State v. Quarterman (Slip Opinion)
140 Ohio St. 3d 464
| Ohio | 2014Background
- In November 2011, then-16-year-old Alexander Quarterman participated in an aggravated robbery in which he displayed a firearm; juvenile complaints were filed the next day.
- At a mandatory bindover hearing the juvenile court found probable cause and, because Quarterman was 16 and a firearm was involved, transferred the case to the common pleas court under Ohio’s mandatory bindover statutes (R.C. 2152.10(A)(2)(b) and 2152.12(A)(1)(b)(ii)). Quarterman did not object at the juvenile-court hearing.
- The grand jury indicted Quarterman on three counts of aggravated robbery with firearm specifications; in the common pleas court he pleaded guilty to one count with an amended firearm specification and received a joint recommended aggregate sentence of four years.
- On appeal to the Ninth District, Quarterman raised for the first time constitutional challenges to Ohio’s mandatory bindover procedure (due process, equal protection, and Eighth Amendment cruel-and-unusual-punishment), and alleged ineffective assistance for counsel’s failure to object; the court of appeals affirmed.
- The Ohio Supreme Court considered whether Quarterman preserved his constitutional claims and whether forfeited claims could be reviewed for plain error; Quarterman failed to present a developed argument on forfeiture/plain-error to the court.
- The Ohio Supreme Court affirmed the appellate judgment, holding Quarterman forfeited his constitutional challenges by failing to raise them in the trial courts and failed to carry his burden to show plain error warranting relief.
Issues
| Issue | Plaintiff's Argument (Quarterman) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Whether Ohio’s mandatory bindover statutes violate due process by denying individualized juvenile-court consideration | Mandatory transfer prevents individualized assessment of rehabilitative capacity; juvenile-court discretion is required | States may treat certain older juveniles differently to protect public safety; no fundamental right to adult/juvenile forum | Forfeited; court declined to reach the merits because Quarterman failed to timely raise or demonstrate plain error |
| Whether mandatory bindover violates equal protection | Treats older juveniles differently without empirical justification; no rational basis for distinction among under-18s | Juveniles are not a suspect class; rational-basis review applies and statute is rationally related to public safety | Forfeited; not reached on merits for lack of preservation/plain-error showing |
| Whether mandatory bindover constitutes cruel and unusual punishment under the Eighth Amendment | National consensus requires individualized transfer determinations; mandatory transfer ignores mitigating youth factors | Mandatory transfer is procedural, not punishment; Eighth Amendment claim misplaced | Forfeited; not reached on merits for lack of preservation/plain-error showing |
| Whether appellate courts may consider forfeited statutory-constitutionality claims as plain error or as jurisdictional defects | Transfer to adult court without challenge deprives juvenile of liberty interest and may be jurisdictional error | Forfeiture rules apply; plain-error review is discretionary and burden rests on appellant to show manifest miscarriage of justice | Quarterman forfeited issue; he failed to argue/apply plain-error standard, so court declined to consider the constitutional claim or treat it as jurisdictional |
Key Cases Cited
- State v. Awan, 22 Ohio St.3d 120 (Ohio 1986) (constitutional objections must generally be raised at first opportunity in trial court)
- State v. Childs, 14 Ohio St.2d 56 (Ohio 1968) (appellate courts will not consider errors not raised at a time when trial court could have corrected them)
- United States v. Olano, 507 U.S. 725 (U.S. 1993) (distinguishing forfeiture from waiver in preservation analysis)
- State v. Davis, 116 Ohio St.3d 404 (Ohio 2007) (plain-error review available for forfeited constitutional claims in some circumstances)
- State v. Payne, 114 Ohio St.3d 502 (Ohio 2007) (burden of demonstrating plain error is on the appellant)
- In re M.D., 38 Ohio St.3d 149 (Ohio 1988) (forfeited constitutional challenges may be reviewed where rights and interests warrant it)