Cleveland v. McGervey

Citations

• 200 N.E.3d 367
• 2022 Ohio 3911

Syllabus

Record transcript recording competency sealed regularity prejudice App.R. 9 bench trial review. Defendant was materially prejudiced by the trial court's failure to record the majority of the trial proceedings. The defendant has demonstrated that a request was made at trial that the proceedings be recorded or that objections were made to the failures to record, an effort was made on appeal to comply with App.R. 9 and to reconstruct what occurred or to establish its importance, and material prejudice resulted from the failure to record the proceedings at issue.