State ex rel. Clay v. Cuyahoga Cty. Med. Examiner's Office (Slip Opinion)

2017 Ohio 8714, 94 N.E.3d 498, 152 Ohio St. 3d 163
CourtOhio Supreme Court
DecidedNovember 30, 2017
Docket2016-0387
StatusPublished
Cited by60 cases

This text of 2017 Ohio 8714 (State ex rel. Clay v. Cuyahoga Cty. Med. Examiner's Office (Slip Opinion)) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State ex rel. Clay v. Cuyahoga Cty. Med. Examiner's Office (Slip Opinion), 2017 Ohio 8714, 94 N.E.3d 498, 152 Ohio St. 3d 163 (Ohio 2017).

Opinion

Kennedy, J.

*163 {¶ 1} Respondent-appellant, Cuyahoga County Medical Examiner's Office ("the ME"), appeals the judgment of the Eighth District Court of Appeals granting a writ of mandamus to compel the release of autopsy records to relator-appellee, Michael Clay, under R.C. 313.10(C)(1). The ME had argued that when R.C. 313.10 is read in pari materia with R.C. 149.43, the Public Records Act, it is clear that the ME had no duty to provide the records to Clay. The court of appeals denied the ME's motion for summary judgment and granted judgment as a matter in favor of Clay on the basis that the in pari materia rule of statutory construction is not applicable because R.C. 313.10 and 149.43 do not relate to the same subject matter. 2016-Ohio-407 , 58 N.E.3d 552 , ¶ 8.

{¶ 2} "Where the language of a statute is plain and unambiguous * * * there is no occasion for resorting to rules of statutory interpretation. An unambiguous statute is applied, not interpreted." Sears v. Weimer , 143 Ohio St. 312 , 55 N.E.2d 413 (1944), paragraph five of the syllabus. Because the language of R.C. 313.10(C)(1) is plain and unambiguous, we apply the plain terms of the statute. Therefore, we affirm the judgment of the court of appeals, albeit on different grounds.

I. Case Background

{¶ 3} On August 28, 2006, Clay's eight-month-old daughter, M.C., died as a result of blunt-force impacts to her head. State v. Clay , 9th Dist. Summit No. 23889, 2008-Ohio-2158 , 2008 WL 1961209 , ¶ 2. Clay was convicted of murder, *164 felonious assault, and child endangering in connection with her death and sentenced to 15 years to life in prison. Id. at ¶ 7.

{¶ 4} On April 15, 2015, while imprisoned, Clay sent a letter addressed to the ME, requesting all copies of x-rays, autopsy photos, the death certificate, and written doctors' reports pertaining to his deceased daughter. In support, Clay cited R.C. 149.43 and 313.10. In response, the ME provided some documents but not the ones that Clay had requested. The ME also advised that the death certificate could be acquired through "Cleveland City Hall" and that the other records were not available without a subpoena. On April 24, 2015, Clay sent a second request to the ME. The ME did not provide any further records.

{¶ 5} Consequently, Clay filed an original action in the Eighth District Court of Appeals seeking a writ of mandamus to compel the ME to provide him the requested records, but, unlike his request by letter, the complaint relied solely upon R.C. 313.10(C). In response, the ME filed a motion to dismiss and/or for summary judgment.

*501 {¶ 6} On February 3, 2016, the court of appeals denied the ME's summary-judgment motion and issued a writ of mandamus compelling the ME to provide the complete autopsy file to Clay within a reasonable period of time. 2016-Ohio-407 , 58 N.E.3d 552 , at ¶ 9. The ME timely appealed and asserts two propositions of law. The first states:

R.C. 149.43 and R.C. 313.10 relate to the same general subject, access to coroners' records, and must be construed in pari materia.

The second states:

A coroner's office is not required to permit a person who is incarcerated pursuant to a criminal conviction to inspect or to obtain a copy of records concerning a death investigation if the person requesting the record is incarcerated for causing the death of the person who is the subject of the record unless the incarcerated person has complied with R.C. 149.43(B)(8), regardless of whether the incarcerated person is the next-of-kin of the decedent.

{¶ 7} In response to the ME's propositions of law, Clay argues that his complaint for a writ of mandamus was solely based on R.C. 313.10. Relying on the language of R.C. 313.10(C)(1), Clay argues that he has a clear legal right to-and the ME has a clear legal duty to provide him with-a copy of the complete autopsy file.

*165 {¶ 8} Writing in support of the ME, amicus curiae, Ohio State Coroners Association, argues that public policy weighs against the release of autopsy files to next-of-kin convicted murderers and that therefore, the court of appeals' judgment that failed to harmonize R.C. 313.10 and 149.43 must be reversed.

II. Standard of Review

{¶ 9} The court of appeals denied the ME's motion for summary judgment and granted judgment as a matter of law in favor of Clay. 2016-Ohio-407 , 58 N.E.3d 552 , at ¶ 9. When a party moves for summary judgment and the nonmovant has had an opportunity to respond, a court-after consideration of the relevant evidence-may enter judgment against the moving party even though the nonmovant did not file its own motion for summary judgment. State ex rel. Anderson v. Vermilion , 134 Ohio St.3d 120 , 2012-Ohio-5320 , 980 N.E.2d 975 , ¶ 8, citing Todd Dev. Co., Inc. v. Morgan , 116 Ohio St.3d 461 , 2008-Ohio-87 , 880 N.E.2d 88 , ¶ 17. We review that determination de novo. Id. at ¶ 9, citing Troyer v. Janis , 132 Ohio St.3d 229

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State ex rel. Back v. State Teachers Retirement Bd.
2025 Ohio 5644 (Ohio Court of Appeals, 2025)
Cleveland v. 8009 Lake, L.L.C.
2025 Ohio 2775 (Ohio Court of Appeals, 2025)
Columbus v. State
2025 Ohio 2408 (Ohio Court of Appeals, 2025)
Castner v. Jefferson Cty.
2025 Ohio 1309 (Ohio Court of Appeals, 2025)
State ex rel. Cincinnati v. Indus. Comm.
2024 Ohio 5010 (Ohio Court of Appeals, 2024)
State v. Wallace
2024 Ohio 4955 (Ohio Court of Appeals, 2024)
Hernandez v. Hamdy
2024 Ohio 4754 (Ohio Court of Appeals, 2024)
State v. Church-Green
2024 Ohio 1996 (Ohio Court of Appeals, 2024)
State ex rel. Steen v. Bishop
2024 Ohio 1489 (Ohio Court of Appeals, 2024)
David Rentals, L.L.C. v. Virginia Woods, L.L.C.
2024 Ohio 1446 (Ohio Court of Appeals, 2024)
State v. Thomas
2024 Ohio 1361 (Ohio Court of Appeals, 2024)
State ex rel. Feagin v. May
2024 Ohio 1357 (Ohio Court of Appeals, 2024)
Clay v. Galita
2024 Ohio 833 (Ohio Court of Appeals, 2024)
In re Sanders
2024 Ohio 717 (Ohio Court of Appeals, 2024)
State v. Sears
2023 Ohio 1925 (Ohio Court of Appeals, 2023)
Diller v. Diller
2023 Ohio 1508 (Ohio Supreme Court, 2023)
State v. Latapie
2023 Ohio 1505 (Ohio Court of Appeals, 2023)
Pike v. Wilson
2023 Ohio 814 (Ohio Court of Appeals, 2023)
State v. Dickey
2023 Ohio 705 (Ohio Court of Appeals, 2023)

Cite This Page — Counsel Stack

Bluebook (online)
2017 Ohio 8714, 94 N.E.3d 498, 152 Ohio St. 3d 163, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-clay-v-cuyahoga-cty-med-examiners-office-slip-opinion-ohio-2017.