Ohio to pay man a judge refused to release from prison

The appeals court subsequently ordered the man's release and ruled he spent 192 days wrongfully imprisoned

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SPRINGFIELD, Ohio (AP) – Ohio has agreed to pay a man $110,000 because a judge refused to release him from prison after his drug conviction was overturned.

The Dayton Daily News reports the state Controlling Board is expected to vote Monday on the settlement for Frank Davis.

Davis was convicted in 1999 in central Ohio’s Clark County and sentenced to 11 years. Authorities said 3 pounds of cocaine were found in Davis’ Springfield home.

Davis denied the drugs were his. An appeals court overturned Davis’ conviction in 2006 because a search warrant for Davis’ home was defective. Yet Clark County Common Pleas Judge Douglas Rastatter refused to release him. The appeals court subsequently ordered Davis’ release and ruled he spent 192 days wrongfully imprisoned.

Rastatter didn’t return calls for comment.

(Copyright 2017 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.)

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