Cleveland v. Sabetta

Citations

• 2021 Ohio 4426

Syllabus

Community control sanctions restriction on parental visitation denial of motion to modify condition scope of appeal res judicate. Appellant timely filed a notice of appeal from an October 14, 2020 judgment denying his motion to modify the condition of community control that restricted visitation with his minor daughter to a specific location. However, the thrust of appellant's sole assignment of error is that the trial court violated his right to due process by imposing a condition of community control that restricted his visitation with his minor daughter. Because the sole assignment of error pertains to a purported due process violation that predates the October 14, 2020 order denying appellant's motion to modify the specific community control condition, the issue is outside the scope of the instant appeal. Further, because appellant's core argument, in the present appeal, pertains to a purported due process violation flowing from the December 2019 imposition of the condition in his sentence, it is now untimely and barred by the doctrine of res judicata. It is well established that res judicata bars the consideration of issues that could have been raised on direct appeal.