In re D.M.
Annotate this CaseThe question presented to the Supreme Court here was what evidence a juvenile is entitled to in discovery prior to a bindover hearing. In this case, the State filed a motion asking the juvenile court to relinquish jurisdiction and to have the Juvenile bound over to the general division of the court of common pleas for prosecution as an adult. Because the State failed to obey a court order during discovery to turn over police reports relating to the juvenile’s case, the juvenile court dismissed the case without prejudice. The court of appeals reversed. The Supreme Court affirmed, holding (1) Juv. R. 24 applies in bindover hearings, which imposes a duty on the prosecuting attorney to disclose to a juvenile respondent all evidence in the State’s possession that is favorable to the juvenile and material either to guilt, innocence, or punishment; and (2) it is an abuse of discretion for a juvenile court to dismiss a case for a prosecuting attorney’s failure to comply with a discovery order without first performing an in camera inspection of the withheld evidence to determine whether the evidence is discoverable under Juv. R. 24. Remanded.
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