State v. Feagin, 2015 Ohio 5107

Marco A. Feagin was convicted after a jury trial of murder (with a firearm specification), possession of a firearm in a liquor-permit premises, and possession of a weapon under disability for a 2004 shooting death.
Original sentence: 15 years-to-life on murder, consecutive 3 years on the firearm specification, plus one-year terms on the two weapons counts.
In 2010 Feagin was resentenced to add a five-year mandatory post-release control term; that resentencing was appealed and affirmed by this court in State v. Feagin, Richland No. 10CA46, 2011-Ohio-2025.
In March 2015 Feagin filed for leave to file a delayed motion for a new trial (Crim.R. 33(A)(2)), alleging prosecutorial misconduct, use of perjured testimony, cumulative misconduct, and that the court exceeded jurisdiction by imposing post-release control.
The trial court denied leave and the delayed motion on April 14, 2015; Feagin appealed from that denial.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Prosecutorial misconduct / inflammatory closing	State contended issues already litigated and rejected on prior appeal; res judicata applies	Feagin argued prosecutor made inflammatory remarks in closing that denied a fair trial; sought new trial	Court held claims are barred by res judicata (previous appeal decided same claims) — overruled
Use of perjured testimony	State: previously litigated; no basis for new trial	Feagin alleged prosecutor knowingly used perjured testimony, warranting new trial	Barred by res judicata — overruled
Cumulative error / mistrial	State: cumulative-error claim was raised or could've been raised earlier	Feagin argued cumulative prosecutorial misconduct required reversal/mistrial	Barred by res judicata — overruled
Legality of mandatory post-release control	State: sentencing complied with statutes in effect; sentence not void	Feagin argued the 5-year mandatory PRC was illegally imposed and made the sentence void	Court held PRC term was properly imposed; sentence not void; claim also barred by res judicata

State v. Perry, 10 Ohio St.2d 175 (1967) (res judicata bars claims raised or that could have been raised on appeal)
State v. Fischer, 128 Ohio St.3d 92 (2010) (sentence omitting statutorily mandated post-release control is void and reviewable at any time)
State v. Bezak, 114 Ohio St.3d 94 (2007) (postrelease control notification and related sentencing rules)
State v. Jordan, 104 Ohio St.3d 21 (2004) (absence of postrelease control notification renders sentence void and requires remand)
State v. Beasley, 14 Ohio St.3d 74 (1984) (sentencing procedure authority)
Colegrove v. Burns, 175 Ohio St. 437 (1964) (sentencing and review principles)
State v. Billiter, 134 Ohio St.3d 103 (2012) (treatment of post-release control issues)