Supreme Court of Ohio - Case Number 2008-1624

The Supreme Court of Ohio & The Ohio Judicial System

Clerk's Office
65 South Front Street, 8th Floor
Columbus, Ohio 43215-3431
800.826.9010
614.387.9530

Kristina D. Frost
Clerk of Court

Search Results: Case Number 2008-1624

The Supreme Court of Ohio

CASE INFORMATION

GENERAL INFORMATION

Case: 2008-1624 Discretionary Appeal (Felony); Claimed Appeal of Right
Filed: 08/14/08

Status:

Case Is Open

In the Matter of: Darian J. Smith, Alleged Delinquent Child

PARTIES and ATTORNEYS

Ohio Attorney General (Amicus Curiae)

	Represented by:
		Mizer, Benjamin (83089) , Counsel of Record Conomy, Christopher (72094) Cordray, Richard (38034) Hogan, James (71064) Lieberman, David (0) Schimmer, Alexandra (75732)

American Civil Liberties Union of Ohio Foundation, Inc. (Amicus Curiae on behalf of Appellant)

	Represented by:
		Gamso, Jeffrey (43869) , Counsel of Record

Central Juvenile Defender Center (Amicus Curiae on behalf of Appellant)

	Represented by:
		Gamso, Jeffrey (43869) , Counsel of Record

Children's Defense Fund (Amicus Curiae on behalf of Appellant)

	Represented by:
		Federle, Katherine (69334) , Counsel of Record

Children's Law Center, Inc. (Amicus Curiae on behalf of Appellant)

	Represented by:
		Gamso, Jeffrey (43869) , Counsel of Record

Franklin County Public Defender (Amicus Curiae on behalf of Appellant)

	Represented by:
		Skendelas, Paul (14896) , Counsel of Record Venters, Yeura (14879)

Juvenile Justice Coalition (Amicus Curiae on behalf of Appellant)

	Represented by:
		Federle, Katherine (69334) , Counsel of Record

Juvenile Law Center (Amicus Curiae on behalf of Appellant)

	Represented by:
		Levick, Marsha (0) , Counsel of Record

Montgomery County Public Defender (Amicus Curiae on behalf of Appellant)

	Represented by:
		Gamso, Jeffrey (43869) , Counsel of Record

National Juvenile Defender Center (Amicus Curiae on behalf of Appellant)

	Represented by:
		Federle, Katherine (69334) , Counsel of Record

National Juvenile Justice Network (Amicus Curiae on behalf of Appellant)

	Represented by:
		Federle, Katherine (69334) , Counsel of Record

Ohio Association of Child Caring Agencies (Amicus Curiae on behalf of Appellant)

	Represented by:
		Federle, Katherine (69334) , Counsel of Record

Ohio Justice and Policy Center (Amicus Curiae on behalf of Appellant)

	Represented by:
		Gamso, Jeffrey (43869) , Counsel of Record

The Justice for Children Project (Amicus Curiae on behalf of Appellant)

	Represented by:
		Federle, Katherine (69334) , Counsel of Record

Voices for Ohio's Children (Amicus Curiae on behalf of Appellant)

	Represented by:
		Federle, Katherine (69334) , Counsel of Record

Smith, Darian J. (Appellant)

	Represented by:
		Burns, Brooke (80256) , Counsel of Record

State of Ohio (Appellee)

	Represented by:
		Steffan, Christina (75260) , Counsel of Record

PRIOR JURISDICTION

Jurisdiction Information	Prior Decision Date	Case Number(s)
Allen County, 3rd District Court of Appeals	06/30/2008	10758

DOCKET ITEMS

Most documents that were filed in Supreme Court cases after December 1, 2006, are scanned. They are available for viewing via the online dockets, generally within one business day from their date of filing.
Supreme Court orders that were issued after January 1, 2007, are also available via the online docket as PDFs. Orders scanned prior to April 6, 2009, may not bear the signature of the Chief Justice. These online orders are identical to the original orders in all other respects.
A symbol in an online docket denotes a scanned filing or an electronic version of a Supreme Court order. Clicking the icon opens an image of the filing or order.

Date Filed

Description

08/14/08

View

Notice of appeal of Darian J. Smith

Filed by:

Smith, Darian

08/14/08

View

Memorandum in support of jurisdiction

Filed by:

Smith, Darian

08/14/08

See Above

And copy of entry of appointment of counsel

Filed by:

Smith, Darian

08/15/08

Copy of notice of appeal sent to clerk of court of appeals

12/03/08

View

DECISION: Appeal accepted

12/03/08

View

Order to clerk of court/custodian to certify record

01/02/09

Record

01/02/09

Clerk's notice of filing of record

02/04/09

View

Stipulation to extension of time to file merit brief to March 3, 2009

Filed by:

Smith, Darian

03/03/09

View

Brief of amici curiae American Civil Liberties Union of Ohio Foundation, Inc., et al. in support of appellant

	Filed by:	American Civil Liberties Union of Ohio Foundation, Inc.
	Filed by:	Central Juvenile Defender Center
	Filed by:	Children's Law Center, Inc.
	Filed by:	Juvenile Law Center
	Filed by:	Montgomery County Public Defender
	Filed by:	Ohio Justice and Policy Center

03/03/09

View

Motion for admission pro hac vice of Marsha L. Levick for amicus curiae Juvenile Law Center

Filed by:

Juvenile Law Center

View

04/22/09: Granted

03/03/09

View

Brief of amici curiae The Justice for Children Project and Franklin County Public Defende et al. rin support of appellant

	Filed by:	Children's Defense Fund
	Filed by:	Franklin County Public Defender
	Filed by:	Juvenile Justice Coalition
	Filed by:	National Juvenile Defender Center
	Filed by:	National Juvenile Justice Network
	Filed by:	Ohio Association of Child Caring Agencies
	Filed by:	The Justice for Children Project
	Filed by:	Voices for Ohio's Children

03/03/09

View

Appellant's merit brief

Filed by:

Smith, Darian

03/19/09

View

Stipulation to extension of time to file merit brief to 4/22/09

Filed by:

State of Ohio

03/25/09

View

Notice of change of address of the Office of the Ohio Public Defender, effective March 30, 2009

Filed by:

Smith, Darian

04/13/09

View

Joint motion of State of Ohio and amicus curiae Ohio Attorney General for alignment of briefing with 2008-2502

	Filed by:	Ohio Attorney General
	Filed by:	State of Ohio

View

04/21/09: Denied

04/17/09

View

Memo opposing motion for alignment of briefing with 2008-2502

Filed by:

Smith, Darian

04/22/09

View

Appellee's merit brief

Filed by:

State of Ohio

04/22/09

View

Appendix to merit brief

Filed by:

State of Ohio

04/22/09

View

Motion for admission pro hac vice of David M. Lieberman

Filed by:

Ohio Attorney General

View

06/03/09: Granted

04/22/09

View

Brief of amicus curiae Ohio Attorney General in support of neither party

Filed by:

Ohio Attorney General

04/22/09

View

Notice of appearance of Christopher P. Conomy as co-counsel for Ohio Attorney General

Filed by:

Ohio Attorney General

05/12/09

View

Reply brief of amici curiae The Justice for Children Project et al.

	Filed by:	Franklin County Public Defender
	Filed by:	Juvenile Justice Coalition
	Filed by:	National Juvenile Defender Center
	Filed by:	The Justice for Children Project

05/12/09

View

Reply brief

Filed by:

Smith, Darian

09/10/09

Oral argument scheduled for Wednesday, November 4, 2009

09/11/09

View

Notice of oral argument to be held on Wednesday, November 4, 2009

10/02/09

View

Notice of appearance of additional counsel

Filed by:

Ohio Attorney General

10/02/09

View

Motion of amicus curiae Ohio Attorney General to participate in oral argument

Filed by:

Ohio Attorney General

View

10/21/09: Granted; amicus curiae shall be alloted 5 minutes for oral argument; appellant and appellee shall still be allotted 15 minutes each for oral argument

10/21/09

View

Motion of amici curiae The Justice for Children Project et al. to realign as neutral amici

	Filed by:	Children's Defense Fund
	Filed by:	Juvenile Justice Coalition
	Filed by:	National Juvenile Defender Center
	Filed by:	National Juvenile Justice Network
	Filed by:	Ohio Association of Child Caring Agencies
	Filed by:	The Justice for Children Project

View

11/03/09: Denied

10/21/09

See Above

And motion to participate in oral argument

	Filed by:	Children's Defense Fund
	Filed by:	Juvenile Justice Coalition
	Filed by:	National Juvenile Defender Center
	Filed by:	National Juvenile Justice Network
	Filed by:	Ohio Association of Child Caring Agencies
	Filed by:	The Justice for Children Project

11/03/09: Denied

11/04/09

Oral argument held