Court of Appeals of Ohio, Second District, Montgomery
from the Montgomery County Court of Common Pleas, case no.
Plaintiff-Appellee: MATHIAS H. HECK, JR. PROSECUTING ATTORNEY
ANDREW T. FRENCH
Defendant-Appellant: MICHAEL D. MCCAIN, PRO SE.
John W. Wise, P.J. Hon. Patricia A. Delaney, J. Hon. Craig R.
Baldwin, J. (Visiting Judges Sitting by Supreme Court
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.
AND PROCEDURAL HISTORY
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.
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
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].
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, ...