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58 N.C. App. 818

294 S.E.2d 780

State v. Wilson

Court of Appeals of North Carolina

Decided September 21, 1982

Court of Appeals of North Carolina · decided 1982-09-21

Key passage — most relied on by later courts

“Rules of Appellate Procedure are mandatory and failure to observe them is grounds for dismissal of the appeal.”

quoted by 2 later decisions, including 169 N.C. App. 483 - Wolfe v. Villines, 170 N.C. App. 1 - McCutchen v. McCutchen

Relies on Britt v. Allen

Good law ✅— No negative treatment on recordhow we know

Decided 1982-09-21

How this case has been cited

Cited by 20 later decisions — most recently May 2005

20 state decisions

140198219902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

*819 WELLS, Judge.

¶1 In his record on appeal, defendant chose to file a stenographic transcript of the trial proceedings. In his appeal, defendant has brought forth six assignments of error, at least five of which require a careful examination of the trial record. In violation of the provisions of Rule 9(c)(1) and Rule 28(b)(4) of the Rules of Appellate Procedure, defendant did not reproduce verbatim and attach as an appendix to his brief those portions of the transcript necessary to understand the questions presented in defendant’s brief. It is imperative that defendants using the stenographic transcript alternative allowed by Rule 9(c)(1) carefully follow the requirements of Rule 28(b)(4) in order that this Court not be left the time-consuming and burdensome task of searching through the transcript for the pertinent pages. The omission of the pertinent transcript pages requires that the transcript be circulated among all the judges on the panel, requiring each of them to go through this time-consuming and burdensome task. We note that this omission is occurring with alarming frequency in appeals filed since the effective date of the Rule change allowing the use of stenographic transcripts. Such abuses, if allowed to continue, will significantly impede the work of this Court. Rules of Appellate Procedure are mandatory and failure to observe them is grounds for dismissal of the appeal. See Britt v. Allen, 291 N.C. 630, 231 S.E. 2d 607 (1977).

¶2 For defendant’s failing to observe the requirements of Rule 9(c)(1) and Rule 28(b)(4), this appeal is

¶3 Dismissed.

Judges Vaughn and Webb concur.
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