State v. Fuell

Citations

• 172 N.E.3d 1065
• 2021 Ohio 1627

Syllabus

Juvenile offender charged with murder appeals juvenile court decision transferring him to the adult division. Offender pled guilty and appeals sentence, arguing court violated his Eighth Amendment rights by failing to consider the mitigating effect of youth before imposing sentence. Court did not err in granting mandatory transfer. Offender claimed certain evidence admitted in violation of Confrontation Clause rights and Rules of Evidence. Transfer hearing was preliminary and non-adjudicatory Confrontation Clause inapplicable. Unclear whether Rules of Evidence apply at transfer hearing. However, even if some evidence improperly admitted, any error harmless. Substantial other evidence, exclusive of challenged evidence, established probable cause. Offender argued that pursuant to State v. Patrick, sentencing court required to separately consider his youth as mitigating factor before imposing life sentence with possibility of parole. Offender failed to raise the argument at sentencing and limited to a review for plain error. Patrick involved different sentencing provision it was not \plain\ that Patrick applied and that the court erred.