State ex rel. Johnson v. Slaby, 621 N.E.2d 402 (Ohio 1993). · Go Syfert
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State ex rel. Johnson v. Slaby, 621 N.E.2d 402 (Ohio 1993). Cases Citing This Book View Copy Cite
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[The State ex rel.] Johnson
v.
Slaby, Pros. Atty.
No. 93-1048.
Ohio Supreme Court.
Nov 10, 1993.
621 N.E.2d 402
Kenneth Johnson, pro se. , Lynn C. Slaby, Summit County Prosecuting Attorney, and Philip D. Bogdanoff, Assistant Prosecuting Attorney, for appellee.
Douglas, Moyer, Pfeifer, Resnick, Sweeney, Wright.
Published

Lead Opinion

Per Curiam.

The decision of the court of appeals is affirmed based on Nelson and Fenley, supra.

Judgment affirmed.

Moyer, C.J., A.W. Sweeney, Douglas, Wright, Resnick and F.E. Sweeney, JJ., concur. Pfeifer, J., dissents.

Dissent

Pfeifer, J.,

dissenting. Johnson never sought to require the prosecutor to mail him the photographs in question. He only sought to have copies of the photographs be made available to his agent. Thus, the majority’s reliance on State ex rel. Nelson v. Fuerst (1993), 66 Ohio St.3d 47, 607 N.E.2d 836, and State ex rel. Fenley v. Ohio Historical Soc. (1992), 64 Ohio St.3d 509, 597 N.E.2d 120, which concern the duty to mail public records, is misplaced.

[*573] The real issue is whether Johnson should have access to the photographs. For the reasons stated in my dissent in State ex. rel. Lawhorn v. White (1993), 67 Ohio St.3d 158, 159, 616 N.E.2d 888, 889, 1 would require the prosecutor to make available to Johnson copies of all the requested photographs.