McClain v. State

929 N.E.2d 1099, 186 Ohio App. 3d 654
CourtOhio Court of Appeals
DecidedMarch 16, 2010
DocketNo. 09AP-445
StatusPublished

This text of 929 N.E.2d 1099 (McClain v. State) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McClain v. State, 929 N.E.2d 1099, 186 Ohio App. 3d 654 (Ohio Ct. App. 2010).

Opinions

Klatt, Judge.

{¶ 1} Plaintiff-appellant, Anthony McClain, appeals from a judgment of the Franklin County Court of Common Pleas dismissing his action pursuant to the state of Ohio’s motion for judgment on the pleadings. Because appellee is the proper defendant, and because the Franklin County Court of Common Pleas is a proper venue, we reverse the judgment of the trial court.

{¶ 2} On October 3, 1995, a jury in the Hamilton County Court of Common Pleas found appellant guilty of murder with a firearm specification and sentenced him to 18 years to life in prison. Approximately seven years later, appellant filed a motion for a new trial based upon newly discovered evidence. The Hamilton County trial court denied the motion.

{¶ 3} The First District Court of Appeals reversed the Hamilton County trial court’s decision and remanded the case for a new trial. Following a second trial, the jury found appellant not guilty of these offenses. That judgment was entered on July 31, 2006.

{¶ 4} Appellant was incarcerated in the custody of the Ohio Department of Rehabilitation and Correction for more than ten years when he was ultimately released following the not-guilty verdict.

{¶ 5} On February 20, 2008, appellant filed a complaint for wrongful imprisonment against appellee in the Franklin County Court of Common Pleas pursuant to R.C. 2305.02 and 2743.48. Appellant sought a determination that he was a wrongfully imprisoned individual as that term is defined in R.C. 2743.48(A). Appellant obtained service on appellee by serving the attorney general of Ohio under Civ.R. 4.2(J).

[657]*657{¶ 6} Appellee filed a motion for judgment on the pleadings pursuant to Civ.R. 12(C). Appellee argued that it was not the proper defendant in the action and that the Franklin County Court of Common Pleas was not a proper venue.

{¶ 7} The trial court granted appellee’s motion and dismissed the case. The trial court determined that “the proper party defendant to represent the state of Ohio in this action is the prosecuting attorney for Hamilton County.” The trial court also determined that “Hamilton County is the proper venue for the plaintiffs (appellant’s) claims.”

{¶ 8} Appellant appeals, assigning the following errors:

The trial court erred in granting the state of Ohio’s motion for judgment on the pleadings by improperly finding that the proper party-defendant to represent the state of Ohio in an action to determine whether a person was “a wrongfully imprisoned individual,” is not the state of Ohio through service on the Ohio attorney general, but rather that “the proper party to represent the state of Ohio * * * is the prosecuting attorney” for the county in which the individual was convicted.
The trial court erred when it granted the state of Ohio’s motion for judgment on the pleadings by improperly finding that the proper venue for plaintiffs action is Hamilton as opposed to Franklin county.

{¶ 9} Appellant contends in his first assignment of error that the trial court erred when it granted appellee’s Civ.R. 12(C) motion on the ground that appellant did not sue the proper party. We agree.

{¶ 10} Civ.R. 12(C) motions are specifically for resolving questions of law. State ex rel. Midwest Pride IV, Inc. v. Pontious (1996), 75 Ohio St.3d 565, 570, 664 N.E.2d 931; State ex rel. Montgomery v. Purchase Plus Buyer’s Group, Inc. (Apr. 25, 2002), 10th Dist. No. 01AP-1073, 2002 WL 723707. In deciding a Civ.R. 12(C) motion, the court “must construe as true all of the material allegations in the complaint, with all reasonable inferences to be drawn therefrom, in favor of the nonmoving party.” Montgomery at *2, citing Whaley v. Franklin Cty. Bd. of Commrs. (2001), 92 Ohio St.3d 574, 581, 752 N.E.2d 267. A court may grant the motion if it finds beyond doubt that the plaintiff can prove no set of facts in support of the claims that would entitle him or her to relief. Pontious at 570, 664 N.E.2d 931; Montgomery at *2. “Our review of the appropriateness of judgment on the pleadings is de novo.” Id.; Fontbank, Inc. v. CompuServe, Inc. (2000), 138 Ohio App.3d 801, 807, 742 N.E.2d 674.

{¶ 11} Ohio’s wrongful-imprisonment statutes, R.C. 2305.02 and 2743.48, authorize civil actions against the state to recover specified monetary awards if the plaintiff is determined to be a “wrongfully imprisoned individual.” Under this [658]*658statutory scheme, a plaintiff must follow a two-step process. Walden v. State (1989), 47 Ohio St.3d 47, 49, 547 N.E.2d 962.

{¶ 12} In the first step, the plaintiff must prove that he or she is a wrongfully imprisoned individual entitled to compensation. A “wrongfully imprisoned individual” is a person who satisfies the requirements set forth in R.C. 2743.48(A). R.C. 2743.48 provides:

(A) As used in this section and section 2743.49 of the Revised Code, a “wrongfully imprisoned individual” means an individual who satisfies each of the following:
(1) The individual was charged with a violation of a section of the Revised Code by an indictment or information prior to, or on or after, September 24, 1986, and the violation charged was an aggravated felony or felony.
(2) The individual was found guilty of, but did not plead guilty to, the particular charge or a lesser-included offense by the court or jury involved, and the offense of which the individual was found guilty was an aggravated felony or felony.
(3) The individual was sentenced to an indefinite or definite term of imprisonment in a state correctional institution for the offense of which the individual was found guilty.
(4) The individual’s conviction was vacated or was dismissed, or reversed on appeal, the prosecuting attorney in the case cannot or will not seek any further appeal of right or upon leave of court, and no criminal proceeding is pending, can be brought, or will be brought by any prosecuting attorney, city director of law, village solicitor, or other chief legal officer of a municipal corporation against the individual for any act associated with that conviction.
(5) Subsequent to sentencing and during or subsequent to imprisonment, an error in procedure resulted in the individual’s release, or it was determined by a court of common pleas that the offense of which the individual was found guilty, including all lesser-included offenses, either was not committed by the individual or was not committed by any person.

{¶ 13} When a plaintiff attempts to prove that he or she is a wrongfully imprisoned individual because he or she did not commit the offense, the plaintiff must bring the action in a court of common pleas. R.C. 2305.02 and 2743.48(A)(5); Nelson v. State, 183 Ohio App.3d 83, 2009-Ohio-3231, 915 N.E.2d 729, ¶ 21. However, when a plaintiff attempts to prove that he or she is a wrongfully imprisoned individual because subsequent to sentencing and during or subsequent to imprisonment, an error in procedure resulted in the plaintiffs release, the plaintiff may seek that determination directly in the Court of Claims. R.C. 2743.48(A)(5). Griffith v. State, 10th Dist. No.

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Bluebook (online)
929 N.E.2d 1099, 186 Ohio App. 3d 654, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcclain-v-state-ohioctapp-2010.