In re M.W.
978 N.E.2d 164
Ohio2012Background
- M.W., a juvenile, was interrogated by police before a complaint alleging delinquency was filed and before appearance in juvenile court.
- The interrogation occurred after a vehicle stop; M.W. gave a written waiver and statements following Miranda warnings at the scene.
- Detective Borden filed a delinquency complaint in juvenile court based on the statements, requesting that M.W. be bound over for adult prosecution.
- The juvenile court denied the state’s motion to transfer M.W. to adult court; a magistrate and then the juvenile court adjudicated delinquency with a multi-year commitment.
- M.W. argued that R.C. 2151.352 grants a statutory right to counsel at all stages, including pre-complaint interrogation, and that he could not waive Miranda rights without counsel or parental consultation.
- The appellate court held that R.C. 2151.352 does not attach until a complaint is filed or the juvenile first appears in court, so the pre-complaint interrogation was not a “proceeding” under the statute.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does R.C. 2151.352 apply to pre-complaint interrogation? | M.W. contends interrogation is a proceeding under 2151.352, triggering counsel rights. | State argues interrogation is not a court proceeding, so 2151.352 rights attach only after complaint/appearance. | No; proceedings means court proceedings, not police interrogation. |
Key Cases Cited
- In re C.S., 115 Ohio St.3d 267 (2007-Ohio-4919) (interpreted 2151.352 in delinquency context; counsel waiver standards)
- State v. Davis, 132 Ohio St.3d 25 (2012-Ohio-1654) (criminal action/proceeding involves court involvement; timing of charges matters)
- State v. Ostrowski, 30 Ohio St.2d 34 (1972) (contextualizes proceedings; proceedings before trial/charges linked to court action)
- Rice v. United States, 356 F.2d 709 (1966) (broad interpretation of 'proceeding' to include pre-charge investigative steps)
- Gault, 387 U.S. 1 (1967) (juvenile due process and right to counsel during police interaction)
- Miranda v. Arizona, 384 U.S. 436 (1966) (right to counsel during custodial interrogation)