Volume 172 — Ohio State Reports, Third Series

Criminal law—Trial court's sentence of life imprisonment constitutes cruel and unusual punishment under the Eighth and Fourteenth Amendments to the United States Constitution and Article I, Section 9 of the Ohio Constitution—A trial court must separately consider the youth of a juvenile offender as a mitigating factor before imposing a life sentence—Court of appeals' judgment reversed and cause remanded.

Criminal law—Aggravated murder—Appeals—R.C. 2953.08(D)(3)—The portion of the judgment of the court of appeals relating to the constitutionality of R.C. 2953.08(D)(3) is affirmed—Because R.C. 2953.08(D)(3) does not preclude an appellate court from reviewing a constitutional challenge to an aggravated-murder sentence on appeal, the court of appeals erred by declining to review the merits of appellant's constitutional challenges to his aggravated-murder sentence—Court of appeals' judgment affirmed in part and reversed in part and cause remanded to the court of appeals.

Prohibition—General division of common pleas court does not patently and unambiguously lack subject-matter jurisdiction over former spouse's lawsuit to enforce terms of separation agreement incorporated into divorce decree—Court of appeals' judgment denying writ affirmed.

Mandamus—Prohibition—Appellant has not alleged facts showing that trial-court judge directly disobeyed court of appeals' prior mandate or that he is entitled to a writ to compel judge to grant him jury trial—Court of appeals' judgment dismissing petition for failure to state a claim affirmed.

Elections—Mandamus—Writ sought to compel city council president to appoint clerk of council to complete recall-petition process or for board of elections to certify sufficiency of petition signatures—By appointing new clerk of council, council president performed the action relator sought to compel—A writ of mandamus will not issue to compel action that has been performed—Council president had no legal duty to certify number of valid signatures on recall petitions—R.C. 705.92 inapplicable under facts of the case—Writ denied.

Court of appeals' judgment affirmed on the authority of State ex rel. US Bank Trust, Natl. Assn. v. Cuyahoga Cty.

Mandamus—Public-records requests—Records custodian lacked duty to provide records related to inmate's criminal proceedings because inmate failed to provide evidence that sentencing judge in either of criminal cases of which inmate requested records has made findings required by R.C. 149.43(B)(8)—Inmate's request for public information did not ask for a public document—Records custodian failed to respond to inmate's request for internal municipal-court guidelines or policies—Writ granted in part and denied in part and statutory damages awarded.

Mandamus—Public-records requests—Inmate does not dispute public office's representation that it has provided to him all kites he requested—Public office has not demonstrated that inmate made his requests solely with expectation that they would be denied and he could then collect statutory damages—Writ denied as moot, $1,000 in statutory damages awarded, and request for court costs denied.

Habeas corpus—Inmate's arguments waived for failure to raise them in court of appeals—Even if trial court failed to issue final, appealable order, inmate would not be entitled to immediate release from prison—Court of appeals' judgment denying writ affirmed.

Mandamus—Public records—A records custodian bears burden of establishing applicability of an exception to disclosure—Writ granted in part and denied in part.

Mandamus—Public-records requests—Considering totality of factors, nonprofit foundation established to allocate Ohio's share of settlement proceeds of national opioid litigation is functional equivalent of a public office for purposes of Public Records Act—Requester demonstrated by clear and convincing evidence that it has clear legal right of access to requested records and that foundation has clear legal duty to provide access—Writ granted, requests for statutory damages and attorney fees denied, and court costs awarded.

Mandamus—Public-records requests—R.C. 149.43—Requester failed to present clear and convincing evidence establishing existence of a requested record—Requested record was not incorporated into another for purposes of Public Records Act—R.C. 149.43(B) does not require a public office to confirm delivery of a requested record—A public-records custodian may redact from an incident report identity of an uncharged suspect provided requirements of R.C. 149.43(A)(2)(a) are met—Requirements of R.C. 149.43(A)(2)(a) are met when release of record would create high probability of disclosing identity of an uncharged suspect—Public Records Act does not authorize an award of statutory damages merely because a public office cites legal authority with which requester disagrees—Writ and requests for statutory damages, attorney fees, and court costs denied.

Mandamus—Public-records requests—R.C. 149.43—Inmate failed to create a genuine issue of fact as to whether additional records were responsive to his public-records request—Inmate demonstrated by clear and convincing evidence that he has clear legal right of access to requested records and that person responsible for public records has clear legal duty to provide access—Persons responsible for public records failed to meet their obligations with respect to three public-records requests, and inmate entitled to maximum damage award for each request—Writ granted in part and denied in part and $3,000 in statutory damages awarded.

Attorneys—Misconduct—Violation of the Rules of Professional Conduct—Conditionally stayed one-year suspension.

Attorneys—Misconduct—Violations of the Rules of Professional Conduct—Six-month suspension.

On certified entry of felony conviction.

On application for reinstatement.

On certified entry of felony conviction.