State v. Starling
2019 Ohio 1478
Ohio Ct. App.2019Background
- In 2016, then-16-year-old Nicholas Starling was charged in juvenile court with acts that would constitute murder and tampering with evidence after his 15‑year‑old brother H. was found killed (baseball bat blunt force and multiple neck stab wounds).
- Juvenile court found probable cause and transferred Starling to adult court under the mandatory‑transfer statute; after the Ohio Supreme Court’s Aalim I decision invalidated mandatory transfer, the case was remanded to juvenile court for an amenability hearing.
- The amenability hearing was continued multiple times for psychological evaluations and pending resolution of Aalim I; after Aalim II reinstated the constitutionality of mandatory transfer, the juvenile court re‑transferred Starling to adult court without an amenability hearing.
- In adult court Starling was indicted on aggravated murder, murder, felony murder, and tampering counts; he moved to suppress statements made during two police interviews (only the second, Mirandized interview produced a confession).
- Starling pleaded guilty to murder in exchange for dismissal of other counts; the trial court immediately sentenced him to the mandatory term of 15 years to life.
- On appeal Starling raised four assignments: (1) ineffective assistance for failing to move to suppress at juvenile probable‑cause hearing; (2) juvenile court’s probable‑cause bindover was unsupported; (3) due process violation and ineffective assistance for delays in amenability proceedings; (4) as‑applied Eighth Amendment challenge to R.C. 2929.02(B)(1) (15‑to‑life) for juveniles.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| 1) Whether trial counsel was ineffective for not moving to suppress at the juvenile probable‑cause hearing | State: counsel’s strategy was reasonable; motions to suppress are premature at a non‑adjudicatory probable‑cause bindover | Starling: a suppression motion could have prevented a probable‑cause finding and mandatory transfer, so failure was deficient and prejudicial | Not ineffective; motion to suppress at juvenile probable‑cause stage would have been premature and juvenile probable‑cause proceedings need not resolve Miranda issues |
| 2) Whether juvenile court’s probable‑cause bindover lacked sufficient evidence / was against manifest weight | State: confession, bloody bat and knife, surveillance, and autopsy provided credible evidence of each element | Starling: evidence was insufficient or against manifest weight | Probable cause was supported; sufficiency standard met and manifest‑weight review inapplicable to bindover proceedings |
| 3) Whether delay of amenability hearing violated due process and whether counsel was ineffective for agreeing to continuances | State: continuances were for evaluations and awaiting Aalim decision; not fundamentally unfair | Starling: delays deprived him of due process and counsel should have opposed continuances | No due process violation; continuances were reasonable; counsel’s agreement was strategic and not prejudicial |
| 4) Whether mandatory 15‑to‑life (R.C. 2929.02(B)(1)) is unconstitutional as applied to juveniles | State: 15‑to‑life with parole eligibility after 15 years is constitutional; Miller/Long concern life without parole | Starling: Miller and related cases require individualized consideration of youth; mandatory term violates Eighth Amendment | Not unconstitutional as applied; Miller/Long do not extend to juvenile sentences that allow parole eligibility after a term |
Key Cases Cited
- State v. Aalim, 150 Ohio St.3d 463 (Ohio 2016) (held mandatory‑transfer statutes unconstitutional)
- State v. Aalim, 150 Ohio St.3d 489 (Ohio 2017) (reconsideration vacating prior decision and upholding mandatory‑transfer statutes)
- Miller v. Alabama, 567 U.S. 460 (U.S. 2012) (mandatory life without parole for juveniles violates the Eighth Amendment)
- State v. Long, 138 Ohio St.3d 478 (Ohio 2014) (courts must consider juvenile status before imposing life without parole)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two‑pronged ineffective assistance of counsel test)
- State v. Iacona, 93 Ohio St.3d 83 (Ohio 2001) (probable‑cause standard for juvenile bindover requires credible evidence of each element)
- State v. Mitchell, 42 Ohio St.2d 447 (Ohio 1975) (motions to suppress are generally not decided at preliminary probable‑cause hearings)