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Inmate Cannot Prove Public Record Request

In the case of State of Ohio ex rel. Ware v. Fankhauser, 2023-Ohio-3939, an appellate court held that the clerk responded to the inmate’s request for public records in a timely manner when the inmate was unable to prove when the clerk received the request.

In this case, the inmate argued that the certified mail was received by the county and the clerk did not respond to the request for public records for a month. In response, the clerk argued that the clerk’s office never received the request and complied with the request within a reasonable time after the motion for a writ was filed. The appellate court agreed with the clerk.

In support of its decision in favor of the clerk, the appellate court explained that the inmate proved that certified mail was sent to the county, but did not show what the mail consisted of. The appellate court further explained that the undated letter that the inmate attached to the inmate’s reply appeared to be altered, which failed to prove the receipt of the letter by clear and convincing evidence.

To read this case, click here.

Authors: Matthew John Markling and the McGown & Markling Team.

Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always-changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.

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