[Cite as State v. McCain, 2018-Ohio-2425.]

COURT OF APPEALS 

MONTGOMERY COUNTY, OHIO 

SECOND APPELLATE DISTRICT 

STATE OF OHIO : JUDGES: 

 : 

 : Hon. John W. Wise, P.J. 

 Plaintiff-Appellee : Hon. Patricia A. Delaney, J. 

 : Hon. Craig R. Baldwin, J. 

-vs- : (Visiting Judges Sitting by 

 : Supreme Court Assignment) 

 : 

MICHAEL D. MCCAIN : Case No. 27533 

 : 

 : 

 Defendant-Appellant : O P I N I O N 

CHARACTER OF PROCEEDING: Appeal from the Montgomery County 

Court of Common Pleas, case no. 04-

CR-1865 

JUDGMENT: AFFIRMED 

DATE OF JUDGMENT ENTRY: June 22, 2018 

APPEARANCES: 

For Plaintiff-Appellee: For Defendant-Appellant: 

 

MATHIAS H. HECK, JR. MICHAEL D. MCCAIN, PRO SE 

PROSECUTING ATTORNEY #A479429 

ANDREW T. FRENCH Mansfield Correctional Inst. 

P.O. Box 972 P.O. Box 788 

301 West Third Street Mansfield, OH 44901 

Dayton, OH 45422 
Montgomery County, Case No. 27533 2 

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 

[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 [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 
Montgomery County, Case No. 27533 3 

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, and 

as such, the court OVERRULES the pending Motion filed by 

Defendant. 

 * * * *. 

{¶6} Appellant then filed a motion before this Court on April 10, 2017, during the 

pendency of McCain III, requesting the same records, and we granted appellant’s motion, 

directing that he “must make his request [for records] to the clerk of courts and must remit 

to the clerk any costs for those copies.” 

{¶7} Appellant then filed another motion in McCain III requesting an order to 

compel the trial court to provide copies of the records, which we denied. 

{¶8} He also appealed from the trial court’s decision of March 15, 2017, the 

instant appeal. 

{¶9} In the meantime, in 2016 appellant commenced an action for a writ of 

mandamus in this Court against 1) the judge of the Montgomery Court of Common Pleas 

before whom he was arraigned, and 2) the judge of the Montgomery County Court of 

Common pleas before whom he entered his guilty pleas. Both judges filed separate 
Montgomery County, Case No. 27533 4 

motions to dismiss; we dismissed the case in its entirety, and appellant appealed to the 

Ohio Supreme Court. 

{¶10} In McCain v. Huffman, 151 Ohio St.3d 611, 2017-Ohio-9241, 91 N.E.3d 

749, the Court overruled a number of appellant’s arguments and stated the following 

regarding his requests for records of his arraignment: 

 Regarding [appellant’s] request for records of his arraignment, 

R.C. 149.43(B)(8) provides that there is no duty to provide public 

records requested by an inmate unless “the judge who imposed the 

sentence * * *, or the judge's successor in office, finds that the 

information sought in the public record is necessary to support what 

appears to be a justiciable claim of the person.” [Appellant] seeks the 

requested records in order to prove that he tried to plead guilty at his 

arraignment and to disprove Judge Froelich's finding that [appellant] 

failed to state a plea. But the outcome of this dispute is of no legal 

consequence: even if he proved his version of events, [appellant] 

would not be entitled to mandamus relief against Judge Huffman. 

Therefore, [appellant’s] request for records of his arraignment was 

correctly denied. 

 McCain v. Huffman, 151 Ohio St.3d 611, 2017-Ohio-9241, 91 

N.E.3d 749, ¶ 12. 

{¶11} We turn now to the instant appeal from the trial court’s decision of March 

15, 2017. 

{¶12} Appellant raises one assignment of error: 
Montgomery County, Case No. 27533 5 

ASSIGNMENT OF ERROR 

{¶13} “THE TRIAL COURT AND SPECIAL PANEL HAS DENIED, HINDERED, 

AND PREVENTED ACCESS TO THE COURT RECORDS, AS PUBLIC RECORDS, AND 

EVIDENCE TO PROVE HIS CLAIM, THAT HE NOT ONLY PLEAD GUILTY AT HIS 

ARRAIGNMENT, BUT WAS WITHOUT HIS ALREADY APPOINTED COUNSEL. 

VIOLATING HIS STATUTORY, AND CONSTITUTIONAL RIGHTS TO DUE PROCESS 

AND EQUAL PROTECTION OF THE LAW, OF BOTH THE FEDERAL AND STATE OF 

OHIO. PURSUANT TO O.R.C. 149.43, AND OHIO SUPERINTENDENCE RULE 

47(A)(1) [sic throughout].” 

ANALYSIS 

{¶14} Appellant argues, again, that he is entitled to the records of his arraignment. 

We disagree. 

{¶15} First, as we have already advised appellant, he must request records from 

the clerk of court and “must remit to the clerk any costs for those copies.” Ohio Sup. 

R. 45(B) states: 

 (1) A court or clerk of court shall make a court record available 

by direct access, promptly acknowledge any person's request for 

direct access, and respond to the request within a reasonable 

amount of time. 

 (2) Except for a request for bulk distribution pursuant to Sup. 

R. 46, a court or clerk of court shall permit a requestor to have a court 

record duplicated upon paper, upon the same medium upon which 

the court or clerk keeps it, or upon any other medium the court or 
Montgomery County, Case No. 27533 6 

clerk determines it can be reasonably duplicated as an integral part 

of its normal operations. 

 (3) A court or clerk of court shall mail, transmit, or deliver 

copies of a requested court record to the requestor within a 

reasonable time from the request, provided the court or clerk may 

adopt a policy allowing it to limit the number of court records it will 

mail, transmit, or deliver per month, unless the requestor certifies in 

writing that the requestor does not intend to use or forward the 

records, or the information contained in them, for commercial 

purposes. For purposes of this division, “commercial” shall be 

narrowly construed and does not include news reporting, the 

gathering of information to assist citizens in the understanding of 

court activities, or nonprofit educational research. 

 (4) A court or clerk of court may charge its actual costs 

incurred in responding to a request for direct access to a court 

record. The court or clerk may require a deposit of the estimated 

actual costs. 

{¶16} Pursuant to the Rules of Superintendence, therefore, appellant may request 

the records but he must pay the clerk’s actual costs of preparing them. 

{¶17} Appellant also argues, though, that he is entitled to the records pursuant to 

the Public Records Act, R.C. 149.43. The pertinent portion of that Act, section (B)(8), 

provides: 
Montgomery County, Case No. 27533 7 

 A public office or person responsible for public records is not 

required to permit a person who is incarcerated pursuant to a criminal 

conviction or a juvenile adjudication to inspect or to obtain a copy of 

any public record concerning a criminal investigation or prosecution 

or concerning what would be a criminal investigation or prosecution 

if the subject of the investigation or prosecution were an adult, unless 

the request to inspect or to obtain a copy of the record is for the 

purpose of acquiring information that is subject to release as a public 

record under this section and the judge who imposed the sentence 

or made the adjudication with respect to the person, or the judge's 

successor in office, finds that the information sought in the public 

record is necessary to support what appears to be a justiciable claim 

of the person. 

{¶18} Appellant has failed to present any justiciable claims for which the 

requested records would provide support. Moreover, the Ohio Supreme Court has 

already reviewed appellant’s claims and determined that the request for records was 

properly denied. McCain v. Huffman, supra, 2017-Ohio-9241 at ¶ 12. Finally, any 

purported claim related to the underlying criminal case has been raised and rejected in 

appellant’s series of appeals listed supra. 

{¶19} We conclude appellant’s request for records dated February 27, 2017 was 

properly overruled. 

{¶20} Appellant’s sole assignment of error is denied. 

 
Montgomery County, Case No. 27533 8 

CONCLUSION 

{¶21} Appellant’s sole assignment of error is overruled and the judgment of the 

Montgomery County Court of Common Pleas is affirmed. 

By: Delaney, J., 

Wise, John, P.J. and 

Baldwin, J., concur. 

HON. PATRICIA A. DELANEY 

HON. JOHN W. WISE 

HON. CRAIG R. BALDWIN