State v. Aalim (Slip Opinion)

2016 Ohio 8278, 150 Ohio St. 3d 463
CourtOhio Supreme Court
DecidedDecember 22, 2016
Docket2015-0677
StatusPublished
Cited by63 cases

This text of 2016 Ohio 8278 (State v. Aalim (Slip Opinion)) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Aalim (Slip Opinion), 2016 Ohio 8278, 150 Ohio St. 3d 463 (Ohio 2016).

Opinions

Lanzinger, J.

{¶ 1} In this case we are asked whether certain provisions of the Revised Code that make the transfer of juveniles to adult court mandatory in specific circumstances violate constitutional due-process and equal-protection provisions. We hold that the mandatory transfer of juveniles without providing for the protection of a discretionary determination by the juvenile-court judge violates juveniles’ right to due process.

[464]*464I. CASE BACKGROUND

{¶ 2} In December 2013, a complaint was filed in the Juvenile Division of the Montgomery County Court of Common Pleas, alleging that appellant, Matthew I. Aalim, engaged in conduct that would be considered aggravated robbery in violation of R.C. 2911.01(A)(1) if committed by an adult. The complaint also contained a firearm specification. Appellee, the state of Ohio, filed a motion to transfer Aalim, requesting that the juvenile court relinquish jurisdiction and transfer him to the general division of the common pleas court to be tried as an adult pursuant to R.C. 2152.10(A)(2)(b) and 2152.12(A)(1)(b), which provide for the mandatory transfer of juveniles to adult court in certain circumstances.

{¶ 3} After conducting a hearing, the juvenile court found that Aalim was 16 years old at the time of the alleged offense and that there was probable cause to believe that he committed the conduct alleged in the complaint, including the firearm specification. The juvenile court automatically transferred the case to the general division of the common pleas court as the statute required. An indictment was issued charging Aalim with two counts of aggravated robbery in violation of R.C. 2911.01(A)(1) with accompanying firearm specifications.1

{¶ 4} Aalim filed a motion to dismiss the indictment and transfer his case back to juvenile court, arguing that the mandatory transfer of juveniles pursuant to R.C. 2152.10(A)(2)(b) and 2152.12(A)(1)(b) violates their rights to due process and equal protection as well as the prohibition against cruel and unusual punishments under both the United States and Ohio Constitutions. The trial court overruled the motion, and Aalim entered pleas of no contest to the two counts of aggravated robbery. The court accepted the pleas, dismissed the firearm specifications consistently with a plea agreement that the parties had reached, and sentenced Aalim to concurrent prison terms of four years on each count.

{¶ 5} The Second District Court of Appeals affirmed the trial court’s judgment, rejecting Aalim’s challenges to the mandatory-transfer statutes. Rejecting Aal-im’s due-process argument, the court of appeals relied on a previous decision to hold that the mandatory-transfer scheme of R.C. 2152.12 comports with fundamental concepts of due process. 2015-Ohio-892, 2015 WL 1123001, ¶ 7-9, citing State v. Brookshire, 2d Dist. Montgomery No. 25853, 2014-Ohio-1971, 2014 WL 1887703, ¶ 30. It also rejected Aalim’s equal-protection argument, concluding that the singling out of juveniles aged 16 and 17 charged with serious offenses is rationally related to the legitimate governmental purpose of protecting society [465]*465and reducing violent crime by juveniles. Id. at ¶ 13-17, citing State v. Anderson, 2d Dist. Montgomery No. 25689, 2014-Ohio-4245, 2014 WL 4792558, ¶ 72-75.2

{¶ 6} We accepted jurisdiction over two propositions of law, which ask us to hold that R.C. 2152.10(A)(2)(b) and 2152.12(A)(1)(b) violate juveniles’ rights to due process and equal protection as guaranteed by the United States and Ohio Constitutions. See 143 Ohio St.3d 1498, 2015-Ohio-4468, 39 N.E.3d 1270.

II. LEGAL ANALYSIS

A. Argument Summary

1. The statutes

{¶ 7} R.C. 2152.10(A) sets forth which juvenile cases are subject to mandatory transfer and provides:

(A) A child who is alleged to be a delinquent child is eligible for mandatory transfer and shall be transferred as provided in section 2152.12 of the Revised Code in any of the following circumstances:
(1) The child is charged with a category one offense and either of the following apply:
(a) The child was sixteen years of age or older at the time of the act charged.
(b) The child was fourteen or fifteen years of age at the time of the act charged and previously was adjudicated a delinquent child for committing an act that is a category one or category two offense and was committed to the legal custody of the department of youth services upon the basis of that adjudication.
(2) The child is charged with a category two offense, other than a violation of section 2905.01 of the Revised Code, the child was sixteen years of age or older at the time of the commission of the act charged, and either or both of the following apply:
(a) The child previously was adjudicated a delinquent child for committing an act that is a category one or a category two offense and was committed to the legal custody of the department of youth services on the basis of that adjudication.
[466]*466(b) The child is alleged to have had a firearm on or about the child’s person or under the child’s control while committing the act charged and to have displayed the firearm, brandished the firearm, indicated possession of the firearm, or used the firearm to facilitate the commission of the act charged.

Aggravated robbery is a category-two offense, R.C. 2152.02(CC)(1), and Aalim was 16 years old at the time the offense was committed. Because he was also charged with a firearm specification, automatic transfer was required. R.C. 2152.10(A)(2)(b). A juvenile court must transfer automatically under these circumstances if “there is probable cause to believe that the child committed the act charged.” R.C. 2152.12(A)(l)(b)(ii).

{¶ 8} To prevail on a facial constitutional challenge to a statute, the challenging party must prove beyond a reasonable doubt that the statute is unconstitutional. State v. Romage, 138 Ohio St.3d 390, 2014-Ohio-783, 7 N.E.3d 1156, ¶ 7, citing State v. Warner, 55 Ohio St.3d 31, 43, 564 N.E.2d 18 (1990), citing State ex rel. Dickman v. Defenbacher, 164 Ohio St. 142, 128 N.E.2d 59 (1955), paragraph one of the syllabus. Statutes are presumed constitutional, and we have stated that for a statute to be facially unconstitutional, it must be unconstitutional in all applications. Id., citing Oliver v. Cleveland Indians Baseball Co. Ltd. Partnership, 123 Ohio St.3d 278, 2009-Ohio-5030, 915 N.E.2d 1205, ¶ 13.

2. Positions of the parties

{¶ 9} Aalim presents facial due-process and equal-protection challenges to the mandatory-transfer statutes. His arguments regarding due process are (1) that fundamental fairness requires that every juvenile receive an opportunity to demonstrate a capacity to change, (2) that youth must always be considered as a mitigating—not aggravating—factor, (3) that the irrebuttable presumption of transfer contained in the statutes is fundamentally unfair, and (4) that juveniles have a substantive due-process right to have their youth and its attendant characteristics taken into account at every stage of the proceedings (including transfer).

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Bluebook (online)
2016 Ohio 8278, 150 Ohio St. 3d 463, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-aalim-slip-opinion-ohio-2016.