COURT OF APPEALS OF OHIO 
 
              ELEVENTH APPELLATE DISTRICT 
 
GAIL S. BRAHIER                  :CASE NO. 92-G-1705 
 
              PLAINTIFF-APPELLEE :CT.NO. 91 DC 000792 
 
 V.                              :MOTION(S) TO: BRING FORTH  
                                 :THE RECORDS AND TRANSCRIPT 
MAURICE E. BRAHIER               :NECESSARY FOR THE APPEAL; 
                                 :PROVIDE TRANSCRIPT AT 
                                 :PUBLIC EXPENSE; OR, DEFER 
                                 :COST UNTIL AFTER JUDGEMENT 
                                 :(cost presented when..); 
                                 :STAY PENDING APPEAL 
 
 
 Now comes the defendant-appellant, Maurice E. Brahier, and 
 
motions this court to order and bring before the court the  
 
records necessary for the appeal. Judgement was produced by 
 
the appellate staying judgement of costs for representation 
 
and costs until end of appeal. 
 
 The 1992 COURT RULES BULLETIN # 3, PROPOSED APPELLATE RULES 
provided for RULE 24. COSTS (B) As used in this rule, "costs" 
means an expense incured in the preperation of the record 
including the transcript of proceedings, fees allowed by law, 
a premium for a supersede as bond or other bond to preserve 
a right pending appeal, and the fee for filing the appeal. It 
does not mean the expense or copying a brief or an appendix. 
 
 Effective July 1, 1992 
 
 However the defendant is unable to supply the out-of-pocket  
 
expense for the transcript or supersede as bond, having been 
 
found indigent by the court of common pleas and having just 
 
been involved in an automobile accident. He did however order 
 
and supply the expense for deposit for preparation of 
 
transcript, the transcript now waits for presentation to the 
 
appellate. 
 
 In State ex rel Dillard v. Duncan,(1976) 45 OS(2d) 134, 341 
 
NE(2d) 841 the court finds that: 
 
"The burden is on the state to show that a transcript of 
prior proceedings requested by an indigent defendant is not 
needed for an effective defence or appeal." 
 
 However, the transcript is needed to review whether the 
 
judgements of the lesser court are against manifest weight of 
 
the evidence and to protect the property right of appeal. 
 
 The defendant has his brief prepared for presentation to the 
 
appellate court assigning errors against manifest weight of 
 
the evidence, and violations of law, fact and right. 
  
 The constitutions of both Ohio and The United States of 
 
America state due process and equal protection under law. A 
 
party may not be denied property with due process and 
 
representation. 
 
Their guaranties are a matter of your record in Reply/ 
 
Supporting document. 
 
 And the transcript waits for presentation. 
 
 In State ex rel. Motley v. Capers, 23 Ohio St. 3d 56, 491 
 
NE2d 311 (1986) the court finds that: 
 
 In a case of first impression, the court held that a 
transcript would be considered unavailable within the meaning 
of Ohio App. 9(c) when an indigent appellant in a civil 
appeal could not afford to have one prepared. 
  
 But it is prepared, waiting for presentation to the court of 
 
appeals on a judgement which may have unduly affected not 
 
only the defendants rights, but the rights of children. 
 The appellate was supplied with some child protection  
 
guaranties in the form of laws and reponses required pursuant 
 
to those laws. And the rights of the children stand waiting. 
 
 The best interest of the children is the supposed primary  
 
concern of the court, the transcript waits for presentation 
 
to the court and the children wait in want of a decision in 
 
thier interest. 
 
 The issue of custody is the primary issue of this appeal,  
 
their best interest might be found to have been ignored. And  
 
the rights of the children stand waiting for a decision. 
 
 The "forgotten" children, and the defendant, request that 
 
this transcript be ordered sent to the appellate, its cost to 
 
be either held until judgement, or supplied at public 
 
expense, so that they might receive their equal protection 
 
and due process under law.   
 
 
 
46 OS(2d) 134, 341 NE(2d) 841 (1976), State ex rel Dillard v. 
Duncan  
 
 "It is not required that an order directing the furnishing 
of a transcript at public expense designate what fund is to 
be the source for paying the court reporter or describe an 
effective procedure for collecting such payment" 
 
 The defendant has included a copy of the preface of his 
 
brief in attempt to spark some interest at the appellate 
 
level. 
 
The defendant demands as a right, that the transcript and 
 
records be ordered submitted to the appellate, in any manner 
 
that might be found in law, so that he might submit his brief 
 
and receive due process and equal protection for himself and 
 
the children. 
 
 He also demands that the supersede as bond be waived or 
 
assigned at a level at which indigent appellants might obtain 
 
and protect their rights, or assigned as costs at end of 
 
appeal, and a stay pending outcome of appeal be issued to the 
 
lesser court, pending outcome of appeal. 
 
 
                              _______________________________ 
                              Maurice E. Brahier 
                         c/o  xxxxxxxxx 
                              XXXXXXXXXXX 
                              XXXXXXXXX, Ohio  XXXXX 
 
 
 
 I certify that I have included an additional copy of this 
document and attachment for presentation after time stamping, 
to Attorney of Record for Appellee, and have included a 
stamped, self- addressed envelope in which both my copy and 
his might be sent. 
 
                              ______________________________ 
                              Maurice E. Brahier 
 
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