Justices rule res judicata not applicable to void sentence

Published: 11/08/2012

The Supreme Court of Ohio ruled yesterday that the doctrine of res judicata does not bar a defendant from appealing a conviction for escape based on a post-release control sentencing error.

The slight majority upheld Donald Billiter III’s argument that his post-release control sentence was erroneous and that he could not be convicted of violating its requirements because it was a legal nullity.

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