State v. Lowe, 2011 Ohio 3355

Lowe was convicted in 2002 of aggravated murder, attempted aggravated murder, and gun specifications after a bench trial; direct appeal affirmed.
He previously challenged his conviction via petition for postconviction relief and a motion for a new trial, arguing the signing judge lacked authority.
In 2010 Lowe filed a motion for a final appealable order; the trial court denied it and Lowe appealed.
Assignment I claimed Judge Mary Cacioppo lacked authority to endorse the final appealable order as required by Article IV, Section 6, and Crim.R. 32(C).
Assignment II contended Judge Lynne S. Callahan abused discretion by not giving a reason for denial while noting governing law requiring the judge’s signature.
This court affirmed, held res judicata barred the renewed challenge, and remanded to impose the statutorily mandated postrelease control term following Fischer.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Did lack of authority by the signing judge render the judgment void?	Lowe	Lowe	No void judgment; res judicata bars revival
Whether the denial of the final appealable order was supported by law and fact?	Lowe	Lowe	No abuse of discretion; remand for postrelease control as Fischer requires

State v. Baker, 119 Ohio St.3d 197 (2008-Ohio-3330) (conviction requires four components including judge’s signature and journal entry)
Spragling v. Oriana House, Inc., 9th Dist. No. 23501, 2007-Ohio-3245 (2007-Ohio-3245) (irregular appointment does not void judgment)
State ex rel. Key v. Spicer, 91 Ohio St.3d 469 (2001) (improper assignment generally raiseable on direct appeal)
State v. Brown, 8th Dist. No. 84322, 2004-Ohio-6421 (2004-Ohio-6421) (res judicata applies to repeated attacks on final judgments)
State v. Perry, 10 Ohio St.2d 175 (1967) (principles of res judicata and finality of judgments)
State v. Fischer, 128 Ohio St.3d 92 (2010-Ohio-6238) (postrelease-control term must be imposed when required; remand for imposition)