From Graber v. Bobby, decided Thursday by Judge J. Philip Calabrese (N.D. Ohio):
In 2001, an Ohio jury convicted John Graber of committing rape and gross sexual imposition against two minor victims, for which he was sentenced to a total of twenty years imprisonment. Graber pursued numerous appeals to the Ohio Court of Appeals and the Ohio Supreme Court, each of which affirmed his convictions and sentences. In 2004, Graber filed a petition for a writ of habeas corpus in federal court pursuant to On February 9, 2006, the Court denied Graber's petition. In its opinion, the Court referred to the minor victims by name.
Recently, over sixteen years after the publication of that opinion, one of the minor victims learned that her full name, another minor victim's name, and details of the criminal offenses were publicly available. That minor victim, interested party Jane Doe, now seeks an order, in Graber's habeas proceeding, which last saw activity in 2007, (1) to redact the February 9, 2006 opinion, (2) to require the immediate removal of the opinion from any publicly available website that currently publishes it, and (3) to provide notice to any print publisher of the Federal Supplement that the redacted opinion should be used in future reprints. She contends that the published opinion has resulted in emotional harm and was erroneously maintained in the public file, given the protections intended by 18 U.S.C. § 3509….
