State v. Sheppard, Cuyahoga County Common Pleas Case No. 64571
motion to strike, motion to dismiss, wrongful imprisonment, opposition, plaintiff's filing
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.
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.