Legal Opinion

State v. Fischer

Ohio Supreme Court

Decided December 23, 2010No. 2009-0897PublishedCited by 1,021 opinions

1Opinion of the Court

*93O’Connor, J.

{¶ 1} In this appeal, we again address questions arising from a sentencing court’s failure to impose postrelease control as mandated by the General Assembly. A sentence that does not include the statutorily mandated term of postre-lease control is void, is not precluded from appellate review by principles of res judicata, and may be reviewed at any time, on direct appeal or by collateral attack. Although the doctrine of res judicata does not preclude review of a void sentence, res judicata still applies to other aspects of the merits of a conviction, including the determination of…

2Cases cited33 opinions

  1. Hill v. United StatesSupreme Court of the United States · 1962
  2. State v. FosterOhio Supreme Court · 2006
  3. Summers v. StateTennessee Supreme Court · 2007
  4. State v. PayneOhio Supreme Court · 2007
  5. Nolan v. NolanOhio Supreme Court · 1984

28 more not listed; retrieve them via the Exa API.

3Cited by1,021 opinions

  1. State v. WilsonOhio Supreme Court · 2011
  2. State v. Harper (Slip Opinion)Ohio Supreme Court · 2020
  3. State v. Henderson (Slip Opinion)Ohio Supreme Court · 2020
  4. State v. QuallsOhio Supreme Court · 2012
  5. State v. HoldcroftOhio Supreme Court · 2013

1,016 more not listed; retrieve them via the Exa API.

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