State v. Skipper, 2021 Ohio 2206

2008 indictment charged Angelo L. Skipper with aggravated murder (with firearm specification), having a weapon while under disability, and tampering with evidence.
In 2009, while represented by counsel, Skipper pleaded guilty to a stipulated lesser-included offense: involuntary manslaughter (with firearm specification), plus the other two counts; trial court sentenced him to 18 years.
Skipper later sought to withdraw his plea and repeatedly sought judicial release; those motions were denied, and an early appeal of the withdrawal denial was dismissed as untimely.
In September 2020 Skipper filed a "motion to vacate void conviction and sentence," arguing his guilty plea was invalid because involuntary manslaughter was never charged in the indictment and (he asserted) is not a lesser-included offense of aggravated murder.
The trial court denied the motion; Skipper appealed the denial to the Tenth District Court of Appeals.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether involuntary manslaughter was a valid offense for plea purposes	State: involuntary manslaughter is a recognized lesser-included offense of aggravated murder, and Skipper knowingly pleaded to it	Skipper: involuntary manslaughter was never charged in the indictment, so his plea was not to a proper charge and thus not knowing/voluntary	Court: involuntary manslaughter is a lesser-included offense of aggravated murder; alternatively, Skipper waived indictment protections by pleading while represented; plea valid
Whether the motion could be entertained as a timely postconviction challenge or whether the conviction is void so exceptions apply	State: the filing should be recast as a postconviction petition and is untimely; res judicata bars issues that could have been raised earlier	Skipper: conviction is void (not voidable) because the court lacked jurisdiction to accept a plea to an unindicted offense	Court: judgment was not void — the court had jurisdiction; untimely postconviction relief is barred absent statutory exceptions and res judicata applies; denial affirmed

State v. Thomas, 40 Ohio St.3d 213 (involuntary manslaughter is a lesser-included offense of aggravated murder)
State v. Smith, 89 Ohio St.3d 323 (same: involuntary manslaughter is lesser-included)
Stacy v. Van Coren, 18 Ohio St.2d 188 (pleading to a different offense than in the indictment does not void conviction)
State v. Szefcyk, 77 Ohio St.3d 93 (res judicata bars issues in postconviction petitions if they could have been raised earlier)
State v. Bush, 96 Ohio St.3d 235 (court may recast irregular motions to identify proper procedural vehicle)
State v. Schlee, 117 Ohio St.3d 153 (courts may recast irregular motions into appropriate categories)
State v. Henderson, 161 Ohio St.3d 285 (judgment or sentence is void only for lack of subject-matter or personal jurisdiction; other errors render judgment voidable)
State v. Harper, 160 Ohio St.3d 480 (common pleas courts have jurisdiction over felony cases; errors in exercise of jurisdiction are voidable)
Smith v. Sheldon, 157 Ohio St.3d 1 (discussion of court jurisdiction over criminal matters)