State v. Ross, 2013 Ohio 786

Ross was convicted of felony murder, reckless homicide, felonious assault, and child endangerment in connection with the death of his eleven-week-old son; he received a thirty-one-years-to-life sentence.
On remand for resentencing after Johnson-based allied-offenses analysis, the trial court imposed 15 years to life on felony murder and merged the other counts.
Appellate counsel filed an Anders brief; no meritorious issues were identified, and Ross did not file a merits brief.
The appellate court held res judicata barred challenges to the underlying convictions and conducted an independent review, finding no appealable, non-frivolous issues.
Although the resentencing entry contained a clerical error, it did not affect the underlying judgment; the court affirmed the conviction and sentence, with costs taxed to Ross.
A special mandate was issued to carry the judgment into execution; the clerk was instructed to mail notice of entry to the parties.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether any meritorious issues exist after Anders brief	Ross	Ross	Frivolous; no meritorious issues
Whether res judicata bars challenges to the convictions on appeal	Ross	Ross	Barred; convictions are not relitigated on direct appeal
Whether clerical error in resentencing affects judgment	Ross	Ross	No; error not affecting judgment; correction possible later

State v. Johnson, 128 Ohio St.3d 153 (2010-Ohio-6314) (allied offenses of similar import analysis under Johnson)
State v. Sammons, 2011-Ohio-4395 (9th Dist. No. 25580, 2011) ( Anders review limitations on appeal)
State v. Brown, 2012-Ohio-5484 (9th Dist. No. 26427, 2012) (res judicata procedural bar to relitigation)
State v. Martin, 2010-Ohio-5394 (9th Dist. No. 10CA0007, 2010) (clerical error not altering judgment)