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State of Ohio v. Gabriel S. Greaves

October 5, 2011

STATE OF OHIO
APPELLANT
v.
GABRIEL S. GREAVES APPELLEE



Trial Court No. CRB 110782

Per curiam.

Cite as State v. Greaves,

DECISION AND JUDGMENT

{¶1} This matter is before the court on defendant-appellee Gabriel Greaves' motion to strike the documents contained in "Appendix B"*fn1 to plaintiff-appellant state of Ohio's brief, and any reference to those documents. Appellee argues that the documents contained in "Appendix B" were not filed in the trial court, and thus are not part of the record on appeal. Appellant filed a response to the motion to strike arguing that an essential element of the appeal is the context in which certain statements and actions of appellee occurred, and that the documents provide that context.

{¶2} App.R. 9 states in relevant part:

{¶3} "(A) Composition of the record on appeal

{¶4} "(1) The original papers and exhibits thereto filed in the trial court, the transcript of proceedings, if any, including exhibits, and a certified copy of the docket and journal entries prepared by the clerk of the trial court shall constitute the record on appeal in all cases."

{¶5} Here, the materials contained in "Appendix B" were not filed in the trial court or included as exhibits to any proceeding. Thus, they were not made part of the record. Instead, appellant argues that the materials are necessary to aide this court in ruling upon the issues on appeal. However, it is well established that "[a] reviewing court cannot add matter to the record before it, which was not a part of the trial court's proceedings, and then decide the appeal on the basis of the new matter." State v. Ishmail (1978), 54 Ohio St.2d 402, paragraph one of the syllabus. Therefore, because appellant's "Appendix B" is not a part of the record below, those materials cannot be considered on appeal. See App.R. 12(A)(1)(b).

{¶6} Accordingly, appellee's motion to strike is granted. The court orders

"Appendix B" attached to appellant's brief filed on August 30, 2011, and all references to the contents of "Appendix B" contained in appellant's brief, stricken from the record. "Appendix B" shall not be considered in deciding this appeal.

{¶7} It is so ordered.

MOTION GRANTED.

Peter M. ...


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