Submitted September 12, 2017
from the Court of Appeals for Montgomery County, Nos. 27074
and 27075, 2016-Ohio-5265.
Mathias H. Heck Jr., Montgomery County Prosecuting Attorney,
and Heather N. Jans, Assistant Prosecuting Attorney, for
appellee, state of Ohio.
Timothy Young, Ohio Public Defender, and Charlyn Bohland,
Assistant Public Defender, for appellant, D.H.
1} May a juvenile who is "bound over" to
adult court immediately appeal the bindover decision, or must
his appeal wait until the end of the adult-court proceedings?
We conclude that the appeal must wait. That is what the court
of appeals decided, so we affirm its judgment.
2} D.H. was 17 years old when he was charged in
separate complaints with two counts of robbery. The juvenile
court held a hearing, determined that D.H. was not amenable
to rehabilitation in the juvenile system, and transferred
jurisdiction to the adult court.
3} D.H. pled no contest to the charges in adult
court and was sentenced to four years in prison. He then
appealed his discretionary transfer to the Second Appellate
District. The court of appeals concluded that the juvenile
court had erred in transferring D.H. because it had not
articulated the reasons that D.H. was not amenable to
rehabilitation in the juvenile system. On remand from the
court of appeals, the juvenile court again found that D.H.
was not amenable to rehabilitation.
4} This time, rather than waiting until the end of
the adult-court proceedings, D.H. immediately appealed the
juvenile court's transfer orders. The court of appeals
granted the state's motion to dismiss the appeals for
lack of a final order.
THE FINAL-ORDER REQUIREMENT
5} The question whether an immediate appeal from a
bindover decision is available depends on whether such a
decision is a "final order." The final-order
requirement comes from the Ohio Constitution, which provides
that courts of appeals "shall have such jurisdiction as
may be provided by law" to review "final
orders" rendered by inferior courts. Ohio Constitution,
Article IV, Section 3(B)(2). Jurisdiction is "provided
by law" primarily through two statutes. The first, R.C.
2501.02, the "jurisdictional statute, " provides
that courts of appeals have jurisdiction
upon an appeal upon questions of law to review, affirm,
modify, set aside, or reverse judgments or final orders of
courts of record inferior to the court of appeals within the
district, including the finding, order, or judgment of a
juvenile court that a child is delinquent, neglected, or
dependent, for prejudicial error committed by such lower
second statute, R.C. 2505.02, the "definitional statute,
" the legislature has defined various categories of
orders as final. First, we address our ...