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Wrongly Convicted Database Record
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Charge: |
Drug Related (Possession or sale) |
Sentence: |
"11 years with 10 year min., $20,000 fine, & forfeiture of house and automobiles." |
Years Imprisoned: |
6 |
Year Crime: |
1998 |
Year Convicted: |
2000 |
Year Cleared: |
2006 |
U.S. State or Country of Crime: |
Ohio |
County or Region of Crime: |
Clark |
City of Crime: |
Springfield |
Result: |
Judicially Exonerated |
Summary of Case: |
"Frank C. Davis was wrongly convicted on February 9, 2000 of one count of cocaine possession in Springfield, Ohio. The trial judge denied Davis' pre-trial motion to suppress evidence that he argued was seized from his residence during an illegal search, Facing a 23 year sentence if convicted of his indicted charges, Davis agreed to an Alford plea of no contest in exchange for the Clark County District Attorney's Office dismissing two counts of cocaine trafficking. Davis was sentenced to 11 years in prison, with a minimum term of 10 years; ordered to pay a $20,000 fine; and ordered to forfeit his residential property; a trailer; $87,493 in cash; and the title to 18 automobiles he owned. Davis was allowed to remain free on bond pending his appeal. Davis' appeal was denied on December 14, 2000, and he was taken into custody. After a series of five appeals, Davis' conviction was reversed by the Clark County Court of Appeals on March 31, 2006 based on the trial court's error of denying Davis' motion to suppress evidence seized from his residence because the police did not have probable cause to obtain a search warrant based on information from an alleged confidential informant. The Court's ruling stated: "There was no evidence to establish the reliability of the confidential informant, and the confidential informant did not observe a drug transaction take place at the residence." (State v. Davis, 166 Ohio App.3d 468, 2006-Ohio-1592 (Clark County App. Ct., 2006) The appeals court voided Davis' conviction. On September 29, 2006 the Court granted Davis' petition for a writ of mandamus ordering the State to immediately release Davis unless and until the State decided to reprosecute him. Davis was released on October 13, 2006. The State declined to retry Davis, and a motion by the Clark County DA's Office to dismiss his indictment was granted on February 7, 2007. On March 19, 2007 Davis filed a petition in the Clark County Court of Common Pleas requesting the sealing of his all records related to his charges, and the return of all his forfeitted property -- since his conviction of the crimes underlying their forfeiture had been dismissed. The State opposed Davis' petition on the basis that Davis had agreed to the forfeitures in exchange for the State reducing his charges -- and that the dismissal of his charges was irrelevant to the forfeiture of his property. The judge agreed with the State. Davis appealed. On February 22, 2008 the Clark County Court of Appeals affirmed the lower court's judgment, ruling that: "Davis struck a bargain with the State. In return for the State's agreement to reduce the charges against him, Davis agreed not to contest the forfeiture of the property listed in the indictment. It is not unreasonable to hold Davis to his bargain with the State." (State v. Davis, 2008 Ohio 753 - Ohio: Court of Appeals, 2nd Appellate Dist. 2008) After a series of state and federal proceedings related to Davis' attempts to be compensated for his five years and 10 months of imprisonment, on September 22, 2015 the Clark County Court of Appeals granted summary judgment for Davis that he had been wrongly imprisoned from the time his conviction was reversed on March 31, 2006, to October 13, 2006 when he was released. The Clark County Court of Common Pleas entered summary judgment that Davis had been wrongly imprisoned during that period of time. On March 25, 2016 Davis filed a complaint for compensation with the Ohio Court of Claims. On May 11, 2016 the Court of Claims approved payment of 50% of the anticipated total awards to Davis based on the current of payment of $51,901.58 per year ($142.20 per day) of wrongful imprisonment: $13,651.20 (50% of award of $27,302.40 for 192 days of wrongful imprisonment) The total award was subject to adjustment based on the final disposition, either after a trial or by a settlement between the State and Davis. Davis was unable to be compensated for his imprisonment from December 14, 2000 to March 31, 2006 because he had pled no contest. So although his conviction were erased. Davis lost millions of dollars in property to forfeiture and he was unable to be compensated for five years and 10 months of his imprisonment. On May 2, 2017 the Court of Claims issued an order that Davis' lawsuit was settled for $111,846.95." |
Conviction Caused By: |
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Innocence Proved By: |
"Davis' conviction was reversed by the Clark County Court of Appeals on March 31, 2006, and a motion by the Clark County DA's Office to dismiss his indictment was granted on February 7, 2007." |
Defendant Aided By: |
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Compensation Awarded: |
"$111,846.95 (State of Ohio, May 2, 2017)" |
Was Perpetrator Identified? |
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Age When Imprisoned: |
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Age When Released: |
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Sex: |
Male |
Skin/Ethnicity: |
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Information Source 1: |
"State v. Davis, 166 Ohio App.3d 468, 2006-Ohio-1592 (Clark County App. Ct., March 31, 2006) (Reversing conviction based on trial judge's erroneous denial of motion to suppress search warrant as not based on probable cause.)" |
Information Location 1: |
http://www.supremecourt.ohio.gov/rod/docs/pdf/2/2006/2006-Ohio-1592.pdf |
Information Source 2: |
"State v. Davis, 2006-Ohio-5306 (Granting mandamus and ordering immediate release of Davis.)" |
Information Location 2: |
http://www.supremecourt.ohio.gov/rod/docs/pdf/2/2006/2006-Ohio-5306.pdf |
Information Source 3: |
"State v. Davis, 2008 Ohio 753 (Ohio Court of Appeals, 2nd Appellate Dist. 2-22-2008) (Affirming forfeiture of Davis' property even though his conviction was reversed and the charges dismissed.)" |
Information Location 3: |
"https://scholar.google.com/scholar_case?case=15124094352700480141&q=frank+c+davis+2006&hl=en&as_sdt=4,36" |
Information Source 4: |
"Frank C. Davis v. State of Ohio, No. 2016-00251-WI (Ohio Ct. of Claims) (3-25-2016, Complaint For Compensation For Wrongful Imprisonment)" |
Information Location 4: |
http://cases.ohiocourtofclaims.gov/cgi-bin/wspd_cgi.sh/streamfile.p?Serial=160328001412052&Seq=1 |
Information Source 5: |
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Information Location 5: |
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Book About Case: |
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Book Information: |
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Book About Case (2): |
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Book Information (2): |
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Movie About Case: |
"$13,651" |
Comments About Case: |
Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org