What can you do if you have been convicted of a crime but the closing arguements were never included with any of the transcripts, even the ones used for appeals?
Answer
As a general rule, closing arguments do not factor in appeals, because arguments of counsel are not evidence. The jury is specifically told that statements and arguments of counsel are not evidence, evidence somes from the witness stand and exhibits properly introduced.
On rare occasions, a prosecutor will make an improper closing argument that prejudices the jury in how they decide the case. For example, a prosecutor may refer in closing argument to evidence that was suppressed, or insert his person opinion of the defendant's guilt, or may refer to an improper motive for conviction. In such a case, the duty of the defense counsel is to immediately object, at least move to strike the improper remark and obtain a corrective jury instruction telling the jury that what the district attorney said was improper and should be ignored. In an extreme case, the defense attorney can move for a mistrial.
But unless something like that happened during the ending stage of the trial, and a transcript of the closing arguments was specifically requested by the defense attorney, court reporters will not even bother to type up the closing arguments (or the opening statements as well, and for the same reasons).
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