Document Type
Davis v. State of Ohio, Cuyahoga County Common Pleas Case No. CV96-312322
Date
February 21, 2002
Box Number
43
Item Number
50
Keywords
Colleen Conway Cooney, wrongful imprisonment, statute of limitations, standing, Sheppard Estate, Eighth District Court of Appeals
Abstract
The Ohio Eighth District Court of Appeals found that the State's Motion to Dismiss should have been granted in Cuyahoga County Common Pleas Case No. CV96312322, the Sheppard Estate's civil suit for wrongful imprisonment. "Because the statute of limitations expired on the estate's claim and because the claim abated upon the death of Samuel H. Sheppard, we find that the State's motion to dismiss should have been granted." Therefore, the Sheppard Estate's assignments of error on appeal were moot and the trial court's decision (jury verdict in favor of the State) was affirmed.
Notably, the State also filed a motion for writ of prohibition with the Ohio Supreme Court, claiming the trial court lacked jurisdiction, essentially making the same arguments as in its motion to dismiss. The Ohio Supreme Court denied the writ, because although the prosecutor's arguments may have had merit, the trial court did not patently and unambiguously lack jurisdiction.
Recommended Citation
Murray v. State, Cuyahoga App. No. 78374, 2002 Ohio 664 ( Feb. 22, 2002)
