State v. Jackson, 2013 Ohio 3650

Jackson charged with multiple violent offenses after a March 19, 2010 homicide; Monturo conducted ballistic analyses and a key video deposition was scheduled but not played at first trial.
State sought continuance due to unavailable key witness Horn and obtained a material witness warrant; trial reset to Sept. 20, 2010.
Deposition of Monturo was taken in court on Sept. 7, 2010, while trial court presided; defense counsel received a CD of the deposition.
First trial ended in mistrial after a witness revealed a lie-detector test; Monturo deposition not played.
December 2010 trial with Monturo testifying in person; deposition not used; Jackson convicted on all counts; direct appeal affirmed in 2012.
In Oct. 2012, Jackson sought public-expense transcript of Monturo deposition arguing Brady and actual innocence; trial court denied.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the State violated Brady by withholding deposition material	Jackson argues Brady material was withheld	State contends no proper Brady issue on direct appeal/post-conviction; motion not proper vehicle	Barred; Brady claim not properly before the court
Whether Jackson was entitled to a free transcript of Monturo’s deposition on direct appeal	Jackson seeks transcript at State’s expense for justiciable claim	No pending post-conviction or direct appeal at time of motion; no justiciable claim	Denied; no right to transcript at this stage

State v. Lofton, 2006-Ohio-4651 (2d Dist. Montgomery No. 20923, 2006-Ohio-4651) (public-records exception not satisfied without justiciable claim)
State v. Reynolds, 2004-Ohio-2954 (2d Dist. Montgomery No. 19964, 2004-Ohio-2954) (limits on public-records relief for incarcerated defendants)
State ex rel. Murr v. Thierry, 1987-Ohio St.3d 45 (Supreme Court) (indigent defendant right to trial records shown on direct appeal/post-conviction)
State v. Bellamy, 2009-Ohio-888 (2d Dist. Ohio) (post-conviction context for challenges to conviction)