Cooley v. Stone
| Decision Date | 14 July 1969 |
| Docket Number | No. 23114.,23114. |
| Citation | 414 F.2d 1213 |
| Parties | Ronald Clifton COOLEY v. William J. STONE, Appellant. |
| Court | U.S. Court of Appeals — District of Columbia Circuit |
Mr. Leo N. Gorman, Asst. Corporation Counsel for the District of Columbia, with whom Messrs. Hubert B. Pair, Acting Corporation Counsel, and Richard W. Barton, Asst. Corporation Counsel, were on the motion, for appellant.
Before WRIGHT, McGOWAN and TAMM, Circuit Judges.
Appellee, a 16-year-old, was taken into custody by the police on May 11, 1969, in conjunction with a burglary and detained at the Receiving Home for Children. A detention hearing was held the next day but, despite counsel's request for a judicial inquiry into probable cause, the only matter explored was the advisibility of releasing appellee to his mother's custody. At the conclusion of the hearing, appellee was remanded to the Receiving Home and the initial hearing1 was set for May 19. At the initial hearing, appellee pleaded not involved and once more sought a determination of probable cause. Again the request was denied.
Frustrated in his attempt to obtain a probable cause hearing in the Juvenile Court, appellee sought relief by habeas corpus in the District Court. The application for the writ was filed prior to the initial hearing, but it came on for hearing on May 27, after the initial hearing, at a time when appellee had been confined for 16 days without a judicial determination of probable cause to believe that he was involved in the offense alleged. The District Judge granted the writ, ruling orally as follows:
We fully agree with the District Court's ruling and affirm it. Indeed, the result would be compelled on Fifth Amendment grounds as well as the Fourth Amendment ground relied on in the District Court.
Appellant raises for the first time on appeal a challenge to the District Court's jurisdiction, citing Fulwood v. Stone:2 In that...
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