Doss v. State (Slip Opinion)

State: Ohio

Docket No: 2012-0162

Case Date: 12/06/2012

Plaintiff: Doss

Defendant: State (Slip Opinion)

Preview:[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as Doss v. State, Slip Opinion No. 2012-Ohio-5678.]

NOTICE This slip opinion is subject to formal revision before it is published in an advance sheet of the Ohio Official Reports. Readers are requested to promptly notify the Reporter of Decisions, Supreme Court of Ohio, 65 South Front Street, Columbus, Ohio 43215, of any typographical or other formal errors in the opinion, in order that corrections may be made before the opinion is published.

SLIP OPINION NO. 2012-OHIO-5678 DOSS, APPELLEE, v. THE STATE OF OHIO, APPELLANT. [Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as Doss v. State, Slip Opinion No. 2012-Ohio-5678.] Wrongful imprisonment--R.C. 2743.48--Claimant in common pleas court cannot be declared eligible for compensation in Court of Claims unless claimant has affirmatively demonstrated that he is actually innocent of charges for which he was imprisoned--Acquittal or finding of legal insufficiency of evidence is not enough to establish actual innocence. (No. 2012-0162--Submitted September 26, 2012--Decided December 6, 2012.) APPEAL from the Court of Appeals for Cuyahoga County, No. 96452, 2011-Ohio-6429. __________________ SYLLABUS OF THE COURT 1. One who claims to be a "wrongfully imprisoned individual" under R.C. 2743.48 must prove all of the factors in R.C. 2743.48(A) by a

SUPREME COURT OF OHIO

preponderance of the evidence before seeking compensation from the state for wrongful imprisonment. 2. A trial court adjudicating proof of innocence pursuant to R.C. 2743.48(A)(5) may not find that the claimant was wrongfully imprisoned based solely on an appellate court judgment vacating a felony conviction due to insufficient evidence and discharging the prisoner without a remand for a new trial. __________________ LANZINGER, J. {

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