In re A.V.
2013 Ohio 264
Ohio Ct. App.2013Background
- A.V. was charged with burglary and theft in 2010; she admitted burglary and was found delinquent, with theft nolled, and placed on probation.
- In January 2012, A.V. admitted to violating probation; the court imposed a six-month commitment to ODYS but suspended it.
- In March 2012, probation officers alleged another probation violation; A.V. admitted to the violation and the court invoked the suspended ODYS commitment, with a term minimum six months to age twenty‑one.
- A.V. challenged the admission as not knowing, intelligent, and voluntary under the Fifth and Fourteenth Amendments and Juv.R. 29 and Juvenile Rule 29.
- The trial court did not inform A.V. of the maximum ODYS term she could face if found in violation, affecting voluntariness of the admission.
- The court held that Juv.R. 29(D) requires informing the juvenile of consequences; failure to do so voided the admission as voluntary.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was A.V.'s probation-violation admission knowing, intelligent, and voluntary? | A.V. argues lack of notice of maximum penalty voids voluntariness. | State contends substantial compliance with Juv.R. 29 is sufficient given circumstances. | Admission not voluntary; judgment reversed and remanded. |
Key Cases Cited
- In re L.A.B., 121 Ohio St.3d 112 (2009-Ohio-354) (Juv.R. 29 applies to probation revocation; require careful inquiry)
- In re C.S., 115 Ohio St.3d 267 (2007-Ohio-4919) (strict compliance with Juv.R. 29(D) preferred)
- In re T.B., 2010-Ohio-523 (8th Dist.) (failure to inform of ODYS term invalidates voluntariness)
- In re A.E., 2011-Ohio-4746 (5th Dist.) (strict inquiry into consequences required)
- In re Feaster, 2011-Ohio-4222 (9th Dist.) (court must convey consequences of admission)
- In re Flynn, 101 Ohio App.3d 778 (8th Dist.1995) (juvenile plea analogous to guilty plea; requires understanding)