Brent R. Bronson v. Brian McKay Attorney General

Ninth Circuit

Brent R. Bronson v. Brian McKay Attorney General

870 F.2d 1514, 1989 U.S. App. LEXIS 4776, 1989 WL 32462

Court of Appeals for the Ninth Circuit·Decided April 10, 1989·No. 86-15077·Published·Cited by 4 cases

Opinion

ORDER

We vacated submission of this case on July 6, 1988, pending the Supreme Court’s decision in Blanton v. City of North Las Vegas, a case raising the identical issue. Blanton has now been decided: The Court has held that the sixth amendment does not guarantee a jury trial to persons charged under Nevada law with driving under the influence of alcohol. — U.S. —, —, *1515 109 S.Ct. 1289, 1291, 103 L.Ed.2d 550 (1989). Accordingly, we order the case resubmitted and reverse the district court’s grant of Bronson’s petition for a writ of habeas corpus. We remand to the district court for dismissal of the complaint.

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ORDER

We vacated submission of this case on July 6, 1988, pending the Supreme Court’s decision in Blanton v. City of North Las Vegas, a case raising the identical issue. Blanton has now been decided: The Court has held that the sixth amendment does not guarantee a jury trial to persons charged under Nevada law with driving under the influence of alcohol. — U.S. —, —, *1515 109 S.Ct. 1289, 1291, 103 L.Ed.2d 550 (1989). Accordingly, we order the case resubmitted and reverse the district court’s grant of Bronson’s petition for a writ of habeas corpus. We remand to the district court for dismissal of the complaint.

Brent R. Bronson v. Brian McKay Attorney General, 870 F.2d 1514, 1989 U.S. App. LEXIS 4776, 1989 WL 32462 (9th Cir. 1989).

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Opinion

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