State v. Hillman, 2013 Ohio 982

Defendant-appellants Derrick and Dallas Hillman were arrested in November 2005 after a confidential informant tip and a drug dog alert during a stop of their SUV; both men were strip-searched at the Wayne County Justice Center and found carrying crack cocaine on their person.
The Hillmans were indicted on one count of possession of crack cocaine with a forfeiture specification and one count of conveying a drug of abuse onto the grounds of a detention facility.
They initially pled not guilty and moved to suppress the seized evidence, but the trial court denied the suppression motion.
They subsequently entered no contest pleas, which the trial court accepted, resulting in convictions and sentencing.
The Hillmans appealed the denial of the suppression motion and the intermediate court affirming the convictions; the Supreme Court declined further review in 2008.
In 2011–2012, the Hillmans sought to withdraw their pleas claiming improper advisement on post-release control; the trial court granted the withdrawals, prompting the State to appeal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court had jurisdiction to hear post-plea withdrawal motions after appellate affirmation.	Hillman v. State—(State)	Hillmans—motions timely but not jurisdictional	Trial court lacked jurisdiction after appeal; grant reversed.

State ex rel. Special Prosecutors v. Judges, Court of Common Pleas, 55 Ohio St.2d 94 (1978) (trial court loses jurisdiction after appeal absent remand; withdrawal motions inconsistent with appellate affirmance)
State v. Ketterer, 126 Ohio St.3d 448 (2010) (res judicata bars claims that could have been raised on direct appeal)
State v. Perry, 10 Ohio St.2d 175 (1967) (structure: final judgment; precludes post-appeal challenges)