State v. Downs, Unpublished Decision (11-12-2003)
State v. Downs, Unpublished Decision (11-12-2003)
Opinion of the Court
{¶ 3} Appellant timely appealed, setting forth six assignments of error.
{¶ 5} In the case sub judice, the record on appeal consists of the docket and journal entries from the trial court, as well as a certified videotape of the trial proceedings. This Court finds that the videotape is insufficient to satisfy the appellant's burden of establishing error. App.R. 9(A) provides, in pertinent part:
"A videotape recording of the proceedings constitutes the transcript of proceedings other than hereinafter provided, and for purposes of filing, need not be transcribed into written form. * * * When the transcript of proceedings is in the videotape medium, counsel shall type or print those portions of such transcript necessary for the court to determine the questions presented, certify their accuracy, and append such copy of the portions of the transcripts to their briefs." See, also, Loc.R. 5(A)(1)(b).
{¶ 6} Appellant provided a certified videotape of the trial proceedings. However, appellant failed to provide this Court with any typed portion of the videotape transcript.
{¶ 7} A presumption of validity accompanies the ruling of the trial court. Without those portions of the record necessary for the resolution of an appellant's assignment of error, "the reviewing court has nothing to pass upon and * * * has no choice but to presume the validity of the lower court's proceedings and affirm." Knapp,
Judgment affirmed.
SLABY, P.J., BAIRD, J. CONCUR
Reference
- Full Case Name
- State of Ohio v. Donn Downs
- Cited By
- 1 case
- Status
- Unpublished