Constitutional Right to Due Process Not Denied As Transcript of Hearing Not Provided to Court by Individual
In Kluge v. Kluge (July 23, 1999), Wood Appellate No. WD-98-015, 1999 Ohio App, the Court of Appeals for the Sixth District reviewed a case similar to the one at bar.
In Kluge, the appellant argued, inter alia, the trial court had denied him his constitutional right to due process and a fair trial by denying him discovery and improperly limiting in his cross-examination of appellee.
Appellant asserted the magistrate and controlled his testimony in his case in chief.
The court of appeals found the appellant had not provided the trial court with a transcript of the hearing, and for this reason, the appellate court must presume the testimony and evidence presented supported the factual findings of the magistrate, and consequently the judgment of the trial court as well, Kluge 1999 Ohio App.