State v. Brandeberry
2017 Ohio 5676
| Ohio Ct. App. | 2017Background
- In May 2015 Kassi Brandeberry (age 17) admitted setting a gasoline fire that killed a 14‑year‑old, severely injured a 13‑year‑old, injured a firefighter, and destroyed a family home.
- Juvenile court complaints charged aggravated murder and burglary; the State sought mandatory transfer to adult court under Ohio’s bindover statutes.
- Juvenile court found probable cause and transferred the case to the Lucas County Court of Common Pleas; a grand jury later indicted Brandeberry on multiple counts.
- In April 2016 Brandeberry pled guilty to murder, two counts of aggravated arson, and attempted burglary; remaining counts were dismissed.
- In May 2016 the trial court sentenced Brandeberry to an aggregate term of 21 years to life and designated her an arson offender; she appealed raising four assignments of error.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| 1. Constitutionality of mandatory transfer (due process) | Mandatory transfer statutes create an irrebuttable presumption of adult culpability and bar individualized amenability findings; violate due process | A guilty plea forfeits nonjurisdictional challenges; statutes have long been upheld and were not declared unconstitutional | Transfer statutes constitutional under Ohio Supreme Court's Aalim II; juvenile court had subject‑matter jurisdiction; first assignment denied |
| 2. Equal protection challenge to mandatory transfer | Mandatory transfer treats juveniles differently without justification | Same as above; statutes constitutional | Moot in light of disposition on Issue 1; assigned error not well‑taken |
| 3. Mandatory adult sentencing statutes as applied to juveniles | Mandatory minimums and sentencing statutes forbid individualized consideration of youth; violate Eighth/Fourteenth Amendments | Ohio precedent (e.g., Warren) supports mandatory terms; appellant raised facial challenge on appeal and plain‑error review applies | Facial plain‑error challenge fails because error was not plain (no controlling Ohio Supreme Court pronouncement); third assignment denied |
| 4. Ineffective assistance for failure to object to transfer and mandatory sentencing | Counsel deficient for not preserving constitutional objections; prejudice because appeal rights lost | Objecting was not unreasonable given prior adverse rulings; no showing of prejudice or reasonable probability of different outcome | No deficient performance or resulting prejudice shown; ineffective assistance claim denied |
Key Cases Cited
- State v. Fitzpatrick, 102 Ohio St.3d 321, 810 N.E.2d 927 (2004) (a valid guilty plea waives all nonjurisdictional defects)
- State v. Warren, 118 Ohio St.3d 200, 887 N.E.2d 1145 (2008) (upheld application of mandatory life term to juvenile offender)
- State v. Barnes, 94 Ohio St.3d 21, 759 N.E.2d 1240 (2002) (plain‑error standard and when error is ‘‘plain’’)
- Strickland v. Washington, 466 U.S. 668 (1984) (two‑part test for ineffective assistance of counsel)