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.

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