Background

• Norman was convicted in 1999 of two counts of aggravated murder and one count of kidnapping and sentenced to life without parole; this court affirmed the conviction on direct appeal.
• In December 2015 Norman filed a civil complaint for a declaratory judgment asserting the criminal judgment was void for lack of subject-matter jurisdiction because venue was improper (based on the victim’s death certificate issued in Fairfield County).
• Defendants-appellees were the Franklin County Prosecuting Attorney Ron O’Brien and Judge Dale A. Crawford; they moved to dismiss under Civ.R. 12(B)(6).
• Appellees argued a declaratory judgment cannot be used to collaterally attack a criminal conviction and asserted statutory immunity; Norman opposed dismissal.
• The trial court granted the motion to dismiss, holding declaratory relief is an improper vehicle to challenge a prior criminal conviction and thus did not reach immunity.
• Norman appealed; the appellate court reviewed the 12(B)(6) dismissal de novo and affirmed dismissal.

Issues

Key Cases Cited

• State ex rel. Hanson v. Guernsey Cty. Bd. of Commrs., 65 Ohio St.3d 545 (1992) (describing nature of Civ.R. 12(B)(6) and sufficiency review)
• Assn. for Defense of Washington Local School Dist. v. Kiger, 42 Ohio St.3d 116 (1989) (standard for motions to dismiss)
• Mitchell v. Lawson Milk Co., 40 Ohio St.3d 190 (1988) (complaint must be construed in plaintiff’s favor on a 12(B)(6) motion)
• Celeste v. Wiseco Piston, 151 Ohio App.3d 554 (2003) (complaint should be dismissed only when no set of facts would entitle plaintiff to relief)
• State v. Brooks, 133 Ohio App.3d 521 (1999) (a declaratory judgment action is improper to relitigate prior adjudicated rights)