State of Ohio v. Austin Fuell, Case No. 2021-0794

This Brief of Amici Curiae, in support of Appellant, Austin Fuell, argues that to effectuate the constitutional rights of Ohio’s youth, robust protections are needed before bindover to adult court and when sentencing a young person to life in adult prison. Ohio’s mandatory bindover provision requires youth who are 16 and 17 years old who have been charged with specific crimes to be transferred to adult court. Once transferred, the law requiring a 15-years-to-life sentence for murder precludes judges from considering youth as a mitigating factor, as the sentence is mandatory even for juveniles. Amici curiae argue specifically that: (1) transfer hearings require due process protections to ensure youth are protected from the harms of the adult system and to prevent racially disproportionate transfer; (2) Life sentences are likewise imposed in racially disproportionate ways, and thus must allow for judicial consideration of youth as a mitigating factor. Such safeguards can combat bias and other deficiencies that lead to racial disparities in transfer and life sentencing, and can ensure a more equitable system.

Brief of Amicus Curiae in Support of Appellant