State v. Bachman, 2011 Ohio 6151

Bachman was indicted in 1995 on four counts of rape, one count of sexual battery, one count of corruption of a minor, and one count of gross sexual imposition for sexual abuse of his daughter beginning at age five.
He was convicted by a jury and sentenced in 1995 to mandatory life terms on the four rape counts and a determinate two-year term on the remaining counts, with sentences merged or run concurrently.
Bachman was classified as a sexual predator in 2004 after a hearing under R.C. Chapter 2950, which this Court affirmed on appeal.
In 2009 Bachman moved for resentencing; in 2010 the trial court denied the motion for a new trial, and this Court affirmed denial of the new-trial motion.
In 2011 the trial court granted a limited resentencing hearing to address the imposition of court costs; Bachman moved to waive costs, which the court denied on May 11, 2011.
Bachman appealed, challenging both the mistrial denial and the limited resentencing on costs; the Fifth District affirmed the May 11, 2011 judgment entry.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court erred by denying a mistrial under the Due Process Clause	Bachman argues denial of mistrial was error	State contends no due process violation and issue barred	No reversible error; denial not to be treated as void due process violation
Whether the limited resentencing on costs was proper	Bachman argues court costs were improperly imposed at original sentencing	State contends limited resentencing appropriate to address cost imposition	Affirmed; limited resentencing to address costs proper; no void sentence

State v. Joseph, 125 Ohio St.3d 76 (2010) (remand for waiver-of-costs motion following failure to inform defendant about costs at sentencing)
State v. Szefcyk, 77 Ohio St.3d 93 (1996) (res judicata; issues previously or capable of being raised on direct appeal)