JACKSON v. JUSTICES OF SUPERIOR COURT OF MASS.

No. 76-1524.

549 F.2d 215 (1977)

Kenneth JACKSON et al., Petitioners, Appellees, v. JUSTICES OF the SUPERIOR COURT OF MASSACHUSETTS, Respondents, Appellants.

United States Court of Appeals, First Circuit.

Certiorari Denied April 18, 1977.


Attorney(s) appearing for the Case

Barbara A. H. Smith, Asst. Atty. Gen., Chief, Criminal Appellate Section, Boston, Mass., with whom Francis X. Bellotti, Atty. Gen., Donald P. Zerendow, Asst. Atty. Gen., Acting Chief, Crim. Bureau and Michael C. Donahue, Asst. Atty. Gen., Boston, Mass., were on brief, for appellants.

Russell K. Dunning, Boston, Mass., for appellees.

Before COFFIN, Chief Judge, and ALDRICH and CAMPBELL, Circuit Judges.


ALDRICH, Senior Circuit Judge.

In this case we are faced with the question whether the decision of the Supreme Court in Breed v. Jones, 1975, 421 U.S. 519, 95 S.Ct. 1779, 44 L.Ed.2d 346, is to be given retroactive application. Breed dealt with the impact of the double jeopardy clause of the Fifth Amendment on the procedure by which it is determined that a juvenile should be tried in adult court rather than treated as a...

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