State v. Nicholas

Citations

• 155 N.E.3d 304
• 2020 Ohio 3478

Syllabus

The juvenile court did not err in finding that appellant, who claimed to have dissociative identity disorder, was not amendable to rehabilitation in the juvenile system. The juvenile court considered the appropriate criteria relevant to discretionary bindover. Additionally, the reasoning and underlying basis of the opinion of appellant's expert about amenability was rife with limitations, variables, and conditions. When those qualifications were considered along with the capabilities of the Ohio Department of Youth Services for treatment, the likelihood of successful treatment, and appellant's propensity for violence if not successfully treated, the juvenile court did not abuse its discretion in making this difficult decision. In the trial court, the court correctly denied appellant's request for an \irresistible impulse\ instruction, as Ohio does not recognize that doctrine, even for youthful offenders. The court also did not err in instructing the jury about appellant's voluntary acts, because the instruction was consistent with current law. Furthermore, trial counsel did not render ineffective assistance by eliciting testimony about appellant's relationship with the murder victim. The State had already presented information on this point, and counsel did not act improperly by addressing the matter. The information also served as background for appellant's contention that his actions were involuntary because an alternate personality was in control at the time of the murder. Finally, the trial court did not err in assessing costs for transporting appellant to court. However, the addition of appointed counsel fees to the cost bill must be corrected. The trial court must also clarify the imposition of fees for the State's responses to appellant's trial court motions and fees for transcript costs. Judgment affirmed in part and reversed in part remanded to the trial court for consideration of the fee issues only. (Donovan J., dissenting.)