State v. Sowards, 2011 Ohio 1660

Appellant William S. Sowards was indicted in Gallia County on possession of marijuana, possession of cocaine, and having weapons while under a disability; jury convicted on marijuana possession and acquitted on cocaine and weapons charges.
Appellant was sentenced to eight years in prison on November 30, 2006; the intermediate and supreme courts previously declined further appeals.
On November 12, 2008, Sowards filed a motion to vacate his sentence, citing State v. Pelfrey (2007) which addressed verdict form compliance under R.C. 2945.75.
The trial court denied the motion, holding Sowards’ claim was barred by res judicata and that Pelfrey did not render the judgment void ab initio.
The appellate court reviewed whether Pelfrey should apply retroactively to Sowards’ pre-Pelfrey conviction and whether the claim was procedurally barred.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Pelfrey applies to Sowards’ case	Sowards	Sowards	Res judicata bars raising the issue; the judgment is voidable, not void ab initio
Whether trial counsel was ineffective for not raising the Pelfrey issue	Sowards	Sowards	No prejudice; counsel's performance not deficient under Strickland

State v. Davis, 119 Ohio St.3d 422, 894 N.E.2d 1221 (2008) (Ohio) (final judgments bar subsequent actions; res judicata applies)
State v. Szefcyk, 77 Ohio St.3d 93, 671 N.E.2d 233 (1996) (Ohio) (res judicata applies to voidable judgments; change in law not always])
State v. Simpkins, 117 Ohio St.3d 420, 884 N.E.2d 568 (2008) (Ohio) (void vs voidable judgments; void ab initio concepts)
State v. Payne, 114 Ohio St.3d 502, 873 N.E.2d 306 (2007) (Ohio) (distinguishes void and voidable sentences; substantial vs strict compliance)
State v. Foster, 109 Ohio St.3d 1, 845 N.E.2d 470 (2006) (Ohio) (supreme court ruling affecting sentencing framework)
State v. Davis, 119 Ohio St.3d 422, 894 N.E.2d 1221, 2008-Ohio-4608 (Ohio) (final judgments bar subsequent actions; res judicata applies)