State v. Westerfield, 2013 Ohio 4216

In 2007, Westerfield was found guilty by a jury of rape of a victim under ten years old and sentenced to life imprisonment with a sexual predator classification.
On direct appeal, this court rejected arguments about indictment amendment, ineffective assistance, and weight of the evidence (affirming conviction and sentence).
On January 30, 2013, Westerfield filed a Motion to Vacate Registration and Classification seeking resentencing under the predator laws in effect at the offense time.
The trial court summarily denied the motion.
Westerfield argued the trial court failed to provide notice of the 2007 sexual predator classification hearing as required by former R.C. 2950.09(B)(2).
The appellate court affirmed, holding res judicata and forfeiture bar Westerfield from raising the argument on appeal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether notice under former R.C. 2950.09(B)(2) was required for the 2007 hearing	Westerfield	State	Barred by res judicata and forfeiture; no error

State v. Myers, 10th Dist. No. 11AP-909, 2012-Ohio-2733 (10th Dist. 2012) (res judicata bars raise/ litigate defenses not raised at trial or appeal)
State v. Szefcyk, 77 Ohio St.3d 93, 1996 (Ohio 1996) (defense raised previously; res judicata applies)
State v. Glover, 4th Dist. No. 12CA7, 2012-Ohio-6006 (Ohio 2012) (forfeiture of arguments not raised in trial court)
State v. Harris, 9th Dist. No. 07CA009130, 2007-Ohio-4915 (Ohio 2007) (res judicata and forfeiture principles apply)
State v. Vanhoose, 4th Dist. No. 07CA765, 2008-Ohio-1122 (Ohio 2008) (failure to raise issue forfeits on appeal)
State v. Atchley, 10th Dist. No. 07AP-412, 2007-Ohio-7009 (Ohio 2007) (forfeiture when not raised in trial court)
State v. Parsley, 10th Dist. No. 09AP-612, 2010-Ohio-1689 (Ohio 2010) (arguments not preserved are waived on appeal)