When Does an Error in Procedure Have to Occur to Meet a Requirement of the Wrongful Imprisonment Statute?
State of Ohio v. Yanko Mansaray, Case no. 2012-1727
Eighth District Court of Appeals (Cuyahoga County)
Is an unreasonable search and seizure that led to the reversal of a conviction in a criminal case an "error in procedure" required for a civil claim for wrongful imprisonment?
If the alleged error in procedure occurs when a trial court allows evidence later inadmissible as an unreasonable search and seizure and the state decides not to retry the case, does the wrongful imprisonment statute bar an action?
Must an error in procedure in a criminal case occur before or after sentencing and imprisonment for it to meet the statute's fifth requirement for wrongful imprisonment?
When hearing this particular wrongful imprisonment civil action, did the trial court improperly take judicial notice of evidence from the criminal case?