Sherrod v. Haller

2017 Ohio 5614, 94 N.E.3d 148
CourtOhio Court of Appeals
DecidedJune 30, 2017
Docket2016-CA-24
StatusPublished
Cited by9 cases

This text of 2017 Ohio 5614 (Sherrod v. Haller) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sherrod v. Haller, 2017 Ohio 5614, 94 N.E.3d 148 (Ohio Ct. App. 2017).

Opinions

TUCKER, J.

{¶ 1} Petitioners-appellants, Tressa Sherrod, individually and as executrix of the Estate of John H. Crawford, III; John Crawford, Jr.; and LeeCee Johnson, next friend of two minors, appeal from the trial court's dismissal of their Petition for Limited Release of Grand Jury Transcript (the "Petition"). Appellants argue that the trial court erred by "improperly bas [ing] its decision wholly on a mere recitation of the general benefits of not disclosing grand jury testimony" and a "speculative, irrelevant belief or hope" that they will eventually be able to obtain essentially the same information described in the Petition through other means. Appellants' Br. 5. Having reviewed the trial court's decision de novo, we conclude that the court did not err by dismissing the Petition, and we therefore affirm.

*150I. Facts and Procedural History

{¶ 2} According to the parties, this case relates to the death of John Crawford, III at a Wal-Mart store in Beavercreek on August 5, 2014. Id. at 2; Appellees' Br. 1. They indicate that Mr. Crawford's death led to an investigation by the Greene County Prosecutor, the convening of a Greene County grand jury, and his family's filing of a lawsuit in the United States District Court for the Southern District of Ohio. Petition ¶ 4-6, 18; Appellants' Br. 2-3; see Appellees' Br. 1. They indicate, as well, that the United States Department of Justice is presently conducting an investigation. Appellants' Br. 4; Appellees' Br. 5.

{¶ 3} In the Petition, filed on February 2, 2016, Appellants allege that two officers with the Beavercreek Police Department were dispatched to the Wal-Mart store in response to a 911 call about "a black male * * * who[m] the caller claimed was pointing an assault rifle at customers," and that after the officers arrived at the store, one of them shot and killed Mr. Crawford. Petition ¶ 1-3. Alleging further that the two officers testified before the Greene County grand jury without invoking their rights under the Fifth Amendment, Appellants requested the release of transcripts of the officers' testimony. Appellants predicated their request on their federal lawsuit, stating that the federal court had stayed the officers' depositions. Petition ¶ 19-23. In response, Appellees filed an answer generally denying Appellants' allegations, along with a motion to dismiss under Civ.R. 12(B)(6) in which they alternatively requested judgment on the pleadings under Civ.R. 12(C).

{¶ 4} The trial court sustained Appellees' motion pursuant to Civ.R. 12(C) and dismissed the Petition in a decision dated July 7, 2016 (the "Decision").1 In the Decision, the court found that Appellants' claimed need for transcripts of the officers' testimony did not justify "an exception to the confidentiality mandate of [Crim.R.] 6." Decision 3-4. The court also noted that the federal "order [staying the officers' depositions] is subject to review and future modification," meaning that an "eventual and highly probable lifting of that order by the judge who imposed it will provide a comprehensive solution to [Appellants'] problem." Id. at 4.

II. Analysis

{¶ 5} For their sole assignment of error, Appellants contend that:

THE TRIAL COURT ERRED AND ABUSED ITS DISCRETION IN GRANTING THE MOTION TO DISMISS A PETITION FOR RELEASE OF GRAND JURY TRANSCRIPT WHEN THE NEED FOR SECRECY, IF ANY, IS FAR OUTWEIGHED BY THE NEED FOR DISCLOSURE FOR A CIVIL LAWSUIT INVOLVING THE SAME WITNESSES.

{¶ 6} Dismissal "under Civ.R. 12(C) 'is appropriate where a court (1) construes the material allegations in the complaint, with all reasonable inferences to be drawn therefrom, in favor of the nonmoving party as true, and (2) finds beyond doubt that the [moving party] could prove no set of facts in support of [its] claim that would entitle [it] to relief.' " State ex rel. Vandenbos v. City of Xenia , 2d Dist. Greene No. 14-CA-14, 2015-Ohio-35, 2015 WL 132530, ¶ 11 (quoting State ex rel. Midwest Pride IV, Inc. v. Pontious , 75 Ohio St.3d 565, 570, 664 N.E.2d 931 (1996) ). Determination " 'of a motion for judgment on the pleadings is restricted *151solely to the allegations in the pleadings and any [attached] writings.' " Civ.R. 10(C) ; Portfolio Recovery Assocs., LLC v. VanLeeuwen , 2d Dist. Montgomery No. 26692, 2016-Ohio-2962, 2016 WL 2840930, ¶ 7 (quoting Offill v. State Farm Fire & Cas. Co. , 2d Dist. Montgomery No. 25079, 2012-Ohio-6225, 2012 WL 6738223, ¶ 14 ). Thus, " ' Civ.R. 12(C) requires a determination that no material factual issues exist and [a finding] that the movant is entitled to judgment as a matter of law.' " Vandenbos at ¶ 11 (quoting Midwest Pride IV , 75 Ohio St.3d at 570, 664 N.E.2d 931 ). A " 'motion for judgment on the pleadings pursuant to Civ.R. 12(C) presents only questions of law, and the [appellate] standard of review is de novo.' " See Portfolio Recovery Assocs. , 2016-Ohio-2962, 2016 WL 2840930, ¶ 5 (quoting Inskeep v. Burton , 2d Dist. Champaign No. 2007 CA 11, 2008-Ohio-1982, 2008 WL 1838343, ¶ 7 ). Because the trial court sustained Appellees' motion under Civ.R. 12(C), we undertake a de novo review of the Decision, which entails a consideration of the merits of the Petition.

{¶ 7} A "court may order disclosure of evidence presented to a grand jury 'only after [it] carefully weighs the need to maintain the secrecy of the grand jury proceedings against [the] petitioner's need for the information and determines that justice can only be done if disclosure is made.' " Wiggins v. Kumpf , 2d Dist. Montgomery No. 26263, 2015-Ohio-201, 2015 WL 302839, ¶ 8 (quoting

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Bluebook (online)
2017 Ohio 5614, 94 N.E.3d 148, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sherrod-v-haller-ohioctapp-2017.