COA affirms convictions for municipal ordinance violations because appellant did not obtain adequate record for appeal.
County of Monroe v. Nicholas H. Withey, 2025AP1802, 10/1/26, District IV (ineligible for publication); case activity
The COA affirmed the defendant-appellant’s convictions for disorderly conduct and resisting officer because the record was not sufficiently developed to review any issues on their merits.
Nicholas Withey was convicted after a jury trial of two Monroe County municipal ordinance violations — disorderly conduct and resisting an officer. He proceeded pro se on appeal. The circuit court determined Withey was not indigent for purposes of entitling him to free transcripts and the record on appeal did not include transcripts of any circuit court proceedings. (¶¶ 7-8).
Although Withey raised 14 issues on appeal, the COA concluded he failed to develop any issue that was reviewable on the merits because his briefs did not cite to the appellate record and no transcripts were available. (¶¶ 11-13). The COA reminded litigants that the appellant bears the responsibility to ensure that the parties and the COA have an adequate record on appeal. (¶ 14).