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In re D.S.
2011 Ohio 5250
Ohio Ct. App.
2011
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Background

  • D.S. was charged as a juvenile with murder and additional felonies arising from a shooting at a Cleveland bus stop (Sept. 22, 2009 incident).
  • A prior adjudication found D.S. amenable to juvenile rehabilitation; the state later sought a SYO disposition under R.C. 2152.13.
  • Two indictments were filed (May 28, 2010) including murder with firearm specifications, attempted felonious assault, and felonious assault with SYO specifications.
  • At trial (Aug. 17, 2010), the court found D.S. delinquent on all counts as an aider and abetter.
  • Pursuant to mandatory SYO, the court imposed an 18-years-to-life adult sentence and ordered a ODYS commitment for murder; firearm specs added to the disposition.
  • The court stayed the SYO sentence pending juvenile disposition; the disposition did not explicitly address all counts, triggering a lack of final, appealable order.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether the order is final and appealable. D.S. argues for appellate review of delinquency and disposition. State contends the order is not final due to incomplete disposition entries. Appeal dismissed for lack of a final, appealable order.

Key Cases Cited

  • In re A.H., 2011-Ohio-2039 (2011-Ohio-2039) (disposition must cover all counts; otherwise not final)
  • State v. Baker, 119 Ohio St.3d 197 (2008-Ohio-3330) (requires disposition on each count at adjudication)
  • Chef Italiano Corp. v. Kent State Univ., 44 Ohio St.3d 86 (1989) (finality and disposition requirements in appeals)
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Case Details

Case Name: In re D.S.
Court Name: Ohio Court of Appeals
Date Published: Oct 13, 2011
Citation: 2011 Ohio 5250
Docket Number: 95803
Court Abbreviation: Ohio Ct. App.