Armstrong v. State
2017 Ohio 1207
| Ohio Ct. App. | 2017Background
- Shawn Armstrong was convicted of aggravated murder in Trumbull County (1998), sentenced to 23 years to life; conviction was reversed on appeal in 2004 and remanded for retrial.
- The state nolled prosecution in 2006; Armstrong was released but remains subject to jeopardy for the murder.
- Armstrong repeatedly filed actions seeking a declaration of "wrongful imprisonment" under R.C. 2743.48 (2008, 2009, 2015); prior Trumbull County action was dismissed in 2010 with prejudice to refile until he could satisfy statutory prerequisites (R.C. 2743.48(A)(4)).
- In 2015 Armstrong filed again in Franklin County; the case was transferred to Trumbull County and the state moved to dismiss.
- The Trumbull County court granted the motion to dismiss (May 3, 2016), concluding res judicata barred the claim and that Armstrong could not satisfy R.C. 2743.48(A)(4) because murder charges may be refiled without statutory time limitation.
- Armstrong appealed pro se raising four assignments of error challenging venue transfer, denial of a stay, the dismissal under res judicata/statute of limitations, and failure to allow a wrongful-imprisonment declaration.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Venue transfer from Franklin to Trumbull County | Transfer improper; venue should remain in Franklin | Statutes assign jurisdiction to county where underlying criminal action was initiated (Trumbull) | Transfer proper under R.C. 2305.02 and 2743.48(B)(1); assignment overruled |
| Denial of stay pending appeal of transfer | Trial court should have stayed proceedings during venue-appeal | Change-of-venue orders are interlocutory; court lacked jurisdiction to stay | Denial of stay proper; interlocutory transfer not reviewable here |
| Dismissal under res judicata and statute of limitations | Dismissal improper; merits not addressed | Prior 2010 dismissal was a final judgment on the merits and bars relitigation; murder may be refiled without time limit, defeating R.C. 2743.48(A)(4) requirement | Dismissal affirmed: res judicata applies and statutory lack of time limit prevents satisfying R.C. 2743.48(A)(4) |
| Failure to allow wrongful-imprisonment declaration under R.C. 2743.48(A)(1)-(5) | Statute entitles him to declaration; requirements met | Armstrong cannot prove no future criminal proceeding can be brought; statutory prerequisites unmet | Court correctly dismissed: Armstrong cannot satisfy all statutory elements (notably A(4)) |
Key Cases Cited
- Walden v. State, 47 Ohio St.3d 47 (Ohio 1989) (claimant bears burden to prove innocence by preponderance in wrongful-imprisonment proceeding)
- Griffith v. Cleveland, 128 Ohio St.3d 35 (Ohio 2010) (two-step statutory process: common pleas determination then Court of Claims for damages)
- Doss v. State, 135 Ohio St.3d 211 (Ohio 2012) (wrongful-imprisonment statutory scheme and requirement to be declared a "wrongfully imprisoned individual")
- Bundy v. State, 143 Ohio St.3d 237 (Ohio 2015) (burden on claimant to satisfy R.C. 2743.48 elements)
- C.K. v. State, 145 Ohio St.3d 322 (Ohio 2015) (dismissal of murder conviction without prejudice, combined with no statute of limitations for murder, prevents satisfying R.C. 2743.48(A)(4))
- Grava v. Parkman Twp., 73 Ohio St.3d 379 (Ohio 1995) (elements of res judicata)