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State v. McCain

Court of Appeals of Ohio, Second District, Montgomery

June 22, 2018

STATE OF OHIO Plaintiff-Appellee
v.
MICHAEL D. MCCAIN Defendant-Appellant

          Appeal from the Montgomery County Court of Common Pleas, case no. 04-CR-1865

          For Plaintiff-Appellee: MATHIAS H. HECK, JR. PROSECUTING ATTORNEY ANDREW T. FRENCH

          For Defendant-Appellant: MICHAEL D. MCCAIN, PRO SE.

          Hon. John W. Wise, P.J. Hon. Patricia A. Delaney, J. Hon. Craig R. Baldwin, J. (Visiting Judges Sitting by Supreme Court Assignment)

          OPINION

          Delaney, J.

         {¶1} Appellant Michael D. McCain appeals from the March 15, 2017 "Decision, Order and Entry Overruling Request for Records" of the Montgomery County Court of Common Pleas. Appellee is the state of Ohio.

         FACTS AND PROCEDURAL HISTORY

         {¶2} A statement of the facts underlying appellant's criminal convictions is not necessary for our resolution of this appeal. This matter has a lengthy procedural history.

         {¶3} This case arose in 2004 when appellant entered pleas of guilty to felony murder and aggravated robbery, and was sentenced to an aggregate prison term of 15 years to life. Appellant did not appeal directly from his convictions and sentence.

         {¶4} In 2013, appellant began filing a number of post-conviction motions, all of which were overruled, and the decisions of the trial court were affirmed in subsequent appeals. See, State v. McCain, 2nd Dist. Montgomery No. 26020, 2014-Ohio-2819');">2014-Ohio-2819 [McCain I, untimely petition for post conviction relief]; State v. McCain, 2nd Dist. Montgomery No. 26356, 2015-Ohio-449, motion for delayed appeal denied, 143 Ohio St.3d 1415, 2015-Ohio-2911, 34 N.E.3d 929 [McCain II, withdrawal of guilty pleas on basis of alleged "judicial bias" and improper warning re post release control]; State v. McCain, 2nd Dist. Montgomery No.27195, 2017-Ohio-7518, appeal not allowed, 151 Ohio St.3d 1514, 2018-Ohio-365, 90 N.E.3d 952');">90 N.E.3d 952 [McCain III, 2016 motions to withdraw pleas and petition for post conviction relief].

         {¶5} On February 27, 2017, appellant filed an "Official request from Michael D. McCain Sr., for the Public Records and Court Documents in the archives or records specialist office for good reason given" (sic throughout). Appellant argued, e.g., he needed the records for the pending appeal in McCain III. The trial court overruled appellant's request on March 15, 2017, finding:

** * *.
It appears from the record that Defendant seeks certain records for purposes of his pending appeal in [McCain III]. The record in [McCain III] was certified by the Clerk of Courts on November 9, 2016. As such, the court finds that matters relating to the record are the subject of the Appellate Court's jurisdiction, ...

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