Samuel Keener v. Terry D. Taylor, Superintendent of the Columbus Ohio Correctional Facility

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 did not attach during Keener’s juvenile court transfer hearing and that his subsequent trial as an adult did not place him in…