2020 Ohio 336
Ohio2020Background
- Relator Jeffrey Newsome, an inmate, sought a copy of his 2009 sentencing transcript.
- In May–June 2017 Newsome’s nephew attempted to purchase the transcript but was told the digital recording could not be located.
- The trial court issued a December 14, 2017 order stating a transcript exists and is available from Court Reporter Karla Hack upon payment of transcript fees.
- Newsome filed an original action for a writ of mandamus in the Ohio Supreme Court in March 2019; the court issued an alternative writ in June 2019.
- Newsome later learned Hack had retired; he moved to add the Marion County Court Reporter’s Office and the current court reporter as respondents.
- The Supreme Court granted Newsome’s motion to add parties and issued a writ ordering the Marion County Court Reporter’s Office and the current court reporter to inform Newsome of the transcript fee.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does Newsome have a clear legal right to purchase a copy of his sentencing transcript? | Newsome: transcript exists and he may purchase a copy. | No responsive brief filed; trial court found transcript exists. | Yes — transcript exists and Newsome has a clear right to purchase it. |
| Does the court reporter have a clear duty to inform Newsome of the transcript fee and to provide the transcript? | Newsome: court reporter must provide fee and copy per R.C. 2301.23–.24. | No answer; reporter retired and successor not identified initially. | Yes — current reporter must locate the transcript and inform Newsome of the fee. |
| Does Newsome lack an adequate remedy in the ordinary course of the law? | Newsome: trial court order compelled production but appeal is not available to vindicate his right. | Not asserted. | Yes — mandamus appropriate because appeal cannot provide the requested relief. |
| May the court add the reporter’s office and the current reporter as respondents? | Newsome: Hack retired; new reporter/office must be added to effectuate relief. | Not opposed. | Yes — court added the Marion County Court Reporter’s Office and the current court reporter so the writ can be executed. |
Key Cases Cited
- State ex rel. Waters v. Spaeth, 131 Ohio St.3d 55 (Ohio 2012) (three-part mandamus standard: clear right, clear duty, inadequate remedy)
- State ex rel. Slagle v. Rogers, 103 Ohio St.3d 89 (Ohio 2004) (R.C. 149.43 superseded by R.C. 2301.24 for party requests; reporter fees governed by R.C. 2301.24)
- State ex rel. Gabriel v. Youngstown, 75 Ohio St.3d 618 (Ohio 1996) (appeal lies only for parties aggrieved by final order; appeals do not settle abstract questions)
- Ohio Contract Carriers Assn. v. Pub. Util. Comm., 140 Ohio St. 160 (Ohio) (appeals to correct injurious error; appeal limits explained)
