State v. Reid, 2012 Ohio 1659

In 2002 a jury convicted Reid of murder of Cedron Brown and he was sentenced in January 2003 to 18 years to life.
The conviction was affirmed on direct appeal, and Reid has since filed numerous post-conviction motions and appeals.
As an inmate at Marion Correctional Institute, Reid sought records under R.C. 149.43(B)(8) he claims are necessary to support a justiciable claim.
The trial court on May 4, 2011 denied the request, concluding Reid lacked a justiciable claim due to res judicata and that the records would not aid a defense.
On appeal, Reid challenges the trial court’s ruling, asserting issues including 911-tape disclosures and impounded-vehicle records.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the court abused discretion denying a justiciable-finding, given the State’s admitted possession of 911 tapes.	Reid	Reid claims records are necessary for a justiciable claim; the State admitted possession of 911 tapes not disclosed.	No abuse; res judicata and lack of necessity foreclose justiciable finding.
Whether the trial court abused discretion by denying a justiciable-finding based on alleged ex parte communications.	Reid	The court incorporated the State’s memorandum; no ex parte communication.	No abuse; court could rely on a memorandum from a party.
Whether records about a vehicle impounded by Dayton Police are necessary to support a justiciable claim.	Reid	Vehicle-impound records could support a claim; not shown to aid defense.	No abuse; records not shown to be necessary for a justiciable claim.

State ex rel. Russell v. Bican, 112 Ohio St.3d 559 (2007-Ohio-813) (establishes threshold for when records may be released)
State v. Perry, 10 Ohio St.2d 175 (1967) (res judicata grounds for finality of convictions)
State v. Davis, 131 Ohio St.3d 1 (2011-Ohio-5028) (newly discovered evidence exception not applicable here)
State v. Roberts, 110 Ohio St.3d 71 (2006-Ohio-3665) (determines permissible use of party’s memorandum by court)