Smith v. Commonwealth

Despite the majority’s attempt to redefine the question before us, the issue is really quite simple: is a failure to make an indispensable transcript part of the record a jurisdictional defect that requires dismissal of the appeal? Over a quarter of a century ago, our Supreme Court answered that question with clear, unambiguous, and unequivocal language. The Court said,

[W]e must dismiss the writ as improvidently awarded. We take the occasion ... to reiterate the jurisdictional nature *364of [former] Rule 5:9 and to reemphasize the necessity of compliance with its mandatory requirements.

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