Does Reversal of Conviction Based on Insufficient Evidence Entitle Defendant to Sue State for Wrongful Imprisonment?
Or Must Defendant Affirmatively Prove 'Actual Innocence' to Establish Right to Recovery
Iran Doss v. State of Ohio, Case no. 2012-0162
Eighth District Court of Appeals (Cuyahoga County)
ISSUE: When a criminal defendant has been convicted of an offense and served part of a prison term for that conviction, if the conviction is reversed based on a court of appeals' finding that the evidence presented at trial was not sufficient to prove the charged offense, is that reversal, without more, sufficient to support a subsequent summary judgment that the defendant qualifies as a "wrongfully imprisoned individual" eligible to sue the state for damages?