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PAULEY v. GROSS

No. 49,220

1 Kan. App. 2d 736 (1977)

574 P.2d 234

WILLIAM PAULEY, JR., A Minor by and through his Guardian Ad Litem, STEVEN HORNBAKER, Plaintiff, v. JIM GROSS, Sheriff of Geary County, Kansas, Respondent.

Court of Appeals of Kansas.

Petition for review denied January 25, 1978.

Attorney(s) appearing for the Case

Steven Hornbaker, of Harper & Hornbaker, Chartered, of Junction City, for the plaintiff.

Michael E. Francis, county attorney, and Curt T. Schneider, attorney general, for the respondent.

Jim Lawing, of Wichita, for ACLU of Kansas Foundation, and Marty Guggenheim, of New York City, for American Civil Liberties Union, amici curiae.

Ira Dennis Hawver, of Topeka, for Kansas Trial Lawyers Association, amicus curiae.

Roger N. Walter, assistant attorney general, and Curt T. Schneider, attorney general, amici curiae.

HARMAN, C.J.:

This is an original proceeding in habeas corpus. The issue is whether a juvenile is entitled to pretrial bail as a matter of right under our federal and state constitutions. The case is submitted upon stipulated facts after briefing and oral argument.

On May 26, 1977, plaintiff, William Pauley, Jr., a seventeen-year-old male, was arrested upon a charge of burglary and grand theft. The same day...

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