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Judicial Evaluation Required Before Granting Ohio Felons’ Records Requests

Ohio federal prisoner Dennis Evans sought a writ of mandamus in state court to obtain records maintained by the Public Safety Department / Division of Police. The request, made under the Ohio Public Records Act, was denied for procedural inadequacy.
Evans' repeated requests to Judge John A. Connor for the records, which he evidently planned to use in post-conviction proceedings, allegedly never made clear his intent for Connor to evaluate his request, which is required prior to production of records to a felon pursuant to R.C. Code Ann. § 149.43(B)(4). Evans then filed a mandamus action and Connor filed a motion to dismiss for failure to state a claim in which mandamus relief could be granted.

A magistrate judge for the Tenth Appellate District Court of Appeals of Ohio recommended dismissal of the appeal which, for lack of objection, was granted. See: State ex rel. Evans v. Connor, Case No. 05AP 1052 (Ohio App.10 Dist., 2006); 2006 WL 1555862.

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Related legal case

State ex rel. Evans v. Connor