2004-Ohio-2880, 809 N.E.2d 1155Supreme Court of Ohio.
Case Announcements and Administrative Actions, June 7, 2004.
APPEALS ACCEPTED FOR REVIEW 2004-0247. In re S.J.
Cuyahoga App. No. 82106, 2003-Ohio-5071. Upon consideration of the jurisdictional memoranda filed in this case, the court hereby accepts the appeal.
Resnick, Pfeifer and O’Connor, JJ., dissent.
IT IS ORDERED by the court, sua sponte, that the parties are to brief only the following propositions of law:
1. “When a notice of appeal or a motion for leave to appeal has been filed from an order of the juvenile court, does that court have jurisdiction to proceed with an adjudication during the pendency of the appeal?”
2. “Does the Double Jeopardy Clause of the United States Constitution prohibit a court of appeals from ordering that a child be tried as an adult if the juvenile court has refused to bind over the child and has adjudicated the child to be delinquent?”
Resnick and O’Connor, JJ., dissent.
IT IS FURTHER ORDERED by the court that the Clerk shall issue an order for the transmittal of the record from the Court of Appeals for Cuyahoga County, and that the parties shall brief this case in accordance with the Rules of Practice of the Supreme Court of Ohio.
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