State v. Hudson
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The Supreme Court reversed the judgment of the court of appeals to the extent that the court remanded this case to the trial court to correct an entry imposing post release control, holding that the sentencing entry did not include notice of the consequences of violating postrelease control, but that failure rendered the sentence voidable, not void.
After the court of appeals affirmed Defendant's convictions and sentence Defendant filed a motion to vacate and release from postrelease control, arguing that the trial court had failed properly to impose postrelease control and, therefore, that part of his sentence was void. The court of appeals remanded the case to the trial court to issue a nunc pro tunc entry correcting the deficiency in the judgment entry, as defined in State v. Grimes, 85 N.E.3d 700 (2017). The Supreme Court reversed, holding (1) when the sentencing court has jurisdiction to proceed to judgment, sentencing errors in imposing postrelease control render the sentence voidable, and the doctrine of res judicata will apply to collateral attacks on the sentence; and (2) Defendant's collateral attack on his sentence was barred by res judicata.
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