The State Ex Rel. Cincinnati Enquirer v. Lyons, Judge
140 Ohio St. 3d 7
| Ohio | 2014Background
- Two Cincinnati Enquirer original actions were consolidated: case No. 2012-1924 seeks mandamus to vacate a sealing order in John Doe’s minor-misdemeanor case; case No. 2013-0300 seeks mandamus to compel production of records and prohibition to stop Lyons from enforcing sealing orders.
- Doe pled guilty to a minor misdemeanor (disorderly conduct) after distributing a flier at Miami University; the court initially sealed the record.
- The sealing order referenced R.C. 2953.52 (nonconviction sealing) rather than R.C. 2953.32 (conviction sealing).
- Lyons later unsealed the record, allowed Doe to withdraw the plea, the state dismissed the charge, and purportedly resealed the record under 2953.52, citing a balancing of interests.
- Enquirer contends the initial sealing was unlawful and that the second sealing had improper timing; the court’s decisions raise questions about proper statutes, timing, and public access.
- The court grants the writ in 2012-1924 but denies the writs in 2013-0300, and remands for further proceedings consistent with the analysis.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Lyons’s sealing of the Doe record under the wrong statute invalidates the order. | Enquirer argues improper statute and immediate sealing. | Lyons contends discretion and balance of interests authorize sealing. | Yes, the improper statute and procedures undermine the sealing order. |
| Whether the Enquirer established a clear legal right to access the sealed records in 2013-0300. | Enquirer seeks access to records sealed under 2953.52. | Records presumed sealed if properly sealed; burden on Enquirer not met. | No clear legal right to access; records presumed properly sealed. |
Key Cases Cited
- State ex rel. Cincinnati Enquirer v. Winkler, 101 Ohio St.3d 382 (2004-Ohio-1581) (upholding timing of sealing procedures under R.C. 2953.52)
- State ex rel. Striker v. Smith, 129 Ohio St.3d 168 (2011-Ohio-2878) (public access to court records; Sup.R. 44–47 framework)
- State v. Collins, 67 Ohio St.3d 115 (1993) (distinguishes minor misdemeanors for purpose of eligibility and waiting periods)
- State v. Golphin, 81 Ohio St.3d 543 (1998) (interpretation of mandatory terms in statutes (shall))
- State v. Futrall, 123 Ohio St.3d 498 (2009-Ohio-5590) (identifies application of strict reading of statute language)