State ex rel. Barr v. Wesson
Citations
- 173 Ohio St. 3d 141
- 227 N.E.3d 1221
- 2023 Ohio 3645
Syllabus
Mandamus—Public-records request—R.C. 149.43—Warden's assistant provided record in response to inmate's public-records request and claimed that other records did not exist—Inmate met burden by clear and convincing evidence that one requested record warden's assistant did not produce existed at one time—Warden's assistant ordered to provide requested record or show cause why record cannot be produced—Limited writ granted.
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a sentencing judge, sitting without a jury, may not make a finding of an aggravating circumstance that is necessary for the imposition of the death penalty
- holding that failure to raise claims in state appellate 5 proceeding barred federal habeas review unless petitioner demonstrated cause and 6 prejudice
- holding failure to raise equal protection claim at trial or on direct appeal proeedurally bars habeas review
- noting that the rule announced in Gideon v. Wainwright , 372 U.S. 335 , 83 S.Ct. 792 , 9 L.Ed.2d 799 (1963
- explaining the framework for determining when rules apply retroactively to final criminal judgments
- \It is admittedly often difficult to determine when a case announces a new rule. ...\
Source: CourtListener parenthetical corpus (CC0).
Judges: Per Curiam
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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