State v. Morrar, 2014 Ohio 3663

Morrar was convicted in Madison County for discharging a firearm into a habitation, with a gun specification, and fleeing/eluding; sentenced to a 15-year aggregate term.
This court previously affirmed his convictions and sentence in a direct appeal (CA2009-10-021, CA2009-10-022, 2010-Ohio-2310).
Morrar later filed a postconviction petition asserting improper venue and lack of jurisdiction; the trial court ruled the venue claim was barred by res judicata for not being raised previously.
The trial court held Morrar failed to challenge venue in trial or on direct appeal, thus res judicata barred the argument; the court denied postconviction relief.
On appeal, the court distinguishes venue from jurisdiction, explains venue is not a jurisdictional element, and concludes waiver and res judicata bars a venue challenge absent a direct challenge.
The appellate court affirms, holding that the postconviction venue argument is barred and that Madison County properly considered the case.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether postconviction venue challenge barred by res judicata	Morrar argues improper venue voids judgment	Morror did not raise venue at trial or on appeal	Yes; res judicata bars the venue challenge
Whether venue and jurisdiction are distinct; waiver of venue right	Venue rights waived by failure to challenge	Venue is distinct; could not be raised later	Venue is waived; distinction from jurisdiction supports bar

State v. Davis, 139 Ohio St.3d 122 (Ohio 2014) (res judicata bars raising previously unraised claims)
State v. Harris II, 2013-Ohio-4818 (2d Dist. Champaign 2013) (venue challenge barred where not raised on direct appeal)
State v. Lahmann, 2007-Ohio-1795 (Ohio 2007) (venue is a personal privilege, not a jurisdictional defect)
State v. Rankin, 2005-Ohio-6165 (Ohio 2005) (venue purpose and non-elemental nature of venue)
State v. Smith, 87 Ohio St.3d 424 (Ohio 2006) (venue not a crime element; distinction from jurisdiction)