Doss v. State
135 Ohio St. 3d 211
| Ohio | 2012Background
- Doss was convicted in 2006 of rape and kidnapping and sentenced to prison, plus restitution and a fine.
- On appeal, Doss’s convictions were vacated for insufficient evidence, and he was discharged from prison.
- Doss later sought compensation under R.C. 2743.48 in common pleas court, moving for summary judgment relying on the vacatur.
- The trial court granted summary judgment, interpreting the vacatur as proof of innocence.
- Court of Appeals affirmed, holding that vacatur could establish innocence for purposes of wrongful imprisonment.
- The Supreme Court reversed, holding affirmative proof of innocence by preponderance is required under R.C. 2743.48(A)(5).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is affirmative proof of innocence required under R.C. 2743.48(A)(5)? | Doss relies on vacatur as evidence of innocence. | Vacatur cannot alone establish actual innocence; must show preponderance of evidence. | Yes; must prove actual innocence by preponderance. |
| May a trial court rely solely on an appellate reversal to grant summary judgment? | Vacatur supports eligibility. | Need affirmative innocence proof, not mere vacatur. | No; cannot rely only on vacatur. |
| Does an appeal-based insufficiency ruling equate to innocence? | Acquittal/insufficiency implies innocence. | Insufficiency does not prove innocence. | No; insufficiency does not equal actual innocence. |
| What is the proper burden of proof for wrongful imprisonment claims? | Preponderance based on vacatur. | Preponderance required to show innocence under statute. | Preponderance of the evidence required. |
Key Cases Cited
- Walden v. State, 47 Ohio St.3d 47 (1989) (acquittal does not automatically prove innocence; affirmative innocence required)
- Griffith v. Cleveland, 128 Ohio St.3d 35 (2010) (two-step process; threshold eligibility before Court of Claims)
- Ratcliff v. State, 94 Ohio App.3d 179 (1994) (insufficiency does not prove innocence; not automatic entitlement)
- Tubbs Jones v. Suster, 84 Ohio St.3d 70 (1998) (establishes affirmative innocence burden under 2743.48(A)(5))
- Chandler v. State, 95 Ohio App.3d 142 (1994) (insufficiency acquittal not same as innocence)