Harris v. Procunier
United States Court of Appeals for the Ninth Circuit
498 F.2d 576 (1974)
- Written by Deanna Curl, JD
Facts
In 1940, Jackie Harris (defendant) was charged with murder at age 14. The juvenile court held a waiver hearing to determine whether it had jurisdiction over Harris’s case. At the waiver hearing, Harris was not represented by counsel. The juvenile court ultimately determined that Harris was unfit for juvenile proceedings, and the case was filed in criminal court. After an attorney was appointed for Harris, he pleaded guilty to the murder charge and later started serving a life sentence. After a Supreme Court decision in another case holding that juveniles are entitled to counsel at waiver hearings, Harris filed a writ of habeas corpus, arguing the precedent should be retroactively applied to his case to invalidate his waiver hearing. The district court granted Harris’s writ of habeas corpus, and the state appealed.
Rule of Law
Issue
Holding and Reasoning (Barnes, J.)
Concurrence (Choy, J.)
Concurrence (Browning, J.)
Dissent (Hufstedler, J.)
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