In Re: D.M. Case No. 2013-0579

CLC joined In Re: D.M. as  amici curiae in support of the appellant, a minor child, D.M. The State of Ohio originally filed an appeal in D.M.’s case after the trial court dismissed the case on the grounds that the state failed to comply with a discovery order. The state refused to provide copies of statements by victims or other witnesses to the alleged crime, which were contained in reports prepared per the normal police routine. The First District Court of Appeals held that the state was only required to provide discovery to a juvenile upon request only as it pertains to Brady materials in its possession or is evidence that the state intends to use at the probable-cause hearing. D.M. argues on appeal the Ohio Supreme Court that a juvenile is entitled to full discovery prior to a probable cause hearing held pursuant to O.R.C. 2152.12, the Fourteenth Amendment of the United States Constitution, the Ohio Constitution, Article I, Section 16, and Juvenile Rule 24.

Brief of Amici Curiae