May 'Amenability' Hearing Be Waived In Bindover Of Juvenile Offender For Trial in Adult Court?
Where Defendant Was Previously Found Not Amenable to Juvenile Rehabilitation
State of Ohio v. Derek Warner, Case no. 2011-1677
Eighth District Court of Appeals (Cuyahoga County)
In a case where the bindover of a juvenile offender for trial in adult court is discretionary, may a juvenile court bind the defendant over for trial as an adult without first conducting an “amenability” hearing pursuant to R.C. 2152.12(B), based on the court’s previous determination in another pending case that the same offender was not amenable to rehabilitation through the juvenile justice system?
If a juvenile offender may waive an R.C. 2152.12 amenability hearing prior to bindover, must such a waiver be expressly stated on the record by the juvenile through counsel, and must the court determine through a colloquy with the defendant that the waiver is being made voluntarily, knowingly and intelligently?