In re Totten
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[Cite as In re Totten, 2004-Ohio-6194.]
IN THE COURT OF CLAIMS OF OHIO
VICTIMS OF CRIME DIVISION
IN RE: JAMES TOTTON
:
Case No. V2004-60342
JAMES TOTTON
:
ORDER OF A THREECOMMISSIONER PANEL
Applicant
:
: : : :
:
{¶ 1} On May 12, 2003, the applicant filed a reparations application seeking
reimbursement of expenses incurred with respect to a March 6, 2000 robbery incident. On
August 11, 2003, the Attorney General denied the applicant’s claim pursuant to R.C. 2743.56(B)
and R.C. 2743.60(A) contending that the applicant failed to file a reparations application within
two-years of the criminally injurious conduct. On August 18, 2003, the applicant filed a request
for reconsideration. On February 17, 2004, the Attorney General denied the applicant’s claim
for an award of reparations once again. On March 18, 2004, the applicant filed a notice of
appeal to the Attorney General’s February 17, 2004 Final Decision asserting that he was unable
to file a timely reparations application because he is illiterate. Hence, this matter came to be
heard before this panel of three commissioners on August 18, 2004 at 10:35 A.M.
{¶ 2} The pro se applicant and an Assistant Attorney General attended the hearing and
presented testimony and brief comments for the panel’s consideration.
Mr. Totton briefly
testified that he was unaware of the filing deadline. Nevertheless, the Assistant Attorney General
stated that the claim must be denied in light of the untimely filing of the reparations application.
Case No. V2004-60342
-1-
ORDER
{¶ 3} From review of the file and with full and careful consideration given to all the
information presented at the hearing, we find that the February 17, 2004 decision of the Attorney
General shall be affirmed.
{¶ 4} IT IS THEREFORE ORDERED THAT
{¶ 5} 1) The February 17, 2004 decision of the Attorney General is AFFIRMED;
{¶ 6} 2) This claim is DENIED and judgment is rendered for the state of Ohio;
{¶ 7} 3) Costs are assumed by the court of claims victims of crime fund.
_______________________________________
JAMES H. HEWITT III
Commissioner
_______________________________________
KARL H. SCHNEIDER
Commissioner
_______________________________________
GREGORY BARWELL
Commissioner
ID #\4-dld-tad-081804
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 10-14-2004
Jr. Vol. 2255, Pgs. 62-63
To S.C. Reporter 11-19-2004
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