DOWER v. BOSLOW

Nos. 75-1802, 75-1803.

539 F.2d 969 (1976)

James Lee DOWER et al., Appellees, v. Harold M. BOSLOW, Director, Patuxent Institution, Appellant. James Lee DOWER, Appellant, v. DIRECTOR, PATUXENT INSTITUTION, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided March 5, 1976.


Attorney(s) appearing for the Case

Karl G. Feissner, Hyattsville, Md. [court-appointed counsel] (Feissner, Garrity, Levan & Schimel, Hyattsville, Md., on brief), for appellants in 75-1803 and appellees in 75-1802.

John J. Garrity, Hyattsville, Md. [court-appointed counsel], for appellees in 75-1802.

Alan S. Davis, Baltimore, Md. (Albert J. Matricciani, Jr., Charles F. Morgan and Luther G. Blackiston, Baltimore, Md., on brief), for amicus curiae for Legal Aid Bureau, Inc.

Donald R. Stutman, Asst. Atty. Gen. of Md., Baltimore, Md. (Francis B. Burch, Atty. Gen. of Md., and Clarence W. Sharp, Asst. Atty. Gen. of Md., Baltimore, Md., on brief), for appellants in 75-1802 and appellees in 75-1803.

Before CRAVEN, RUSSELL and FIELD, Circuit Judges.


CRAVEN, Circuit Judge:

Petitioners-Appellants, all presently confined in Patuxent Institution, sought habeas corpus relief in the district court. Their claim was that commitment pursuant to adjudication as defective delinquents under 3 Md.Ann. Code art. 31B, § 5 violated the due process and equal protection clauses of the fourteenth amendment.1 The statutory definition of defective delinquent is as follows:

For the purposes...

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