Mansaray v. State, 2012 Ohio 3376

Mansaray was indicted in January 2007 on drug trafficking, drug possession, possessing criminal tools, and weapon under disability, with major drug offender and firearm specifications.
A suppression motion was denied before trial; evidence obtained from Mansaray’s home was admitted at trial.
Jury found Mansaray guilty of possession and possessing criminal tools, but not trafficking; weapon under disability was found guilty in a bifurcated proceeding.
Mansaray was sentenced to 11 years in October 2007.
On appeal, this court in Mansaray (2010) reversed the suppression denial, finding the U.S. Marshals violated Fourth Amendment rights; the indictment was dismissed following that result.
In September 2011 Mansaray filed a wrongful imprisonment action under R.C. 2743.48 against the State, arguing an error in procedure led to his release.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Interpretation of R.C. 2743.48(A)(5)	Mansaray contends the statute's plain text requires the error to occur after sentencing or imprisonment.	State argues the error must occur after sentencing or during imprisonment to qualify.	Statute read liberally; error before sentencing can satisfy (A)(5); dismissal reversed and remanded.

Larkins v. State, 2009-Ohio-3242 (10th Dist. 2009) ( Brady violation before sentencing constitutes error in procedure under R.C. 2743.48(A)(5))
State ex rel. Richard v. Bd. of Trustees of the Police & Firemen’s Disability & Pension Fund, 69 Ohio St.3d 409 (1994-Ohio-126) (statutory construction principles; avoid absurd results)
Asti v. Ohio Dept. of Youth Servs., 2005-Ohio-6432 (Ohio Supreme Court 2005) (avoid unreasonable or absurd results in statute/rule construction)
Dunbar v. State, 2012-Ohio-707 (8th Dist. 2012) (wrongful imprisonment statute construed liberally)
Lomg? (example placeholder), 11 A.3d 1180 (Del. 1989) (irreparable harm considerations for provisional relief)