Ohio Case Commentaries

Mandamus & Public Records Act: In Camera Review of Redacted Records and Civ.R. 36(B) Clarifications

Date: Apr 10, 2025

Mandamus & Public Records Act: In Camera Review of Redacted Records and Civ.R. 36(B) Clarifications Introduction The Supreme Court of Ohio’s decision in State ex rel. Mauk v. Sheldon, 2025-Ohio-1221,...

Clear and Convincing Proof Requirement for Statutory Damages under the Ohio Public Records Act

Date: Apr 9, 2025

Clear and Convincing Proof Requirement for Statutory Damages under the Ohio Public Records Act Introduction State ex rel. Ware v. Akron Police Department (2025-Ohio-1198) is an original mandamus...

Mandating 30-Day Memorandum Requirement for Delayed Appeals: New Ohio Precedent (2025-Ohio-1090)

Date: Apr 2, 2025

Mandating 30-Day Memorandum Requirement for Delayed Appeals: New Ohio Precedent (2025-Ohio-1090) Introduction On April 1, 2025, the Supreme Court of Ohio issued a consolidated set of rulings in its...

Clarifying Affidavits and Inmate-Records Exemptions Under Ohio’s Public Records Act: State ex rel. Ealom v. Booth

Date: Mar 28, 2025

Clarifying Affidavits and Inmate-Records Exemptions Under Ohio’s Public Records Act (State ex rel. Ealom v. Booth, 2025-Ohio-1025) Introduction In State ex rel. Ealom v. Booth, 2025-Ohio-1025, the...

Establishing Evidentiary Standards and Security‐Record Exemptions Under the Ohio Public Records Act in Correctional Institutions

Date: Mar 28, 2025

Establishing Evidentiary Standards and Security‐Record Exemptions Under the Ohio Public Records Act in Correctional Institutions Introduction State ex rel. Adkins v. Cole, Slip Opinion No....

Existence-at-Request Controls Statutory Damages; Temporal Security-Record Exemption Clarified under Ohio’s Public Records Act

Date: Mar 28, 2025

Existence-at-Request Controls Statutory Damages; Temporal Security-Record Exemption Clarified under Ohio’s Public Records Act Introduction In State ex rel. Adkins v. Cole, Slip Opinion No....

Denial, Not Dismissal: Moot Public-Records Mandamus Petitions Must Be Denied — State ex rel. Ames v. Concord Twp. Bd. of Trustees

Date: Mar 28, 2025

Denial, Not Dismissal: Moot Public-Records Mandamus Petitions Must Be Denied — State ex rel. Ames v. Concord Twp. Bd. of Trustees Introduction In State ex rel. Ames v. Concord Township Board of...

Clarifying Public-Records Mandamus Relief and Statutory Damages in Prisoner Requests

Date: Mar 28, 2025

Clarifying Public-Records Mandamus Relief and Statutory Damages in Prisoner Requests Introduction State ex rel. Adkins v. Cole (2025-Ohio-1026) consolidates four original‐action mandamus petitions...

Parole-Arrest Reports Are “Criminal Investigation” Records: Ohio Supreme Court Requires Sentencing-Court Leave Under R.C. 149.43(B)(8) and Reaffirms Relator’s Burden to Prove Record Existence

Date: Mar 27, 2025

Parole-Arrest Reports Are “Criminal Investigation” Records: Ohio Supreme Court Requires Sentencing-Court Leave Under R.C. 149.43(B)(8) and Reaffirms Relator’s Burden to Prove Record Existence...

Mandamus Unavailable to Correct Jail‑Time Credit; Remedy Lies in R.C. 2929.19(B)(2)(g)(iii) Motion

Date: Mar 26, 2025

Mandamus Unavailable to Correct Jail‑Time Credit; Remedy Lies in R.C. 2929.19(B)(2)(g)(iii) Motion Introduction In State ex rel. Duncan v. Chambers-Smith, 2025-Ohio-978, the Supreme Court of Ohio...

Ohio Supreme Court Clarifies Limits of Prohibition: No Writ Against Prosecutors; Alleged Fraud in Trial-Level Filings Must Be Addressed by Appeal, Not Extraordinary Relief

Date: Mar 26, 2025

Ohio Supreme Court Clarifies Limits of Prohibition: No Writ Against Prosecutors; Alleged Fraud in Trial-Level Filings Must Be Addressed by Appeal, Not Extraordinary Relief Introduction In State ex...

Ex parte intervention to secure a family member’s pre‑arraignment release in contravention of a court bond schedule warrants a conditionally stayed six‑month suspension

Date: Mar 21, 2025

Ex parte intervention to secure a family member’s pre‑arraignment release in contravention of a court bond schedule warrants a conditionally stayed six‑month suspension Introduction In Disciplinary...

Mandamus Denied: Broad Discretion of Election Boards in Signature Verification and No Duty for Reconsideration Hearings

Date: Mar 20, 2025

Mandamus Denied: Broad Discretion of Election Boards in Signature Verification and No Duty for Reconsideration Hearings Introduction State ex rel. Porteous v. Franklin Cty. Bd. of Elections, Slip...

Obligations of Corrections Departments under R.C. 149.43: Statutory Damages for Inmate Public-Records Requests

Date: Mar 20, 2025

Obligations of Corrections Departments under R.C. 149.43: Statutory Damages for Inmate Public-Records Requests Introduction State ex rel. Clark v. Dept. of Rehabilitation & Correction, Slip Opinion...

Mandatory Inclusion of Approved Zoning Modifications in Referendum Petitions under R.C. 519.12(H)

Date: Mar 20, 2025

Mandatory Inclusion of Approved Zoning Modifications in Referendum Petitions under R.C. 519.12(H) Introduction State ex rel. Shamro v. Delaware County Board of Elections, 2025-Ohio-941, is an...

Clear-and-Convincing Proof of Record Existence Is Required in Ohio Public-Records Mandamus; Retention Schedules Alone Don’t Establish Existence

Date: Mar 19, 2025

Clear-and-Convincing Proof of Record Existence Is Required in Ohio Public-Records Mandamus; Retention Schedules Alone Don’t Establish Existence I. Introduction In State ex rel. Mobley v. Witt,...

Clarifying the 'Copy of the Ordinance' Requirement for Municipal Income Tax Levy Ballots in Ohio

Date: Mar 14, 2025

Clarifying the 'Copy of the Ordinance' Requirement for Municipal Income Tax Levy Ballots in Ohio I. Introduction The case THE STATE EX REL. CITY OF NEW CARLISLE v. CLARK COUNTY BOARD OF ELECTIONS...

R.C. 718.04(C)(2) “Copy of the Ordinance” Means the Proposed Ordinance Submitted to Voters—City Council Need Not Enact It First

Date: Mar 12, 2025

R.C. 718.04(C)(2) “Copy of the Ordinance” Means the Proposed Ordinance Submitted to Voters—City Council Need Not Enact It First Case: State ex rel. New Carlisle v. Clark Cty. Bd. of Elections,...

Sentencing Clarity Rule: Affirming the Primacy of Unambiguous Sentencing in Habeas Corpus Petitions

Date: Mar 2, 2025

Sentencing Clarity Rule: Affirming the Primacy of Unambiguous Sentencing in Habeas Corpus Petitions Introduction In the recent Supreme Court of Ohio decision, The State ex rel. Mora, Appellant, v....

Mandamus and Proper Public-Records Response: A New Standard for Correctional Officers

Date: Mar 2, 2025

Mandamus and Proper Public-Records Response: A New Standard for Correctional Officers Introduction The Judgment in The State ex rel. Adkins v. Cole et al.; Myers (2025 Ohio 558) presents a noteworthy...