Debacker v. Brainard

Juvenile who had been found to be a delinquent child sought state habeas corpus. The District Court of Dodge County, Nebraska, dismissed petition, and juvenile appealed. The Nebraska Supreme Court, 183 Neb. 461, 161 N.W.2d 508, affirmed, and juvenile appealed. The United States Supreme Court held that where juvenile's counsel at juvenile court hearing did not object to preponderance-of-evidence standard and counsel admitted in oral argument before United States Supreme Court that no matter what standard was used evidence would be sufficient to support finding of delinquency, case was not appropriate one for consideration of whether preponderance-of-evidence standard in juvenile court proceedings required by Nebraska statute satisfied due process clause of Fourteenth Amendment.

Appeal dismissed.

Mr. Justice Black and Mr. Justice Douglas dissented.

William G. Line, Fremont, Neb., for appellant.

Richard L. Kuhlman, Fremont, Neb., for appellee.

Alfred L. Scanlan, Washington, D. C., for National Council of Juvenile Court Judges, as amicus curiae, by special leave of Court.

PER CURIAM.