Bear v. Buchanan, 032019 OHSC, 2018-0836

Docket Nº:2018-0836
Opinion Judge:PER CURIAM.
Party Name:Bear, Appellant, v. Buchanan, Warden, Appellee.
Attorney:Samuel Bear, pro se. Dave Yost, Ohio Attorney General, and Stephanie Watson, Assistant Attorney General, for appellee.
Judge Panel:O'Connor, C.J., and Kennedy, French, Fischer, DeWine, Donnelly, and Stewart, JJ., concur.
Case Date:March 20, 2019
Court:Supreme Court of Ohio


Bear, Appellant,


Buchanan, Warden, Appellee.

No. 2018-0836

Supreme Court of Ohio

March 20, 2019

Submitted January 29, 2019

Appeal from the Court of Appeals for Noble County, No. 17 NO 0457, 2018-Ohio-1817.

Samuel Bear, pro se.

Dave Yost, Ohio Attorney General, and Stephanie Watson, Assistant Attorney General, for appellee.


{¶ 1} Appellant, Samuel Bear, appeals the dismissal of his complaint for a writ of habeas corpus against respondent, Tim Buchanan, warden of the Noble Correctional Institution. We affirm.

Allegations in the complaint

{¶ 2} On July 6, 2017, Bear pleaded guilty to two counts of rape in the Gallia County Court of Common Pleas. The trial court sentenced him to two eight-year terms of imprisonment, to run concurrently, and designated Bear as a Tier II Sex Offender. He is presently incarcerated at the Noble Correctional Institution.

{¶ 3} On December 13, 2017, Bear filed a petition for a writ of habeas corpus in the Seventh District Court of Appeals. He alleged that the common pleas court lacked subject-matter jurisdiction over him because he was only 16 or 17 years old at the time of the offenses in 2009 or 2010. The gravamen of Bear's petition is that he was tried and sentenced as an adult without ever appearing in juvenile court for a bindover hearing. Warden Buchanan filed a motion to dismiss. The court of appeals granted the motion. Bear timely appealed.


{¶ 4} R.C. 2152.02(C)(1) defines a "child" as a person under the age of 18. When a child is arrested for a felony or misdemeanor, proceedings regarding the child must initially be held in the juvenile court. R.C. 2152.03. As a result, the juvenile court has "exclusive jurisdiction over children alleged to be delinquent for committing acts that would constitute a crime if committed by an adult." In re M.P., 124 Ohio St.3d 445, 2010-Ohio-599, 923 N.E.2d 584, ¶ 11. Before transferring jurisdiction to the common pleas court to try an offender as an adult, the juvenile court must conduct a bindover hearing. See R.C. 2152.12(A), (B), and (H); In re MP. at ¶ 11-12.


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