State v. Szefcyk, 671 N.E.2d 233 (Ohio 1996). · Go Syfert
State v. Szefcyk, 671 N.E.2d 233 (Ohio 1996). Cases Citing This Book View Copy Cite
1,111 citation events (1,036 in the last 25 years) across 8 distinct courts.
Strongest positive: State v. Conway (ohioctapp, 2019-06-06)
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Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) State v. Conway
Ohio Ct. App. · 2019 · quote attribution · 1 verbatim quote · confidence high
res judicata is applicable in all postconviction relief proceedings.
examined Cited as authority (quoted) State v. Parker (Slip Opinion) (4×)
Ohio · 2019 · quote attribution · 4 verbatim quotes · confidence low
there is no 12 january term, 2019 merit to claim that res judicata has no application where there is a change in the law due to a judicial decision of this court
discussed Cited as authority (rule) State v. Berg
Ohio Ct. App. · 2026 · confidence medium
“A convicted defendant is precluded under the doctrine of res judicata from raising and litigating in any proceeding, except an appeal from that judgment, any defense or any claimed lack of due process that was raised or could have been raised by the defendant at the trial, which resulted in that judgment of conviction, or on appeal from that judgment.” State v. Szefcyk, 77 Ohio St.3d 93, 96 (1996).
discussed Cited as authority (rule) State v. Bell
Ohio Ct. App. · 2026 · confidence medium
A “convicted defendant is precluded under the doctrine of res judicata from raising and litigating in any proceeding, except an appeal from that judgment, any defense or any claimed lack of due process that was raised or could have been raised by the defendant at the trial which resulted in that judgment of conviction or on appeal from that judgment.” State v. Szefcyk, 77 Ohio St.3d 93, 96 (1996), citing State v. Perry, 10 Ohio St.2d 175 (1967), paragraph nine of the syllabus.
cited Cited as authority (rule) State v. Allen
Ohio Ct. App. · 2025 · confidence medium
Feb. 12, 1999). {¶ 22} “Res judicata is applicable in all postconviction relief proceedings.” State v. Szefcyk, 77 Ohio St.3d 93, 95 (1996).
cited Cited as authority (rule) Benedict v. Smith
N.D. Ohio · 2025 · confidence medium
State v. Szefcyk, 671 N.E.2d 233, 235 (Ohio 1996) (reaffirming the rule from State v. Perry, 226 N.E.2d 104 (1967)).
discussed Cited as authority (rule) State v. Wood
Ohio Ct. App. · 2025 · confidence medium
Furthermore, “[t]he evidence submitted with the petition must be competent, relevant, and material and not merely cumulative of or alternative to evidence presented at trial.” State v. Jackson, 2017-Ohio-2651, ¶ 16 (8th Dist.), citing State v. Combs, 100 Ohio App.3d 90, 98 (1st Dist. 1994). {¶ 18} “Res judicata is applicable in all postconviction relief proceedings.” State v. Szefcyk, 77 Ohio St.3d 93, 95 (1996).
cited Cited as authority (rule) State v. Jones
Ohio Ct. App. · 2025 · confidence medium
State v. Szefcyk, 77 Ohio St.3d 93, 96 (1996), reaffirming State v. Perry, 10 Ohio St.2d 175 (1967) paragraph nine of the syllabus.
cited Cited as authority (rule) State v. Levy
Ohio Ct. App. · 2025 · confidence medium
LLC, 2024-Ohio-1271, ¶ 14 (8th Dist.), quoting State v. Szefcyk, 77 Ohio St.3d 93, 96 (1996).
cited Cited as authority (rule) State v. St. Anthony Church
unknown court · 2025 · confidence medium
LLC, 2024-Ohio-1271, ¶ 14 (8th Dist.), quoting State v. Szefcyk, 77 Ohio St.3d 93, 96 (1996).
cited Cited as authority (rule) State v. Chapman
Ohio Ct. App. · 2025 · confidence medium
“Res judicata is applicable to all postconviction proceedings.” State v. Szefcyk, 77 Ohio St.3d 93, 95 (1996).
discussed Cited as authority (rule) Reese v. Davis (2×)
Ohio · 2024 · confidence medium
However, this court has explained that [r]es judicata is a rule of fundamental and substantial justice, see State v. Szefcyk (1996), 77 Ohio St.3d 93, 95, 671 N.E.2d 233, citing Federated Dept.
discussed Cited as authority (rule) State v. Goodrich
Ohio Ct. App. · 2024 · confidence medium
Additionally, “ ‘ “[u]nder the doctrine of res judicata, a final judgment of conviction bars a No 24AP-110 4 convicted defendant who was represented by counsel from raising and litigating in any proceeding except an appeal from that judgment, any defense or any claimed lack of due process that was raised or could have been raised by the defendant at the trial, which resulted in that judgment of conviction, or on an appeal from that judgment.” ’ ” (Emphasis omitted.) State v. Scudder, 131 Ohio App.3d 470, 476 (10th Dist.1998), quoting State v. Szefcyk, 77 Ohio St.3d 93, 95 (1996), q…
discussed Cited as authority (rule) State v. Tenney
Ohio Ct. App. · 2024 · confidence medium
Perry v. Sloan, 2016-Ohio-1605, ¶ 7 (11th Dist.), aff’d, 2017-Ohio-1404 . {¶20} Since the 2018 sentencing entry is not void, Mr. Tenney’s arguments were barred by the doctrine of res judicata. “[A] convicted defendant is precluded under the doctrine of res judicata from raising and litigating in any proceeding, except an appeal from that judgment, any defense or any claimed lack of due process that was raised or could have been raised by the defendant at the trial which resulted in that judgment of conviction or on appeal from that judgment.” State v. Szefcyk, 77 Ohio St.3d 93, 96 (1…
cited Cited as authority (rule) State v. Thompson
Ohio Ct. App. · 2024 · confidence medium
No. 21AP-39, 2021-Ohio-2852, ¶ 10 , quoting Jackson at ¶ 92, citing State v. Szefcyk, 77 Ohio St.3d 93, 96 (1996); State v. Barber, 10th Dist.
cited Cited as authority (rule) State v. Enyart
Ohio Ct. App. · 2024 · confidence medium
No. 21AP-39, 2021-Ohio-2852, ¶ 10 , quoting Jackson at ¶ 92, citing State v. Szefcyk, 77 Ohio St.3d 93, 96 (1996); State v. Barber, 10th Dist.
discussed Cited as authority (rule) State v. Bates
unknown court · 2024 · confidence medium
Id., citing State v. Were, 2008-Ohio-5277 , ¶ 7, and State v. Szefcyk, 77 Ohio St.3d 93, 95 (1996); see also Harper at ¶ 43 (“caution[ing] prosecuting attorneys, defense counsel, and pro se defendants throughout this state that they are now on notice that any claim that the trial court has failed to properly impose postrelease control in the sentence must be brought on appeal from the judgment of conviction or the sentence will be subject to res judicata”).
cited Cited as authority (rule) State v. Harris
Ohio Ct. App. · 2024 · confidence medium
State v. Szefcyk, 77 Ohio St.3d 93, 96 (1996), reaffirming State v. Perry, 10 Ohio St.2d 175 (1967), paragraph nine of the syllabus.
cited Cited as authority (rule) State v. Humphrey
Ohio Ct. App. · 2024 · confidence medium
Jan. 7, 2000). {¶ 25} “Res judicata is applicable in all postconviction relief proceedings.” State v. Szefcyk, 77 Ohio St.3d 93, 95 (1996).
cited Cited as authority (rule) State v. Thompson
Ohio Ct. App. · 2023 · confidence medium
No. 12AP-1071, 2013-Ohio-1875 , ¶ 14, quoting State v. Szefcyk, 77 Ohio St.3d 93, 95 (1996).
discussed Cited as authority (rule) Daniels v. Warden, Noble Correctional Institution
S.D. Ohio · 2023 · confidence medium
More importantly for purposes of evaluating the Report, he found Daniels’ claims were barred by the Ohio criminal doctrine of res judicata (Decision and Entry, State Court Record, ECF No. 10, Ex. 23, PageID 208, citing State v. Szefcyk, 77 Ohio St.3d 93, 95 (1996).
discussed Cited as authority (rule) State v. Clagg
Ohio Ct. App. · 2022 · confidence medium
Furthermore, because neither party appealed and "raised [the] argument that the trial court failed to properly impose postrelease control on appeal, it is now barred by the doctrine of res judicata." Harper at ¶ 41, citing State v. Were, 120 Ohio St.3d 85 , 2008-Ohio-5277 , ¶ 7, and State v. Szefcyk, 77 Ohio St.3d 93, 95 (1996). {¶ 10} The trial court's attempt to correct its own mistake after Ms. Clagg's release was misguided.
discussed Cited as authority (rule) State v. Hough
Ohio Ct. App. · 2021 · confidence medium
Under that doctrine "a defendant cannot raise an issue in a postconviction petition if he or she raised or could have raised the issue at the trial that resulted in that judgment of conviction or on an appeal from that judgment." (Emphasis sic.) State v. Jackson, 141 Ohio St.3d 171 , 2014-Ohio- 3707, ¶ 92, citing State v. Szefcyk, 77 Ohio St.3d 93, 96 (1996); State v. Perry, 10 Ohio St.2d 175 (1967), paragraph nine of the syllabus.
cited Cited as authority (rule) State v. Neguse
Ohio Ct. App. · 2021 · confidence medium
No. 09AP-910, 2010-Ohio-2559 , ¶ 19, citing State v. Szefcyk, 77 Ohio St.3d 93, 96 (1996); State v. Perry, 10 Ohio St.2d 175 (1967), paragraph nine of the syllabus.
discussed Cited as authority (rule) State v. Skipper
Ohio Ct. App. · 2021 · confidence medium
No. 03AP-147, 2003-Ohio-6305, ¶ 16 , quoting State v. Szefcyk, 77 Ohio St.3d 93, 95 (1996). {¶ 16} One exception applicable "to both the time limitation for filing a postconviction relief petition and the application of the doctrine of res judicata is the existence of a judgment that is void." State v. Bennett, 4th Dist.
cited Cited as authority (rule) State v. Thompson
Ohio Ct. App. · 2020 · confidence medium
See State v. Reynolds, 79 No. 19AP-359 5 Ohio St.3d 158, 161 (1997); State v. Szefcyk, 77 Ohio St.3d 93, 95 (1996); State v. Braden, 10th Dist.
discussed Cited as authority (rule) State v. Ray (2×)
Ohio Ct. App. · 2020 · confidence medium
State v. Szefcyk, 77 Ohio St.3d 93, 95 (1996).
cited Cited as authority (rule) State v. Brisco
Ohio Ct. App. · 2020 · confidence medium
Id. at ¶ 10, quoting State v. Szefcyk, 77 Ohio St.3d 93, 95 (1996).
discussed Cited as authority (rule) State v. Mitchell
Ohio Ct. App. · 2020 · confidence medium
The Supreme Court of Ohio has held that “a convicted defendant is precluded under the doctrine of res judicata from raising and litigating in any proceeding, except an appeal from that judgment, any defense or any claimed lack of due process that was raised or could have been raised by the defendant at the trial which resulted in that judgment of conviction or on appeal from that judgment.” (Emphasis deleted.) State v. Szefcyk, 77 Ohio St.3d 93, 96 (1996). {¶47} Mr. Mitchell could have raised this argument on direct appeal.
cited Cited as authority (rule) State v. Stapleton
Ohio Ct. App. · 2020 · confidence medium
Franklin No. 17AP-431, 2018-Ohio-306, ¶ 13 , quoting State v. Szefcyk, 77 Ohio St.3d 93, 96 (1996).
cited Cited as authority (rule) State v. Mobarak
Ohio Ct. App. · 2020 · confidence medium
"Res judicata is applicable in all postconviction relief proceedings." (Emphasis sic.) State v. Szefcyk, 77 Ohio St.3d 93, 95 (1996).
discussed Cited as authority (rule) State v. Payne
Ohio Ct. App. · 2020 · confidence medium
As we stated in Payne III, “a convicted defendant is precluded under the doctrine of res judicata from raising and litigating in any proceeding, except an appeal from that 6 judgment, any defense or any claimed lack of due process that was raised or could have been raised by the defendant at the trial which resulted in that judgment of conviction or on appeal from that judgment.” Id. at ¶11, quoting State v. Szefcyk, 77 Ohio St.3d 93, 96 (1996). {¶21} As the Supreme Court of Ohio explained in Straley, supra, albeit in the context of a postsentence motion to withdraw a guilty plea where t…
cited Cited as authority (rule) State v. Connally
Ohio Ct. App. · 2019 · confidence medium
No. 12AP-498, 2013-Ohio-2309 , ¶ 7. {¶ 10} "Res judicata is applicable in all postconviction relief proceedings." State v. Szefcyk, 77 Ohio St.3d 93, 95 (1996).
cited Cited as authority (rule) State v. Miller
Ohio Ct. App. · 2019 · confidence medium
Trumbull No. 2003-T-0064, 2005-Ohio-348, ¶38 , citing State v. Szefcyk, 77 Ohio St.3d 93, 95 (1996).
cited Cited as authority (rule) State v. Gaines
Ohio Ct. App. · 2019 · confidence medium
Trumbull No. 2003-T-0064, 2005-Ohio-348, ¶38 , citing State v. Szefcyk, 77 Ohio St.3d 93, 95 (1996).
cited Cited as authority (rule) State v. Mitchell
Ohio Ct. App. · 2019 · confidence medium
Lake No. 2007-L-169, 2008-Ohio-3261, ¶17 , quoting State v. Szefcyk, 77 Ohio St.3d 93, 96 (1996).
cited Cited as authority (rule) State v. Jennings
Ohio Ct. App. · 2018 · confidence medium
"Res judicata is applicable in all postconviction relief proceedings." State v. Szefcyk, 77 Ohio St.3d 93, 95 (1996).
cited Cited as authority (rule) State v. Walker
Ohio Ct. App. · 2018 · confidence medium
No. 12AP-498, 2013-Ohio-2309 , ¶ 7. {¶ 8} "Res judicata is applicable in all postconviction relief proceedings." State v. Szefcyk, 77 Ohio St.3d 93, 95 (1996).
discussed Cited as authority (rule) State v. Underdown
Ohio Ct. App. · 2018 · confidence medium
The Supreme Court of Ohio has repeatedly affirmed the following: " 'Under the doctrine of res judicata, a final judgment of conviction bars a convicted defendant who was represented by counsel from raising and litigating in any proceeding except an appeal from that judgment, any defense or any claimed lack of due process that was raised or could have been raised by the defendant at the trial, which resulted in that judgment of conviction, or on an appeal from that judgment.' " (Emphasis sic.) State v. Davis, 139 Ohio St.3d 122 , 2014-Ohio-1615, ¶ 28 , quoting State v. Szefcyk, 77 Ohio St.3d 9…
discussed Cited as authority (rule) State v. Goodman
Ohio Ct. App. · 2018 · confidence medium
In the context of criminal cases, a convicted defendant is precluded under the doctrine of res judicata “from raising and litigating in any proceeding except an appeal from that judgment, any defense or any claimed lack of due process that was raised or could have been raised by the defendant at the trial, which resulted in that judgment of conviction, or on an appeal from that judgment.” (Emphasis added.) State v. Szefcyk, 77 Ohio St.3d 93, 96 (1996).
discussed Cited as authority (rule) State v. Wimbley
Ohio Ct. App. · 2018 · confidence medium
"Under the doctrine of res judicata, a defendant cannot raise an issue in a postconviction petition if he or she raised or could have raised the issue at the trial that resulted in that judgment of conviction or on an appeal from that judgment." State v. Jackson, 141 Ohio St.3d 171 , 2014-Ohio-3707, ¶ 92 , citing State v. Szefcyk, 77 Ohio St.3d 93, 96 (1996).
discussed Cited as authority (rule) State v. McGowan
Ohio Ct. App. · 2018 · confidence medium
State v. Perry, 10 Ohio St.2d 175 (1967), at paragraphs seven and eight of the syllabus. {¶10} “‘Under the doctrine of res judicata, a final judgment of conviction bars a convicted defendant who was represented by counsel from raising and litigating in any proceeding except an appeal from that judgment, any defense or any claimed lack of due process that was raised or could have been raised by the defendant at the trial, which resulted in that judgment of conviction, or on an appeal from that judgment.’” (Emphasis omitted.) State v. Szefcyk, 77 Ohio St.3d 93, 95 (1996), quoting Perry,…
cited Cited as authority (rule) State v. Braden
Ohio Ct. App. · 2018 · confidence medium
No. 12AP-1071, 2013-Ohio-1875 , ¶ 14, quoting State v. Szefcyk, 77 Ohio St.3d 93, 95 (1996).
cited Cited as authority (rule) State v. White
Ohio Ct. App. · 2017 · confidence medium
"Res judicata is applicable in all postconviction relief proceedings." State v. Szefcyk, 77 Ohio St.3d 93, 95 (1996).
cited Cited as authority (rule) State v. Hillman
Ohio Ct. App. · 2017 · confidence medium
"Res judicata is applicable in all postconviction relief proceedings." State v. Szefcyk, 77 Ohio St.3d 93, 95 (1996).
cited Cited as authority (rule) State v. Robinson
Ohio Ct. App. · 2017 · confidence medium
No. 01AP- 1011, 2002-Ohio-3321 , ¶ 27. {¶ 13} "Res judicata is applicable in all postconviction relief proceedings." State v. Szefcyk, 77 Ohio St.3d 93, 95 (1996).
discussed Cited as authority (rule) State v. Johnson
Ohio Ct. App. · 2017 · confidence medium
Lake No. 2007-L-169, 2008-Ohio-3261, ¶17 , stated: {¶12} In the context of criminal cases, “a convicted defendant is precluded under the doctrine of res judicata from raising and litigating in any proceeding, except an appeal from that judgment, any defense or any claimed lack of due process that was raised or could have been raised by the defendant at the trial, which resulted in that judgment of conviction, or on appeal from that judgment.” State v. Szefcyk, 77 Ohio St.3d 93, 96 (1996). {¶13} In State v. Palmer, 7th Dist.
cited Cited as authority (rule) State v. Canada
Ohio Ct. App. · 2016 · confidence medium
No. 13AP-114, 2013-Ohio-3547 , ¶ 10. " 'Res judicata is applicable in all postconviction relief proceedings.' " Ibraham at ¶ 10, quoting State v. Szefcyk, 77 Ohio St.3d 93, 95 (1996).
cited Cited as authority (rule) State v. Smith
Ohio Ct. App. · 2016 · confidence medium
State v. Szefcyk, 77 Ohio St.3d 93, 96 (1996); State v. Hicks, 12th Dist.
cited Cited as authority (rule) State v. Melhado
Ohio Ct. App. · 2016 · confidence medium
Id., citing State v. Brown, 167 Ohio App.3d 239 , 2006-Ohio-3266, ¶ 7 (10th Dist.); State v. Szefcyk, 77 Ohio St.3d 93, 96 (1996).
Retrieving the full opinion text from the archive…
The State of Ohio
v.
Szefcyk
No. 95-1134.
Ohio Supreme Court.
Nov 13, 1996.
671 N.E.2d 233
Gregory A. White, Lorain County Prosecuting Attorney, and Jonathan E. Rosenbaum, Assistant Prosecuting Attorney, for appellant., Bradley & Giardini Co., L.P.A., and Jack W. Bradley, for appellee.
Cook, Douglas, Moyer, Pfeifer, Resnick, Stratton, Sweeney, Tenth, Young.
Cited by 639 opinions  |  Published
1 passages pin-cited by 1 case
Pinpoint authority: bottom 60%
Citer courts: Ohio Supreme Court (4)
Alice Robie Resnick, J.

This case provides us with an opportunity to revisit our recent summary decision in State v. Westfall (1995), 71 Ohio St.3d 565, 645 N.E.2d 730.

The facts of that case, as set forth in the court of appeals’ opinion, indicate that Westfall pled no contest and was found guilty of two counts of involuntary manslaughter, two counts of negligent assault, one count of driving under a suspended license, and one count of failure to operate his vehicle within marked lanes. The latter offense, a minor misdemeanor, was the predicate offense to the involuntary manslaughter counts. Westfall timely appealed his conviction, contending that a conviction for involuntary manslaughter pursuant to R.C. 2903.04(B) cannot be predicated upon a minor misdemeanor. The Ninth District Court of Appeals affirmed his conviction. State v. Westfall (July 31, 1991), Summit App. No. 14930, unreported, 1991 WL 149573. Westfall appealed that decision to this court and jurisdiction was denied. State v. Westfall (1991), 62 Ohio St.3d 1475, 581 N.E.2d 1097.

Subsequent to our decision denying jurisdiction in Westfall, the Court of Appeals for Miami County certified the identical issue for review by this court, that is, whether pursuant to R.C. 2903.04(B) a minor misdemeanor can be the predicate offense to a charge of involuntary manslaughter. This court, in affirming the court of appeals, held at the syllabus:

“A minor misdemeanor may not serve as the underlying predicate offense for purposes of the involuntary manslaughter statute, R.C. 2903.04(B).” State v. Collins (1993), 67 Ohio St.3d 115, 616 N.E.2d 224.[1]

[*95] After Collins was announced, Westfall filed a petition for postconviction relief, which was granted by the trial court. The state appealed that decision to the court of appeals. The Ninth District Court of Appeals, in State v. Westfall (Sept. 28, 1994), Summit App. No. 16663, unreported, 1994 WL 527883, reversed the trial court, relying upon State v. Perry (1967), 10 Ohio St.2d 175, 39 O.O.2d 189, 226 N.E.2d 104, paragraph nine of the syllabus:

“Under the doctrine of res judicata, a final judgment of conviction bars a convicted defendant who was represented by counsel from raising and litigating in any proceeding except an appeal from that judgment, any defense or any claimed lack of due process that was raised or could have been raised by the defendant at the trial, which resulted in that judgment of conviction, or on an appeal from that judgment.” (Emphasis sic.)

This court, in State v. Westfall (1995), 71 Ohio St.3d 565, 645 N.E.2d 730, allowed the discretionary appeal, summarily reversed the judgment of the court of appeals, and reinstated the judgment of the trial court on authority of State v. Collins.

In the case sub judice, the appellee filed a direct appeal, urging reversal of his involuntary manslaughter conviction, arguing that the trial court erred in allowing a minor misdemeanor to support a conviction of involuntary manslaughter. The court of appeals affirmed his conviction. This court denied jurisdiction. The appellee in this case fully litigated that issue. He cannot now come before this court and relitigate it simply because of a subsequent decision of this court. There is no merit to appellee’s claim that res judicata has no application where there is a change in the law due to a judicial decision of this court. Res judicata is applicable in all postconviction relief proceedings. Our holding today underscores the importance of finality of judgments of conviction. “ ‘[Pjublic policy dictates that there be an end of litigation; that those who have contested an issue shall be bound by the result of the contest, and that matters once tried shall be considered forever settled as between the parties.’ [Citation omitted.] We have stressed that ‘[the] doctrine of res judicata is not a mere matter of practice or procedure inherited from a more technical time than ours. It is a rule of fundamental and substantial justice, “of public policy and of private peace,” which should be cordially regarded and enforced by the courts. * * *’ [Citation omitted.]” Federated Dept. Stores, Inc. v. Moitie (1981), 452 U.S. 394, 401, 101 S.Ct. 2424, 2429, 69 L.Ed.2d 103, 110-111.

[*96] We, therefore, reaffirm our holding in Perry that a convicted defendant is precluded under the doctrine of res judicata from raising and litigating in any proceeding, except an appeal from that judgment, any defense or any claimed lack of due process that was raised or could have been raised by the defendant at the trial which resulted in that judgment of conviction or on appeal from that judgment. We approve of and follow paragraph nine of the syllabus of State v. Perry, supra. To the extent that State v. Westfall, supra, 71 Ohio St.3d 565, 645 N.E.2d 730, implies that Perry is no longer good law, we disapprove of that result.

The judgment of the court of appeals is reversed.

Judgment reversed.

Moyer, C.J., Douglas, F.E. Sweeney, Pfeifer, Young and Stratton, JJ., concur. John C. Young, J., of the Tenth Appellate District, sitting for Cook, J.
1

After this court decided Collins, the Ohio General Assembly, effective September 29, 1994, amended R.C. 2903.04(B) to read as follows:

[*95] “No person shall cause the death of another as a proximate result of the offender’s committing or attempting to commit a misdemeanor of the first, second, third, or fourth degree or a minor misdemeanor.” (145 Ohio Laws, Part III, 5117.)