Doss v. State
2011 Ohio 6429
Ohio Ct. App.2011Background
- Doss was indicted in 2005 on two counts of rape and one count of kidnapping with sexual motivation; convictions later entered in 2006 were for one rape and one kidnapping, with a four-year sentence.
- On appeal, this court in Doss I vacated the convictions due to insufficient evidence and ordered discharge from prison.
- In 2008, Doss filed a declaratory judgment action seeking a determination of wrongful imprisonment under R.C. 2743.48.
- In 2010 and 2011, Doss moved for summary judgment relying on Doss I; the State opposed arguing lack of proof of innocence by a preponderance of the evidence.
- The trial court granted summary judgment in Doss’s favor, and the State appealed on a sole assignment of error.
- The appellate court reviews a summary judgment de novo and must assess wrongful imprisonment under R.C. 2743.48(A).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether vacating a conviction proves innocence | Doss relies on Doss I to show innocence by vacating conviction | State argues vacatur does not prove preponderant innocence | Yes; judgment affirmed; vacatur alone does not prove innocence per se |
| Adequacy of evidence to establish innocence by preponderance | Doss lacks new evidence beyond transcripts; argues innocence shown | State contends insufficient evidence of innocence by preponderance | Uncontroverted trial-record evidence supports finding of no genuine issue of innocence |
| Proper application of R.C. 2743.48(A)(5) burden | Burden on petitioner to prove innocence by preponderance | State contends burden not met by relying on Doss I | Trial court properly applied burden; no genuine issue of material fact for innocence |
Key Cases Cited
- Jones v. Suster, 84 Ohio St.3d 70 (1998-Ohio-275) (two-step wrongful imprisonment framework; burden on plaintiff)
- Suster, 84 Ohio St.3d 70 (1998-Ohio-275) (same as above; guidance on proceedings)
- Ratcliff v. State, 94 Ohio App.3d 179 (1994-Ohio-???) (innocence not necessarily proven by lack of guilt beyond reasonable doubt)
- Ellis v. State, 64 Ohio St.3d 391 (1992-Ohio-25) (not sufficient to prove innocence from acquittal alone)
- Walden v. State, 47 Ohio St.3d 47 (1989-Ohio-275) (two-step approach to wrongful imprisonment; factual determination precedes damages)
- Dresher v. Burt, 75 Ohio St.3d 280 (1996-Ohio-???) (summary judgment burden on movant; no genuine issue of material fact)
- Horton v. Harwick Chem. Corp., Horton v. Harwick Chem. Corp. 73 Ohio St.3d 679 (1995-Ohio-) (summary judgment standard; de novo review differences)
- Zivich v. Mentor Soccer Club, 82 Ohio St.3d 367 (1998-Ohio-???) (clear framework for summary judgment proof)
- State ex rel. Jones v. Suster, 84 Ohio St.3d 70 (1998-Ohio-275) (established two-step process for wrongful imprisonment actions)
- State v. Doss, Cuyahoga App. No. 88443, 2008-Ohio-449 (2008-Ohio-449) (reversal of convictions based on insufficiency of evidence; relied upon in current matter)