On May 11, 2022, the Supreme Court of Ohio will hear oral argument in In Re J.H., et al. A Minor Child (Appeal by A.H., Mother), 2021-0533. At issue in this case is whether a juvenile court improperly denied a pro se, indigent mother instituting child reunification proceedings her right to appointed
Juvenile Law
Oral Argument Preview: Does a Mandatory Life Sentence with Parole Eligibility Violate a Child-Defendant’s Eighth Amendment Rights? State of Ohio v. Austin M. Fuell
By Marianna Bettman on
On May 17, 2022, the Supreme Court of Ohio, by a vote of 6-1, dismissed this case as improvidently accepted. Justice DeWine dissented and would affirm the judgment of the court of appeals.
On April 26, 2022, the Supreme Court of Ohio will hear oral argument in State of Ohio v. Austin M. Fuell…
Oral Argument Preview: Can a Grand Jury Indict a Juvenile on Charges the Juvenile Court Previously Determined Were Not Supported by Probable Cause? State of Ohio v. Eddie Burns
By Marianna Bettman on
On September 21, 2021, the Supreme Court of Ohio will hear oral argument in State of Ohio v. Eddie Burns, 2020-1126. At issue in this case is whether a grand jury can indict a juvenile whose case was transferred to adult court on charges the juvenile court determined were not supported by probable…
Merit Decision: Thirteen-Year-Old’s Confession to Child-Abuse Investigator Is Admissible in Court. In Re M.H.
By Marianna Bettman on
“Because the child-abuse investigator in this case was neither a law- enforcement officer nor acting under the direction or control of the police, she was not required to provide M.H. with the Miranda warnings and his confession was not obtained in violation of his due-process rights.”
Justice Kennedy, lead opinion
“In light of the totality…
Merit Decision: Juvenile Adjudication Can Satisfy Element of Adult Failure to Register Conviction. State v. Buttery
By Marianna Bettman on
“As we stated in Carnes, a juvenile adjudication is not unreliable for risk-assessment purposes.”
Justice Kennedy, majority opinion
“Buttery is being punished as an adult based on acts he committed as a juvenile. This is fundamentally unfair.”
Justice Donnelly, dissenting opinion
On May 21, 2020, the Supreme Court of Ohio handed down a merit…
What’s On Their Minds: Should a Juvenile’s Uncounseled Confession to a Social Worker Be Suppressed? In re: M.H.
By Marianna Bettman on
Update: On December 3, 2020, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
“Are you saying that’s the reason that the interview took place by the social worker, to be the shill for the police?”
Chief Justice O’Connor, to counsel for M.H.
“How do you discern…
Merit Decision: Juvenile Court Lacked Jurisdiction to Invoke Adult Portion of Serious Youthful Offender Sentence. In Re A.W.
By Marianna Bettman on
“Because the clerk did not journalize the order invoking the adult portion of the SYO sentence until after A.W. turned 21, the juvenile court lacked subject-matter jurisdiction over him.”
Justice Stewart, opinion of the Court
On April 16, 2020, the Supreme Court of Ohio handed down a merit decision in In re A.W., Slip…
Oral Argument Preview: Should a Juvenile’s Uncounseled Confession to a Social Worker Be Suppressed? In re: M.H.
By Marianna Bettman on
Oral Argument Preview: Must Age Be Explicitly Considered for Juvenile Offenders Sentenced To Life With The Possibility Of Parole? State of Ohio v. Kyle Patrick
By Marianna Bettman on
Update: On December 22, 2020 the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
Update: On May 1, 2020, after the case was argued, the Court requested additional briefing from the parties in this case. Read about that here.
On April 28, 2020, the Supreme Court of…
What’s On Their Minds: Was Adult Portion of Blended Sentence Properly Invoked in Juvenile Sex Offender Case? In re A.W.
By Marianna Bettman on
Update: On April 16, 2020, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
“The only issue we have is whether he had notice, correct?”
Justice DeWine to the Assistant Public Defender
“I’m asking, between January and April, was that his fault that he wasn’t in a
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