Doss v. State’s Empirical Analysis

Citation profile

71 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 71 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) The individual was charged with a violation of a section of the Revised Code by an indictment or information, and the violation charged was an aggravated felony or felony. (2) The individual was found guilty of, but did not plead guilty to, the particular charge or a lesser-included offense by the court or jury involved, and the offense of which the individual was found guilty was an aggravated felony or felony. (3) The individual was sentenced to an indefinite or definite term of imprisonment in a state correctional institution for the offense of which the individual was found guilty. (4) The individual’s conviction was vacated, dismissed, or reversed'on appeal, the prosecuting attorney in the case cannot or will not seek any further appeal of right or upon leave of court, and no criminal proceeding is pending, can be brought, or will be brought by any prosecuting attorney, city director of law, village solicitor, or other chief legal officer of a municipal corporation against the individual for any act associated with that conviction. (5) Subsequent to sentencing and during or subsequent to imprisonment, an error in procedure resulted in the individual’s release, or it was determined by the court of common pleas in the county where the underlying criminal action was initiated that the charged offense, including all lesser-included offenses, either was not committed by the individual or was not committed by any person.”

   6 later decisions quote this exact passage · from the dissent
   e.g. Honeycutt v. Ohio · Lemons v. State

2. “The General Assembly has developed a two-step process to compensate those who have been wrongfully imprisoned. The first step is an action in the common pleas court seeking a preliminary factual determination of wrongful imprisonment; the second step is an action in the Court of Claims to recover money damages. Griffith v. Cleveland, 128 Ohio St.3d 35, 2010-Ohio-4905 , 941 N.E.2d 1157 , paragraph two of the syllabus. The wrongful-imprisonment statute, R.C. 2743.48, was added to the Revised Code in 1986 by Sub.H.B. No. 609 “to authorize civil actions against the state, for specified monetary amounts, in the Court of Claims by certain wrongfully imprisoned individuals.” 141 Ohio Laws, Part III, 5351. The statute was designed to replace the former practice of compensating those wrongfully imprisoned by ad hoc moral-claims legislation. Walden v. State, 47 Ohio St.3d 47, 49 , 547 N.E.2d 962 (1989). Under the statutory scheme, a claimant must be determined to be a “wrongfully imprisoned individual” by the court of common pleas before being permitted to file for compensation against the state of Ohio in the Court of Claims. R.C. 2305.02 and 2743.48(B)(2); Griffith v. Cleveland, paragraph two of the syllabus.”

   2 later decisions quote this exact passage · from the dissent
   e.g. Lemons v. State · Dunbar v. State

3. “One who claims to be a 'wrongfully imprisoned individual' under R.C. 2743.48 -3- Warren CA2015-05-042 must prove all of the factors in R.C. 2743.48(A) by a preponderance of the evidence before seeking compensation from the state for wrongful imprisonment.”

   2 later decisions quote this exact passage · from the dissent
   e.g. Honeycutt v. Ohio · Bode v. Fairfield Cty. Pros. Atty.'s Office