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JONES v. BREED

No. 72-2644.

497 F.2d 1160 (1974)

Gary Stevens JONES, a minor, By and Through Lola Mae Jones, his guardian ad litem, Petitioner-Appellant, v. Allen F. BREED, Director of the California Youth Authority, and Robert McKibben, Superintendent of the Southern Regional Center Clinic, California Youth Authority, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

May 15, 1974.

Attorney(s) appearing for the Case

Robert L. Walker (argued), Peter Bull, San Francisco, Cal., for petitioner-appellant.

Russell Iungerich, Deputy Atty. Gen. (argued), Evelle J. Younger, Atty. Gen., Los Angeles, Cal., for respondents-appellees.

Before GOODWIN and WALLACE, Circuit Judges, and EAST, District Judge.

WALLACE, Circuit Judge:

Seventeen-year-old Jones was apprehended for robbery, detained and adjudicated a ward of the juvenile court. Subsequently, he was referred for trial as an adult and was convicted. Having exhausted his state remedies, he unsuccessfully applied to the district court for habeas corpus relief, claiming a violation of his Fifth Amendment right against double jeopardy. We reverse.

California does not challenge the use of habeas corpus as...

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