State v. R.D.
23 N.E.3d 313
Ohio Ct. App.2014Background
- Juvenile was charged in 2012 with offenses including aggravated robbery, robbery, felonious assault, kidnapping; cases transferred to adult court under R.C. 2152.12.
- Mandatory bindover applied in case 12JU-2245 due to aggravated robbery with a firearm; transfer to adult court required.
- Discretionary bindover applied to two other juvenile cases (12JU-4021 and 12JU-2968); no amenability hearing was conducted before transfer.
- Adult court cases 12CR-4024 and 12CR-5584 reflected those transfers; appellant pled guilty to certain counts and the court imposed sentences.
- The appellate court held the adult court lacked subject-matter jurisdiction for two transferred cases due to improper transfer procedures, but retained jurisdiction for the J.W. felonious assault conviction.
- Remanded to juvenile court for amenability hearing or valid waiver; convictions in 12CR-5584 void; 12CR-4024 conviction for J.W. felonious assault affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether juvenile transfers complied with R.C. 2152.12 and conferred jurisdiction on the adult court | Brown v. State indicates proper transfer required; firearm category two offenses trigger mandatory bindover | Brown argues improper discretionary transfers without amenability waivers void the adult-court judgments | Partially sustained; two discretionary transfers lacked amenability waiver; those convictions void; mandatory transfer in 12JU-2245 valid for 12CR-4024 |
| Whether the 12JU-4021 and 12JU-2968 transfers required amenability hearings | Brown requires amenability hearing or valid waiver for discretionary bindover | State argues last sentence of F(2) allows transfer without amenability in certain structures | Void for lack of amenability waiver; judgments in felonious assault of E.H. and burglary of C.Y. invalid |
| Whether the indictment in 12CR-5584 cured the adult-court lack of jurisdiction for B.S. felonious assault | Adams permits grand jury to indict when transfers occur | Grand jury could not cure jurisdiction where transfers were improper | Void; indictment could not cure jurisdictional defect; remand for amenability hearing |
| Whether the 12CR-4024 J.W. felonious assault conviction was valid despite other improper transfers | Mandatory bindover in 12JU-2245 allowed transfer of the case | Improper transfer in other cases tainted overall proceedings | Affirmed for J.W. felonious assault; jurisdiction valid for that count |
Key Cases Cited
- State v. Brown, 2014-Ohio-314 (10th Dist. No. 13AP-349 (2014)) (mandatory vs discretionary bindover; proper procedures required)
- State v. Wilson, 73 Ohio St.3d 40 (1995) (juvenile transfers and jurisdictional void ab initio if improper)
- State v. Adams, 69 Ohio St.2d 120 (1982) (grand jury may indict for transferred offenses upon proper binding)
- State v. D.W., 133 Ohio St.3d 434, 2012-Ohio-4544 (Supreme Court of Ohio (2012)) (waiver and amenability hearing requirements for juvenile transfers)
- State v. Bethel, 2008-Ohio-2697 (10th Dist. No. 07AP-810) (stare decisis in Brown context)