Legal Opinion

State ex rel. Cincinnati Post v. Schweikert

Ohio Supreme Court

Decided August 15, 1988No. 87-562PublishedCited by 61 opinions

1Opinion of the CourtH. Brown, J.

The issue we must decide is whether a report compiled by a court administrator from information contained in public records for the use of judges in sentencing and for consideration of prison population problems is a public record. We find that it is.

It is settled that relator, to secure a writ of mandamus, must demonstrate (1) a clear legal right to the relief prayed for; (2) respondents are under a clear duty to perform the acts; and (3) relator has no plain and adequate remedy in the ordinary course of law.

I

The records being sought are compilations, “work product” as the appellate court…

2Cases cited11 opinions

  1. Environmental Protection Agency v. MinkSupreme Court of the United States · 1973
  2. Bristol-Myers Company v. Federal Trade CommissionCourt of Appeals for the D.C. Circuit · 1970
  3. State ex rel. National Broadcasting Co. v. City of ClevelandOhio Supreme Court · 1988
  4. Wachendorf v. ShaverOhio Supreme Court · 1948
  5. State ex rel. Mothers Against Drunk Drivers v. GosserOhio Supreme Court · 1985

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3Cited by61 opinions

  1. Hurt v. Liberty Twp.Ohio Court of Appeals · 2017
  2. State ex rel. Warren Newspapers, Inc. v. HutsonOhio Supreme Court · 1994
  3. State ex rel. Calvary v. City of Upper ArlingtonOhio Supreme Court · 2000
  4. Kish v. City of AkronOhio Supreme Court · 2006
  5. State Ex Rel. Data Trace Information Services, L.L.C. v. Cuyahoga County Fiscal OfficerOhio Supreme Court · 2012

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