S. C. R. No. 12 As Introduced

As Introduced

128th General Assembly

Regular Session

2009-2010

S. C. R. No. 12

Senator Grendell

A CONCURRENT RESOLUTION

To request the Supreme Court to amend the Ohio Rules 1
of Criminal Procedure to provide for open 2
discovery. 3

BE IT RESOLVED BY THE SENATE OF THE STATE OF OHIO
(THE HOUSE OF REPRESENTATIVES CONCURRING):

       WHEREAS, Rule 16 of the Ohio Rules of Criminal Procedure 4
requires the prosecuting attorney to disclose specified types of 5
information, such as prior written statements made by the 6
defendant and documents that are "material to the preparation of 7
[a] defense," and "all evidence, known or which may become known 8
to the prosecuting attorney, favorable to the defendant and 9
material either to guilt or punishment"; and 10

       WHEREAS, Rule 16 requires the prosecuting attorney to 11
disclose the results of medical and scientific reports and other 12
types of information only upon motion of the defendant and order 13
of the court; and 14

       WHEREAS, Determinations as to the materiality of evidence, 15
the exculpatory nature of evidence, and similar matters are 16
difficult questions upon which the prosecuting and defense 17
attorneys may reasonably disagree and therefore should neither be 18
left to the decision of the prosecuting attorney nor become the 19
subjects of costly and time-consuming motions; and 20

       WHEREAS, Defense attorneys often need to make additional 21
discovery motions, adding to the burdens borne by both counsel and 22
the court; and 23

       WHEREAS, A rule requiring the prosecuting attorney, upon 24
request of the defense attorney, to disclose all police reports, 25
witness statements, and other relevant evidence, would promote the 26
fair and expeditious administration of justice and reduce the 27
strain on the judiciary; now therefore be it 28

       RESOLVED, That the General Assembly respectfully requests the 29
Supreme Court to amend the Ohio Rules of Criminal Procedure to 30
provide for open discovery in all criminal cases in all courts in 31
this state, subject only to the court's power, upon motion of the 32
prosecuting attorney and, if appropriate, an in camera hearing, to 33
limit discovery in order to protect a witness or for other good 34
cause as determined by the court. 35

WHEREAS, Rule 16 of the Ohio Rules of Criminal Procedure	4
requires the prosecuting attorney to disclose specified types of	5
information, such as prior written statements made by the	6
defendant and documents that are "material to the preparation of	7
[a] defense," and "all evidence, known or which may become known	8
to the prosecuting attorney, favorable to the defendant and	9
material either to guilt or punishment"; and	10

WHEREAS, Rule 16 requires the prosecuting attorney to	11
disclose the results of medical and scientific reports and other	12
types of information only upon motion of the defendant and order	13
of the court; and	14

WHEREAS, Determinations as to the materiality of evidence,	15
the exculpatory nature of evidence, and similar matters are	16
difficult questions upon which the prosecuting and defense	17
attorneys may reasonably disagree and therefore should neither be	18
left to the decision of the prosecuting attorney nor become the	19
subjects of costly and time-consuming motions; and	20

WHEREAS, Defense attorneys often need to make additional	21
discovery motions, adding to the burdens borne by both counsel and	22
the court; and	23

WHEREAS, A rule requiring the prosecuting attorney, upon	24
request of the defense attorney, to disclose all police reports,	25
witness statements, and other relevant evidence, would promote the	26
fair and expeditious administration of justice and reduce the	27
strain on the judiciary; now therefore be it	28

RESOLVED, That the General Assembly respectfully requests the	29
Supreme Court to amend the Ohio Rules of Criminal Procedure to	30
provide for open discovery in all criminal cases in all courts in	31
this state, subject only to the court's power, upon motion of the	32
prosecuting attorney and, if appropriate, an in camera hearing, to	33
limit discovery in order to protect a witness or for other good	34
cause as determined by the court.	35