Legal Opinion

Johnston v. State (Slip Opinion)

Ohio Supreme Court

Decided October 28, 2015No. 2014-0530PublishedCited by 8 opinions

1Opinion of the CourtO’Donnell, J.

{¶ 1} The issue presented on this appeal is whether Dale Johnston can prosecute a second claim for wrongful imprisonment based on the 2003 amendment to R.C. 2743.48.

{¶ 2} The undisputed facts reveal that a panel of three judges found Johnston guilty of two counts of aggravated murder involving the deaths of his stepdaughter, Margaret Annette Cooper, a.k.a. Margaret Annette Johnston, and her fiancé, Todd Schultz, whose dismembered torsos were found in the Hocking River and whose arms, legs, and heads were buried in a cornfield adjacent to the river. The court sentenced Johnston to death on…

2Cases cited12 opinions

  1. Brady v. MarylandSupreme Court of the United States · 1963
  2. District Attorney's Office for the Third Judicial District v. OsborneSupreme Court of the United States · 2009
  3. Van Fossen v. Babcock & Wilcox Co.Ohio Supreme Court · 1988
  4. State v. JohnstonOhio Supreme Court · 1988
  5. Phung v. Waste Management, Inc.Ohio Supreme Court · 1994

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3Cited by8 opinions

  1. Lemons v. StateOhio Court of Appeals · 2020
  2. Brown v. StateOhio Court of Appeals · 2019
  3. Johnston v. StateOhio Court of Appeals · 2016
  4. Lemons v. State, Court of Appeals of Ohio, Eighth District, Cuyahoga County2017
  5. Lemons v. StateOhio Court of Appeals · 2017

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