State v. Smith, 2011 Ohio 664

Smith was convicted in Ross County on felonious assault and involuntary manslaughter; merged counts yielded an 8-year prison term.
Death of Bryan Biser resulted from blunt force head injury; medical history included diabetes mismanagement and refusal of care.
Trial evidence included Dr. Cox’s testimony that death was linked to the assault via frontal-lobe damage affecting self-care.
During direct appeal, the Court of Appeals affirmed; Smith later sought post-conviction relief alleging ineffective assistance of counsel.
At a 2009 evidentiary hearing, Dr. Christofides offered a competing theory that death was due to diabetes mismanagement, not the head injury.
The trial court denied the petition as barred by res judicata; Smith appeals challenging that ruling.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether res judicata barred post-conviction relief.	Smith; res judicata should not bar claim based on new, competent evidence.	State; evidence available at trial and new theories do not overcome res judicata.	Res judicata bars the post-conviction claim.
Whether alternate expert theories in post-conviction proceedings defeat res judicata.	Smith argues new expert theory shows ineffective assistance.	Alternate theories do not establish ineffective assistance to overcome res judicata.	No; new expert theory in post-conviction does not defeat res judicata.

State v. Perry, 10 Ohio St.2d 175 (Ohio 1967) (res judicata applies to postconviction relief (syllabus))
State v. Szefcyk, 77 Ohio St.3d 93 (Ohio 1996) (applies res judicata to postconviction matters)
State v. Lawson, 103 Ohio App.3d 307 (Ohio App.1995) (competent outside-record evidence can overcome res judicata)
State v. Smith, 17 Ohio St.3d 98 (Ohio 1985) (outside-record evidence must meet cogency threshold)
State v. Combs, 100 Ohio App.3d 90 (Ohio App.1994) (outside evidence does not automatically defeat res judicata)
State v. Tenace, 6th Dist. No. L-05-1041, 2006-Ohio-1226 (Ohio 2006) (new expert opinion insufficient to establish ineffective assistance)
State v. Cornwell, 7th Dist. No. 00-CA-217, 2002-Ohio-5177 (Ohio 2002) (postconviction not grounds for ineffective assistance with new theory)
State v. Roseborough, 2010-Ohio-1832 (Ohio 2010) (alternate theories in postconviction not sufficient)
State v. Turner, 2006-Ohio-761 (Ohio 2006) (postconviction theory not enough to establish counsel ineffectiveness)
State v. White, 5th Dist. No. 97COA01229 (Ohio 1998) (new theories not automatic evidence of ineffectiveness)