In State of Ohio v. Rivas, 121 Ohio St. 3d 469 (S.Ct. Ohio March 31, 2009), the Supreme Court reversed the court of appeals reversal of a conviction for the prosecution's failure to provide defendant access to the state's electronic information.

The Second District Court of Appeals reversed the conviction of Jose Rivas based on a trial court ruling denying him the opportunity to verify the accuracy of the discovery provided by the prosecutor and allowing his expert to examine the state's computer hard drive containing the evidence of his sexually-explicit conversation with whom he believed to be a minor.  The State Supreme Court reversed the court of appeals and upheld the conviction holding that a court may not order an examination of the computer hard drive unless the defense makes a prima facie showing that the state has provided false, incomplete, adulterated, or spoliated evidence, a showing the defendant failed to meet.