519 F.2d 1314 (9th Cir. 1975), 72-2644, Jones v. Breed

Docket Nº:72-2644.
Citation:519 F.2d 1314
Party Name:Gary Steven 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; Robert McKibben, Superintendent of the Southern Regional Center Clinic, California Youth Authority, Respondents-Appellees.
Case Date:June 20, 1975
Court:United States Courts of Appeals, Court of Appeals for the Ninth Circuit
 
FREE EXCERPT

Page 1314

519 F.2d 1314 (9th Cir. 1975)

Gary Steven 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;

Robert McKibben, Superintendent of the Southern

Regional Center Clinic, California Youth

Authority, Respondents-Appellees.

No. 72-2644.

United States Court of Appeals, Ninth Circuit

June 20, 1975

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

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

ORDER

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

In our decision, we reversed "with directions for the district court to issue a writ of habeas corpus directing the state court, within 60 days, to vacate the adult conviction of Jones and either set him free or remand him to the juvenile court for disposition." Jones v. Breed, 497 F.2d 1160, 1168 (9th Cir. 1974), aff'd, --- U.S. ---, 95 S.Ct. 1779, 44 L.Ed.2d 346 (1975). The Supreme Court has now ordered that since "respondent is no longer subject to the jurisdiction of the California Juvenile Court, we vacate the judgment and remand the case to the Court of Appeals for such further proceedings consistent with this opinion as may be appropriate in the circumstances."

Page 1315

Breed v. Jones, --- U.S. ---, ---, 95 S.Ct. 1779, 1791, 44 L.Ed.2d 346 (1975).

Therefore, we reverse and remand with directions...

To continue reading

FREE SIGN UP