Hunter v. State

Per Curiam. This Court on December 15, 1970, 260 Md. 720 , 271, A. 2d 531, granted a Writ of Certiorari in the present case directed to the Court of Special Appeals, the opinion of that court having been filed, sub nom, State v. Hunter, on October 28, 1970, and reported at 10 Md. App. 300 , 270 A. 2d 343 . We filed an opinion in the case on May 12, 1971. In a petition for rehearing filed June 10, 1971, we were advised that subsequent to the grant of certiorari, the Court of Special Appeals on January 29, 1971, in Greene v. State, 11 Md. App. 106 , 273 A. 2d 830—following the decision of the United States District Court for the District of Maryland in Long v. Robinson, 316 F. Supp. 22 (aff’d C.A. 4, 436 F. 2d 1116 )—held, in essence, that persons who were between 16 and 18 years of age when the alleged crime was committed and who were previously convicted as adults in the Criminal Court of Baltimore in cases not finally decided on May 15, 1969, were to have their cases remanded to the Juvenile Court for a determination of whether or not jurisdiction should be waived, unless jurisdiction had been previously waived by the Juvenile Court.

The case of the appellant, Hunter, is within the class of cases which should have been remanded to the Juvenile