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S. C. R. No. 12 As Introduced
As Introduced
| 128th General Assembly | | Regular Session | | 2009-2010 |
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A CONCURRENT RESOLUTION
| To request the Supreme Court to amend the Ohio Rules
of Criminal Procedure to provide for open
discovery.
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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
requires the prosecuting attorney to disclose specified types of
information, such as prior written statements made by the
defendant and documents that are "material to the preparation of
[a] defense," and "all evidence, known or which may become known
to the prosecuting attorney, favorable to the defendant and
material either to guilt or punishment"; and |
| WHEREAS, Rule 16 requires the prosecuting attorney to
disclose the results of medical and scientific reports and other
types of information only upon motion of the defendant and order
of the court; and |
| WHEREAS, Determinations as to the materiality of evidence,
the exculpatory nature of evidence, and similar matters are
difficult questions upon which the prosecuting and defense
attorneys may reasonably disagree and therefore should neither be
left to the decision of the prosecuting attorney nor become the
subjects of costly and time-consuming motions; and |
| WHEREAS, Defense attorneys often need to make additional
discovery motions, adding to the burdens borne by both counsel and
the court; and |
| WHEREAS, A rule requiring the prosecuting attorney, upon
request of the defense attorney, to disclose all police reports,
witness statements, and other relevant evidence, would promote the
fair and expeditious administration of justice and reduce the
strain on the judiciary; now therefore be it |
| RESOLVED, That the General Assembly respectfully requests the
Supreme Court to amend the Ohio Rules of Criminal Procedure to
provide for open discovery in all criminal cases in all courts in
this state, subject only to the court's power, upon motion of the
prosecuting attorney and, if appropriate, an in camera hearing, to
limit discovery in order to protect a witness or for other good
cause as determined by the court. |
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