State v. D.W.

Summary

The Ohio Supreme Court held that a juvenile’s statutory and constitutional right to an amenability hearing before discretionary transfer to adult court may be waived under Juv.R. 3. A valid waiver requires the juvenile, through counsel, to expressly state the waiver on the record, followed by an on-the-record colloquy in which the juvenile court determines that the waiver is knowing, voluntary, and intelligent. Because those requirements were not met, the court reversed and remanded for an amenability hearing or proper waiver.

Holdings

1. A juvenile's right to an amenability hearing under R.C. 2152.12(B)(3) may be waived pursuant to Juv.R. 3, because it is one of the child's other rights that may be waived with the court's permission.
2. A valid waiver requires two steps: the juvenile, through counsel, must expressly state the waiver on the record, and the juvenile court must conduct an on-the-record colloquy with the juvenile to determine that the waiver is knowing, voluntary, and intelligent.
3. D.W. did not validly waive the amenability hearing because the record contained neither an express waiver by D.W. or his counsel nor an on-the-record colloquy establishing a knowing, voluntary, and intelligent waiver.
4. A juvenile court may not transfer a juvenile in a later felony proceeding solely because the juvenile was previously bound over to adult court; each case must be assessed on its own merits under the governing statute.

Questions Presented

1. Whether a juvenile's right to an amenability hearing under R.C. 2152.12(B)(3) and Juv.R. 30 may be waived.
2. What procedures are required for a juvenile to validly waive the right to an amenability hearing.
3. Whether D.W.'s record established a valid waiver of the amenability hearing.
4. Whether a prior bindover permits a juvenile court to transfer a juvenile in a later case without conducting the required amenability determination.

Disposition

reversed_and_remanded