State v. Edmonds

COPELAND, Justice.

Defendant contends he is entitled to have his appeal heard on the merits and that the Court of Appeals misconstrued the requirements of Rule 28(b)(4) of the Rules of Appellate Procedure. Specifically, the defendant appellant argues that Rule 28(b)(4) does not require that all verbatim reproductions of segments of the transcript be placed in an appendix to the brief. We agree with the defendant’s contention and reverse the decision of the Court of Appeals.

Rule 28(b)(4) provides:

If pursuant to Rule 9(c)(1) appellant utilizes the stenographic transcript of the evidence in lieu…