Smith v. Bradshaw

{¶ 1} This is an appeal from a judgment dismissing a habeas corpus petition.

{¶ 2} In April 1995, delinquency complaints were filed in the Juvenile Division of the Cuyahoga County Court of Common Pleas charging appellant, Ashunte Smith, with kidnapping and assaulting Gary Lewis. Smith was then 15 years old.

{¶ 3} The juvenile court heard partial testimony on the kidnapping charge. Later, a new delinquency complaint charging Smith with the aggravated murder of Lewis as a result of the assault was filed in the juvenile court. On June 20, 1995, Smith’s counsel waived “any further probable cause…