In re Lambert

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[Cite as In re Lambert, 2005-Ohio-5671.] IN THE COURT OF CLAIMS OF OHIO VICTIMS OF CRIME DIVISION www.cco.state.oh.us IN RE: AARON J. LAMBERT : Case No. V2005-80355 AARON J. LAMBERT : ORDER OF A THREECOMMISSIONER PANEL Applicant : : : : : : {¶ 1} The applicant filed a reparations application seeking reimbursement of expenses incurred with respect to a July 22, 2004 assault incident. On December 14, 2004, the Attorney General denied the applicant s claim pursuant to R.C. 2743.60(A) since the applicant failed to file a police report. On January 10, 2005, the applicant filed a request for reconsideration. On March 21, 2005, the Attorney General granted the applicant an award in the amount of $693.30. On April 29, 2005, the applicant filed a notice of appeal to the Attorney General s March 21, 2005 Final Decision. On July 28, 2005, the Attorney General filed a Supplemental Brief indicating the applicant should be granted an award in the amount of $665.23. Hence, this matter came to be heard before this panel of three commissioners on July 28, 2005 at 10:40 A.M. {¶ 2} Neither the applicant nor anyone on his behalf appeared at the hearing. An Assistant Attorney General attended the hearing and presented brief comments for the panel s consideration. The Assistant Attorney General indicated that the applicant, as noted in the July 28, 2005 Supplemental Brief, should be granted an award in the amount of $665.23. After entertaining questions from the bench concerning the applicant s economic loss, the Assistant Case No. V2005-80355 -1- ORDER Attorney General indicated that she would file a Supplemental Memorandum clarifying any discrepancies. The panel chairman concluded the hearing. On August 8, 2005, the Attorney General filed a Supplemental Memorandum indicating that the applicant should only be awarded $665.23 in economic loss. {¶ 3} From review of the file, we find that the applicant incurred economic loss in the amount of $665.23. Therefore, the March 21, 2005 decision of the Attorney General shall be modified to grant the applicant a total award in the amount of $665.23. IT IS THEREFORE ORDERED THAT 1) The March 21, 2005 decision of the Attorney General is MODIFIED to render judgment in favor of the applicant in the amount of $665.23; 2) This claim is remanded to the Attorney General for payment of the award; 3) This order is entered without prejudice to the applicant s right to file a supplemental compensation application, within five years of this order, pursuant to R.C. 2743.68; Case No. V2005-80355 -1- ORDER 4) Costs are assumed by the court of claims victims of crime fund. _______________________________________ JAMES H. HEWITT III Commissioner _______________________________________ LLOYD PIERRE-LOUIS Commissioner _______________________________________ RANDI OSTRY LE HOTY Commissioner ID #\5-dld-tad-080905 A copy of the foregoing was personally served upon the Attorney General and sent by regular mail to Hamilton County Prosecuting Attorney and to: Filed 9-15-2005 Jr. Vol. 2258, Pgs. 74-76 To S.C. Reporter 10-25-2005 Case No. V2005-80355 -1- ORDER

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