Executive Director Mary Ann Scali was interviewed by USA Today regarding conditions of confinement concerns at Ohio’s Indian River Juvenile Correctional Facility. Staffing shortages, extensive use of solitary confinement, and staff conducting rounds via video instead of in person are a just a few of the issues that have been reported by young people and…
The Ohio Court of Appeals, Fourth District, vacated and remanded the trial court’s restitution order, where the trial court allowed unsworn testimony from the victim about restitution and a failed to hold a contested restitution hearing pursuant to state statute. The court reasoned in part: ““‘“[T]he amount of the restitution must be supported by competent,…
This sample motion argues for special discovery and dismissal and/or suppression based on a claim of selective prosecution in a jaywalking case. Highlighting local police data on racial disparities in jaywalking-related stops, this motion argues that police conduct had a discriminatory effect on Black youth in Cincinnati, in violation of their state and federal equal…
This supplemental memorandum is related to the sample motion to dismiss and/or suppress evidence based on selective prosecution, which argues for special discovery and dismissal and/or suppression based on a claim of selective prosecution in a jaywalking case. This supplemental memorandum outlines Ohio’s Equal Protection guarantee in the context of the impact of implicit racial…
The Ohio Department of Youth Services released a report capturing data on youth who were charged with firearm-related offenses as part of the Juvenile Detention Alternatives Initiative (JDAI). “According to 2024 data submitted by Ohio JDAI sites, there were a total of 866 admissions to detention for a firearm-related charge. The majority of admissions to…
The Court of Appeals of Ohio, Eighth District, held that the trial court erred when it did not permit D.C. an opportunity to speak on his own behalf during the dispositional hearing, particularly when the trial court emphasized D.C.’s purported lack of remorse. The court stated in relevant part: “While appellant’s counsel spoke on his…
The Court of Appeals of Ohio, Eighth District, found that the trial court erred in failing to stay E.B.’s sentencing and failed to order the case be returned to juvenile court, where E.B. was transferred to adult court but ultimately pled guilty to offenses that would not have required mandatory transfer. Additionally, the Court of…
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The Ohio Court of Appeals, Fourth Appellate District, held that the trial court erred in accepting I.R.M.’s plea because she did not validly waive her right to counsel, proceeded to disposition without a parent, guardian or custodian present, and abused its discretion by placing I.R.M. in a facility for six months. The court stated in…
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’…
