Martin v. State

Citations

• 2022 Ohio 2580

Syllabus

Wrongful imprisonment aggravated assault preclusive effect independent review R.C. 2743.48(A)(5) actual innocence self-defense deadly weapon preponderance of the evidence summary judgment Civ.R. 56 de novo. Summary judgment in favor of the state in appellant's wrongful-imprisonment action was upheld where no genuine issue of material fact existed as to whether the appellant was acting in self-defense when he shot an unarmed man in a police station parking lot. Reasonable minds could only conclude that appellant voluntarily entered the encounter and that he exceeded the force reasonably necessary for self-defense. The appellant could not prove his actual innocence by a preponderance of the evidence. Also, the record did not support appellant's assertions that the trial court failed to conduct an independent review of the evidence or that the trial court gave the findings in the criminal case preclusive effect.