State v. Hudson, 2014 Ohio 1977

Defendant Rayshaun Hudson was convicted by jury of two counts of felonious assault, two counts of tampering with evidence, possession of drugs, possession of criminal tools, and failure to comply with a police order; aggregate sentence 42 years.
At sentencing the court did not orally mention court costs or court-appointed counsel fees; the original judgment entry likewise did not impose such fees.
The trial court later filed an amended judgment entry (April 15, 2009) ordering Hudson to pay all costs of prosecution, court-appointed counsel costs, and any fees permitted by law.
Hudson appealed and this court affirmed his convictions (State v. Hudson), and later granted a limited reopening of his direct appeal to raise the issue of court-appointed counsel fees.
Hudson argued the trial court erred by imposing court-appointed counsel fees without notifying him at sentencing or inquiring into his ability to pay; the State conceded error on that point.
The appellate court reversed only the portion of the judgment imposing court-appointed counsel fees and remanded for a determination of Hudson’s ability to pay; all other aspects of the judgment were affirmed as previously modified (including removal of a community-service-for-nonpayment possibility).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court could tax court-appointed counsel fees to Hudson without oral notice at sentencing or inquiry into ability to pay	State conceded the court erred in imposing fees without the required procedures	Hudson argued the court violated R.C. 2941.51(D) by not notifying him at sentencing and not determining his ability to pay	Court held imposing such fees without notice and an ability-to-pay inquiry was error and remanded for determination of financial ability to pay court-appointed counsel fees

State v. Hudson, 993 N.E.2d 443 (Ohio 2013) (appellate decision affirming convictions and serving as prior proceeding in this reopened appeal regarding sentencing and fees)