review constitutes waiver in Pennsylvania

2025See Trial Court Opinion, 3/10/2025, at 3; Smith v. Smith, 637 A.2d 622, 623-24 (Pa. Super. 1993) (finding that the failure “to insure that the original record certified for appeal contains sufficient information to conduct a proper review constitutes a waiver of the issue(s) be examined”); see also Commonwealth v. Stauffenberg, 318 A.3d 399, 410 (Pa. Super. 2024) (“We see no indication in the certified record that [a]ppellant ordered the notes of testimony from his trial.

2024Further, “it is the responsibility of the [a]ppellant to supply this Court with a complete record for purposes of review.” Smith v. Smith, 637 A.2d 622, 623 (Pa.Super. 1993), appeal denied, 539 Pa. 680 , 652 A.2d 1325 (1994) (emphasis in original). “[A] failure by an [a]ppellant to insure that the original record certified for appeal contains sufficient information to conduct a proper review constitutes a waiver of the issue(s) sought to be examined.” Id. at 623-24.

2026See Commonwealth v. Manley, 985 A.2d 256, 263-64 (Pa.Super. 2009) (finding waiver of issue challenging suppression of photo array where appellant did not ensure that certified record contained copy of photo array); Commonwealth v. Martz, 926 A.2d 514, 525 (Pa.Super. 2007) (“A failure by [A]ppellant to [e]nsure that the original record certified for appeal contains sufficient information to conduct a proper review constitutes waiver of the issue sought to be examined”) (citation omitted). -5- J-A28019-25 Next, the Commonwealth argues that the court erred in granting the petition for writ of hab

2021We use the plural for convenience. -9- J-S05040-21 [A]ppellant to [e]nsure that the original record certified for appeal contains sufficient information to conduct a proper review constitutes waiver of the issue sought to be examined”) (quoting Commonwealth v. Martz, 926 A.2d 514, 525 (Pa.Super. 2007)).

2026See Commonwealth v. Manley, 985 A.2d 256, 263-64 (Pa.Super. 2009) (finding waiver of issue challenging suppression of photo array where appellant did not ensure that certified record contained copy of photo array); Commonwealth v. Martz, 926 A.2d 514, 525 (Pa.Super. 2007) (“A failure by [A]ppellant to [e]nsure that the original record certified for appeal contains sufficient information to conduct a proper review constitutes waiver of the issue sought to be examined”) (citation omitted). -5- J-A28019-25 Next, the Commonwealth argues that the court erred in granting the petition for writ of hab

2020Commonwealth v. Manley, 985 A.2d 256, 263 (Pa. Super. 2009) (stating, “[a] failure by Appellant to insure that the original record certified for appeal contains sufficient information to conduct a proper review constitutes waiver of the issue sought to be examined (citation and original brackets omitted)), appeal denied, 996 A.2d 491 (Pa. 2010). 6 With a PRS of 4 and an OGS of 9, the standard range of sentence for the charge of possession with the intent to distribute a controlled substance -7- J-S28020-20 1, 2017 to December 5, 2019).

2018See Growall v. Maietta, 931 A.2d 667, 676 (Pa. Super. 2007), appeal denied, 951 A.2d 1164 (Pa. 2008); see also Smith v. Smith, 637 A.2d 622, 623-24 (Pa. Super. 1993), appeal denied, 652 A.2d 1325 (Pa. 1994).

2008Growall v. Maietta, 931 A.2d 667 (Pa.Super.2007) (holding that failure by the appellant to ensure the original record certified for appeal contains sufficient information to conduct a proper review constitutes waiver of the issues sought to be examined); Keystone Technology Group, Inc. v. Kerr Group, Inc., 824 A.2d 1223 (Pa.Super.2003) (holding an appellate court is limited to considering only those facts duly certified in the record on appeal and, for purposes of appellate review, what is not of record does not exist).

2025The failure by a[ petitioner] to insure that the original record certified for appeal contains sufficient information to conduct a proper review constitutes waiver of the issue(s) sought to be examined.” Salameh v. Spossey, 731 A.2d 649, 658 (Pa. Cmwlth. [1999]) . . . (citation omitted).

2023The failure by an appellant to insure that the original record certified for appeal contains sufficient information to conduct a proper review constitutes waiver of the issue(s) sought to be examined.” Salameh v. Spossey, 731 A.2d 649, 658 (Pa. Cmwlth.), appeal denied, [ 747 A.2d 903 (Pa. 1999)] (citation omitted).17 *** 17 See also Smith v. Smith, [ 637 A.2d 622, 623-24 (Pa. Super. 1993)], appeal denied, [ 652 A.2d 1325 (Pa. 1994)] (“[I]t is the responsibility of the [a]ppellant to supply this Court with a complete record for purposes of review . . . [and] a failure by an [a]ppellant to insur

2024See Pa.R.A.P. 1911(d) (if appellant fails to take action required by appellate rules and Pennsylvania Rules of Judicial Administration for preparation of transcript, appellate court may take such action as it deems appropriate); see also Smith v. Smith, 637 A.2d 622, 623 (Pa. Super. 1993) (“it is the responsibility of the [a]ppellant to supply this Court with a complete record for purposes of review”) (emphasis in original). “[A] failure by an [a]ppellant to [e]nsure that the original record certified for appeal contains sufficient information to conduct a proper review constitutes a waiver of

2024See Pa.R.A.P. 1911(d) (if appellant fails to take action required by appellate rules and Pennsylvania Rules of Judicial Administration for preparation of transcript, appellate court may take such action as it deems appropriate); see also Smith v. Smith, 637 A.2d 622 , 623 (Pa. Super. 1993) (“it is the responsibility of the [a]ppellant to supply this Court with a complete record for purposes of review”) (emphasis in original). “[A] failure by an [a]ppellant to [e]nsure that the original record certified for appeal contains sufficient information to conduct a proper review constitutes a waiver o

2018See Growall v. Maietta, 931 A.2d 667, 676 (Pa. Super. 2007), appeal denied, 951 A.2d 1164 (Pa. 2008); see also Smith v. Smith, 637 A.2d 622, 623-24 (Pa. Super. 1993), appeal denied, 652 A.2d 1325 (Pa. 1994).

2017See Growell v. Maietta, 931 A.2d 667, 676 (Pa. Super. 2007), appeal denied, 951 A.2d 1164 (Pa. 2008); see also Smith v. Smith, 637 A.2d 622, 623-24 (Pa. Super. 1993), appeal denied, 652 A.2d 1325 (Pa. 1993).

2023See also Kessler v. Broder, 851 A.2d 944 (Pa.Super. 2004), appeal denied, 582 Pa. 676 , 868 A.2d 1201 (2005) (reiterating appellant’s responsibility to produce complete record for appeal). -5- J-S11031-23 Instantly, Appellant’s brief fails to present any cogent argument to support any of his issues on appeal.

2021See also Kessler v. Broder, 851 A.2d 944 (Pa.Super. 2004), appeal denied, 582 Pa. 676 , 868 A.2d 1201 (2005) (reiterating appellant’s responsibility to produce complete record for appeal).

2019See Pa.R.A.P. 1911(d); Cade v. McDanel, 679 A.2d 1266 , 1268–69 (Pa. Super. 1996) (“[A] failure by ... appellant to insure that the original record certified for appeal contains sufficient information to conduct a proper review constitutes a waiver of the issue[s] sought to be examined.”).

2018Before we are able to reach this issue, we point out that there are deficiencies in the certified record preventing our review of this claim. “[I]t is [an] appellant’s responsibility to supply this Court with a complete record for purposes of review. [A] failure by ... appellant to insure that the original record certified for appeal contains sufficient information to conduct a proper review constitutes a waiver of the issue[s] sought to be examined.” Cade v. McDanel, 679 A.2d 1266, 1268-69 (Pa. Super. 1996) (internal citations and quotation marks omitted).

2016“A failure by [A]ppellant to insure that the original record certified for appeal contains sufficient information to conduct a proper review constitutes waiver of the issue sought to be examined.” Commonwealth v. Martz, 926 A.2d 514, 525 (Pa.Super.2007), appeal denied, 596 Pa. 704 , 940 A.2d 363 , (2008) (quoting Commonwealth v. Boyd, 451 Pa.Super. 404 , 679 A.2d 1284, 1290 (1996), appeal denied, 547 Pa. 723 , 689 A.2d 230 (1997) (quoting Smith v. Smith, 431 Pa.Super. 588 , 637 A.2d 622, 623 (1993), allocatur denied, 539 Pa. 680 , 652 A.2d 1325 (1994))).

2016“A failure by [A]ppellant to insure that the original record certified for appeal contains sufficient information to conduct a proper review constitutes waiver of the issue sought to be examined.” Commonwealth v. Martz, 926 A.2d 514, 525 (Pa.Super.2007), appeal denied, 596 Pa. 704 , 940 A.2d 363 , (2008) (quoting Commonwealth v. Boyd, 451 Pa.Super. 404 , 679 A.2d 1284, 1290 (1996), appeal denied, 547 Pa. 723 , 689 A.2d 230 (1997) (quoting Smith v. Smith, 431 Pa.Super. 588 , 637 A.2d 622, 623 (1993), allocatur denied, 539 Pa. 680 , 652 A.2d 1325 (1994))).

2018Commonwealth v. Hallock, 722 A.2d 180, 182 (Pa. Super. 1998). -2- J-S69017-18 Here, a review of the certified record shows that Knox made no request for transcription of the February 20, 2018 hearing pursuant to Rule 1911(a).

2016Commonwealth v. Hallock, 722 A.2d 180, 182 (Pa.Super. 1998). -2- J.

2023The failure by an appellant to insure that the original record certified for appeal contains sufficient information to conduct a proper review constitutes waiver of the issue(s) sought to be examined.” Salameh v. Spossey, 731 A.2d 649, 658 (Pa. Cmwlth.), appeal denied, [ 747 A.2d 903 (Pa. 1999)] (citation omitted).17 *** 17 See also Smith v. Smith, [ 637 A.2d 622, 623-24 (Pa. Super. 1993)], appeal denied, [ 652 A.2d 1325 (Pa. 1994)] (“[I]t is the responsibility of the [a]ppellant to supply this Court with a complete record for purposes of review . . . [and] a failure by an [a]ppellant to insur

2012See also Smith v. Smith, 431 Pa.Super. 588 , 637 A.2d 622, 623-24 (1993), appeal denied, 539 Pa. 680 , 652 A.2d 1325 (1994) ("[I]t is the responsibility of the Appellant to supply this Court with a complete record for purposes of review ... [and] a failure by an Appellant to insure that the original record certified for appeal contains sufficient information to conduct a proper review constitutes a waiver of the issue(s) sought to be examined.”) (emphasis in original and citations omitted); Boyle v. Steiman, 429 Pa.Super. 1 , 631 A.2d 1025, 1030-31 (1993), appeal denied, 538 Pa. 663 , 649 A.2d

2016“A failure by Appellant to insure that the original record certified for appeal contains sufficient information to conduct a proper review constitutes waiver of the issue sought to be examined.” Commonwealth v. Martz, 926 A.2d 514, 525 (Pa.Super.2007). “[I]f the appellant caused a delay or other problems in transmitting the certified record, then he or she is not entitled to relief and the judgment of the court below should be affirmed.” Commonwealth v. Bongiorno, 905 A.2d 998, 1001 (Pa.Super.2006).

2015“A failure by Appellant to insure that the original record certified for appeal contains sufficient information to conduct a proper review constitutes waiver of the issue sought to be examined.” Commonwealth v. Martz, 926 A.2d 514, 525 (Pa.Super.2007). “[I]f the appellant caused a delay or other problems in transmitting the certified record, then he or she is not entitled to relief and the judgment of the court below should be affirmed.” Commonwealth v. Bongiorno, 905 A.2d 998, 1001 (Pa.Super.2006).

2024See Smith, 637 A.2d at 623-24 (stating that the failure “to insure that the original record certified for appeal contains sufficient information to conduct a proper review constitutes a waiver of the issue(s) be examined”); Preston, 904 A.2d at 7 (finding that an issue that cannot be resolved without reference to the missing transcripts is waived for purposes of appeal). ____________________________________________ 2 In addition, Appellants’ “pro se status confers no special benefit.” Jordan v. Pennsylvania State Univ., 276 A.3d 751, 761 (Pa. Super. 2022) (citations omitted).

2024Id.

2025See Trial Court Opinion, 3/10/2025, at 3; Smith v. Smith, 637 A.2d 622, 623-24 (Pa. Super. 1993) (finding that the failure “to insure that the original record certified for appeal contains sufficient information to conduct a proper review constitutes a waiver of the issue(s) be examined”); see also Commonwealth v. Stauffenberg, 318 A.3d 399, 410 (Pa. Super. 2024) (“We see no indication in the certified record that [a]ppellant ordered the notes of testimony from his trial.

2024See Smith, 637 A.2d at 623-24 (stating that the failure “to insure that the original record certified for appeal contains sufficient information to conduct a proper review constitutes a waiver of the issue(s) be examined”); Preston, 904 A.2d at 7 (finding that an issue that cannot be resolved without reference to the missing transcripts is waived for purposes of appeal). ____________________________________________ 2 In addition, Appellants’ “pro se status confers no special benefit.” Jordan v. Pennsylvania State Univ., 276 A.3d 751, 761 (Pa. Super. 2022) (citations omitted).

2024“To the contrary, any person choosing to represent himself in a legal proceeding must, to a reasonable extent, assume that his lack of expertise and legal training will be his undoing.” Id. “[I]t is well-settled law that ‘a pro se litigant must comply with the procedural rules set forth in the Pennsylvania Rules of the Court.’” Id. at 762 n.3. - 13 - J-S05035-24 Trial Court Recusal Appellants assert the trial court erred by failing to recuse from the case after conducting the November 16, 2022 hearing in Appellants’ absence.

2024See Pa.R.A.P. 1911(d) (if appellant fails to take action required by appellate rules and Pennsylvania Rules of Judicial Administration for preparation of transcript, appellate court may take such action as it deems appropriate); see also Smith v. Smith, 637 A.2d 622, 623 (Pa. Super. 1993) (“it is the responsibility of the [a]ppellant to supply this Court with a complete record for purposes of review”) (emphasis in original). “[A] failure by an [a]ppellant to [e]nsure that the original record certified for appeal contains sufficient information to conduct a proper review constitutes a waiver of

2024See Pa.R.A.P. 1911(d) (if appellant fails to take action required by appellate rules and Pennsylvania Rules of Judicial Administration for preparation of transcript, appellate court may take such action as it deems appropriate); see also Smith v. Smith, 637 A.2d 622 , 623 (Pa. Super. 1993) (“it is the responsibility of the [a]ppellant to supply this Court with a complete record for purposes of review”) (emphasis in original). “[A] failure by an [a]ppellant to [e]nsure that the original record certified for appeal contains sufficient information to conduct a proper review constitutes a waiver o

2017Commonwealth v. Kennedy, 868 A.2d 582, 593 (Pa. Super. 2005) (“this Court may not consider anything that is not part of the official certified record: [a]ny document which is not part of the official certified record is considered to be - 13 - J-S03004-17 non-existent”) (internal quotations and citations omitted); Commonwealth v. Gonzalez, 608 A.2d 528 , 530 n.6 (Pa. Super. 1992) (“[i]t is appellant’s responsibility to provide the reviewing court with a complete and comprehensive record for purposes of appeal”); Commonwealth v. Martz, 926 A.2d 514, 525 (Pa. Super. 2007) (“[a] failure by [a]ppe

2017“A failure by Appellant to insure that the original record certified for appeal contains sufficient information to conduct a proper review constitutes waiver of the issue sought to be examined.” Commonwealth v. Martz, 926 A.2d 514, 525 (Pa. Super. 2007), appeal denied, 940 A.2d 363 (Pa. 2008) (internal alteration and citation omitted); see Commonwealth v. Kennedy, 151 A.3d 1117, 1127 (Pa. Super. 2016).

2017Commonwealth v. Kennedy, 868 A.2d 582, 593 (Pa. Super. 2005) (“this Court may not consider anything that is not part of the official certified record: [a]ny document which is not part of the official certified record is considered to be - 13 - J-S03004-17 non-existent”) (internal quotations and citations omitted); Commonwealth v. Gonzalez, 608 A.2d 528 , 530 n.6 (Pa. Super. 1992) (“[i]t is appellant’s responsibility to provide the reviewing court with a complete and comprehensive record for purposes of appeal”); Commonwealth v. Martz, 926 A.2d 514, 525 (Pa. Super. 2007) (“[a] failure by [a]ppe