LAWS MOTIONS LINKSIN THE COURT OF APPEALS,
__________, DIVISION
STATE of MISSOURI
STATE of MISSOURI, Plaintiff
, Attorney
V
CASE #CR____-______,
Defendant
Rule 30.04(h),81.12(e)
Motion to Supplement the Record on Appeal
Comes now the Appellant, , pursuant to Mo.S.Ct. Rule 30.04(h) and 81.12(e) and respectfully requests that the Court of Appeal enlarge the Record on Appeal. Appellant cites State V Borden 605 S.W. 2nd 88, 91-92.
"It is the responsibility of the appellant to cause a transcript of proceedings to be prepared...such duty is not discharged by merely transmitting whatever court reporter prepares. If any material omissions occurred it was incumbent upon the defendant/appellant to correct the record..."
Appellant notes that "Motion for Nunc Pro Tunc Order to Correct Record on Appeal" filed with the court of
and maintained in the certified record on appeal at page # of the legal file and noted in the transcript at page # . (The trial court has or has not held a hearing, and any subsequent decisions concerning the Nunc Pro Tunc Motion should be noted at this time.)
Therefore, Appellant takes this step to enlarge the legal file, and transcript. Further to examine the original magnetic recordings for the trial Court Process as established in Department of Social Services V Branch 929 S.W. 2nd 878, and Wrin V Kansas City 908 S.W. 2nd 750 footnote #5, to which magnetic recordings of hearings were supplemented by the appellant court.
Appellant specifically cites the following additions to the legal file:
1) Uniform Complaint and Summons #
issued . This document is maintained in Appellant court file maintained in document " ".
2)Receipt # , issued for bond on and maintained in the record at .
3)Document titled " " dated
, as maintained in Appellant Court File in the "Motion , at page # of the legal file.
4) Form used in
, in the .
Appellant states that these documents should be certified or deposited with the Court of Appeals so that the appellant briefs will wholly contain all evidence to support appellants arguments:
A) the trial court is not a "Court of Record."
B) the jury was not a fair and impartial cross section of defendant’s peers or the community.
C) Abuse of Desecration of the part of the Trial Court.
Appellant now request that the following additions to the Transcripts be supplemented to the certified Transcript. The appellant asks that the Recording Logs for the dates be so certified by the trial Court and Supplemented to the legal file:
1) Transcript to the hearing held on Motion to " " Page of the recording log at point # in the notes insult by the judge to the defendant. Herein, contained in this document as Attachment #1.
2) Transcript and the Recording Log for the evidentiary hearing held on Motion" "
are erroneous.
Further, appellant states that the certified transcripts are neither accurate or complete and in come cases false. Appellant believes that all dates transcribed have been abridged to the determent of the appellant. For the appellant to enumerate all of the discrepancies would be burdensome to the appellant and the Court of Appeals; however, obvious mistakes made in the certified transcripts which are fundamental to the appeal are:
1) On the evidence was presented before the trial court which would tend to negate the case of the respondent and the abuse of discretion of the trial court led to a manifest injustice done unto the appellant
2) On the date of appellant made the trial court aware of conditions that set down in court rulings that did deny appellant due process of law.
Therefore, appellant must request that this honorable court grant the appellant to file a supplement to the record on appeal.
Respectfully submitted,
signature
name
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