In re D.M. (Slip Opinion)

Introduction

{¶ 1} In this case, we are asked to clarify what evidence a juvenile is entitled to in discovery prior to a bindover hearing.

{¶ 2} In answering, we hold that Juv.R. 24 applies in bindover hearings. We also point out that a prosecuting attorney is under a duty imposed by the Due Process Clauses of the Ohio Constitution and the United States Constitution and by Juv.R. 24(A)(6) 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. State v. Iacona, 93 Ohio St.3d 83, 752…