In re N.I.
191 Ohio App. 3d 97
| Ohio Ct. App. | 2010Background
- Complaint for rape filed against N.I., a juvenile around 13 years old, in August 2009.
- January 2010, trial court adjudicated N.I. delinquent of rape beyond a reasonable doubt.
- March 2010, NI moved to reconsider or to dismiss under Juv.R. 29(F)(2)(d).
- Dispositional hearing led the court to dismiss the complaint as in the best interest of the child and community.
- State sought appellate review under R.C. 2945.67(A); court granted leave to appeal, challenging the dismissal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the state may appeal a juvenile court's dismissal under Juv.R. 29(F)(2)(d). | State contends the trial court abused its discretion by dismissing. | NI contends dismissal was proper and final, triggering double jeopardy concerns. | No substantive issue; appeal dismissed for lack of jurisdiction. |
| Whether double jeopardy bars review or there exists a substantive legal issue capable of repetition. | State argues issue is substantive and reviewable despite final verdict. | NI argues no reviewable substantive issue remains beyond the final verdict. | Double jeopardy bars retrial; no underlying substantive legal question identified for review. |
Key Cases Cited
- Breed v. Jones, 421 U.S. 519 (U.S. 1975) (jeopardy concerns in juvenile adjudicatory proceedings)
- United States v. Jorn, 400 U.S. 470 (U.S. 1971) (jeopardy attaches when trial begins)
- State v. Penrod, 62 Ohio App.3d 720 (Ohio App.3d 1989) (discussion of jeopardy in juvenile contexts)
- State v. Fisher, 35 Ohio St.3d 22 (Ohio 1988) (limits on appeals in delinquency cases)
- State v. Bistricky, 51 Ohio St.3d 157 (Ohio 1990) (reviewability of final judgments in delinquency appeals)
- State ex rel Leis v. Kraft, 10 Ohio St.3d 34 (Ohio 1984) (scope of state appellate right in delinquency matters)
- Arnett, 2004-Ohio-5766 (Ohio 2004) (discusses double jeopardy and reviewability in juvenile dismissals)