IN RE E.S.

No. 2022-0993.

230 N.E.3d 1116 (2023)

173 Ohio St.3d 351

2023-Ohio-4273

IN RE E.S.

Supreme Court of Ohio.

Decided December 1, 2023.


Attorney(s) appearing for the Case

Michael C. O'Malley , Cuyahoga County Prosecuting Attorney, and Daniel T. Van , Eben McNair , and Gregory Ochocki , Assistant Prosecuting Attorneys, for appellant.

Timothy Young , Ohio Public Defender, and Timothy B. Hackett , Assistant Public Defender, for appellee.

Dave Yost, Attorney General, Michael J. Hendershot, Chief Deputy Solicitor General, and Samuel C. Peterson, Deputy Solicitor General, urging reversal for amicus curiae, Ohio Attorney General Dave Yost.


{¶ 1} In this appeal by the state of Ohio, we are asked to determine the quantum of evidence that satisfies the probable-cause standard for deciding whether a juvenile offender may be bound over to adult court. We reaffirm that the state's burden in that regard is to produce evidence that "`raises more than a mere suspicion...

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