State v. Cutri

I concur in the majority’s analysis and disposition, but write separately to highlight and address a recurring concern that this case exemplifies: What can appellate counsel do to satisfy the requirements of Ethyl Corp. v. Jalbert, 270 Or 651, 655, 529 P2d 368 (1974), if a trial record is materially incomplete?1

The answer lies, at least in part, in Hoffart v. Lindquist & Paget Mortg. Co., 182 Or 611, 620, 189 P2d 592 (1948):

“[A]ffidavits relative to the question of an appellant’s diligence and to the merits of the appeal should be filed with this court in support of a petition to reverse the…