State ex rel. O'Malley v. Russo (Slip Opinion)

2019 Ohio 1698, 130 N.E.3d 256, 156 Ohio St. 3d 548
CourtOhio Supreme Court
DecidedMay 8, 2019
Docket2018-0996
StatusPublished
Cited by17 cases

This text of 2019 Ohio 1698 (State ex rel. O'Malley v. Russo (Slip Opinion)) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State ex rel. O'Malley v. Russo (Slip Opinion), 2019 Ohio 1698, 130 N.E.3d 256, 156 Ohio St. 3d 548 (Ohio 2019).

Opinion

Per Curiam.

*548 {¶ 1} In this original action, relator, Cuyahoga County Prosecuting Attorney Michael C. O'Malley, seeks a writ of prohibition to prevent respondent, Cuyahoga County Court of Common Pleas Judge Michael J. Russo, from exercising jurisdiction over a wrongful-imprisonment claim filed by former death-row inmate Joe D'Ambrosio. O'Malley also seeks a writ of procedendo to compel Judge Russo to enter judgment terminating D'Ambrosio's litigation. Judge Russo has filed a motion for judgment on the pleadings.

{¶ 2} Although O'Malley presents a plausible argument that D'Ambrosio's underlying claim is barred under the doctrine of res judicata, Judge Russo does not lack jurisdiction over the pending action. We therefore grant Judge Russo's motion for judgment on the pleadings.

Background

D'Ambrosio's convictions, death sentence, and release

{¶ 3} In 1989, D'Ambrosio was convicted of aggravated murder, kidnapping, and aggravated burglary and sentenced to death. State v. D'Ambrosio , 67 Ohio St.3d 185 , 187, 616 N.E.2d 909 (1993). We affirmed the convictions, id. at 200, 616 N.E.2d 909 , and the death sentence, State v. D'Ambrosio , 73 Ohio St.3d 141 , 148, 652 N.E.2d 710 (1995). But in 2006, the United States District Court for the Northern District of Ohio found that the state had failed to disclose material evidence to the defense in violation of Brady v. Maryland , 373 U.S. 83 , 83 S.Ct. 1194 , 10 L.Ed.2d 215 (1963). D'Ambrosio v. Bagley , N.D.Ohio No. 1:00 CV 2521, 2006 WL 1169926 , *56 (Mar. 24, 2006), aff'd , 527 F.3d 489 , 499-500 (6th Cir.2008).

*549 The district court granted a conditional writ of habeas corpus that required the state to either set aside D'Ambrosio's convictions and sentence or retry him within 180 days. Id.

{¶ 4} D'Ambrosio was scheduled to be retried in the court of common pleas in 2009, but about a week before the scheduled trial, the state disclosed the existence of additional relevant evidence. D'Ambrosio v. Bagley , 656 F.3d 379 , 381 (6th Cir.2011). This led the trial court to postpone the start of D'Ambrosio's retrial-to a date outside the 180-day deadline imposed by *260 the federal district court. Finding that the state had violated its discovery obligations during the retrial proceedings, the federal district court denied the state's request to extend the deadline and issued an unconditional writ of habeas corpus. D'Ambrosio v. Bagley , 619 F.Supp.2d 428 , 453, 460 (N.D.Ohio 2009). In 2010, following the death of the state's key witness, the federal district court barred the state from reprosecuting D'Ambrosio. D'Ambrosio v. Bagley , 688 F.Supp.2d 709 , 735 (N.D.Ohio 2010).

D'Ambrosio's 2012 wrongful-imprisonment action

{¶ 5} In 2012, D'Ambrosio commenced a wrongful-imprisonment action in the common pleas court under R.C. 2743.48. The statute establishes a two-step process. The claimant first "must bring an action in the court of common pleas to secure a determination that he or she is a wrongfully imprisoned individual entitled to compensation." Griffith v. Cleveland , 128 Ohio St.3d 35 , 2010-Ohio-4905 , 941 N.E.2d 1157 , paragraph two of the syllabus. Then, the claimant "must file a civil action against the state, in the Court of Claims, to recover a sum of money." Id.

{¶ 6} Regarding the first step, "[t]o be declared a wrongfully imprisoned individual, a person must satisfy all five elements of R.C. 2743.48(A)." James v. State , 148 Ohio St.3d 446 , 2016-Ohio-8012 , 71 N.E.3d 271 , ¶ 6. The main issue in D'Ambrosio's case was the fifth element, which requires him to prove either that an "error in procedure" resulted in his release or that he did not commit the charged offenses. See R.C. 2743.48(A)(5). In his complaint, D'Ambrosio alleged both that he was released due to a procedural error and that he did not commit the charged offenses. Soon after D'Ambrosio filed his complaint, the parties and the court agreed that the case would proceed in two phases, with the parties first filing motions for summary judgment on D'Ambrosio's procedural-error theory.

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Bluebook (online)
2019 Ohio 1698, 130 N.E.3d 256, 156 Ohio St. 3d 548, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-omalley-v-russo-slip-opinion-ohio-2019.