State v. Beach, 2012 Ohio 1630

In 2007, Beach was indicted in Gallia County for attempted murder.
Beach later agreed to plead guilty to felonious assault in exchange for a seven-year sentence.
The trial court accepted the plea and imposed sentence; Beach did not appeal the conviction/sentence.
On February 16, 2011 Beach filed a motion to vacate void sentence under R.C. 2953.08(A)(4).
His motion argued issues including felonious assault not being a lesser included offense of murder, lack of service of an amended indictment, and lack of subject matter jurisdiction.
The trial court overruled the motion and Beach appealed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Res judicata barring review	Beach	Beach's claims could not be raised now	Res judicata bars review of issues could have been raised earlier
Postconviction claims and timeliness	Beach asserted constitutional issues	Issues untimely and subject to res judicata	Postconviction claims barred and untimely
Merit of asserted defects (lesser included offense, amended indictment, jurisdiction)	Contends felonious assault not lesser included; improper service; lack of jurisdiction	Waived by plea; trial court had jurisdiction	No merit; issues waived or barred; res judicata applies

State v. Reynolds, 79 Ohio St.3d 158 (1997) (postconviction relief doctrine and res judicata overview)
State v. Mayle, 2007-Ohio-614 (Ohio Ct. App. 2007) (postconviction relief standards)
State v. Smith, 2011-Ohio-664 (Ross App. 2011) (limitations on postconviction claims)
State v. Damron, 2010-Ohio-6459 (Ross App. 2010) (reliance on direct-appeal waiver and res judicata)
State v. Baranski, 2005-Ohio-4956 (Scioto App. 2005) (bar to raising issues not raised on direct appeal)