In the case of Viola v. Cuyahoga Cty. Prosecutor’s Office, 3032-Ohio-397, the court held that inspection of a prosecutor’s personal email was not required where the requester failed to show clear and convincing evidence that the prosecutor’s email contained public records.
The requester believe that he was denied access to public records in violation of R.C. 149.43(B), because a prosecutor used a personal email account to message a government witness and failed to turn over these personal emails.
However, the court disagreed with the requester, holding that the requester failed to provide clear and convincing evidence that the prosecutor’s personal emails were public records and based on the lack of evidence, there was no reason to believe otherwise.
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.