DEMPSEY v. STATE

No. 94315.

2010 Ohio 5134

Jack M. Dempsey, Plaintiff-Appellant, v. State of Ohio, Defendant-Appellee.

Court of Appeals of Ohio, Eighth District, Cuyahoga County.

RELEASED AND JOURNALIZED: October 21, 2010.


Attorney(s) appearing for the Case

Michael L. Fine, Ronald Frederick & Associates, 55 Public Square, Suite 1300, Cleveland, Ohio 44113, David M. Smith, Zipkin Whiting Co., L.P.A., The Zipkin Whiting Building, 3637 South Green Road, Beachwood, Ohio 44122, Attorneys for Appellant.

William D. Mason, Cuyahoga County Prosecutor, Paul J. Cristallo, Assistant County Prosecutor, Justice Center, 8th Floor, 1200 Ontario Street, Cleveland, Ohio 44113, Attorneys for Appellee.

Before: Boyle, J., Gallagher, A.J., and Jones, J.


JOURNAL ENTRY AND OPINION

MARY J. BOYLE, J.

{¶ 1} Plaintiff-appellant, Jack Dempsey, filed the underlying declaratory judgment, seeking a declaration that he was a wrongfully imprisoned individual pursuant to R.C. 2743.48, following his acquittal of aggravated arson and burglary. Both Dempsey and the defendant-appellee, State of Ohio, filed cross motions for summary judgment. Dempsey now appeals from the lower court's decision granting...

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