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State v. Redfern

Supreme Court of Montana

October 2, 2013

STATE OF MONTANA, Plaintiff and Appellee,
v.
PASCAL REDFERN, Defendant and Appellant.

ORDER

This Court has issued three previous orders extending the time for production of the necessary transcripts on appeal due to apparent difficulties in communication between Appellant Pascal Redfem and Court Reporter Cerese S. Parker, and providing procedures for resolving the conflict between Redfem and Parker.

Parker has now filed an affidavit stating that she still has not received information from Redfem of sufficient specificity to understand what portion of the trial transcripts he is requesting for his appeal. Redfern avers in response that he has repeatedly provided specific information to Parker.

Redfem concludes his affidavit with the statement that "[w]hile this will lessen the impact of my brief, I see the only remedy for [me] is to pursue [my] appeal WITHOUT the transcripts..." (capitalization in original). Redfem requests no further relief and, as we read his affidavit, he has abandoned his effort to obtain transcripts from Parker.

While Redfem may prosecute his appeal in the manner he deems appropriate, he is advised that he must comply with the Rules of Appellate Procedure. As the appellant, Redfem bears the responsibility of providing any transcripts that are necessary to support the particular issues he raises on appeal, and that "[f]ailure to present the court with a sufficient record on appeal may result in dismissal of the appeal or affirmance of the district ...


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