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State v. Holt

Supreme Court of Kansas

December 20, 2013

STATE OF KANSAS, Appellee,
v.
DEREK JOHN HOLT, Appellant

Appeal from Bourbon District Court; MARK A. WARD, judge.

SYLLABUS

BY THE COURT

1. Supreme Court Rule 3.04(a) (2013 Kan. Ct. R. Annot. 23) sets out the procedures to be followed when the transcript of a hearing or trial is unavailable.

2. Due process requires a reasonably accurate and complete record of the trial proceeding in order to allow meaningful and effective appellate review. The findings below must be preserved in such a way that adequate appellate review is possible.

3. When legitimate claims that have a substantial foundation based on the available record are not susceptible to appellate review because the transcript is manifestly incomplete or inaccurate, the proper remedy is to reverse and remand for a new trial.

4. A defendant does not have a constitutionally protected right to a totally accurate transcript of the criminal proceedings.

5. When the district court record is incomplete but there are no substantial or significant omissions, reversal on appeal is not required due to minor omissions. Appellants seeking reversal on the grounds that they are denied due process because of an inaccurate or incomplete transcript must make the best feasible showing possible that a complete and accurate transcript might have changed the outcome of the appeal.

6. A defendant may waive statutory speedy trial requirements.

Richard Ney, of Ney & Adams, of Wichita, argued the cause and was on the briefs for appellant.

Terri L. Johnson, county attorney, argued the cause, and Derek Schmidt, attorney general, was with her on the brief for appellee.

ROSEN, J. MORITZ, J., not participating. DANIEL D. CREITZ, District Judge, assigned.[1]

OPINION

Page 871

[298 Kan. 532] Rosen, J.

Derek John Holt appeals from his conviction and sentence for aggravated indecent liberties with a child. Because the record on appeal is incomplete and cannot be reconstructed effectively, this court is unable to provide the meaningful review that due process requires. We reverse the conviction and remand for a new trial.

L.F. was born in June 2003. Her natural parents are Jason F. and Nicole C. After Jason and Nicole separated, L.F. and her older brother Z.F. resided with Nicole.

Jason began living with Sheena Reed in November, 2005. In April 2006, L.F. and Z.F. started residing with Jason and Sheena on a temporary ...


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