2022 Ohio 2877
Ohio Ct. App.2022Background
- Defendant Damon L. Taylor, a juvenile at the time, was accused of killing Enrique Straughter on April 15, 2016; investigators recovered .40-caliber casings, a Chevrolet key fob tied to Taylor's mother's car, two sandals, Snapchat images and messages, and DNA linking Taylor as a minor contributor on a broken pistol rail.
- Taylor was detained April 15, 2016, invoked his right to counsel, and counsel informed police over the ensuing eight months that Taylor would not consent to interviews; police nonetheless obtained DNA and other forensic testing.
- On December 12, 2016, Taylor was re-arrested, signed a Miranda waiver, and made incriminating statements in a videotaped interview; those statements were used at a juvenile probable-cause hearing.
- Juvenile court found probable cause for complicity to murder (not purposeful murder), then—after the Ohio Supreme Court’s Aalim II decision—transferred the case to the general division without an amenability hearing; Taylor was indicted and tried as an adult and convicted of felony murder by felonious assault with a gun specification.
- On appeal Taylor challenged (inter alia) the constitutionality of mandatory bindover, the juvenile court’s probable-cause/bindover ruling, suppression of the December 12 statements (Fifth and Sixth Amendment claims), and various trial- and sentencing-stage errors. The appellate court vacated in part, reversed in part, and remanded to juvenile court.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Taylor) | Held |
|---|---|---|---|
| 1. Constitutionality of Ohio mandatory-bindover scheme | Aalim II controls; mandatory bindover statute is constitutional | Mandatory bindovers violate due process and equal protection; preserved for review | Overruled — Aalim II governs; Taylor preserved the issue for further review |
| 2. Scope and sufficiency of juvenile bindover (probable cause for 'act charged') | Probable cause for complicity supported transfer; adult court had jurisdiction to try murder variants | Juvenile court bound over only for complicity to purposeful murder; felony murder by felonious assault is a different "act charged," so adult court lacked jurisdiction for that charge | Sustained — under Smith principles, complicity-to-purposeful-murder is not equivalent to felony-murder-by-felonious-assault; conviction vacated and case remanded to juvenile court for further proceedings |
| 3. Suppression of Dec. 12, 2016 statements (Fifth & Sixth Amendment) | Edwards and Shatzer allow a voluntary waiver after an extended break in custody; Taylor knowingly waived Miranda on Dec. 12 | Taylor had invoked counsel on April 15; counsel repeatedly told police Taylor would not consent; Sixth Amendment attached and police should have contacted counsel — waiver was not knowing/voluntary as to the Sixth Amendment | Sustained in part — court rejected Edwards/Shatzer as dispositive for the Sixth Amendment context and held Dec. 12 statements must be excluded as violating the Sixth Amendment |
| 4. Trial and sentencing errors raised on appeal (foundational testimony, prosecutorial misconduct, jury instructions, ineffective assistance, sufficiency/manifest weight, Eighth Amendment) | State defends convictions and sentence | Taylor raises multiple trial and sentencing errors | Deemed moot by the court because of vacatur of conviction and suppression ruling; not reached on the merits |
Key Cases Cited
- Mathews v. Eldridge, 424 U.S. 319 (1976) (due-process balancing test)
- United States v. Kent, 383 U.S. 541 (1966) (juvenile transfer principles)
- State v. Aalim, 150 Ohio St.3d 489 (2017) (Aalim II; upheld Ohio mandatory bindover)
- In re A.J.S., 120 Ohio St.3d 185 (2008) (probable-cause standard and review for juvenile bindover)
- State v. Hanning, 89 Ohio St.3d 86 (2000) (complicity cannot be used to import accomplice's firearm use into bindover criteria)
- Miranda v. Arizona, 384 U.S. 436 (1966) (Miranda waiver framework)
- Edwards v. Arizona, 451 U.S. 477 (1981) (invocation of right to counsel bars further police-initiated interrogation)
- Maryland v. Shatzer, 559 U.S. 98 (2010) (14-day break-in-custody rule limited Edwards presumption)
- Montejo v. Louisiana, 556 U.S. 778 (2009) (Sixth Amendment waiver principles after counsel appointment)
- State v. Iacona, 93 Ohio St.3d 83 (2001) (state must present credible evidence of every element to support bindover)