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Notable Ohio Supreme Court ruling on constitutionality of "blended" juve sentences

By Douglas A. Berman

As detailed in this official press release, today the Ohio Supreme Court issued a notable discussion on the constitutionality of the state's use of "blended" sentences for juvenile offenders convicted of serious crimes.  Here are the basics: The Supreme Court of Ohio ruled today that in cases where a juvenile is charged as a ?serious youthful offender,? a section of state law authorizing a juvenile judge, rather than a jury, to consider certain factors in determining whether to impose a ?blended? juvenile and adult sentence does not violate the defendant?s jury trial rights under the U.S. or Ohio constitutions. In a 7-0 decision authored by Justice Paul E. Pfeifer, the Court also held that, in serious youthful offender cases where sentencing took place prior to this Court?s 2006 decision in State v...continue to full post

Full post as published by Sentencing Law and Policy on January 08, 2009 (boomark / email).