Derrico v. State

Citations

• 2019 Ohio 1767

Syllabus

Civ.R. 15(A)/motion to amend complaint prima facie R.C. 2743.48 (A)(2). The trial court did not err where it dismissed appellant's complaint with prejudice and denied appellant's motion to amend appellant's complaint. Appellant filed his motion to amend the complaint outside of the time constraints of Civ.R. 15(A) and failed to make a prima facie showing that he met the criteria under R.C. 2743.48(A)(2) for wrongfully imprisoned individuals. Appellant pleaded guilty to the offenses and thereby became ineligible to file a claim under R.C. 2743.48(A)(2). Further, appellant did not challenge the constitutionality of R.C. 2743.48(A)(2) in the lower court, and therefore appellant's argument is not properly before this court.