State v. Morgan (Slip Opinion)
103 N.E.3d 784
| Ohio | 2017Background
- Raymond Morgan, age 16, committed multiple shootings; state filed three delinquency complaints and sought transfer to adult court after an amenability hearing.
- Morgan’s mother participated in the pre-hearing evaluation but died before the amenability hearing; no parent, guardian, or legal custodian was present at that hearing.
- The juvenile court held an amenability hearing, reviewed psychological/social reports (including a court-ordered evaluation favorable to Morgan), but the judge discounted parts of the evaluator’s conclusions and ordered bindover to adult court.
- The juvenile court did not appoint a guardian ad litem (GAL) as required by R.C. 2151.281(A)(1) and Juv.R. 4(B)(1) for a child with no parent; Morgan did not request a GAL at the hearing.
- Morgan was bound over, later pleaded guilty in adult court and received an aggregate 18-year sentence; on appeal he argued the court’s failure to appoint a GAL was reversible error.
- The Ohio Supreme Court held a GAL must be appointed when a juvenile with no parent appears at an amenability hearing, applied the criminal plain-error standard to unpreserved errors in juvenile delinquency proceedings, but affirmed because Morgan failed to show the error affected the outcome.
Issues
| Issue | Plaintiff's Argument (Morgan) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Whether a juvenile must request a GAL when parents are absent at an amenability hearing | Morgan: No request is required; statute mandates appointment when child has no parent | State: Implicitly argued appointment not automatic without request or that error harmless | Court: Statute (R.C. 2151.281) and Juv.R. 4(B)(1) mandate appointment when child has no parent; juvenile need not request it |
| Standard of review for unpreserved GAL-appointment error in juvenile delinquency | Morgan: Error is structural or at least presumed prejudicial; no need to show prejudice | State: Plain-error review applies and requires showing prejudice; no presumption of prejudice | Court: Apply criminal plain-error standard (Crim.R.52(B)) to juvenile delinquency unpreserved errors; no presumption of prejudice |
| Whether the juvenile was prejudiced by the failure to appoint a GAL | Morgan: Absence of GAL deprived him of statutory protection and may have affected bindover outcome | State: Morgan had counsel, records and reports were before the court, and he cannot show different outcome | Court: Morgan failed to show the error affected the outcome; no reversal on that basis |
| Remedy for failure to appoint GAL when unpreserved | Morgan: Vacate bindover / remand for new amenability hearing | State: No relief absent showing of prejudice | Court: Juvenile courts must appoint GALs when required; absent showing of outcome effect under plain-error review, no reversal; judgment affirmed |
Key Cases Cited
- Kent v. United States, 383 U.S. 541 (U.S. 1966) (juvenile waiver/transfer hearings must meet essentials of due process)
- In re Gault, 387 U.S. 1 (U.S. 1967) (juveniles entitled to many criminal-procedure protections)
- In re Winship, 397 U.S. 358 (U.S. 1970) (proof beyond a reasonable doubt applies in juvenile adjudications)
- Goldfuss v. Davidson, 79 Ohio St.3d 116 (Ohio 1997) (civil plain-error doctrine limited to rare cases affecting fairness/integrity of judicial process)
- State v. Barnes, 94 Ohio St.3d 21 (Ohio 2002) (elements of criminal plain-error review under Crim.R. 52(B))
- State v. Rogers, 143 Ohio St.3d 385 (Ohio 2015) (cautionary guidance on invoking plain error)
- In re Anderson, 92 Ohio St.3d 63 (Ohio 2001) (recognizing criminal aspects of juvenile proceedings)