State v. Snyder, 2017 Ohio 8091

Michael Snyder was charged and indicted for murder with a firearm specification; he pleaded guilty at a change-of-plea hearing and was sentenced to 15 years-to-life.
At the plea hearing the court, prosecutor, and defense acknowledged the indictment misstated murder as a "first-degree felony" when murder is an unclassified felony under Ohio law.
Snyder appealed but then voluntarily dismissed that appeal. About 22 months after sentencing he filed a post‑sentence Crim.R. 32.1 motion to withdraw his guilty plea.
Snyder argued (1) his conviction was void for lack of subject-matter jurisdiction because the indictment misstated the felony classification; and (2) trial counsel was ineffective for allowing him to plead guilty despite the indictment error and for failing to advise about mens rea/defenses.
The trial court denied the motion; the appellate court affirmed, finding the indictment defect waived by failure to object and the ineffective-assistance claim barred by res judicata.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether conviction is void for lack of subject‑matter jurisdiction because indictment labeled murder a first‑degree felony instead of an unclassified felony	Indictment omitted a material element (proper classification), so conviction is void under Cimpritz	Snyder: conviction void and therefore plea should be withdrawn	Court: defect was voidable, not jurisdictional; Snyder waived it by pleading guilty and not objecting (citing Midling/Barton)
Whether trial counsel was ineffective for permitting plea despite indictment error and not advising on mens rea/accident defenses	Snyder: counsel failed to inform him of required mens rea and defenses, so plea was involuntary/ineffective assistance	State: claims could have been raised on direct appeal; res judicata bars post‑sentence relitigation	Court: ineffective-assistance claims were or could have been raised on direct appeal and are barred by res judicata (citing Szefcyk and related authority)

Cimpritz v. State, 158 Ohio St. 490 (1953) (indictment omitting an essential element may render conviction void)
Midling v. Perrini, 14 Ohio St.2d 106 (1968) (conviction following a guilty plea is not subject to collateral attack for indictment defects; defect is voidable and must be raised on direct appeal)
State v. Barton, 108 Ohio St.3d 402 (2006) (defendant waives indictment defects by failing to object and pleading guilty)
State v. Szefcyk, 77 Ohio St.3d 93 (1996) (res judicata bars claims that were or could have been raised on direct appeal)
State v. Smith, 49 Ohio St.2d 261 (1977) (defendant bears burden to show manifest injustice to withdraw plea after sentencing)