State v. Bailey, 2011 Ohio 3246

Bailey was indicted in Medina County for two counts of aggravated vehicular homicide; one count labeled as second-degree, one as third-degree.
Indictment amended in 2005 to correct code section and offense level without defense objection.
Bailey pled no contest to all counts in 2006 and was sentenced to seven years; this court affirmed the sentence in 2007.
Bailey moved to withdraw the plea in 2008, based on trial court’s failure to advise on mandatory postrelease control.
Trial court granted withdrawal motion in 2008; State sought reconsideration arguing lack of jurisdiction due to prior appeal.
On remand, the trial court ultimately allowed withdrawal in 2009; Bailey pled no contest again in 2010 and was sentenced.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the indictment amendment was improper	Bailey argues amendment changed the offense’s identity	Bailey contends the amendment improperly altered the charged offense	Assignment barred by law of the case; overruled

Nolan v. Nolan, 11 Ohio St.3d 1 (1984) (law-of-the-case doctrine governs subsequent proceedings)
Hubbard ex rel. Creed v. Sauline, 74 Ohio St.3d 402 (1996) (issue preclusion principle for arguments not pursued earlier)
State v. Chapman, 190 Ohio App.3d 528 (2010) (arguments not raised on first appeal barred by issue preclusion)