Does 'Res Judicata' Bar Withdrawal of Guilty Plea After Court Holds Sentence Underlying Escape Charge Was Invalid?
State of Ohio v. Donald Billiter (aka Billeter), Case no. 2011-1501
Fifth District Court of Appeals (Stark County)
ISSUE: When a criminal defendant enters a guilty plea to a charge of escape based on a violation of postrelease control, and a subsequent court decision holds that the postrelease control order he was charged with violating was void and unenforceable, does the doctrine of "res judicata" bar the defendant from withdrawing his guilty plea and seeking to have his conviction vacated based on a claim of actual innocence?