In re D.S.

136 Ohio St. 3d 303, 2013-Ohio-3687 (Ohio 2013) · Supreme Court of Ohio · August 29, 2013 · No. 2012-1041

Summary

The Ohio Supreme Court dismissed the appeal as having been improvidently accepted in a juvenile serious-youthful-offender case involving reciprocal discovery and statutory speedy-trial requirements. The majority issued no merits ruling, while the dissent would have held that the juvenile’s failure to respond to the state’s discovery request tolled speedy-trial time and would have reversed the appellate court.

Holdings

  1. The appeal was dismissed as having been improvidently accepted.

Questions Presented

  1. Whether the Supreme Court of Ohio should reach the State's discretionary appeal concerning whether a juvenile's failure to respond to a reciprocal discovery request tolls speedy-trial time in a serious-youthful-offender proceeding.
  2. Whether the appeal should be dismissed as having been improvidently accepted.

Disposition

dismissed

Cases Cited (6)

  • State v. Palmer, 112 Ohio St. 3d 457, 2007-Ohio-374, 860 N.E.2d 1011(followed)
  • In re L.A.B., 121 Ohio St. 3d 112, 2009-Ohio-354, 902 N.E.2d 471(followed)
  • In re Gault, 387 U.S. 1, 87 S. Ct. 1428, 18 L. Ed. 2d 527 (1967)(followed)
  • In re C.S., 115 Ohio St. 3d 267, 2007-Ohio-4919, 874 N.E.2d 1177(followed)
  • Lakewood v. Papadelis, 32 Ohio St. 3d 1, 4, 511 N.E.2d 1138 (1987)(followed)
  • State v. Athon, 136 Ohio St. 3d 43, 2013-Ohio-1956, 989 N.E.2d 1006(followed)

Cited In (0)

No citing cases on record yet.

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