Pauley Ex Rel. Hornbaker v. Gross

Harman, C.J.:

This is an original proceeding in habeas corpus. The issue is whether a juvenile is entitled to pretrial bail as a matter of right under our federal and state constitutions. The case is submitted upon stipulated facts after briefing and oral argument.

On May 26, 1977, plaintiff, William Pauley, Jr., a seventeen- year-old male, was arrested upon a charge of burglary and grand theft. The same day delinquency proceedings under our juvenile code were instituted against him in the district court of Geary county and a guardian ad litem was appointed. A temporary detention hearing…