Opinion
2022-00047VI
04-26-2022
IN RE: DEBORA HALL DEBORA HALL Applicant
Sent to S.C. Reporter 12/21/22
Judge Patrick E. Sheeran Magistrate Daniel R. Borchert
ORDER GRANTING MOTION TO DISMISS
PATRICK E. SHEERAN Judge
{¶1} On March 18, June 30, July 8, and July 12, 2021, applicant, Debora Hall, filed a series of compensation applications all based on her belief that the Federal Government, all former presidents, Hollywood, and numerous governmental agencies were placing her under surveillance, breaking into her apartment, damaging her SUV, messing her bank account, "beaming me my leg and hip and knee is broken," using chemical warfare, exposing her to cancer and vascular necrosis.
{¶2} On March 26, 2021, the Attorney General issued a finding of fact and decision denying applicant's claim pursuant to R.C. 2743.68. the Attorney General's investigation revealed on March 26, 2007, applicant filed a compensation application alleging the same interference by governmental agencies and persons with her personal life. On April 7, 2007, the Attorney General issued a Finding of Fact and Decision denying applicant's claim based on the failure of applicant to prove she was a victim of criminally injurious conduct as defined in R.C. 2743.51(C)(1). Applicant filed a request for reconsideration. On May 29, 2007, the Attorney General rendered a Final Decision finding no reason to modify its initial decision. The Attorney General noted applicant did not appeal the Final Decision accordingly, pursuant to R.C. 2743.61(C), the decision became final on June 29, 2007.
{¶3} Pursuant to R.C. 2743.68, an applicant has six (6) years to file a supplemental compensation application. In the case at bar, applicant waited fourteen (14) years. The Attorney General noted that applicant tried to file an untimely request for reconsideration which the Attorney General rejected. In response applicant filed an appeal to the Court of Claims.
{¶4} The Attorney General cited R.C. 2743.61 (A), which in pertinent part states: "If a claimant does not file a request for reconsideration of a decision of the attorney general to make an award or to deny a claim or of the amount of an award within thirty days after the decision is rendered, the award, the denial of the claim, or the amount of the award is final unless the attorney general in the interest of justice allows the reconsideration after the expiration of that period of time."
{¶5} Furthermore, the Attorney General rendered the Finding of Fact and Decision on March 26, 2021, while applicant did not file the notice of appeal with this court until January 27, 2022, ten (10) months later.
{¶6} R.C. 2743.61 (B) provides "A claimant may appeal an award of reparations, the amount of an award of reparations, or the denial of a claim for an award of reparations that is made by a final decision of the attorney general after any reconsideration."
{¶7} The Attorney General also cited the holding in In re Cunningham, Ct. of Cl. No. 2015-00280-VI jud (June 23, 2015), 2015-Ohio-5691, wherein a judge of the Court of Claims stated:
"Furthermore, R.C. 2743.61 (A) provides the Attorney General with the discretion to determine if the interests of justice require the consideration of a late filed request for reconsideration. This court will not intervene with the Attorney General's judgment in this matter. See State ex rel. DeWine v. Court of Claims of Ohio, 130 Ohio St.3d 244, 2011-Ohio-5283, 957 N.E.2d 280."
{¶8} Applicant did not respond to the Attorney General's Motion to Dismiss.
{¶9} In the case at bar, applicant's allegations of 2007 are very similar to her allegations in 2021. The Attorney General previously found that applicant's allegations did not constitute criminally injurious conduct as it is defined in R.C. 2743.51(C)(1).
{¶10} The Attorney General denied applicant's four (4) applications on March 26, 2021. The Attorney General stated applicant did not timely submit a request for reconsideration. Accordingly, on January 27, 2022, applicant filed a notice of appeal with this court. Applicant's decision became final on April 26, 2021.
{¶11} R.C. 2743.61(C) states:
"(C) Notices of an appeal concerning an award of reparations shall be filed within thirty days after the date on which the award or the denial of a claim is made by a final decision of the attorney general. If a notice of appeal is not filed within the thirty-day period, the award or denial of the claim is final unless the court of claims in the interests of justice allows the appeal."
{¶12} In the case at bar, applicant violated R.C. 2743.68, by waiting over six (6) years, fourteen (14) years to be exact to file her supplemental compensation application. It should be noted her 2007 compensation application and the four compensation applications filed in 2021 all concern interference by the federal government, presidents, and Hollywood in her personal life. Furthermore, when considering the Attorney General's Finding of Fact and Decision of March 26, 2021, to be a final decision, pursuant to R.C. 2743.61(A), applicant's notice of appeal was filed over nine (9) months.
{¶13} Therefore, the Attorney General's Motion to Dismiss is GRANTED. Applicant's case is DISMISSED. Costs are assumed by the court of claims victims of crime fund.