Legal Opinion · Dissent

State v. West

Ohio Court of Appeals

Decided June 30, 2006No. 05CA805Published

1DissentMcFarland, Judge

I. Transfer Jurisdictional Defects

{¶ 36} I respectfully dissent. My review of the juvenile court record below reveals material defects that substantially affect the legality of the transfer of this case to the adult court. The majority opinion characterizes these as “procedural irregularities,” but I cannot reach the same conclusion, particularly when considering the seriousness of the matter below. This dissent addresses the ineffective transfer of jurisdiction from juvenile court to the adult court and my belief that a proper transfer never occurred due to statutory noncompliance. In my…

2Cases cited13 opinions

  1. In Re WINSHIPSupreme Court of the United States · 1970
  2. In Re GAULTSupreme Court of the United States · 1967
  3. Kent v. United StatesSupreme Court of the United States · 1966
  4. Breed v. JonesSupreme Court of the United States · 1975
  5. State v. WilsonOhio Supreme Court · 1995

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