In re Anderson
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[Cite as In re Anderson, 2005-Ohio-4230.] IN THE COURT OF CLAIMS OF OHIO VICTIMS OF CRIME DIVISION www.cco.state.oh.us IN RE: TONYA M. ANDERSON : Case No. V2004-61110 TONYA M. ANDERSON : DECISION Applicant : Judge J. Craig Wright : : : : : : : {¶ 1} This matter came on to be considered upon applicant s appeal from the March 23, 2005, order issued by the panel of commissioners. The panel s determination affirmed the final decision of the Attorney General, which denied applicant s claim for an award of reparations based upon the finding that applicant failed to prove that she was a victims of criminally injurious conduct, failed to file a police report concerning the alleged incident, and failed to file a reparations application within two years of the alleged incident. {¶ 2} R.C. 2743.52(A) places the burden of proof on an applicant to satisfy the Court of Claims Commissioners that the requirements for an award have been met by a preponderance of the evidence. In re Rios (1983), 8 Ohio Misc.2d 4, 8 OBR 63, 455 N.E.2d 1374. The panel found, upon review of the evidence, that applicant failed to present sufficient evidence to meet her burden. {¶ 3} Neither applicant nor anyone on her behalf attended the hearing. {¶ 4} The standard for reviewing claims that are appealed to the court is established by R.C. 2743.61(C), which provides in Case No. V2004-61110 pertinent part: -2- DECISION If upon hearing and consideration of the record and evidence, the judge decides that the decision of the panel of commissioners is unreasonable or unlawful, the judge shall reverse and vacate the decision or modify it and enter judgment on the claim. The decision of the judge of the court of claims is final. {¶ 5} Upon review of the file in this matter, the court finds that the panel of commissioners was not arbitrary in finding that applicant did not show by a preponderance of the evidence that she was entitled to an award of reparations. {¶ 6} Based on the evidence and R.C. 2743.61, it is the court s opinion that the decision of the panel of commissioners was reasonable and lawful. Therefore, this court affirms the decision of the three-commissioner panel, and hereby denies applicant s claim. J. CRAIG WRIGHT Judge IN THE COURT OF CLAIMS OF OHIO VICTIMS OF CRIME DIVISION www.cco.state.oh.us IN RE: TONYA M. ANDERSON : Case No. V2004-61110 TONYA M. ANDERSON : ORDER Applicant : Judge J. Craig Wright : : : : : : : Case No. V2004-61110 -2- DECISION Upon review of the evidence, the court finds the order of the panel of commissioners must be affirmed and applicant s appeal must be denied. IT IS HEREBY ORDERED THAT: 1) The order of March 23, 2005, (Jr. Vol. 2256, Pages 163-164) is approved, affirmed and adopted; 2) This claim is DENIED and judgment entered for the State of Ohio; 3) Costs assumed by the reparations fund. J. CRAIG WRIGHT Judge AMR/cmd A copy of the foregoing was personally served upon the Attorney General and sent by regular mail to Cuyahoga County Prosecuting Attorney and to: Filed 7-27-2005 Jr. Vol. 2257, Pg. 180 To S.C. Reporter 8-12-2005
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