Summary
In Miller v. Rhay, 384 U.S. 892, 86 S.Ct. 1920, 16 L.Ed.2d 997 (1966), the question of the retroactive application of Kent to a state juvenile court waiver was presented but the Court remanded without reaching the issue because the state, in Dillenburg v. Maxwell, Wash., 413 P.2d 940 (1966), cert. denied, 386 U.S. 998, 87 S.Ct. 1320, 18 L.Ed.2d 348 (1967), subsequent to the granting of certiorari in Miller v. Rhay, supra, had construed its statute to require the procedure adopted in Kent.
Summary of this case from Brown v. State of New JerseyOpinion
No. 1180.
Decided June 20, 1966.
Vacated and remanded.
Charles Horowitz, by appointment of the Court, post, p. 902, for petitioner.
John J. O'Connell, Attorney General of Washington, and Stephen C. Way, Assistant Attorney General, for respondent.
In light of the representations of the Attorney General of Washington and upon an examination of the entire record, the motion to remand is granted. The judgment of the Supreme Court of Washington is vacated and the case is remanded to that court for further consideration in light of its opinion in Dillenburg v. Maxwell, ___ Wash.2d ___, 413 P.2d 940.