Title
Petitioner's Brief in Opposition to Motion to Strike, or, in the Alternative, Motion to Dismiss
Document Type
State v. Sheppard, Cuyahoga County Common Pleas Case No. 64571
Date
1996-01-08
Box Number
43A
Item Number
4
Keywords
motion to strike, motion to dismiss, wrongful imprisonment, opposition, plaintiff's filing
Abstract
In response to the State of Ohio's Motion to Strike / Motion to Dismiss, the Sheppard Estate argued that Ohio Revised Code did not require the initial proceeding in the Court of Common Pleas for a declaration of innocence to be a civil action (see ORC 2305.02). Only the second proceeding in the Court of Claims to obtain monetary damages from the State must be filed as a civil action (see ORC 2743.48). Note: ORC 2305.02 was later amended to specify that a civil action is required.
Recommended Citation
Gilbert, Terry H., "Petitioner's Brief in Opposition to Motion to Strike, or, in the Alternative, Motion to Dismiss" (1996). 1995-2002 Court Filings. 10.
https://engagedscholarship.csuohio.edu/sheppard_court_filings_2000/10
Comments
See Motion to Strike, or in the Alternative, Motion to Dismiss of the State of Ohio
Reply of the State of Ohio