Ballard v. State
2012 Ohio 3086
Ohio Ct. App.2012Background
- Ballard sought a declaratory judgment under R.C. 2743.48 that he was a "wrongfully imprisoned individual" for the period Dec. 12, 2009 to July 16, 2010 in CR-521631.
- Ballard had been convicted of sexual battery in 2005 and classified under Megan’s Law, later reclassified under the Adam Walsh Act (AWA) in 2008 to quarterly reporting for life.
- He was indicted in 2008 and arrested in 2009 for failing to meet the new AWA reporting requirements.
- During the criminal case, Ballard petitioned in Cuyahoga County Common Pleas Civil Division to contest AWA application, but the petition was not acted upon.
- Ballard pleaded guilty in 2009 to failing to comply with AWA, received a suspended nine-month sentence, and served prison time after violating probation; subsequently, Bodyke invalidated the AWA’s application to his case, affecting his imprisonment status.
- The Court of Claims action was supported by Ballard’s affidavit; the trial court granted summary judgment for the State, leading to an appeal which the Eighth District reversed and remanded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether R.C. 2743.48(A) should be liberally construed. | Ballard | State | Yes; statute liberally construed to aid remedial goals. |
| Whether Ballard’s guilty plea bars relief under R.C. 2743.48. | Ballard | State | No; a void or vacated plea may still permit relief under the statute. |
Key Cases Cited
- State v. Bodyke, 126 Ohio St.3d 266 (2010-Ohio-2424) (AWA unconstitutional as applied to Ballard; reporting requirements unlawful)
- Moore v. State, 2006-Ohio-114 (Ohio App.3d) (liberal interpretation of 2743.48(A)(2) to serve remedial goals)
- Dunbar v. State, 2012-Ohio-707 (8th Dist.) (agrees with Moore on vacated convictions/withdrawn pleas)
- Beasley v. State, 2011-Ohio-6650 (8th Dist.) (AWA voids may render convictions void; entitlement to relief)
- State ex rel. Tubbs Jones v. Suster, 84 Ohio St.3d 70 (1998) (requires declaratory judgment to pursue wrongful imprisonment claims)
- Walden v. State, 47 Ohio St.3d 47 (1989) (wrongful imprisonment remedial purpose; burden on petitioner)