State v. Moore, 2011 Ohio 6611

Appellant Moore was indicted for rape by the Stark County Grand Jury.
The indictment alleged rape by holding his wife down and having vaginal intercourse after she said no.
Moore was acquitted by the jury at trial.
Moore moved to seal all official records under R.C. 2953.52, and the trial court overruled without a hearing.
The State conceded error and urged remand to the trial court for proper consideration under the sealing statute.
R.C. 2953.52 governs sealing requests and requires a hearing and balancing of interests before sealing.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Did the trial court err in denying sealing without a hearing?	Moore contends denial without hearing violated R.C. 2953.52(B).	State asserts no implied waiver and that a hearing is required by statute.	Reversed; remanded to conduct proper sealing hearing.

State v. Davis, 175 Ohio App.3d 318 (Ohio Ct. App. 2008) (application to seal records cannot be summarily denied)