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eBook details

• Title: Sellers v. Morris
• Author : United States Court Of Appeals For The Sixth Circuit
• Release Date : January 26, 1988
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 53 KB

Description

This is an appeal from the judgment of the United States District Court for the Northern District of Ohio, Eastern Division, denying petitioner Stacey Sellerss petition for a writ of habeas corpus. Sellerss petition alleges that an Ohio juvenile court proceeding held preliminary to binding him over for trial as an adult was actually a delinquency adjudication, and, therefore, the States subsequent prosecution of him as an adult offender for the same crimes that caused the juvenile court to adjudicate him a delinquent violated his fifth-fourteenth amendment right to be free from double jeopardy. On appeal to this court, Sellers contends that the district court erred in applying the 28 U.S.C. § 2254(d) presumption of correctness to the Ohio Court of Appeals finding that the juvenile court proceeding was a probable cause determination and not a delinquency adjudication without first determining whether his case fits within a statutory exception to the application of that presumption. This exception provides that the presumption of correctness afforded a state court factual finding in a habeas corpus action shall not apply when the district court "concludes that such factual determination is not fairly supported by the record." 28 U.S.C. § 2254(d)(8). Had the district court analyzed Sellerss claim under this exception and concluded that the Ohio Court of Appeals characterization of the juvenile court proceeding as a probable cause hearing rather than a delinquency adjudication was "not fairly supported by the record," the court would have been compelled to conclude that the States prosecution of him as an adult violated his right to be free from double jeopardy Breed v. Jones, 421 U.S. 519, 44 L. Ed. 2d 346, 95 S. Ct. 1779 (1975). We conclude that the district court erred in failing to make inquiry as to whether this exception is applicable, and, consequently, we remand the case to the district court to engage in the appropriate analysis of Sellerss claim.

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