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WALDEN v. STATE

Nos. 88-1434 and 88-1440, 88-1435 and 88-1439.

47 Ohio St. 3d 47 (1989)

WALDEN, APPELLEE AND CROSS-APPELLANT, v. THE STATE OF OHIO, APPELLANT AND CROSS-APPELLEE. ELLIS, APPELLEE AND CROSS-APPELLANT, v. THE STATE OF OHIO, APPELLANT AND CROSS-APPELLEE.

Supreme Court of Ohio.

Decided November 29, 1989.

Attorney(s) appearing for the Case

Wristen & Ucker Co., L.P.A., David A. Ucker and Ellen L. Wristen, for appellees and cross-appellants.

Anthony J. Celebrezze, Jr., attorney general, Simon B. Karas and Mark T. D'Alessandro; Michael J. Miller, prosecuting attorney, and William J. Owen, supplementary counsel, for appellant and cross-appellee.

David L. Landefeld, prosecuting attorney, urging reversal in case Nos. 88-1434 and 88-1435, and affirmance in case Nos. 88-1439 and 88-1440, for amicus curiae Ohio Prosecuting Attorneys Association.

H. BROWN, J.

These cases present our first opportunity to construe Ohio's wrongful imprisonment statutes, R.C. 2305.02 and 2743.48. These statutes were added to the Revised Code in 1986 by Sub. H.B. No. 609 "to authorize civil actions against the state, for specified monetary amounts, in the Court of Claims by certain wrongfully imprisoned individuals" (141 Ohio Laws, Part III, 5351), replacing the former practice of compensating wrongfully imprisoned persons by ...

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