Former death row inmate appeals again, seeking to sue Ohio

FILE-This Monday, March 9, 2015 file photo shows Dale Johnston in Grove City, Ohio. The Ohio Supreme Court has ruled that Johnston, a former death row inmate can sue for wrongful imprisonment over a 3-decade-old double slaying he didn’t commit. The court’s ruling Wednesday, Oct. 27, 2015 says a 2003 law updating the state’s definition of wrongful imprisonment can be applied retroactively by ex-prisoner Dale Johnston to sue Ohio. (AP Photo/Andrew Welsh-Huggins, File)
FILE-This Monday, March 9, 2015 file photo shows Dale Johnston in Grove City, Ohio. The Ohio Supreme Court has ruled that Johnston, a former death row inmate can sue for wrongful imprisonment over a 3-decade-old double slaying he didn’t commit. The court’s ruling Wednesday, Oct. 27, 2015 says a 2003 law updating the state’s definition of wrongful imprisonment can be applied retroactively by ex-prisoner Dale Johnston to sue Ohio. (AP Photo/Andrew Welsh-Huggins, File)

COLUMBUS, Ohio (AP) — A former inmate who spent years on death row for a double murder he didn’t commit is asking the Ohio Supreme Court to rule for a second time that he can continue to sue the state for wrongful imprisonment.

The high court kept alive Dale Johnston’s decades-long fight for innocence when it ruled last year that a law updating Ohio’s definition of a wrongfully imprisoned individual could be applied retroactively. But a Franklin County appeals court later concluded Johnston can’t sue, based on a ruling in a different case.

The Columbus Dispatch reports the 82-year-old filed his latest appeal last week.

He was imprisoned for the grisly slayings of his stepdaughter and her fiance in 1982. The real killer confessed in 2008 and was sentenced to life in prison.

READ MORE: Ohio court says ex-death row inmate can sue over imprisonment for slayings he didn’t commit

 

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