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In re E.S.

Citations

  • 2021 Ohio 4606

Syllabus

Bindover mandatory bindover R.C. 2152.10 R.C. 2152.12 probable cause involuntary manslaughter Juv.R. 30 credibility sufficient credible evidence. The trial court did not err or abuse its discretion in denying the state's motion for mandatory bindover and concluding that the state failed to present sufficient credible evidence to establish probable cause that the juvenile committed the offense of involuntary manslaughter. The trial court was in the best position to determine the credibility of the of the testimony presented at the probable cause hearing and the record contains ample statements by the court expressing doubt and at time incredulity at the state's evidence.

Judges: Kilbane

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