Lafayette County v. Ian D. Humphrey, 2016AP966, District 4, 8/16/18 (one-judge decision; ineligible for publication); case activity (including respondent’s brief)
Humphrey wants appellate review of the forfeiture judgment entered against him for operating a vehicle while suspended. He doesn’t get it.
Humphrey previously sought a waiver of fees for the production of transcripts, but that endeavor was unsuccessful because, even though he was indigent, he failed to state an arguable basis for appeal. Naturally, his appeal (challenging the denial of his request for jury trial and sufficiency of the evidence) now fails because, when the record is incomplete (e.g., when transcripts haven’t been prepared), the court of appeals assumes the missing material supports the trial court’s rulings. (¶¶2-4).
Like Capt. Yossarian, let out a respectful whistle for the absolute simplicity of this catch: You can’t get the transcripts till you state an arguable basis for appeal; and you can’t state an arguable basis for appeal till you get the transcripts.
Other arguments Humphrey makes are not sufficiently developed or rely on a document not in the record. (¶¶5, 8, 9).
