Category Archives: Juvenile Law

What’s On Their Minds: Does a Juvenile Need to Show Prejudice When the Court Fails to Appoint a Guardian Ad Litem? State of Ohio v. Raymond Morgan.

“But what I am troubled with is at certain stages of these proceedings, there was a breakdown between the lawyer and the child. And if that’s not a red flag for a judge to look at a GAL, I don’t … Continue reading

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Oral Argument Preview: Does a Juvenile Need to Show Prejudice When the Court Fails to Appoint a Guardian Ad Litem? State of Ohio v. Raymond Morgan

Read the analysis of the oral argument here.

On February 8, 2017, the Supreme Court of Ohio will hear oral argument in the case of State of Ohio v. Raymond Morgan, 2015-0924. At issue in this case is … Continue reading

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State Files U.S. Supreme Court Cert. Petition in State v. Hand.

Update: On February 17, 2017, the U.S. Supreme Court turned down the state’s petition.

On August 25, 2016, the Supreme Court of Ohio handed down a merit decision in State v. Hand, Slip Opinion No. 2016-Ohio-5504. In a 4-3 … Continue reading

Posted in Juvenile Law, Merit Decisions, Ohio Supreme Court Watch |

Merit Decision: Court Invalidates Mandatory Juvenile Transfer Statutes. State v. Aalim.

“The mandatory-transfer statutes preclude a juvenile court judge from taking any individual circumstances into account before automatically sending a child who is 16 or older to adult court. This one-size-fits-all approach runs counter to the aims and goals of the … Continue reading

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Merit Decision: “De Facto” Life Sentence Unconstitutional for Juvenile Nonhomicide Offender. State v. Moore.

“The court in Graham was not barring a terminology-“life without parole”-but rather a punishment that removes a juvenile from society without a meaningful chance to demonstrate rehabilitation and obtain release.”

Justice Paul Pfeifer, majority opinion.

On December 22, 2016, the … Continue reading

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Merit Decision: A Prior Juvenile Adjudication Cannot Be Used to Enhance an Adult Sentence. State v. Hand.

Update: On September 15, 2016, Hand was resentenced by Montgomery County Court of Common Please Judge Dennis J. Langer to a non-mandatory three year term of incarceration, to be served consecutively with the three year mandatory firearm specification, for a total … Continue reading

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Merit Decision: Court Finds R.C. 2933.81(B) Unconstitutional As Applied to Juveniles and Inapplicable to Analysis of Validity of Miranda Waiver. State v. Barker.

Update: Read what happened on remand in this case here.

On April 26, 2016, the Supreme Court of Ohio handed down a merit decision in State v. Barker, Slip Opinion No. 2016-Ohio-2708. In a 5-2 opinion written by … Continue reading

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What’s On Their Minds: Constitutionality of the Mandatory Juvenile Transfer Statutes. State of Ohio v. Matthew Aalim

Update: On December 22, 2016, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.

“Even though as you said the legislature sets the rules, the court can say your rules are … Continue reading

Posted in Constitutional Law, Juvenile Law, Ohio Supreme Court Watch, Student Contributors, What's On Their Minds? | Tagged , |

Oral Argument Preview: Court Again Tackles Constitutionality of Mandatory Juvenile Transfer Statutes. State of Ohio v. Matthew Aalim.

Update: On December 22, 2016, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.

Read the analysis of the argument here.

On April 20, 2016, the Supreme Court of Ohio … Continue reading

Posted in Constitutional Law, Juvenile Law, Ohio Supreme Court Watch, Oral Argument Preview, Student Contributors | Tagged , |

What’s On Their Minds: Can a Prior Juvenile Adjudication Be Used to Enhance an Adult Sentence? State of Ohio v. Adrian Hand, Jr.

Update: On August 25, 2016, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.

“An adjudication is not the same as a conviction, and you want to now transform it from … Continue reading

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