2020 Ohio 2716
Ohio Ct. App.2020Background:
- Collier was indicted in 1996 and convicted of two counts of raping her daughter A.Y.; she received concurrent life sentences which were initially affirmed.
- In 2014 A.Y. recanted her trial testimony, prompting Collier to seek and obtain leave for a delayed motion for a new trial; the trial court granted a new trial and later dismissed the charges on double-jeopardy grounds.
- Collier sued the State under R.C. 2743.48 for wrongful imprisonment; the State answered and filed a third-party complaint against A.Y., alleging perjury based on the recantation.
- A.Y. moved to dismiss the State’s third-party complaint; the trial court granted dismissal, holding Ohio law does not recognize a civil action for perjury and that A.Y. was not a necessary party to the wrongful-imprisonment action.
- The trial court struck the State’s jury demand, found Collier to be a wrongfully imprisoned individual under R.C. 2743.48, and denied the State’s motion for a new trial; the State appealed raising five assignments of error.
Issues:
| Issue | Plaintiff's Argument (Collier) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Dismissal of third-party complaint against A.Y. | A.Y. is not a necessary party; Ohio law does not permit a civil action for perjury; wrongful-imprisonment claim is against the State. | A.Y. should be liable under R.C. 2307.60; conviction not required to state civil claim. | Affirmed dismissal: no civil remedy for perjury; A.Y. lacks a legally protectable interest in the declaratory action. |
| Jury demand | No right to jury for wrongful-imprisonment declaration under R.C. 2743.48; historically no common-law jury right. | State is entitled to a jury to contest the declaration. | Strike upheld: no preserved common-law or statutory right to jury for this action; court did not abuse discretion. |
| Certification as "wrongfully imprisoned individual" (manifest weight) | A.Y.’s recantation (and supporting evidence) is credible and satisfies R.C. 2743.48, including that no offense was committed by Collier. | Recantation is unreliable and may be financially motivated; trial court erred in crediting it. | Affirmed: trial court’s findings supported by competent, credible evidence; no manifest miscarriage of justice. |
| State’s motion for new trial | N/A (Collier opposed) | Trial court abused discretion; weight of evidence, jury entitlement, and R.C. 2743.48 defects warrant new trial. | Denied: court did not abuse discretion; previously rejected grounds (weight, jury, statutory compliance). |
| Cumulative errors | N/A | Combined errors require reversal/new trial. | Rejected: no individual errors found, so cumulative-error doctrine does not apply. |
Key Cases Cited
- Doss v. State, 135 Ohio St.3d 211, 985 N.E.2d 1229 (Ohio 2012) (background on wrongful-imprisonment statute and claims against the State)
- Costell v. Toledo Hosp., 38 Ohio St.3d 221, 527 N.E.2d 858 (Ohio 1988) (public policy bars civil actions based on perjury/false testimony)
- Schmidt v. State Aerial Farm Statistics, Inc., 62 Ohio App.2d 48, 403 N.E.2d 1026 (Ohio App. 1978) (no civil action lies for damages caused by perjury)
- Morrow v. Reminger & Reminger Co., L.P.A., 183 Ohio App.3d 40, 915 N.E.2d 696 (Ohio App. 2009) (discussing public-policy bar to civil claims for perjury)
- Rumpke Sanitary Landfill, Inc. v. State, 128 Ohio St.3d 41, 941 N.E.2d 1161 (Ohio 2010) (who is a proper party: only those legally affected by the declaration)
- Eastley v. Volkman, 132 Ohio St.3d 328, 972 N.E.2d 517 (Ohio 2012) (standard for manifest-weight review)
- Blakemore v. Blakemore, 5 Ohio St.3d 217, 450 N.E.2d 1140 (Ohio 1983) (abuse-of-discretion standard)