Legal Opinion

People ex rel. Wayburn v. Schupf

New York Court of Appeals

Decided May 13, 1976PublishedCited by 57 opinions

1Opinion of the CourtJones, J.

We hold that the provision of the Family Court Act1 that authorizes pretrial detention of a youth charged as a juvenile delinquent when there is a serious risk that he may commit a criminal act before the return date of the petition does not violate the equal protection or due process provisions of our Federal or State Constitutions.

On October 8, 1974 a petition was filed in the Family Court of Kings County alleging that the 15-year-old youth on whose behalf this habeas corpus proceeding was instituted had committed acts which, if committed by an adult, would constitute the crimes of murder…

2Cases cited8 opinions

  1. In Re WINSHIPSupreme Court of the United States · 1970
  2. Shapiro v. ThompsonSupreme Court of the United States · 1969
  3. Dunn v. BlumsteinSupreme Court of the United States · 1972
  4. McKeiver v. PennsylvaniaSupreme Court of the United States · 1971
  5. Montgomery v. DanielsNew York Court of Appeals · 1975

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3Cited by57 opinions

  1. Schall v. MartinSupreme Court of the United States · 1984
  2. State v. RiceWashington Supreme Court · 1983
  3. People v. KueyNew York Court of Appeals · 1994
  4. United States v. Melendez-CarrionCourt of Appeals for the Second Circuit · 1986
  5. Morris v. D'AMARIOSupreme Court of Rhode Island · 1980

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