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Res Judicata Doesn't Bar Ohio Post-release Control Challenge
Loaded on Jan. 15, 2014
published in Prison Legal News
January, 2014, page 55
The Ohio Supreme Court has held that “when a criminal defendant is improperly sentenced to post-release control, res judicata does not bar the defendant from collaterally attacking his conviction for escape due to an earlier post-release-control sentencing error.”In 1998, Donald Jack Billiter III was convicted of a first-degree felony …
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More from this issue:
- American Apartheid: Why Scandinavian Prisons Are Superior, by Doran Larson
- Sweden’s Shrinking Prison Population, by Christopher Zoukis
- From the Editor, by Paul Wright
- Mangaung and Beyond: Private Prison Exemplifies South Africa’s Criminal Justice Woes, by James Kilgore
- Hidden Agenda Fuels Challenge to Pivotal Death Penalty Case, by David Protess
- Seventh Circuit: Lifetime Supervision in Pornography Case Set Aside, by Derek Gilna
- Pennsylvania Woman Jailed for Failure to Pay Parking Tickets
- Controversy, Litigation and Performance Problems Plague Private Probation Services, by David Reutter
- Task Force Linked to Harsh Sentencing Laws and Private Prison Firms Disbands Following Public Scrutiny, Boycott
- East Mississippi Prison Nightmare, by Christopher Zoukis
- Massachusetts Supreme Court: 90 Days in Segregation on Awaiting Action Status without Hearing Violates Due Process
- Washington Defendant Improperly Denied Transcript at State Expense
- Programs Proliferate for Incarcerated Veterans
- Arizona TV Reporter Blames Prisoners for Citizens’ Lack of Healthcare
- Study: Risk of Murder, Overdose and Suicide Higher for Recently Released Jail Prisoners in New York City
- California Parole Board Agrees to Implement Policy to Fix Terms at Lifers’ Initial Hearings, by John Dannenberg
- How Actions by Oklahoma Governor’s Staff Led to Weakened State Justice Reforms, by Clifton Adcock
- Failure to Protect New Jersey Jail Detainee Leads to Drastic Bail Reduction
- Top Texas Judge Breaks the Law but Gets Special Treatment
- New York Prisoner Awarded Almost $16 Million Due to Poor Medical Treatment, by Christopher Zoukis
- Director of Victims’ Rights Group Sent to Prison for Embezzlement
- Study Finds Prisoners Inappropriately Using Topical Antibiotics, by David Reutter
- Connecticut Guards File Grievances over Efforts to Stem Super Bowl Absenteeism
- PLN Challenges Postcard-only Policy at Florida Jail
- Shareholder Resolutions Seek to Lower Phone Rates at Private Prisons
- Unwanted Reprieve from Execution Upheld by Oregon Supreme Court, by Christopher Zoukis
- Massachusetts Supreme Court: Failure to Register Guilty Plea Vacated
- No Immunity for Detainee’s Death Due to Alcohol Withdrawal; $1.23 Million Settlement on Remand
- Tenth Circuit: FRAP 4(b) Clock Commences Upon Entry in Public Docket
- FCC Rate Caps on Prison Phone Calls to Impact Nevada DOC’s Budget, by David Ganim
- SC Supreme Court Reverses Furtick; No Liberty Interest in Opportunity to Earn Sentence-Reduction Credits
- Religious Diet Qualified Immunity Test Outlined by Seventh Circuit
- Multiple Convictions, Single Proceeding Triggers Alaska Lifetime Sex Offender Registration
- Oregon: Life Sentence for Murder Unconstitutional During Eight-Month Period in 1999
- Seventh Circuit Affirms Dismissal of Prisoner's Law Library Access Claim, by Derek Gilna
- Ninth Circuit: Budgetary Constraints May Excuse Deliberate Indifference to Prisoner’s Serious Medical Needs; En Banc Review Granted
- Tenth Circuit Orders Foreseeability Jury Determination for Detention by New Mexico DOC Employees
- Ninth Circuit: No Summary Judgment on Claim of Excessive Use of Pepper Spray
- Oregon: Jury Trials Required When Prosecutors Treat Misdemeanors as Violations
- Res Judicata Doesn't Bar Ohio Post-release Control Challenge
- Hawaii: Incarceration is Good Cause for Failure to Appear; Bail Forfeiture Set Aside
- News in Brief
More from these topics:
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- Oregon Supreme Court: Jail Credit Statute Focuses Upon Legal Custody Not Physical Custody Location, July 1, 2026. Civil Procedure, Sentencing, Appeals/Appellate Jurisdiction, Criminal Justice, Statutory Construction/Interpretation.
- Louisiana’s Atavistic Approach to Criminal Sentencing and Parole Demonstrates Politicians’ Failure to Learn from Past Mistakes, July 1, 2026. Medical, Conditions of Confinement, Sentencing, Parole, Prisoners' Rights.
- Two More Guards Face Prison Time for Messiah Nantwi Killing, June 1, 2026. Guard Misconduct, Guard Brutality/Beatings, Sentencing, Excessive Force (Wrongful Death), Plea Agreements/Guilty Pleas.
- New Orleans Sheriff Indicted on 30 Charges Related to Malfeasance and Fraud, June 1, 2026. Jail Misconduct, Escapes, Security Systems, Fraud and Deceit.
- SCOTUS Announces Sentencing Reform Act Does Not Authorize Automatic Extension of Supervised Release When Defendant Absconds, Resolving Circuit Split, April 1, 2026. Sentencing, Revocation/Modification of Probation, etc., Statutory Construction/Interpretation, Sentences - Corrections or Modifications of, Probation, Parole & Supervised Release.
- “Devil in the Ozarks” Gets 13 More Years for Escape, March 1, 2026. Guard Misconduct, DOC/BOP misconduct, Escapes, Security Systems, Authentication/Identification.
- Eight Detainees Escape from Louisiana Jail, Captured in 24 Hours, March 1, 2026. Escapes, Jail Specific, Security Systems.
- Two Detainees Captured After Escape from Southwest Georgia Jail, March 1, 2026. Escapes, Jail Specific, Security Systems.
- Escape from Georgia Jail Ends in Florida after Lyft Hijacking, Feb. 1, 2026. Escapes, Jail Specific, Security Systems, Kidnapping, Abduction or Unlawful Restraint.

