Tuesday, April 11, 2006

appeal - lack of transcript - reconstruction - PRAP 1923

In the Interest of G.T. - Superior Court - April 10, 2006

http://www.courts.state.pa.us/OpPosting/Superior/out/a04009_06.pdf

Appellant father contested the termination of his parental rights, claiming, inter alia, that the part of the hearing transcript was missing. The court rejected that argument, noting that father did nothing to try to recreate the missing parts of the transcript as best he could, which was his duty under PRAP 1923 http://www.pacode.com/secure/data/210/chapter19/s1923.html (Statement in Absence of Transcript) and which opposing counsel offered to draft. The court also held that there was a sufficient factual basis for the lower court's decision, even in the absence of parts of the transcript.

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