Legal Opinion

John Wayne Kemplen v. State of Maryland

Court of Appeals for the Fourth Circuit

Decided July 10, 1970No. 13290PublishedCited by 115 opinions

1Opinion of the Court

CRAVEN, Circuit Judge:

The primary question presented by this appeal is whether a state may, in enforcing its criminal laws, elect to proceed against a juvenile as if he were an adult without his having counsel at the “waiver hearing” in the juvenile court. We think not, and reverse the decision of the district court denying habeas corpus relief to John Wayne Kemplen.

According to the petition, the petitioner was 17 years old at the time of his arrest on February 17, 1965. The next day he appeared, without counsel, before the Juvenile Court of Harford County, Maryland, for a determination of…

2Cases cited35 opinions

  1. In Re WINSHIPSupreme Court of the United States · 1970
  2. Gideon v. WainwrightSupreme Court of the United States · 1963
  3. Gideon v. WainwrightSupreme Court of the United States · 1963
  4. Stovall v. DennoSupreme Court of the United States · 1967
  5. In Re GAULTSupreme Court of the United States · 1967

30 more not listed; retrieve them via the Exa API.

3Cited by115 opinions

  1. People v. TaylorIllinois Supreme Court · 1979
  2. Commonwealth v. MorrowMassachusetts Supreme Judicial Court · 1973
  3. Carrillo v. StateTexas Supreme Court · 1972
  4. Bromley v. CrispCourt of Appeals for the Tenth Circuit · 1977
  5. Earl French Cox, Jr. v. United StatesCourt of Appeals for the Fourth Circuit · 1973

110 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API