State ex rel. Husband v. Shanahan

The Supreme Court affirmed the judgment of the court of appeals dismissing Appellant's petition for a writ of mandamus to compel Appellee, Judge Megan E. Shanahan of the Hamilton County Court of Common Pleas, to provide public records relating to his incarceration, holding that Appellant improperly sought records under the Public Records Act rather than the Rules of Superintendence.Appellant was convicted of aggravated burglary, abduction, and rape. Appellant later filed motions seeking the inspection and release of public records relating to his case. Judge Shanahan denied the motions, noting that Appellant could access all publicly available records through the clerk of courts. Appellant then filed his petition for a writ of mandamus. The court of appeals dismissed the writ, concluding that since Appellant was incarcerated, a sentencing court must first determine that the court records were necessary to support a justiciable claim. The Supreme Court affirmed but on different grounds, holding that the court of appeals erred in applying the Ohio Public Records Act, Ohio Rev. Code 149.43, to Appellant's records request and that the court of appeals correctly dismissed the case. View "State ex rel. Husband v. Shanahan" on Justia Law