BRENT R. BRONSON, PETITIONER-APPELLEE,
v.
BRIAN MCKAY, ATTORNEY GENERAL, ET AL., RESPONDENTS-APPELLANTS

9th Cir. | 1989-04-10
No. 86-15077
Before BRUNETTI and KOZINSKI, Circuit Judges, and GRAY, District Judge.
870 F.2d 1514 United States Court of Appeals for the Ninth Circuit (1989) Positive Treatment
Cited by 2 cases

Opinion of the Court

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. —, —, 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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