Brent R. Bronson, Petitioner-appellee, v. Brian Mckay, Attorney General, et al., Respondents-appellants, 870 F.2d 1514 (9th Cir. 1989)Annotate this Case
Argued May 14, 1987. Submitted April 10, 1989. Decided April 10, 1989
James J. Rankl, Deputy Atty. Gen., Carson City, Nev., for respondents-appellants.
Dennis E. Widdis, Deputy Public Defender, Reno, Nev., for petitioner-appellee.
Appeal from the United States District Court for the District of Nevada; Edward C. Reed, Jr., District Judge, Presiding.
Prior report: 648 F. Supp. 1094.
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. ----, 2/5, 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.