State v. Bradley, 2010-Ohio-309 - 5th District Court of Appeals of Ohio

Bradley lost his appeal due to not bringing to the attention of the lower court that his demand for discovery was not completed by the prosecution, and by not obtaining a written full transcript of the court proceedings.  These are two items that were clearly within the control of Bradley, but are easy items to miss.  If you plan on fighting your ticket and you are going to appeal it if you lose your case, you must be thorough and collect all evidence and make all objections possible to provide to the applicable Court of Appeals.

DEMAND FOR DISCOVERY:
"The record reflects that appellant filed a discovery request on March 19, 2009. On the same day, the judge ordered the prosecutor to provide discovery to appellant within 15 days. The record does not reflect any further filings regarding discovery. While appellant now argues that the prosecutor failed to comply fully with his discovery demand, the record does not reflect that appellant brought this to the attention of the court as required by Crim. R. 16(E)(3), nor does the record reflect that appellant did not received discovery of materials to which he was entitled under Crim. R. 16.  {¶13} The second assignment of error is overruled."

I recommend demanding discovery from the prosecutor, and in this case the appellant filed a demand for discovery, but he did not raise his objection or unfulfilled demand before the trial court. In order for a discovery request to be valid on appeal, the lower court must have notice the discovery was not fulfilled. I would do this in writing as a motion, and I would bring it up at the beginning of the trial to have it on the transcript record. If the judge acknowledges the discovery was not complete but proceeds with the trial, you have a point to make on appeal.

REQUEST A WRITTEN TRANSCRIPT OF PROCEEDINGS:
When filing an appeal always remember to obtain a full transcript of the proceedings and submit it on time to the appeals court.  "However, App. R. 9(B) requires the transcript to be ordered from the court reporter.  Appellant failed to properly order a transcript of the proceedings and accordingly, the record was transmitted to this court without a transcript of the proceedings.  Absent a transcript, we must presume regularity in the proceedings in the trial court. Knapp v. Edwards Laboratory (1980), 61 Ohio St.2d 197, 400 N.E.2d 384."  Without the transcript, you cannot show what you are proving was contrary to previous case rulings or to the existing law.  If the court gives you a CD to be transcribed, the fees for the CD and transcription costs are considered refundable court costs if you win your appeal.