[Cite as State v. Miller , 2020-Ohio-5383.]

IN THE COURT OF APPEALS

ELEVENTH APPELLATE DISTRICT LAKE COUNTY, OHIO

STATE OF OHIO, : MEMORANDUM OPINION Plaintiff-Appellee, : CASE NO. 2020-L-019 - vs - : OTIS S. MILLER, : Defendant-Appellant. :

Criminal Appeal from the Lake County Court of Common Pleas, Cas e No. 2017 CR 001304.

Jud g ment: Appeal dismissed.

Charles E. Coulson, Lake County Prosecutor, and Karen A. Sheppert, Assistant Prosecutor, Lake County Administration Building, 105 Main Stree t, P.O. Box 490, Painesville, OH 44077 ( For Plaintiff-Appellee )

. Otis S. Miller, pro se, PID: A754-280, Richland Correctional Institution, 1001 Olivesbur g Road, P.O. Box 8107, Mansfield, OH 44905 ( Defendan t -Appellant )

.

CYNTHIA WESTCOTT RICE, J. {¶1} Appellant, Otis S. Miller, appeals from the judgment of the Lak e County Court of Common Pleas denying his post-conviction “motion to un seal the search warrants and search warrant affidavits making them part of the record.” We dismiss the appeal. {¶2} The underlying prosecution arose from a lengthy investigation b y the Lake County Narcotics Agency (“LCNA”) which culminated in one of the largest drug arrests2 in the county’s recent history. On November 14, 2017, LCNA con ducted a controlled drug buy from appellant. During the buy, appellant sold a confi dential informant an ounce of methamphetamine in exchange for $900. Agents subsequen tly secured a search warrant for appellant's residence. The search resulted i n the seizure of cocaine, methamphetamine, marijuana, alprazolam, methadone, as well as f irearms and

ammunition. {¶3} Appellant was indicted on a total of 14 charges, 12 of which we re felonies. All counts included forfeiture specifications and seven include d major drug offender specifications. Appellant originally pleaded not guilty but wit hdrew the plea and entered pleas of guilty to one count of trafficking in cocaine, a felon y of the first degree and one count of aggravated trafficking in drugs, a felony of the secon d degree. After holding a hearing, appellant was sentenced to 10 years on the trafficking in cocaine charge and two years on the aggravated trafficking in drugs charge. The tr ial court ordered the sentences to be served consecutively for an aggregate prison te rm of 12 years. {¶4} Appellant appealed to this court challenging his sentence. In State v. Miller, 11th Dist. Lake No. 2018-L-133, 2019-Ohio-2290, this court affi rmed the trial court’s sentence. Appellant ultimately filed a post-conviction petition and an amended post-conviction petition. In purported aid of his post-convict ion petition, appellant

moved the court to unseal the search warrants and search warran t affidavits. The trial court denied this motion and the post-conviction petition remai ns pending. Appellant now appeals and assigns the following as error: {¶5} “The trial court abused its discretion and authority when it de nied appellant’s motion to unseal the search warrants and search war rant affidavits making them a part of the record.”3 {¶6} Appellant concedes the underlying motion to unseal the search w arrants and affidavits was filed to help him supplement argumentation i n his post-conviction relief petition. In light of this point, we conclude the judgm ent denying that motion is not a final, appealable order. R.C. 2505.02(B) provides, in releva nt part: {¶7} An order is a final order that may be reviewed, affirmed, modif ied, or reversed, with or without retrial, when it is one of the follow ing: {¶8} (1) An order that affects a substantial right in an action that in effect determines the action and prevents a judgment; {¶9} (2) An order that affects a substantial right made in a special proceeding or upon a summary application in an action after judgment; {¶10} * * * {¶11} (4) An order that grants or denies a provisional remedy and to which both of the following apply: {¶12} (a) The order in effect determines the action with respect to t he provisional remedy and prevents a judgment in the action in favor of the ap pealing party with respect to the provisional remedy. {¶13} (b) The appealing party would not be afforded a meaningful or e ffective remedy by an appeal following final judgment as to all proceedi ngs, issues, claims, and parties in the action. {¶14} R.C. 2505.02(A)(1) defines “substantial right” as “a right tha t the United States Constitution, the Ohio Constitution, a statute, the comm on law, or a rule of procedure entitles a person to enforce or protect.” An order a ffects a substantial right “only if an immediate appeal is necessary t o protect the right effectively.” Wilhelm-Kissinger v. Kissinger , 129 Ohio St.3d 90, 2011-Ohio-2317, ¶7.4 {¶15} We recognize that persons generally have a right under the Warr ant Clause of the Fourth Amendment to inspect and copy the affidavi t upon which a search warrant issued, but the right is not absolute. State v. Lawson, 11th Dist. Lake No. 2001-L-071, 2002-Ohio-5605, ¶22 citing In re Search Warrant for 2934 Anderson Morris Rd. Niles, Ohio 44406, 48 F.Supp.2d 1082, 1083 (N.D.Ohio 1999) and In re Search Warrants Issued August 29, 1995, 889 F.Supp. 296, 301, on reconsideration (S.D.Ohio 1995). Appellant does not make a specific argument as to why unsealing the warrants would aid his post-conviction proceeding. We decl ine to presume that review of the judgment is immediately necessary to protect the arguable right he seeks to vindicate. Accordingly, even if appellant has a “substantia l right” to have the record supplemented with the warrant(s) and/or or affidavit(s), the ju dgment denying the

motion at issue does not affect that right. R.C. 2505.02(B)(1) and (2) are inapplicable. {¶16} Similarly, even if the judgment denied a provisional remedy, ap pellant would be afforded meaningful review from an appeal following fi nal disposition of his petition for post-conviction relief. As such, the judgment is not final and appealable via R.C. 2505.02(B)(4). {¶17} For the reasons discussed, the judgment at issue is not a final , appealable order, and this appeal must be dismissed.

MATT LYNCH, J., MARY JANE TRAPP, J.,

concur.