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Matter of Gibbs

Court of Appeals of Ohio
Mar 13, 1998
No. 97-L-067 (Ohio Ct. App. Mar. 13, 1998)

Opinion

No. 97-L-067.

Released March 13, 1998.

Appeal from Lake county.

Judgment reversed and remanded. Ford, P.J., concurs with Concurring Opinion; Christley, J., concurs with Concurring Opinion. See Opinions and Judgment Entry. [NADER] (FORD) (CHRISTLEY)


CIV.R. 53:

Where the trial court expresses its opinion that the magistrate's voir dire of a five-year-old rape victim was inadequate to establish the victim's competence to testify at an adjudicatory hearing, the court abuses its discretion in adopting the magistrate's finding that the victim was competent. When proper objections are made, the court must exercise independent review and must substitute its judgment for the magistrate's when the judge disagrees with it.

CRIMINAL LAW/SPEEDY TRIAL:

Assuming constitutional right to speedy trial applies in juvenile cases, the juvenile was not deprived of his right by a nine-month pre- adjudication delay because: the juvenile failed to assert his right, two months of the delay was caused by the juvenile's failure to appear at the plea hearing, the juvenile asked for several continuances, and the delay actually benefitted the juvenile. The five-year-old rape victim could not positively identify the juvenile as the perpetrator.


Summaries of

Matter of Gibbs

Court of Appeals of Ohio
Mar 13, 1998
No. 97-L-067 (Ohio Ct. App. Mar. 13, 1998)
Case details for

Matter of Gibbs

Case Details

Full title:IN THE MATTER OF: ZACKERY GIBBS, ALLEGED DELINQUENT CHILD

Court:Court of Appeals of Ohio

Date published: Mar 13, 1998

Citations

No. 97-L-067 (Ohio Ct. App. Mar. 13, 1998)

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