STATE v. ATHON

No. 2012-0628.

136 Ohio St.3d 43 (2013)

2013-Ohio-1956

THE STATE OF OHIO, Appellant, v. ATHON, Appellee.

Supreme Court of Ohio.

Decided May 15, 2013.


Attorney(s) appearing for the Case

John P. Curp , Cincinnati City Solicitor, Marva K. Benjamin , Senior Assistant Prosecuting Attorney, and Charles A. Rubenstein , Assistant Prosecuting Attorney, for appellant.

The Law Office of Steven R. Adams, Steven R. Adams , and Marguerite Slagle, for appellee.

Sirkin Kinsley Co., L.P.A., Jennifer M. Kinsley , and H. Louis Sirkin , urging affirmance on behalf of amicus curiae Ohio Justice and Policy Center.

The Law Firm of Curt C. Hartman and Curt C. Hartman ; Finney, Stagnaro, Saba & Patterson Co., L.P.A., and Christopher P. Finney , urging affirmance on behalf of amicus curiae Mark W. Miller.

Timothy Young , Ohio Public Defender, and Francisco E. Luttecke , Assistant Public Defender, urging affirmance on behalf of amicus curiae Office of the Ohio Public Defender.

Michele L. Berry on behalf of amicus curiae the Innocence Network.


O'DONNELL, J.

{¶ 1} The state of Ohio appeals from a judgment of the First District Court of Appeals that reversed an order of the trial court compelling Gary Athon to provide reciprocal discovery to the state after he used a public records request instead of Crim.R. 16 to obtain information relating to his pending criminal case from the State Highway Patrol. The appellate court held that a public records request is not a demand for...

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