In re J.M., 2012 Ohio 1467

Appellant J.M. III was adjudicated delinquent for rape after a two-day juvenile trial in March 2011.
The underlying incident occurred in March 2010 in Lima, Ohio, where a ten-year-old girl (Rosie) alleged she was touched in her vagina by Appellant while sleeping in a room with other children.
Rosie was examined at a hospital; a minor abrasion consistent with a fingernail scratch was observed on her labia.
Appellant initially claimed the contact was accidental but later acknowledged a possible longer touching period during questioning by a sheriff’s investigator.
The trial court admitted Rosie's testimony, allowed the State to present various exhibits, and admitted a recording of the interview with Appellant.
The juvenile court ultimately committed Appellant to the Department of Youth Services for a minimum term, suspended on conditions including treatment and restricted contact with minors.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Competency of the child witness	State contends Rosie was competent; no abuse of discretion.	JM asserts Rosie was not competent due to indicators she was slow.	No abuse; Rosie competent to testify.
Proper swearing-in of a witness	State argues testimonial oath requirements were satisfied.	JM alleges Rosie was not properly sworn in.	Affirmative; no reversible error; affirmation sufficed.
Suppression of Appellant's statement	State argues statements were voluntary and properly admitted.	JM contends Miranda waiver was not knowingly made without parental presence.	No error; waiver valid under totality of circumstances; parental presence not required.
Ineffective assistance of counsel	State asserts counsel reasonably pursued defense; no prejudice shown.	JM claims multiple deficient performances by counsel.	No ineffective assistance; no prejudice shown.
Cumulative error	State argues no combination of errors deprived JM of a fair trial.	JM asserts cumulative errors violated due process.	No cumulative error; judgment affirmed.

State v. Clark, 71 Ohio St.3d 466 (Ohio 1994) (juvenile competency discretion; voir dire when appropriate)
State v. Wallace, 37 Ohio St.3d 87 (Ohio 1988) (presumption of competency for those 10 or older)
Turner v. Turner, 67 Ohio St.3d 337 (Ohio 1993) (competency determinations hinge on ability to relate facts truthfully)
State v. McNeill, 83 Ohio St.3d 438 (Ohio 1998) (trial court’s observation of witness demeanor; abuse-of-discretion standard)
In re Watson, 47 Ohio St.3d 86 (Ohio 1989) (juvenile custodial interrogation rights do not require parental presence)
State v. Bell, 48 Ohio St.2d 270 (Ohio 1976) (Miranda waivers by minors; parent presence not required for waivers)