Clyde Everett Hall v. H.L. Whitley the Attorney General of the State of Nevada
Opinion
Opinion
Clyde Hall appeals the district court’s dismissal of his petition for a writ of habe-as corpus. He contends that the district court erred in rejecting his claims of prose-cutorial misconduct and ineffective assistance of counsel.
A. Failure to Provide Transcripts on Appeal
Because we review the district court’s decision de novo, Allen v. Risley, 817 F.2d 68, 69 (9th Cir.1987), we must read the transcript of the trial court proceedings. Hall did not provide us with a transcript of the prosecutor’s closing argument, upon which he bases his claim of misconduct. Nor did he ensure that the transcript was accessible to us. Under Fed.R.App.P. 10(b)(2) we may dismiss an appeal when an appellant fails to provide us with relevant portions of a transcript. Syncom Capital Corp. v. Wade, 924 F.2d 167, 169 (9th Cir.1991); Portland Feminist Women’s Health Ctr. v. Advocates for Life, Inc., 877 F.2d 787, 789-90 (9th Cir.1989).
In Syncom, the appellant challenged the adequacy of the district court’s findings and several of its decisions, but failed to provide a transcript of the trial. 924 F.2d at 169 . We dismissed the appeal because we could not review the appellant’s principal arguments…