Ohio Supreme Court, 2012

State ex rel. Fernbach v. Brush

Ohio Supreme Court · Decided September 20, 2012 · O'Connor, Pfeifer, Stratton, O'Donnell, Lanzinger, Cupp, Brown

2012 Ohio 4214; 133 Ohio St. 3d 151; 976 N.E.2d 889

Cases that cite this one

20 later published cases cite this decision.

State v. Jones (Ohio Ct. App. 2025)
State ex rel. Adkins v. Cantrell (Ohio 2023)
State v. Heid (Ohio Ct. App. 2022)
State ex rel. Ellis v. Cleveland Police Forensic Laboratory (Slip Opinion) (Ohio 2021)
State ex rel. Parker Bey v. Byrd (Slip Opinion) (Ohio 2020)
State ex rel. Ware v. Giavasis (Slip Opinion) (Ohio 2020)
State ex rel. Summers v. Fox (Slip Opinion) (Ohio 2020)
State ex rel. Wright v. Lake Cty. Clerk of Courts (Ohio Ct. App. 2019)
State ex rel. Husband v. Shanahan (Slip Opinion) (Ohio 2019)
State v. Warren (Ohio Ct. App. 2019)
State v. Askew (Ohio Ct. App. 2017)
State v. Seal (Ohio Ct. App. 2014)
State v. Hill (Ohio Ct. App. 2023)
State ex rel. Bozsik v. Medina Cty. Sheriff Office (Ohio Ct. App. 2019)
Staats v. Ferrero (Ohio Ct. App. 2016)
State v. Wofford (Ohio Ct. App. 2016)
State v. Cope (Ohio Ct. App. 2015)
State ex rel. Papa v. Starkey (Ohio Ct. App. 2014)
State v. Rodriguez (Ohio Ct. App. 2014)
State ex rel. Mack v. Richland Cty. Sheriff's Office (Ohio 2024)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

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 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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.