STATE EX REL. WHIO-TV-7 v. LOWE

Nos. 95-2224 and 95-2356.

77 Ohio St.3d 350 (1997)

THE STATE EX REL. WHIO-TV-7 v. LOWE ET AL. THE STATE EX REL. WDTN-TV-2, APPELLANT, v. LOWE ET AL., APPELLEES.

Supreme Court of Ohio.

Decided January 22, 1997.


Attorney(s) appearing for the Case

Porter, Wright, Morris & Arthur, Robert E. Portune, Thomas L. Czechowski and Linda S. Holmes, for relator in case No. 95-2224.

Pickrel, Schaeffer & Ebeling, Andrew C. Storar and Michael W. Sandner, for appellant WDTN-TV-2 in case No. 95-2356.

Mathias H. Heck, Jr., Montgomery County Prosecuting Attorney, and Carley J. Ingram, Assistant Prosecuting Attorney, for respondents Heck and Franceschelli in case No. 95-2224, and appellee Montgomery County Prosecutor's Office in case No. 95-2356.

J. Anthony Sawyer, Director of Law, for respondent Lowe in case No. 95-2224, and appellee Lowe in case No. 95-2356.

Bieser, Greer & Landis, Michael W. Krumholtz and David P. Williamson, for intervening respondent Ritchie in case No. 95-2224, and appellee Ritchie in case No. 95-2356.


ALICE ROBIE RESNICK, J.

This case presents the issue of whether information that the criminal prosecutor has disclosed to the defendant for discovery purposes pursuant to Crim.R. 16, and therefore ordinarily would not be considered to be work product or trial preparation materials, is precluded from release to the public pursuant to the public records doctrine.

Appellant and relator argue that because the prosecution has already disclosed to the defendant...

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