Legal Opinion · Dissent

City of Akron v. Frazier

Ohio Court of Appeals

Decided May 9, 2001No. C.A. No. 20246Published

1DissentSlaby, Judge

I respectfully dissent. The majority holds that R.C. 2953.53(D)(1) mandates that a trial court unseal a defendant’s sealed record, simply because the defendant requests it to do so. However, the unambiguous language of R.C. 2953.53(D)(1) gives the court the discretion to determine whether sealed records may be unsealed upon such a request. Therefore, because the trial court did not abuse its discretion when it denied appellants’ motion to unseal the records, I would affirm the decision of the lower court.

The trial court’s decision to unseal an official record is a matter of judicial…

2Cases cited5 opinions

  1. Pons v. Ohio State Medical BoardOhio Supreme Court · 1993
  2. Dorrian v. Scioto Conservancy DistrictOhio Supreme Court · 1971
  3. Board of Education v. Fulton County Budget CommissionOhio Supreme Court · 1975
  4. Wells v. Spirit Fabricating, Ltd.Ohio Court of Appeals · 1996
  5. State v. RoweOhio Court of Appeals · 1997

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