Ohio Supreme Court, 1980

The Ohio Supreme Court held that the omitted recklessness instruction did not amount to plain error on this record and that the trial court did not abuse its discretion by calling the child’s mother as a court’s witness.

The court held that appellants ordinarily bear the primary burden of providing a transcript or an authorized substitute, and that errors dependent on omitted transcript portions generally must be resolved by presuming the lower court’s proceedings valid.