2019 Ohio 1949
Ohio Ct. App.2019Background
- In December 2017, then-17-year-old Jonathan Roebuck was charged with aggravated robbery, robbery, and kidnapping after two robberies; firearm and gang specifications were alleged.
- Juvenile court detained Roebuck and accepted his waiver of a preliminary hearing with an on-the-record colloquy as to knowing, intelligent, voluntary waiver.
- The juvenile court conducted a transfer/amenability process; Roebuck waived an amenability hearing and was transferred to adult jail.
- Roebuck pleaded guilty in the Lake County Court of Common Pleas to three counts of robbery with mandatory firearm and gang specifications and was sentenced to an aggregate 18-year prison term.
- On appeal Roebuck argued he was denied due process and effective assistance because the juvenile court failed to engage in a colloquy establishing that his waiver of an amenability hearing was knowing, intelligent, and voluntary.
- The state conceded error and sought remand; the appellate court examined whether an amenability hearing and a waiver colloquy were required given the statutory bindover scheme.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the juvenile court’s failure to conduct a colloquy to confirm a knowing, intelligent, voluntary waiver of an amenability (bindover) hearing violated due process and required remand | State: trial court erred and remand is appropriate (state conceded error) | Roebuck: waiver was not properly established; denial of due process and ineffective assistance | Court: No reversible error — offenses triggered automatic mandatory bindover statutes, so an amenability hearing (and waiver colloquy) was not required; judgment affirmed |
Key Cases Cited
- State v. Aalim, 150 Ohio St.3d 489 (Ohio 2017) (upheld constitutionality of automatic mandatory bindover under R.C. 2152.10(A)(2)(b) and 2152.12)
- State v. Barnes, 94 Ohio St.3d 21 (Ohio 2002) (plain error standard and requirements for appellate notice of plain error)
- State v. Rogers, 143 Ohio St.3d 385 (Ohio 2015) (cautionary guidance on noticing plain error)