In re D.S.
2013 Ohio 4565
Ohio Ct. App.2013Background
- D.S. was charged with aggravated robbery with a firearm specification and bound over to the general division; the state sought bindover based on probable cause.
- Dupree identified D.S. as a robber, and D.P. implicated D.S. in the crime.
- D.P. claimed D.S. supplied a gun and spoke during the robbery; D.S. later purportedly admitted stealing but denied realizing the gun was drawn.
- Officer Petree obtained surveillance photos; she linked D.P. to the robbery and, via questioning, to D.S.
- The trial court dismissed the complaint for lack of probable cause; the state appealed seeking reversal and remand for an amenability hearing.
- The appellate court reverses and remands for further proceedings to conduct an amenability hearing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was probable cause to bind over D.S. to adult court | State argues probable cause supported by victim identification and co-defendant confession | D.S. argues insufficient evidence to establish probable cause | Probable cause exists based on identification and co-defendant's implicating statements |
| Whether the record supports a de novo sufficiency review of probable cause | State contends sufficiency review applies to probable-cause findings | D.S. contends no findings; review should be limited | Court reviews de novo for probable cause given absence of trial court findings |
| Whether the court should remand for an amenability hearing | State seeks remand to proceed with amenability determination | N/A | Remand for amenability hearing ordered |
Key Cases Cited
- State v. Iacona, 93 Ohio St.3d 83 (2001) (probable cause standard for juvenile offenses)
- In re A.J.S., 120 Ohio St.3d 185 (2008) (de novo review of probable-cause findings when no trial court findings)
- Jenks v. State, 61 Ohio St.3d 259 (1991) (sufficiency review standard for criminal evidence)
- George v. State, 45 Ohio St.3d 325 (1989) (reasonable probability standard for sufficiency)
- Johnson v. State, 93 Ohio St.3d 240 (2001) (sufficiency and accomplice liability)
- State v. Thompkins, 78 Ohio St.3d 380 (1997) (sufficiency as a matter of law; standard for review)