COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 75393 STATE OF OHIO, ex rel. : PATRICK HUNTER : : PETITION FOR WRIT OF Relator : MANDAMUS : vs. : MOTION NO. 806 : COURT OF COMMON PLEAS : JOURNAL ENTRY AND OPINION CUYAHOGA COUNTY, OHIO : : Respondent : JUDGMENT : WRIT DISMISSED. DATE OF JOURNALIZATION : NOVEMBER 25, 1998 APPEARANCES: For relator : PATRICK HUNTER, pro se #322-916 L.C.I.E. Post Office Box 56 Lebanon, Ohio 45036 For respondent : STEPHANIE TUBBS-JONES Cuyahoga County Prosecutor ERIKA RITT, Assistant Justice Center, Courts Tower 1200 Ontario Street Cleveland, Ohio 44113 -2- PATRICIA A. BLACKMON,A.J.: Relator, Patrick Hunter, seeks a writ of mandamus in order to compel the respondent, Gerald E. Fuerst, Clerk of Courts of Cuya- hoga County, to produce copies of the following documents, which are related to the underlying case of State v. Hunter, Cuyahoga County Court of Common Pleas Case No. CR-335201: 1) arrest and investigation reports; 2) complaints and affidavits; 3) Municipal Court journal entries; 4) grand jury report; 5) jury verdict forms; 6) photo array and booking slip; 7) statements made by Michael Normile and Robert Henderson; and 8) Scientific Investigation Unit report. The respondent has filed a motion to dismiss, which this Court grants for the following reasons. The relator, in essence, seeks records pursuant to R.C. 149.43. The respondent, however, possesses no legal duty to respond to a request for public records as made by mail and further possesses no legal duty to provide public records by mail. State ex rel. Fenley v. Ohio Historical Society (1993), 67 Ohio St.3d 438; State ex rel. Nelson v. Fuerst (1993), 66 Ohio St.3d 47. See, also, State ex rel. Nelson v. Tubbs Jones (1993), 67 Ohio St.3d 438. In addition, a defendant in a criminal case who has exhausted the direct appeals of his conviction may not avail himself or herself of R.C. 149.43 to support a petition for postconviction relief. State ex rel. Steckman v. Jackson (1994), 70 Ohio St.3d 420, paragraph six of the syllabus. -3- Accordingly, the respondent's motion to dismiss is granted. Costs to relator. Writ dismissed. JAMES M. PORTER, J., CONCURS .