State v. Counts

Citations

• 201 N.E.3d 942
• 2022 Ohio 3666

Syllabus

Nonparty discovery order Marsy's Law Ohio Constitution, Article I, Section 10a, Ohio Constitution, Article I, Section 14, victim's rights accused's rights Fourth Amendment, criminal defendant's constitutional rights balancing test abuse of discretion. A trial court has the authority to issue discovery orders to non-parties in a criminal case. When confronted with a criminal defendant's discovery request to inspect a victim's home, the trial court must balance the rights of the victim versus the criminal defendant's rights. The trial court is to consider the victim's Ohio Constitutional right to refuse discovery under Marsy's Law, Ohio Constitution, Article I, Section 10a the victims right to privacy and to be secure in their home pursuant to the Fourth Amendment and Ohio Constitution, Article I, Section 14 against the defendant's request for the inspection, which at a minimum must be a legitimate request to inspect the home that demonstrates a necessity in order to preserve the defendant's rights. In this case, the trial court applied an incorrect standard of law by weighing the de minimis nature of the intrusion of the victims' home against a generalized assertion that the inspection was necessary to preserve defendant's rights. Judgment ordering the inspection of the victims' home is reversed.