Kelleher v. State

I respectfully dissent from the majority opinion. I cannot concur with the conclusion that this court should permit the notice of appeal to be amended, nor should we direct the transcript be forwarded to this court for consideration of the merits of this appeal.

1. When appellant filed her notice of appeal she directed: “Transcript of evidence and proceedings will not be filed for inclusion in the record on appeal.” Thereafter she filed a motion to “adopt” the record in the case of her husband and son. Because she had not been tried with them, this court denied the motion to “adopt.” Appellant…