Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

In re Rouse

Court of Claims of Ohio

June 14, 2016

IN RE: ADON ROUSE ADON ROUSE Applicant

          Sent to S.C. Reporter 5/23/17

          DECISION OF THE MAGISTRATE

          Daniel R. Borchert, Magistrate

         {¶1} On May 20, 2015, applicant, Adon Rouse, filed a compensation application as a result of being assaulted on February 5, 2015. On September 17, 2015, the Attorney General issued a finding of fact and decision determining that applicant met the necessary jurisdictional requirements to qualify as a victim of criminally injurious conduct pursuant to R.C. 2743.51(C)(1). Applicant was granted an award of reparations in the amount of $4, 531.50. However, applicant's claim for replacement services loss was denied due to the failure to provide adequate documentation.

         {¶2} On December 16, 2015, the Attorney General reconsidered the initial decision, pursuant to R.C. 2743.61(A), and issued a Final Decision denying applicant's claim for an award of reparations since during the pendency of the claim, applicant was charged with one count of Burglary, a second degree felony; one count of Grand Theft, a felony of the third degree; one count of Theft, a felony of the fifth degree; and one count of Having Weapons While Under Disability, a third degree felony. Accordingly, the Attorney General denied applicant's claim.

         {¶3} On January 8, 2016, applicant filed a notice of appeal from the Final Decision of the Attorney General issued on December 16, 2015.

         {¶4} On February 17, 2016, the Attorney General submitted a supplemental transmission which included a Journal Entry from the Cuyahoga County Court of Common Pleas dated January 14, 2016, which revealed applicant plead guilty to Aggravated Burglary, a felony of the third degree and Attempted Grand Theft, a felony of the fourth degree. The Attorney General's investigation also revealed he was arrested for these offenses on September 17, 2015, the same day they occurred.

          {¶5} A hearing was held before this magistrate on April 19, 2016 at 1:30 p.m. Matthew Shaughnessy appeared on behalf of applicant, while Associate Assistant Attorney General Lauren Angell and Assistant Attorney General Yan Chen appeared on behalf of the state of Ohio.

         {¶6} The Attorney General related since March 18, 1983, when the Ohio Crime Victim's Compensation Act was amended, claims must be denied if an applicant engaged in felonious conduct during the pendency of the claim.

         {¶7} The Attorney General related on February 5, 2015, applicant was assaulted. On September 17, 2015, he committed Aggravated Burglary and was arrested and charged the same day. On September 17, 2015, unaware of applicant's felonious conduct, the Attorney General rendered a decision in favor of applicant. However, prior to paying the award to applicant, the Attorney General became aware of applicant's felonious conduct. The Attorney General became cognizant of this fact during the 30-day appeal period provided by R.C. 2743.61(A), and accordingly, waited for the conclusion of the criminal matter. On December 15, 2015, applicant plead guilty to Aggravated Burglary and Attempted Grand Theft, both felony offenses.

         {¶8} Therefore, based on this information, the Attorney General issued a Final Decision, pursuant to its own motion, denying applicant's claim pursuant to R.C. 2743.60(E). On January 14, 2016, applicant was sentenced on all charges.

         {¶9} The Attorney General argued pursuant to R.C. 2743.60(E)(1)(a) & (c), this court and the Attorney General are prohibited from issuing an award to an applicant. Accordingly, the Attorney General's Final Decision should be affirmed.

         {¶10} Applicant argued that the court must determine when the pendency of the claim stops. In the case at bar, applicant was granted an award of reparations in the amount of $4, 531.50, on September 17, 2015. Applicant submitted Request for Full Payment and Waiver of Reconsideration on October 19, 2015, but payment was not forthcoming. On December 16, 2015, the Attorney General, on its own motion, issued a Final Decision denying applicant's claim based on his felony conviction even though the sentencing hearing didn't occur until January 14, 2016.

         {¶11} Applicant urges this court to interpret the statute as written, and accordingly, reverse the Attorney General's Final Decision and grant an award of reparations in favor of applicant.

         {¶12} The Attorney General called Wendell Caulley, finance specialist with the Attorney General's office to testify. Mr. Caulley related that it is his department's responsibility to see that ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.