Terry R. Swalley

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Charge:	Drug Related (Possession or sale)
Sentence:	2 years
Years Imprisoned:	1.26
Year Crime:	2009
Year Convicted:	2010
Year Cleared:	2011
U.S. State or Country of Crime:	Ohio
County or Region of Crime:	Ashtabula
City of Crime:	Ashtabula
Result:	Judicially Exonerated
Summary of Case:	"Terry R. Swalley was wrongly convicted of one count of possessing material to make methamphetamine in Ashtabula County, Ohio. Swalley was sentenced to two years imprisonment. Swalley appealed. On April 29, 2011 the Ohio Court of Appealed reversed Swalley's conviction and ordered dismissal of his indictment based on the prosecution's failure to introduce suffiicent evidence to prove his guilt beyond a reasonable doubt of every essential element of his convicted crime. The Court ruled the State relied on some chemical materials that weren't found directly in his possession and others were used to treat a skin infection. After being imprisoned on February 3, 2010, Swalley was released on May 9, 2011. On January 9, 2012 Swalley filed a wrongful imprisonment claim with the Ohio Ct. of Claims. On June 7, 2012 the trial court granted the State's motion for summary judgment, dismissing Swalley's Affidavit based on the 2011 Ct. of Appeals ruling was not sufficient to establish he was eligible for compensation under the statute. Swalley appealed. On December 17, 2012 the Ohio Ct. of Appeals reversed the lower court ruling based on Swalley's Affidavit supporting his claim created a material issue of fact that was not overcome by the State's unsupported summary judgment motion. On November 25, 2013 the Ashtabula County, Ohio Court of Common Pleas issued a judgment that Swalley established he was a wrongfully imprisoned individual in accordance with Ohio R.C. 2743-48. The State of Ohio did not appeal the ruling. On July 6, 2015 the Ohio Court of Claims approved a settlement of Swalley's claim by awarding Terry Swalley compensation of $72,531.73 for his 461 days of wrongful imprisonment. The judgement was distributed as follows: $28,296.91 to Swalley, $38,750 to his attorney Ariana Tarighati, and $5,484.82 to the Clerk of Court for Ashtabula County, Ohio."
Conviction Caused By:
Innocence Proved By:	"On November 25, 2013 the Ashtabula County, Ohio Court of Common Pleas issued a judgment that Swalley established he was a wrongfully imprisoned individual in accordance with Ohio R.C. 2743-48. The State of Ohio did not appeal the ruling."
Defendant Aided By:
Compensation Awarded:	"$72,531.73 (July 6, 2015, State of Ohio) ($28,296.91 to Swalley, $38,750 to attorney Ariana Tarighati, and $5,484.82 to Clerk of Court in Jefferson, Ohio.)"
Was Perpetrator Identified?
Age When Imprisoned:	40
Age When Released:	41
Sex:	Male
Skin/Ethnicity:	White
Information Source 1:	"State v. Swalley, 2011-Ohio-2092 (OH Ct. of Appeals, 4-29-2011) (Reversing conviction and ordering dismissal of indictment based on insufficient evidence of guilt.)"
Information Location 1:	https://cases.justia.com/ohio/eleventh-district-court-of-appeals/2011-ohio-2092.pdf
Information Source 2:	"Swalley v. State, 2012-Ohio-5931 (OH Ct. of Appeals, 11th Appellate Dist., 12-17-2012) (Reversing trial court's grant of summary judgment to the State, and remanding)"
Information Location 2:	http://www.supremecourt.ohio.gov/rod/docs/pdf/11/2012/2012-ohio-5931.pdf
Information Source 3:	"Terry Swalley v. The State of Ohio, No. 2014-00854 WI (OH Ct. of Claims, 7-6-2015) (Awarding compensation and attorney fees with the State of Ohio stipulating to the amunts.)"
Information Location 3:	http://cases.ohiocourtofclaims.gov/cgi-bin/wspd_cgi.sh/streamfile.p?Serial=150706001389900&Seq=1
Information Source 4:	"Wrongfully Imprisoned Man Settles for $30,000, By Jenna Gant, Court News Ohio, February 3, 2015"
Information Location 4:	http://www.courtnewsohio.gov/cases/2015/COC/0203/2014-00854-WI.asp#.VhAviPsS29U
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Information Location 5:
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Terry R. Swalley

Charge:

Drug Related (Possession or sale)

Sentence:

2 years

Years Imprisoned:

1.26

Year Crime:

2009

Year Convicted:

2010

Year Cleared:

2011

U.S. State or Country of Crime:

Ohio

County or Region of Crime:

Ashtabula

City of Crime:

Ashtabula

Result:

Judicially Exonerated

Summary of Case:

Conviction Caused By:

Innocence Proved By:

"On November 25, 2013 the Ashtabula County, Ohio Court of Common Pleas issued a judgment that Swalley established he was a wrongfully imprisoned individual in accordance with Ohio R.C. 2743-48. The State of Ohio did not appeal the ruling."

Defendant Aided By:

Compensation Awarded:

"$72,531.73 (July 6, 2015, State of Ohio) ($28,296.91 to Swalley, $38,750 to attorney Ariana Tarighati, and $5,484.82 to Clerk of Court in Jefferson, Ohio.)"

Was Perpetrator Identified?

Age When Imprisoned:

40

Age When Released:

41

Sex:

Male

Skin/Ethnicity:

White

Information Source 1:

"State v. Swalley, 2011-Ohio-2092 (OH Ct. of Appeals, 4-29-2011) (Reversing conviction and ordering dismissal of indictment based on insufficient evidence of guilt.)"

Information Location 1:

https://cases.justia.com/ohio/eleventh-district-court-of-appeals/2011-ohio-2092.pdf

Information Source 2:

"Swalley v. State, 2012-Ohio-5931 (OH Ct. of Appeals, 11th Appellate Dist., 12-17-2012) (Reversing trial court's grant of summary judgment to the State, and remanding)"

Information Location 2:

http://www.supremecourt.ohio.gov/rod/docs/pdf/11/2012/2012-ohio-5931.pdf

Information Source 3:

"Terry Swalley v. The State of Ohio, No. 2014-00854 WI (OH Ct. of Claims, 7-6-2015) (Awarding compensation and attorney fees with the State of Ohio stipulating to the amunts.)"

Information Location 3:

http://cases.ohiocourtofclaims.gov/cgi-bin/wspd_cgi.sh/streamfile.p?Serial=150706001389900&Seq=1

Information Source 4:

"Wrongfully Imprisoned Man Settles for $30,000, By Jenna Gant, Court News Ohio, February 3, 2015"

Information Location 4:

http://www.courtnewsohio.gov/cases/2015/COC/0203/2014-00854-WI.asp#.VhAviPsS29U

Information Source 5:

Information Location 5:

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