Appellate Procedure

Defendant appealed decision of the Appeals Panel administratively dismissing his appeal from a traffic violation conviction. Defendant failed to provide the Appeals Panel with the trial transcript and, therefore, Defendant failed to comply with Rule 21 of the Traffic Tribunal Rules of Procedure. Defendant claimed that he could not submit a transcript because “he never received the recording from the Tribunal.” The electronic record contained a clerk’s notes that indicated that Defendant did in fact receive the recording. Given the fact that the clerk’s notes are entitled to the presumption of regularity, the District Court held that the dismissal of Defendant’s appeal was proper under Rule 21. Accordingly, the District Court affirmed the decision of the Appeals Panel.

Mark Broadbent v. State of Rhode Island, A.A. No. 18-114 (February 27, 2019).pdf