July 17, 2019

Tenth Circuit: Appellant’s Failure to Provide an Adequate Record on Appeal Constituted Waiver of Claims Concerning Sufficiency of Evidence at Trial

The Tenth Circuit published its opinion in United States v. Brody on Tuesday, January 29, 2013.

Patrick Merrill Brody was convicted after a jury trial of willful failure to file a tax return. Brody was sentenced to ten months’ imprisonment and filed this appeal challenging both his conviction and sentence.

The claims Brody raised required a review of items that were not provided in the record. Under the Tenth Circuit’s Rules of Appellate Procedure, “[t]he appellant must provide all portions of the transcript necessary to give the court a complete and accurate record of the proceedings related to the issues on appeal.” 10th Cir. R. 10.1(A)(1). An appellant’s failure to file a trial transcript precludes review of a conviction for sufficiency of the evidence. By failing to file a copy of the trial transcript as part of the record on appeal, the appellant waives any claims concerning the sufficiency of the evidence at trial.

Here, all of Brody’s claims failed, because he failed to provide the Court with the record the Court needed to assess each claim.


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