State v. Williams, 2012 Ohio 1475

Defendant Williams was convicted of aggravated murder with a firearm specification in 1998 following a jury trial.
The underlying facts describe a plan by Williams and others to firebomb and shoot Chapman in retaliation for a supposed killing of Williams's cousin; Stroughn was killed during the plan.
Williams was sentenced to life with parole eligibility after 20 years, plus a concurrent firearm specification term.
Years later Williams filed postconviction and resentencing motions; the trial court later advised him of five years of mandatory postrelease control, which the court then declined to modify.
The issue on appeal centered on whether postrelease control could attach to an aggravated murder sentence and the proper remedy when it did.
The court ultimately held that postrelease control should not attach to aggravated murder, and the appropriate remedy is to delete any reference to postrelease control from the judgment.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether postrelease control attaches to aggravated murder	Williams argues ppolicy that postrelease control does not apply to aggravated murder.	State contends postrelease control applies to this offense under existing statutes and case law.	Postrelease control does not apply to aggravated murder; its presence renders part of the sentence void.
Appropriate remedy for an unlawful postrelease-control term	Bezak/Fischer require de novo resentencing for postrelease-control errors.	Bezak/Fischer limit remedy to removing unauthorized postrelease-control term, not full de novo sentencing.	Remedy is to delete the postrelease-control reference; no de novo sentencing required.
Effect of res judicata on Williams's pro se assignments of error	Res judicata does not bar consideration of postrelease-control issue.	Pro se assignments are barred because raised issues could have been raised on direct appeal.	Pro se assignments are barred; conviction affirmed with modification deleting postrelease control.

State v. Clark, 119 Ohio St.3d 239 (2008-Ohio-3748) (postrelease control not applicable to aggravated murder)
State v. Young, 2011-Ohio-2646 (7th Dist. 2011) (postrelease-control issue; remedy limited in some contexts)
State v. Silguero, 2011-Ohio-6293 (10th Dist. 2011) (postrelease-control error not de novo sentencing when Fischer applies)
State v. Evans, 2011-Ohio-2153 (8th Dist. 2011) (postrelease-control error context)
State v. Crockett, 2009-Ohio-2894 (7th Dist. 2009) (de novo sentencing requirement discussed in Fischer context)
State v. Fischer, 128 Ohio St.3d 92 (2010-Ohio-6238) (scope of new sentencing when postrelease control error; limited to proper imposition)
State v. Bezak, 114 Ohio St.3d 94 (2007-Ohio-3250) (Bezak Bezak teaching on postrelease control notification)
State v. Pelfrey, 112 Ohio St.3d 422 (2007-Ohio-256) (verdict form must include degree or aggravating elements)
State v. Perry, 10 Ohio St.2d 175 (1967) (historical reference on appellate preclusion)