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Criminal Law

Illinois State University

DeBacker v. Brainard, 396 U.S. 28 (1969)

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11-12-1969 Justice Harlan, Per Curiam, John Harlan Nov 1969

11-12-1969 Justice Harlan, Per Curiam, John Harlan

DeBacker v. Brainard, 396 U.S. 28 (1969)

After a hearing before a juvenile court judge, appellant DeBacker was found to be a "delinquent child" and ordered committed to the Boys Training School at Kearney, Nebraska. DeBacker did not seek direct review of his commitment, but instead sought state habeas corpus. The Nebraska District Court dismissed appellant's petition, a divided Nebraska Supreme Court affirmed, and last Term we noted probable jurisdiction over the present appeal. 393 U. S. 1076. Because we find that resolution of the constitutional issues presented


11-05-1969 Justice Black, Dissenting, Hugo L. Black Nov 1969

11-05-1969 Justice Black, Dissenting, Hugo L. Black

DeBacker v. Brainard, 396 U.S. 28 (1969)

In February 1968 appellant, who was then 17 years old, was charged under the laws of Nebraska with being a "delinquent child" because he had forged bank check which he intended to use for his own purposes. At the hearing on this charge he asked for a jury trial, arguing this was a right guaranteed him by the Sixth Amendment to the Constitution and that a statute prohibiting juries in "delinquency" proceedings was therefore unconstitutional.


10-31-1969 Correspondence From Stewart To Harlan, Potter Stewart Oct 1969

10-31-1969 Correspondence From Stewart To Harlan, Potter Stewart

DeBacker v. Brainard, 396 U.S. 28 (1969)

Dear John,

I am glad to join the Per Curiam you have written in this case.


10-30-1969 Correspondence From White To Harlan, Byron R. White Oct 1969

10-30-1969 Correspondence From White To Harlan, Byron R. White

DeBacker v. Brainard, 396 U.S. 28 (1969)

Dear John:

Please join me.


10-30-1969 Correspondence From Burger To Harlan, Warren E. Burger Oct 1969

10-30-1969 Correspondence From Burger To Harlan, Warren E. Burger

DeBacker v. Brainard, 396 U.S. 28 (1969)

Dear John:

I concur in your excellent per curiam opinion.


10-30-1969 Justice Harlan, Per Curiam, John Harlan Oct 1969

10-30-1969 Justice Harlan, Per Curiam, John Harlan

DeBacker v. Brainard, 396 U.S. 28 (1969)

After a hearing before a juvenile court judge, appellant DeBacker was found to be a "delinquent child" and ordered committed to the Boys Training School at Kearney, Nebraska. DeBacker did not seek direct review of his commitment, but instead sought state habeas corpus. The Nebraska District Court dismissed appellant's petition, a divided Nebraska Supreme Court affirmed, and last Term we noted probable jurisdiction over the present appeal. 393 U.S. 1076. Because we find that resolution of the constitutional issues presented by appellant would not be appropriate in the circumstances of this case, the appeal was dismissed. See Rescue Army v. …