State of Ohio v. Donovan Nicholas, Case No. 2020-1429

This Brief of Amici Curiae, in support of Appellant, Donovan Nicholas, argues that Ohio law presumes children remain in juvenile court, as opposed to adult court. Ohio’s discretionary bindover provision permits a juvenile court to transfer youth as young as 14 years old to the adult criminal system if the youth is found not amenable to juvenile rehabilitation. The amici brief argues specifically that: (1) the presumption that children remain in juvenile court requires the prosecutor seeking adult transfer to present evidence affirmatively demonstrating that the child is not amenable to juvenile jurisdiction, and  (2) in determining whether to order transfer, the court may not use the child’s severe mental illness against him. Given the evidence demonstrating the array of harms associated with bindovers, to both the child and the community, the amici curiae urge the Ohio Supreme Court to establish a standard and burden in amenability proceedings that preserves the mission of the juvenile court to rehabilitate children.

Brief of Amici Curiae in Support of Appellant

Reply Brief of Amicus Curiae in Support of Appellant