State ex rel. Flagner v. Arko

Flagner asserts that the court of appeals erred in denying the writ of mandamus. For the following reasons, however, we find Flagner’s assertion meritless and affirm the judgment of the court of appeals.

Initially, Detective Arko had no duty under Crim.R. 16 to provide the request- • ed evidence. Crim.R. 16(B) requires the prosecuting attorney, not a police detective, to provide certain evidence in criminal discovery. Crim.R. 16(D) imposes a continuing duty to disclose on the state “prior to or during trial.” It had been over ten years after the conclusion of Flagner’s trial when he sought…