State v. Seal, 2014 Ohio 4168

Seal, an inmate, appeals from the Highland County Common Pleas Court's denial of a motion for exculpatory evidence seeking a 911 recording for post-conviction use.
On December 3, 2012, Seal was convicted of illegal manufacture of drugs near a juvenile, illegal assembly/possession of chemicals near a juvenile, and endangering children; he was sentenced to 14 years.
In April 2013, while direct appeal was pending, Seal argued the 911 recording was needed to prove an unlawful search at the property where he stayed.
The trial court denied the motion on April 17, 2013, stating the 911 tape, if it exists, is a public record available via public records laws.
R.C. 149.43(B)(8) requires a finding that the record is necessary to support a justiciable claim; no pending justiciable proceeding was identified.
Seal's claim was barred by res judicata because he could have raised the issue at trial or on direct appeal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court abused its discretion denying exculpatory evidence	Seal	State	No abuse; motion properly denied

State ex rel. Russell v. Thornton, 111 Ohio St.3d 409 (Ohio 2006) (public-records access restricted for inmates; requires justiciable-claim finding)
State ex rel. Fernbach v. Brush, 133 Ohio St.3d 151 (Ohio 2012) (requires finding that information is necessary to support a justiciable claim)
State v. Wilson, 2011-Ohio-4195 (Ohio 2011) (abuse-of-discretion review for public-records requests by inmates)
State v. Rodriguez, 2014-Ohio-2583 (Ohio 2014) (materiality of records to a pending proceeding; justiciable claim requirement)
State v. Reid, 2012-Ohio-1659 (Ohio 2012) (res judicata bars claims that could have been raised earlier)
State v. Atakpu, 2013-Ohio-4392 (Ohio 2013) (no public-records relief where no pending proceeding is identified)
State v. Perry, 10 Ohio St.2d 175 (Ohio 1967) (final conviction bars other due-process claims not raised on appeal)