Legal Opinion · Dissent

In re M.W.

Ohio Supreme Court

Decided October 3, 2012No. 2011-0215Published

1DissentO’Connor, C.J.

{¶ 29} Because I believe that the majority’s holding offends the United States Supreme Court’s constitutional commands on a juvenile’s due process and Fifth Amendment rights, our own precedent, and the intent of the General Assembly in enacting R.C. 2151.352,1 must dissent.

The Confession

{¶ 30} In 2009, M.W., a 15-year-old boy, acted as a lookout while his friend, another juvenile male, robbed a victim at gunpoint. We believe this to be true because soon thereafter, M.W. admitted those facts to Cleveland Police.

*317{¶ 31} M.W. confessed after signing a waiver of his rights to an attorney, without…

2Cases cited26 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. In Re GAULTSupreme Court of the United States · 1967
  3. Kirby v. IllinoisSupreme Court of the United States · 1972
  4. Kent v. United StatesSupreme Court of the United States · 1966
  5. McNeil v. WisconsinSupreme Court of the United States · 1991

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