Legal Opinion

State v. Moore

Ohio Court of Appeals

Decided January 9, 2006PublishedCited by 19 opinions

1Opinion of the Court

McFarland, Judge.

{¶ 1} The state of Ohio appeals the Pike County Court of Common Pleas determination that Kenneth Walden Moore was a wrongfully imprisoned individual pursuant to R.C. 2743.48. The state contends that the trial court erred in entering its finding without holding a hearing on the matter. Because the trial court scheduled a hearing and took evidence on Moore’s motion, and because the state did not oppose Moore’s motion in any way, we disagree. The state also contends that Moore does not qualify as a wrongfully imprisoned individual, because he pleaded guilty to the offense for…

2Cases cited9 opinions

  1. McCarthy v. United StatesSupreme Court of the United States · 1969
  2. Seasons Coal Co. v. City of ClevelandOhio Supreme Court · 1984
  3. State ex rel. Tubbs Jones v. SusterOhio Supreme Court · 1998
  4. Walden v. StateOhio Supreme Court · 1989
  5. Gover v. StateOhio Supreme Court · 1993

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3Cited by19 opinions

  1. Dunbar v. StateOhio Supreme Court · 2013
  2. Nick C. Rhoades v. State of IowaSupreme Court of Iowa · 2016
  3. Dunbar v. StateOhio Court of Appeals · 2012
  4. Johnson v. StateOhio Court of Appeals · 2012
  5. State v. CollinsOhio Court of Appeals · 2019

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