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Is Man Convicted for Killing Attacker in His Home Eligible for Wrongful Imprisonment Compensation?
State of Ohio v. C.K., Case No. 2014-0735
Eighth District Court of Appeals (Cuyahoga County)
ISSUES:
- In Ohio's wrongful imprisonment statute, do the words "can be brought" regarding a future criminal proceeding simply mean "be able to," or does it also imply the case is "factually supportable?"
- Does exoneration of a murder charge under Ohio's "castle doctrine" make it impossible to retry a suspect for murder thereby making the individual eligible to claim compensation for wrongful imprisonment?
State of Ohio v. C.K., Case No. 2014-0735
Eighth District Court of Appeals (Cuyahoga County)
ISSUES:
- In Ohio's wrongful imprisonment statute, do the words "can be brought" regarding a future criminal proceeding simply mean "be able to," or does it also imply the case is "factually supportable?"
- Does exoneration of a murder charge under Ohio's "castle doctrine" make it impossible to retry a suspect for murder thereby making the individual eligible to claim compensation for wrongful imprisonment?
May 19, 2015