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In Re Whittington, 391 U.S. 341 (1968)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
In Re Whittington, 391 U.S. 341 (1968)
In re Whittington No. 701 Argued April 2, 1968 Decided May 20, 1968 391 U.S. 341
CERTIORARI TO THE COURT OF APPEALS OF OHIO,
FAIRFIELD COUNTY
Syllabus
Petitioner, 14 years of age, was adjudged a delinquent by an Ohio Juvenile Court on the basis of the trial judge’s finding that there was "probable cause" to believe that he had committed second-degree murder, a felony if committed by an adult. He appealed to a state Court of Appeals alleging that the delinquency proceeding violated his Fourteenth Amendment due process rights. The appellate court affirmed the judgment below, and the Ohio Supreme Court dismissed a further appeal. After the petition for certiorari was filed here on April 11, 1967, petitioner was bound over for trial as an adult and indicted for first-degree murder.
Held: Since the Ohio courts have not had the opportunity to assess the impact of In re Gault, 387 U.S. 1, decided May 15, 1967, on petitioner’s constitutional claims, the judgment is vacated and remanded to the state Court of Appeals for reconsideration in light of Gault. Upon remand, the court may also consider the impact, if any, on petitioner’s questions concerning the intervening Juvenile Court order requiring him to face trial in the adult courts.
13 Ohio App.2d 11, 233 N.E.2d 333, vacated and remanded.
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Chicago: U.S. Supreme Court, "Syllabus," In Re Whittington, 391 U.S. 341 (1968) in 391 U.S. 341 391 U.S. 342. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=UP1U2I8AVW88JAJ.
MLA: U.S. Supreme Court. "Syllabus." In Re Whittington, 391 U.S. 341 (1968), in 391 U.S. 341, page 391 U.S. 342. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=UP1U2I8AVW88JAJ.
Harvard: U.S. Supreme Court, 'Syllabus' in In Re Whittington, 391 U.S. 341 (1968). cited in 1968, 391 U.S. 341, pp.391 U.S. 342. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=UP1U2I8AVW88JAJ.
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