In re D.S.

In this action alleging that D.S. allegedly engaged in acts of sexual contact with another boy, the Supreme Court reversed the judgment of the court of appeal and reinstated the juvenile court’s order dismissing the complaint pursuant to Juv. R. 9(A) before a delinquency case against D.S. progressed to a formal court proceeding. The State charged D.S. with three delinquency counts of of gross sexual imposition pursuant to Ohio Rev. Code 2907.05(A)(4) for his conduct with another boy. Both boys were under the age of thirteen at the time of the offenses. The juvenile court dismissed the case, holding (1) section 2907.05(A)(4) was unconstitutional as applied to D.S.; and (2) dismissal was proper under Juv. R. 9. The court of appeals reversed. The Supreme Court affirmed, holding that the juvenile court did not abuse its discretion by dismissing the matter pursuant to Juv. R. 9(A). View "In re D.S." on Justia Law