State ex rel. Almazan v. Gilson

Citations

• 2021 Ohio 435

Syllabus

Mandamus, coroner's records, R.C. 313.10(A)(2) coroner's records exceptions, R.C. 149.43(B)(8). The relator's complaint for a writ of mandamus, in order to compel the respondent-coroner to provide coroner's records is denied. Pursuant to R.C. 313.10(A)(2), certain coroner's records are exempt from disclosure: (1) preliminary autopsy and investigative notes and findings made by the coroner or by anyone acting under the coroner's direction or supervision (2) photographs of a decedent made by the coroner or by anyone acting under the coroner's direction or supervision (3) suicide notes (4) medical and psychiatric records provided to the coroner, a deputy coroner, or a representative of the coroner or a deputy coroner under section 313.091 of the Revised Code (5) records of a deceased individual that are confidential law enforcement investigatory records as defined in section 149.43 of the Revised Code and (6) laboratory reports generated from the analysis of physical evidence by the coroner's laboratory that are discoverable under Crim.R. 16. The records requested by the relator fall within the exceptions contained in R.C. 313.10(A)(2). In addition, the relator has failed to comply with R.C. 149.43(B)(8) which provides that a public office or person responsible for public records is not required to permit a person who is incarcerated pursuant to a criminal conviction or a juvenile adjudication to inspect or to obtain a copy of any public record concerning a criminal investigation or prosecution or concerning what would be a criminal investigation or prosecution if the subject of the investigation or prosecution were an adult, unless the request to inspect or to obtain a copy of the record is for the purpose of acquiring information that is subject to release as a public record under this section and the judge who imposed the sentence or made the adjudication with respect to the person, or the judge's successor in office, finds that the information sought in the public