State v. D.W.
133 Ohio St. 3d 434
| Ohio | 2012Background
- D.W., age 17, was charged with burglary and other offenses in Cuyahoga County Juvenile Court.
- Probable-cause hearing occurred; court acknowledged prior bindover to adult court and considered amenability.
- Prosecutor suggested amenability may have been waived; defense discussed waiver possibilities.
- The juvenile court transferred the case to adult court without conducting an amenability hearing.
- The Eighth District affirmed, rejecting the lack of amenability hearing and regarding waiver as having occurred through counsel.
- The Ohio Supreme Court granted discretionary review to resolve whether amenability hearing can be waived and the proper waiver standard.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Can the amenability hearing be waived | D.W. argues waiver is impermissible | State contends waiver is possible under Juv.R. 3 with proper record | Amenability hearing may be waived under proper procedure |
| What procedure fixes a valid waiver | Waiver must be express and on the record | Waiver may be valid if an express on-record waiver and meaningful colloquy occur | Waiver requires express on-record statement by the juvenile through counsel and a knowing, voluntary, intelligent colloquy |
| Was the waiver properly shown in this case | Record shows explicit waiver by juvenile or counsel | Waiver could be implied from prior bindover and absence of an amenability hearing | There was no proper waiver on the record; remand for amenability hearing or proper waiver |
Key Cases Cited
- Kent v. United States, 383 U.S. 558 (U.S. Supreme Court, 1966) (due process and need for a hearing before waiver to adult court)
- In re Gault, 387 U.S. 1 (U.S. Supreme Court, 1967) (juvenile due process rights apply to delinquency proceedings)
- In re C.S., 115 Ohio St.3d 267 (2007) (waiver of right to counsel and related protections in juvenile court)
- State v. Adams, 69 Ohio St.2d 120 (1982) (binding over and its limits; legislative overrule by later amendments)
- Kent v. United States (duplicate for clarity), 383 U.S. 541 (1966) (establishes due process requirements for juvenile waiver decisions)