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UNITED STATES EX REL. MURRAY v. OWENS

Nos. 867, 871, Dockets 72-1474, 72-1514.

465 F.2d 289 (1972)

UNITED STATES of America ex rel. Robert MURRAY, Petitioner-Appellee, v. Chester D. OWENS, Superintendent of Elmira Reception Center, Elmira, New York, et al., Respondents-Appellants.

United States Court of Appeals, Second Circuit.

Decided August 10, 1972.

Attorney(s) appearing for the Case

Michael Gage, New York City (William E. Hellerstein, New York City and Charles Schinitsky of The Legal Aid Society, Brooklyn, on the brief), for petitioner-appellee.

Robert S. Hammer, New York City (Louis J. Lefkowitz, Atty. Gen. of the State of New York and Samuel A. Hirshowitz, First Asst. Atty. Gen., on the brief), for appellants Owens and Lefkowitz.

Alfred Weinstein, New York City (J. Lee Rankin, Corp. Counsel, City of New York, Stanley Buchsbaum and Joseph I. Lauer, New York City, on the brief), for appellant Mucci.

Before FRIENDLY, Chief Judge, and LUMBARD and MULLIGAN, Circuit Judges.

LUMBARD, Circuit Judge:

This case presents the question whether it is a denial of due process to commit a 15-year-old to an adult correctional facility upon an adjudication of delinquency following fact-finding by a state Family Court judge rather than a jury. The district court held that it is, 341 F.Supp. 722, and granted the juvenile's petition for habeas corpus, ordering him released unless the state committed him to a juvenile...

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