RESPONDENT: Gary Steven Jones
LOCATION: Location of alleged robbery
DOCKET NO.: 73-1995
DECIDED BY: Burger Court (1972-1975)
LOWER COURT: United States Court of Appeals for the Ninth Circuit
CITATION: 421 US 519 (1975)
ARGUED: Feb 25, 1975 / Feb 26, 1975
DECIDED: May 27, 1975
GRANTED: Oct 21, 1974
Russell Iungerich - for petitioner
Robert L. Walker - for respondent
Facts of the case
A juvenile court found 17-year-old Gary Jones guilty of acts that would constitute robbery if he were tried as an adult. After the hearing, the court determined that Jones should be prosecuted as an adult. Jones filed for habeas corpus, arguing that the criminal trial put him in double jeopardy. The trial court, court of appeal, and Supreme Court of California denied the writ. The case went to trial and the court found Jones guilty of robbery in the first degree.
Jones again filed for a writ of habeas corpus in Federal district court. The court denied the petition, holding that hearings before juvenile court and criminal trials are so different that double jeopardy did not apply. The U.S. Court of Appeals for the Ninth Circuit reversed. The court reasoned that the application of double jeopardy would not impede the juvenile courts. The court also held that allowing the criminal verdict to stand would destroy confidence in the judicial system.
Was Gary Jones put in double jeopardy when he was tried as an adult after an adjudication hearing in juvenile court?
Media for Breed v. Jones
- Opinion Announcement - May 27, 1975
- Oral Argument - February 25, 1975
- Oral Argument - February 26, 1975
Audio Transcription for Oral Argument - February 26, 1975 in Breed v. Jones
Audio Transcription for Opinion Announcement - May 27, 1975 in Breed v. Jones
Warren E. Burger:
I have also for announcement the judgment and opinion of the Court in 73-1995, Breed against Jones.
And for reasons stated in an opinion filed today, the judgment of the United States Court of Appeals for the Ninth Circuit is vacated and remanded.