2014 Ohio 1452
Ohio Ct. App.2014Background
- Johnston was convicted of aggravated murder in the 1980s; his convictions were reversed on appeal and the case was remanded, with indictment later dismissed.
- In 1990, Johnston filed a civil action for wrongful imprisonment under R.C. 2743.48; a 1993 dismissal followed due to lack of proof of actual innocence.
- SB 149, effective April 9, 2003, amended R.C. 2743.48 to allow an alternative ground—errors in procedure—for wrongful imprisonment claims, in addition to actual innocence.
- In 2008, Johnston filed a second wrongful-imprisonment action asserting both actual innocence and a procedural-error theory.
- The parties cross-moved for summary judgment; the trial court granted Johnston summary judgment in 2012 on several theories, including retroactive application of the 2003 amendments.
- The State appeals, challenging the retroactivity of the 2003 amendments and other related rulings; the appellate court ultimately sustains the retroactivity challenge and reverses the trial court on that ground.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the 2003 amendments to RC 2743.48 apply retroactively. | Johnston | State of Ohio | Amendments not retroactive; prospective only. |
Key Cases Cited
- Nelson v. State, 183 Ohio App.3d 83 (10th Dist. 2009) (retroactivity considerations for wrongful imprisonment claims)
- State v. Consilio, 114 Ohio St.3d 295 (2007-Ohio-4163) (de novo review of retroactivity principles; statutory interpretation framework)
- Hyle v. Porter, 117 Ohio St.3d 165 (2008-Ohio-542) (presumption of prospective operation unless retroactivity expressly proclaimed)
- Van Fossen v. Babcock & Wilcox Co., 36 Ohio St.3d 100 (1988) (retroactivity and construction rules for statutes)
- Hope Academy Broadway Campus v. State Dept. of Edn., 2008-Ohio-4694 (10th Dist. 2008) (ambiguous retroactivity language not enough to defeat presumption)