Is Defendant Who Entered Guilty Plea Eligible to Recover From State Under Wrongful Imprisonment Statute?

In Case Where Defendant's Plea and Conviction Were Later Vacated on Appeal

Lang Dunbar v. State of Ohio, Case no. 2012-0565

Eighth District Court of Appeals (Cuyahoga County)

ISSUE: Does a provision of the state's wrongful imprisonment statute that limits recovery to persons who "did not plead guilty" to the offense(s) for which they were imprisoned bar a claim against the state by a defendant who was imprisoned after entering a guilty plea, but whose plea and conviction were later vacated on appeal based on a finding that the trial court erred in accepting the guilty plea?