In re Whittington

Petitioner, 14 years of age, was adjudged a delinquent by an Ohio Juvenile Court on the basis of the trial judge's finding that there was "probable cause" to believe that he had committed second-degree murder, a felony if committed by an adult. He appealed to a state Court of Appeals alleging that the delinquency proceeding violated his Fourteenth Amendment due process rights. The appellate court affirmed the judgment below and the Ohio Supreme Court dismissed a further appeal. After the petition for certiorari was filed here on April 11, 1967, petitioner was bound over for trial as an adult and indicted for first-degree murder.

Held: Since the Ohio courts have not had the opportunity to assess the impact of In re Gault, 387 U.S. 1, decided May 15, 1967, on petitioner's constitutional claims, the judgment is vacated and remanded to the state Court of Appeals for reconsideration in light of Gault. Upon remand the court may also consider the impact, if any, on petitioner's questions concerning the intervening Juvenile Court order requiring him to face trial in the adult courts.

13 Ohio App. 2d 11, 233 N.E. 2d 333, vacated and remanded.

Jack Supman and Daniel A. Rezneck argued the cause for petitioner. With them on the briefs was Judson C. Kistler.

E. Raymond Morehart and Merritt W. Green argued the cause for the State of Ohio. On the brief with Mr. Morehart was S. Farrell Jackson.

Briefs of amici curiae, urging reversal, were filed by Edward Q. Carr, Jr., and Leon B. Polsky for the Legal Aid Society of New York, and by the Defender's Office, Cleveland Legal Aid Society.

Briefs of amici curiae were filed by Mr. Green for the National Council of Juvenile Court Judges, and by George R. Georgieff, Assistant Attorney General of Florida, for the Florida Council of Juvenile Court Judges.

PER CURIAM.