State of Ohio v. Manny Zarlengo, Case No. 2022-0106

 This Brief of Amici Curiae, in support of Appellant, Manny Zarlengo, argues that children transferred to and prosecuted in the adult criminal division must be permitted to appeal their case where they identify constitutional deficiencies in their juvenile bindover proceedings. 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. Amici curiae urge the Ohio Supreme Court to reject the lower court’s ruling that children waive their right to appeal deficiencies in the bindover decision if they enter a guilty plea in adult court, and instead recognize the right to interlocutory and direct appeal. Amici curiae argue specifically that plea agreements are deeply ingrained within America’s criminal justice system and that pressures to plead guilty often trump factual innocence, which are uniquely exacerbated for bindover youth. To effectuate the state and federal constitutional rights of Ohio’s youth, the child must have the right to appeal, regardless of whether they resolved their case by entering a guilty plea or by going to trial.  

State of Ohio v. Manny Zarlengo, Case No. 2022-0106