KEMPLEN v. STATE OF MARYLAND

No. 13290.

428 F.2d 169 (1970)

John Wayne KEMPLEN, Appellant, v. STATE OF MARYLAND, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided May 22, 1970.

Rehearing Denied and Rehearing Denied July 10, 1970.


Attorney(s) appearing for the Case

Alan D. Yarbro, and Joseph H. H. Kaplan, Baltimore, Md. (Court-assigned counsel), for appellant.

Alfred J. O'Ferrall, III, Asst. Atty. Gen. of Maryland (Francis B. Burch, Atty. Gen. of Maryland, on the brief), for appellee.

Before SOBELOFF, BOREMAN and CRAVEN, Circuit Judges.


Rehearing Denied and Rehearing En Banc Denied July 10, 1970.

CRAVEN, Circuit Judge:

The primary question presented by this appeal is whether a state may, in enforcing its criminal laws, elect to proceed against a juvenile as if he were an adult without his having counsel at the "waiver hearing" in the juvenile court. We think not, and reverse the decision of the district court denying habeas corpus relief to John Wayne Kemplen.

According to the petition...

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