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KEENER v. TAYLOR

No. 80-3166.

640 F.2d 839 (1981)

Samuel KEENER, Petitioner-Appellant, v. Terry D. TAYLOR, Superintendent of the Columbus Ohio Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided February 5, 1981.

Attorney(s) appearing for the Case

Alexander H. Martin, Jr., Shaker Heights, Ohio, for petitioner-appellant.

Rebecca Haney, Simon B. Karas, Asst. Atty. Gen., Columbus, Ohio, for respondent-appellee.

Before WEICK and MERRITT, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

PHILLIPS, Senior Circuit Judge.

The principal question presented on the appeal of this habeas corpus case is whether the procedure of the State of Ohio for determining whether a juvenile defendant should be tried as a juvenile or an adult is an adjudicatory proceeding to which double jeopardy attaches. District Judge Joseph P. Kinneary, in dismissing the petition of appellant Samuel Keener for writ of habeas corpus, answered in the negative. We agree that jeopardy...

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