Walden v. State

547 N.E.2d 962, 47 Ohio St. 3d 47, 1989 Ohio LEXIS 301
CourtOhio Supreme Court
DecidedNovember 29, 1989
DocketNos. 88-1434 and 88-1440, 88-1435 and 88-1439
StatusPublished
Cited by124 cases

This text of 547 N.E.2d 962 (Walden v. State) 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
Walden v. State, 547 N.E.2d 962, 47 Ohio St. 3d 47, 1989 Ohio LEXIS 301 (Ohio 1989).

Opinions

H. Brown, J.

These cases present our first opportunity to construe Ohio’s wrongful imprisonment statutes, R.C. 2305.02 and 2743.48. These statutes were added to the Revised Code in 1986 by Sub. H.B. No. 609 “to authorize civil actions against the state, for specified monetary amounts, in the Court of Claims by certain wrongfully imprisoned individuals” (141 Ohio Laws, Part III, 5351), replacing the former practice of compensating wrongfully imprisoned persons by ad hoc moral claims legislation. See, generally, Comment, Wrongful Incarceration In Ohio: Should There Be More Than A Moral Obligation to Compensate? (1982), 12 Cap. U. L. Rev. 255. Under the statutory scheme, a claimant must follow a two-step process.

In the first step, the claimant must bring an action in the court of common pleas to secure a determination that he is a wrongfully imprisoned individual entitled to compensation. As relevant here, a “wrongfully imprisoned individual” was defined in former R.C. 2743.48(A) as one who satisfied four criteria:

“(1) He was charged with a violation of a section of the Revised Code by an indictment or information prior to, or on or after, the effective date of this section, and the violation charged was an aggravated felony or felony.
“(2) He was found guilty of the particular charge or a lesser-included offense * * * and the offense of which he was found guilty was an aggravated felony or felony.
“(3) He was sentenced to an indefinite or definite term of imprisonment in a state penal or reformatory institution for the offense of which he was found guilty.
“(4) Subsequent to his sentencing and during or subsequent to his imprisonment, it was determined by a court of common pleas that the offense of which he was found guilty, including all lesser-included offenses, either was not committed by him or was not committed by any person.”1

R.C. 2305.02 grants exclusive jurisdiction to the court of common pleas “to hear and determine an action or proceeding that is commenced by an [50]*50individual * * * that seeks a determination by the court that the offense of which he was found guilty, including all lesser-included offenses, either was not committed by him or was not committed by any person.” Once the claimant secures this determination, R.C. 2743.48(D) provides that he “has and may file a civil action against the state, in the court of claims, to recover a sum of money * * *” in an amount fixed by R.C. 2743.48(E).

The issues now before this court all relate to the first stage of this process, the determination that “the offense of which * * * [the claimant] was found guilty, including all lesser-included offenses, either was not committed by him or was not committed by any person.”

I

In its first and second propositions of law, the state argues that a person acquitted by reason of self-defense is not within the definition of a “wrongfully imprisoned individual.” It bases this argument on the manner in which self-defense is treated under Ohio criminal law.

Ohio is one of only two states which retains the common-law rule on self-defense. See Martin v. Ohio (1987), 480 U.S. 228, 236. In Ohio, self-defense is an affirmative defense which the defendant is required to prove by a preponderance of the evidence. State v. Martin (1986), 21 Ohio St. 3d 91, 94, 21 OBR 386, 388, 488 N.E. 2d 166, 168, affirmed Martin v. Ohio, supra. In State v. Poole (1973), 33 Ohio St. 2d 18, 19, 62 O.O. 2d 340, 294 N.E. 2d 888, 889, we commented on the nature of affirmative defenses in the criminal law:

“As characterized by one authority, they represent not a mere denial or contradiction of evidence which the prosecution has offered as proof of an essential element of the crime charged, but, rather, they represent a substantive or independent matter ‘which the defendant claims exempts him from liability even if it is conceded that the facts claimed by the prosecution are true.’ ”

Because R.C. 2305.02 and 2743.48 require a claimant to prove that “the offense of which he was found guilty * * * was not committed by him,” (emphasis added) and not “the crime of which he was found guilty,” the state contends that the General Assembly intended to exclude persons acquitted by reason of self-defense. Citing Poole and Martin, the state argues such persons have committed an “offense,” but not a “crime.”

We disagree. In construing the Revised Code, we are required to interpret words according to the rules of grammar and common usage unless they have a particular or technical meaning. R.C. 1.42. As a matter of common usage, the words “crime” and “offense” are synonymous. See In re Jacoby (1943), 74 Ohio App. 147, 150, 29 O.O. 305, 306, 57 N.E. 2d 932, 934. For example, the words “crime” and “offense” are used interchangeably in Crim. R. 7(D), and the word “offense” is used throughout R.C. Title 29 to refer to crimes. We see nothing in the language or purpose of R.C. 2305.02 and 2743.48 which would impart to the word “offense” any technical or particular meaning different from this common usage.

The state’s fears that our holding will undermine the constitutional supports of Ohio’s self-defense rule are unfounded. This argument, too, is based on a perceived distinction between “crime” and “offense.” Our holding that a person who was acquitted by reason of self-defense is entitled to statutory compensation for wrongful imprisonment does no violence to the [51]*51United States Supreme Court’s interpretation of the United States Constitution in Martin v. Ohio.

The state’s final contention is that compensation of persons acquitted by reason of self-defense will open the public coffers to claims by persons acquitted by reason of insanity, entrapment or other affirmative defenses. Those questions are not before us. We hold today only that a person acquitted by reason of self-defense may seek compensation for wrongful imprisonment under R.C. 2305.02 and 2743.48. We express no opinion as to the eligibility of persons acquitted by reason of other affirmative defenses.

II

Walden and Ellis, in their cross-appeals, argue that the judgments of acquittal in their new criminal trials should be given preclusive effect in the later proceedings under R.C. 2305.02. They claim that, because they had the burden of proving self-defense by a preponderance of the evidence at their criminal trials, the issue of their innocence has been litigated. The state responds that the language of R.C. 2305.02, as well as the common practice under the special moral claims bills which predated the statute, supports the view that the General Assembly intended a de novo determination of innocence as a prerequisite to recovery for wrongful imprisonment.

The doctrine of collateral estoppel, or issue preclusion, states that “if an issue of fact or law actually is litigated and determined by a valid and final judgment, such determination being essential to that judgment, the determination is conclusive in a subsequent action between the parties, whether on the same or a different claim.

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Cite This Page — Counsel Stack

Bluebook (online)
547 N.E.2d 962, 47 Ohio St. 3d 47, 1989 Ohio LEXIS 301, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walden-v-state-ohio-1989.