STATE EX REL. CLARK v. CITY OF TOLEDO

No. 89-1924.

54 Ohio St. 3d 55 (1990)

THE STATE, EX REL. CLARK, APPELLANT, v. CITY OF TOLEDO ET AL., APPELLEES.

Supreme Court of Ohio.

Decided October 10, 1990.


Attorney(s) appearing for the Case

Randall M. Dana, Ohio public defender, David C. Stebbins, Stephen P. Deffet and Dale A. Baich, for appellant.

Sheldon M. Rosen, director of law, Samuel J. Nugent and Patricia A. Delaney, for appellees.

J. Dean Carro and Janice Toran, urging reversal for amicus curiae, American Civil Liberties Union of Ohio Foundation, Inc.

Anthony G. Pizza, prosecuting attorney, and James D. Bates, urging affirmance for amicus curiae, Lucas County Prosecutor.


WOLFF, J.

The narrow question presented by this appeal is whether a criminal defendant who has exhausted the direct appeals of his conviction may avail himself of R.C. 149.43 to support his petition for post-conviction relief. We answer this question in the affirmative, and accordingly we reverse the judgment of the court of appeals and remand this case to that court for an individualized scrutiny of those records which respondents contend that Clark, pursuant to...

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