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Sample Motion for Release from Secure Detention Using the JJDPA
A sample motion asking the court to release a young person charged with handgun or firearm possession from secure detention pursuant to the Juvenile Justice Delinquency Prevention Act (JJDPA). The motion argues the young person must be released because: 1) Possession of a handgun or firearm is a status offense since it is only unlawful…
The 8th District Ohio Court of Appeals vacated a trial court’s judgment denying a youth’s application for expungement by finding that the trial court lacked authority to order the youth to submit to a drug test. The appellate court offered the following language in support. “We presume that “the General Assembly acts intentionally and purposely…
This resource offers a brief overview of how children are transferred or bound over to adult court in Ohio and discusses what is at stake in the case of State v. D.T., 2024-Ohio-4482 (Ohio Ct. App. 2024) pending before the Ohio Supreme Court. The Gault Center filed an amicus in this case here. Oral arguments were…
The 10th District Ohio Court of Appeals reversed a judgment of voluntary manslaughter because the youth’s admission was not knowingly, intelligently, and voluntarily entered and offered the following language in support. “Ultimately, “[t]he purpose of Juv.R. 29(D) is to ensure that any decision by the accused to forgo his or her constitutional right to a trial,…
The Gault Center submitted an amicus brief in the Supreme Court of Ohio on a case involving a young person’s right to appeal a competence and transfer determination in juvenile court after entering a guilty plea in adult court. Outlining procedural justice arguments and the constitutional right to a competency and transfer hearing, the brief…
In this letter to school officials, the ACLU of Ohio provides guidance in response to the revocation of the “sensitive locations” policy that had previously limited immigration enforcement at schools. The letter provides guidance regarding procedures schools should have in place if immigration agents take enforcement action at schools, the collection of information regarding students’…
This memo, filed by youth defenders from the Hamilton County, Ohio public defender office, demands evidentiary competence hearings based on state statutory grounds and constitutional doctrines of fundamental fairness, effective assistance of counsel, and separation of powers. Notably, this memo cites Standard 3.2 of the National Youth Defense System Standards on independence to highlight an…
A sample disposition and mitigation memorandum filed in a juvenile court in Ohio.
A sample memorandum of understanding (MOU) between the Hamilton County Juvenile Court detention center and a community mental health service provider.