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STATE EX REL. SHANE v. NEW PHILADELPHIA POLICE DEPT.

No. 90-184.

56 Ohio St. 3d 36 (1990)

THE STATE, EX REL. SHANE, APPELLANT, v. NEW PHILADELPHIA POLICE DEPARTMENT, APPELLEE.

Supreme Court of Ohio.

Decided December 12, 1990.

Attorney(s) appearing for the Case

Gerald A. Latanich, county public defender, for appellant.

Ronald L. Collins, prosecuting attorney, for appellee.

Per Curiam.

We hold today that a criminal defendant may not obtain a writ of mandamus under R.C. 149.43 to secure public records when he may litigate his right to obtain these records in his criminal case. Hence, we conclude the court of appeals correctly denied Shane's complaint for a writ of mandamus.

In State, ex rel. Scanlon, v. Deters (1989), 45 Ohio St.3d 376, 544 N.E.2d 680, paragraph...

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