State v. Lett, 2018 Ohio 2351

In June 2007 a grand jury indicted Mark S. Lett on multiple counts including aggravated murder and murder; in October 2007 Lett pled guilty to murder under Ohio’s felony-murder statute, R.C. 2903.02(B), and remaining counts were nolled.
At plea and sentencing the State asserted it could prove Milano’s death resulted from Lett committing or attempting a felony of violence (felonious assault) as the predicate for felony murder.
The trial court accepted the guilty plea and sentenced Lett to 15 years to life; this court affirmed the plea acceptance on direct appeal in 2008.
In October 2017 Lett filed a motion titled “Motion for Vacation of: ‘Non-Cognizable’ Offense,” arguing his felony-murder conviction was void because he was never indicted or convicted of the predicate felony.
The trial court construed the filing as a petition for postconviction relief, denied it as untimely under R.C. 2953.21 and barred by res judicata, and Lett appealed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the motion must be treated as a postconviction petition and if it is timely	State: The filing raises constitutional challenge to conviction and is a postconviction petition subject to timing rules	Lett: He framed it as a motion to vacate a void judgment, not a postconviction petition	Court: Properly construed as a postconviction petition and was untimely (filed >8 years after direct appeal transcript)
Whether res judicata bars the claim	State: Claims that could have been raised at trial or on direct appeal are barred	Lett: Argued he raised a void-judgment claim outside of postconviction constraints	Court: Claim barred by res judicata because it could have been raised earlier
Whether a felony-murder conviction is void absent indictment/charge of predicate felony	State: Plea to felony murder with factual basis is valid; no void judgment shown	Lett: Conviction void because no indictment or plea to predicate felony (no mens rea/actus reus proven)	Court: No showing of a void judgment; plea and sentence statutorily compliant; claim merits not reached due to timeliness/res judicata
Whether due process was violated by accepting plea without predicate felony charge	Lett: Acceptance violated due process and deprived mens rea/actus reus proof	State: No specific due process violation shown; plea acceptance previously affirmed on appeal	Court: Due process argument barred by procedural rules and res judicata; not addressed on merits

State v. Schlee, 117 Ohio St.3d 153 (recasting irregular motions to appropriate procedural category)
State v. Reynolds, 79 Ohio St.3d 158 (postconviction relief may be filed alleging constitutional denial rendering judgment voidable)
State v. Szefcyk, 77 Ohio St.3d 93 (res judicata bars claims that were or could have been raised at trial or on direct appeal)
State v. Simpkins, 117 Ohio St.3d 420 (distinguishing truly void judgments from those merely voidable and discussing relief outside postconviction statute)
State v. Payne, 114 Ohio St.3d 502 (definition and limits of a void judgment when a court lacks authority)
State v. Beasley, 14 Ohio St.3d 74 (examples of sentences void where court disregards statutory sentencing authority)