In re C.G., 2012 Ohio 5286

This is an appeal by the state from a juvenile court's denial of mandatory bindover of a 17-year-old charged with aggravated robbery.
The offense would be a category two offense if committed by an adult, triggering mandatory bindover under R.C. 2152.10(A) and 2152.12(A)(1).
The victim, Julia Ivanova, identified C.G. in court as the taller male who held the gun and demanded her property during a July 19, 2011 robbery in Cleveland.
Det. Gray's investigation tied the stolen cell phone to C.G. and another resident, Diandre Lott, through phone records, photos, and a photo lineup, with hair and ear piercing details contested by the defense.
Defense witnesses testified to C.G.'s hair color, a blonde streak, and the presence of another resident, Walden, at a related location, challenging the state's identification.
The appellate court conducted a de novo review of probable cause but deferred to the juvenile court on credibility of the sole eyewitness and affirmed the denial of bindover.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether there was probable cause to bind over the juvenile	State argued victim's identification and evidence established every element.	C.G. challenged credibility and reliability of identification; hair and witness discrepancies undermine probative value.	Probable cause lacking; court affirmed denial of bindover.

State v. Iacona, 93 Ohio St.3d 83 (2001-Ohio-1292) (probable cause standard for juvenile bindover; credibility assessed de novo)
In re A.J.S., 120 Ohio St.3d 185 (2008-Ohio-5307) (probable cause review; eyewitness credibility matters)