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IN RE WHITTINGTON, 391 U. S. 341 (1968)

U.S. Supreme Court

In re Whittington, 391 U.S. 341 (1968)

In re Whittington

No. 701

Argued April 2, 1968

Decided May 20, 1968

391 U.S. 341


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.

Page 391 U. S. 342

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