State ex rel. Fernbach v. Brush
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[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State ex rel. Fernbach v. Brush, Slip Opinion No. 2012-Ohio-4214.] NOTICE This slip opinion is subject to formal revision before it is published in an advance sheet of the Ohio Official Reports. Readers are requested to promptly notify the Reporter of Decisions, Supreme Court of Ohio, 65 South Front Street, Columbus, Ohio 43215, of any typographical or other formal errors in the opinion, in order that corrections may be made before the opinion is published. SLIP OPINION NO. 2012-OHIO-4214 THE STATE EX REL. FERNBACH, APPELLANT, v. BRUSH, CLERK, APPELLEE. [Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State ex rel. Fernbach v. Brush, Slip Opinion No. 2012-Ohio-4214.] Appeal of denial of writ of mandamus Judgment affirmed. (No. 2012-0105 Submitted September 12, 2012 Decided September 20, 2012.) APPEAL from the Court of Appeals for Montgomery County, No. 24713. _____________________ Per Curiam. {¶ 1} We affirm the judgment of the court of appeals denying the request of appellant, Richard Fernbach, for a writ of mandamus to compel appellee, Montgomery County Clerk of Courts Gregory A. Brush, to turn over certain records to him under R.C. 149.43, the Public Records Act. {¶ 2} R.C. 149.43(B)(8) requires an incarcerated criminal offender who seeks records relating to an inmate s criminal prosecution to obtain a finding by the sentencing judge or the judge s successor that the requested information is necessary to support what appears to be a justiciable claim. State ex rel. Chatfield SUPREME COURT OF OHIO v. Flautt, 131 Ohio St.3d 383, 2012-Ohio-1294, 965 N.E.2d 304. Fernbach did not obtain such a finding. {¶ 3} Insofar as Fernbach claims on appeal that R.C. 149.43(B)(8) is unconstitutional, he waived this claim by failing to raise it below. State ex rel. Boyd v. Ward, 132 Ohio St.3d 90, 2012-Ohio-2359, 969 N.E.2d 263, ¶ 3. Judgment affirmed. O CONNOR, C.J., and PFEIFER, LUNDBERG STRATTON, O DONNELL, LANZINGER, CUPP, and MCGEE BROWN, JJ., concur. __________________ Richard Fernbach, pro se. _____________________ 2
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