Johnston v. State (Slip Opinion), 144 Ohio St. 3d 311

Johnston was convicted by a three-judge panel of two counts of aggravated murder and sentenced to death; on appeal the convictions were reversed and remanded for a new trial; after remand the state nolled the indictment and Johnston was released after over six years on death row.
Johnston filed a wrongful imprisonment claim under former R.C. 2743.48, which the trial court dismissed in 1993 for failure to prove innocence by a preponderance of the evidence.
In 2003 the General Assembly amended R.C. 2743.48 to include those released due to a procedural error occurring after sentencing, expanding the definition of a wrongfully imprisoned individual.
Chester McKnight later pled guilty to the murders, and Johnston filed a second wrongful imprisonment claim under the amended statute; the trial court granted summary judgment for Johnston, but the appellate court reversed, holding the amendment not retroactive as to Johnston’s pre-amendment injury.
The Supreme Court accepted review to decide whether the 2003 amendment applies retroactively to actions filed after the amendment’s effective date but arising from events occurring before it.
The Court ultimately held that the 2003 amendment applies retroactively to permit litigation of claims filed under the amended statute regardless of when the original imprisonment occurred.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Retroactivity of the 2003 amendment to R.C. 2743.48	Johnston argues the amendment is retroactive and should allow his second claim.	The State contends the amendment is not retroactive as to Johnston.	The amendment applies retroactively, permitting Johnston’s claim.

Smith v. Smith, 109 Ohio St.3d 285 (2006 Ohio 2419) (retroactivity analysis framework; two-step test for retroactivity)
Bielat v. Bielat, 87 Ohio St.3d 350 (2000) (Retroactivity requires clear legislative intention and proper substantive/remedial categorization)
Longbottom v. Mercy Hosp. Clermont, 137 Ohio St.3d 103 (2013) (applies retroactivity when statute expresses legislative intent and affects state’s liability)
State ex rel. Sweeney v. Donahue, 12 Ohio St.2d 84 (1967) (retroactivity framework recognizing state interests and vested rights)
Mansaray v. State, 138 Ohio St.3d 277 (2014-Ohio-750) (relevance to Brady/trial-error considerations influencing retroactivity)