sole custody definition

5093 results for sole custody definition

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  • Maryland v. King, 569 U.S. (2013)

    ... and bring the suspect to the station to be detained in custody, taking and analyzing a cheek swab of the arrestee's DNA ...KING Opinion of the Court search is acceptable solely because a person is in custody.Some searches, such as invasive ... what happened atthis point illustrates why, by definition, King couldnot have been identified by this match. The ...

  • 48 CFR 2.101 - Definitions.

    ..., and its grounds and approaches, all or any portion of which is under the jurisdiction, custody or control of a department or agency;. (2) Federally-controlled commercial space shared with ...(1) A sole source award to a HUBZone small business concern. (2) Set-aside awards based on competition ...

  • Adoptive Couple v. Baby Girl, 570 U.S. (2013)

    ... child is likely toresult from the parent's "continued custody" of the child-does not apply when, as here, the relevant parent ... eligibility for membership in the Cherokee Nation depends solely upon a lineal blood relationship with a tribal ancestor").It is ... that Biological Father fell within the ICWA's definition of a " 'parent.' "Id., at 644, 731 S. E. 2d, at 560. The court ...

  • Melendez-Diaz v. Massachusetts, 557 U. S. (2009)

    ..., id., at 52, but under the relevant Massachusetts law their sole purpose was to provide prima facie evidence of the substance’s ... qualify as an official record under respondent’s definitionit was prepared by a public officer in the regular course of his ...Consider just twoestablishing the chain of custody and authenticating a copy of a document. . It is the ...

  • Section 2: Judicial Power and Jurisdiction

    ...Chief Justice Hughes once essayed a definition, which, however, presents a substantial problem of labels. "A ... Justice Marshall stated: "The province of the court is, solely, to decide on the rights of individuals, not to inquire how the ... habeas corpus and removal to release persons from the custody of the other set, and through the refusal by state courts to be ...

  • 12 CFR 217.2 - Definitions.

    ...Custodian means a financial institution that has legal custody of collateral provided to a CCP. Default fund contribution means the funds contributed or ...(1) Is triggered solely by events not directly related to the performance of the underlying exposures or the originating ...

  • Boumediene v. Bush, 553 U.S. (2008)

    ... undoubtedly applies to habeas actions, which, by definition, "relate to . . . detention" within that section's meaning. ...[T]he essence of habeas corpus is an attack by a person in custody upon the legality of that custody"); cf. In re Jackson , 15 ...On the contrary, the sole purpose was to minimize the difficulties encountered in habeas ...

  • Fourteenth Amendment. Section 1: Privileges and immunities of citizenchip, due process and equal protection

    .... . which ratified" this amendment, and that the sole "pervading purpose" of this and the other War Amendments was "the ... to be protected against violence while in the lawful custody of a United States marshal, and the right to inform the United .... Definitions . "Person" .-The due process clause provides that no States ...

  • Miranda v. Arizona, 384 U.S. 436 (1966)

    ... In each of these cases the defendant while in police custody was questioned by police officers, detectives, or a prosecuting ... system - that he is not in the presence of persons acting solely in his interest. The circumstances surrounding in-custody ..., competent to stand trial, and sane within the legal definition. At the police station, the victim picked Miranda out of a ...

  • Clapper v. Amnesty International USA, 568 U.S. (2013)

    ... analyzes whether the minimization procedures"meet the definition of minimization procedures undersection 1801(h) . . . , as ... Intelligence Agency toaccount for its expenditures solely on the certificate of the 9 10 CLAPPER v. AMNESTY INTERNATIONAL ... Royce continues to representindividuals held in the custody of the U. S. militaryoverseas. A third plaintiff, Joanne ...

  • 8 CFR 208.18 - Implementation of the Convention Against Torture.

    ...(a) Definitions. The definitions in this subsection incorporate the definition of ... act must be directed against a person in the offender's custody or physical control. (7) Acquiescence of a public official ... to March 22, 1999 may move to reopen proceedings for the sole purpose of seeking protection under ? 208.16(c). Such motions ...

  • INS v. St. Cyr, 533 U.S. 289 (2001)

    ...651 , 663, and, until the 1952 Act, a habeas action was the sole means of challenging a deportation order's legality, see, e. g., ... provided, inter alia, habeas relief for an alien in custody pursuant to a deportation order, is not sufficient to eliminate ...Since the 1996 statutes expanded the definition of "aggravated felony" substantially-and retroactively-the number ...

  • Sykes v. United States, 564 U.S. (2011)

    ... look only to the fact of conviction andthe statutory definition of the prior offense, and do notgenerally consider the particular ... match hisspeed or use force to bring him within their custody. Aperpetrator's indifference to these collateral consequenceshas ... to attack, or physically to resist, an apprehender").The sole decision of this Court concerning the reach ofACCA's residual ...

  • Ozaltin v. Ozaltin, (2nd Cir. 2013)

    ...The Father met his burden of showing that he retained custody rights under Turkish law, and that the Mother's removal of the ... authority of foreign legal systems, the Convention focuses solely on "whether a child should be returned to her country of habitual ...1. The definition of "rights of custody" under the Convention is an issue of treaty ...

  • District of Columbia v. Heller, 554 U.S. (2008)

    ... relevantly, "[t]o retain; not to lose," and "[t]o have in custody." Johnson 1095. Webster defined it as "[t]o hold; to retain in ...Rather, they manufacture a hybrid definition, whereby "bear arms" connotes the actual carrying of arms (and ...He bases that assertion solely upon the prologue-but that can only show that self-defense had ...

  • Fourth Amendment: Search And Seizure

    ... to the warrant requirement are no longer evaluated solely by the justifications for the exception, e.g., exigent ... to issue a citation rather than arresting (and placing in custody) a person who has committed a minor offense - even a minor ... relevant to the area define "probable cause;" the definition is entirely a judicial construct. An applicant for a warrant must ...

  • Fifth Amendment: Rights Of Persons

    ...Its adoption in our Constitution as the sole method for preferring charges in serious criminal cases shows the ... the punishment exceeds that specified in the statutory definition of "petty offenses." . A person can be tried only upon the ... Neither may a corporate official with custody of corporate documents which incriminate him personally resist ...

  • Abbott v. Abbott, 560 U. S. (2010)

    ... wrongful where” “it is in breach of rights of custody attributed to a person … under the law of the State in which ... notions is beside the point because the Convention’s definition of “rights of custody” controls. This uniform, text-based ...It is she who received sole custody, or “daily care and control,” of A. J. A. when the ...

  • Justices of Boston Municipal Court v. Lydon, 466 U.S. 294 (1984)

    ... District Court, which held that respondent was "in custody" for purposes of 28 U.S.C. 2254(b) and that he had exhausted his ... to stop a defendant from choosing a bench trial for the sole purpose of getting a preview of the State's case to enable him to ... of the exhaustion principle, not because a different definition of custody is adopted. . Footnote 3 The exhaustion requirement ...

  • California v. Superior Court of Cal., San Bernardino Cty., 482 U.S. 400 (1987)

    ...After a California custody decree was modified to give Richard Smolin sole custody of his ... in the documents and that they meet the technical definition of a "fugitive." Their sole contention is that, in light of the ...

  • Section 8: Powers of Congress

    .... Definition of Terms . Commerce .-The etymology of the word "commerce" ... in the nature of quarantine regulations and usually dealt solely with interstate transportation. In 1884, the exportation or ... of 1950, in authorizing the Attorney General to hold in custody, without bail, aliens who are members of the Communist Party of ...

  • Rothgery v. Gillespie County, 554 U.S. (2008)

    ... applies at preindictment preliminary hearing at which the "sole purposes . . . are to determine whether there is sufficient ... give rise to the right would certainly have a federal definition"), and under the federal standard, an accusation filed with a ... Fourth Amendment hearing "is addressed only to pretrial custody" and has an insubstantial effect on the defendant's trial ...

  • Ryan v. Valencia Gonzales, 568 U.S. (2013)

    ...3 In fact, §3599(e), which contains the section's sole reference to "competency," cuts against the Ninth Circuit's ... after sentencing, andfederal habeas petitioners, by definition, are incarcerated,not on probation.Furthermore, §4241, like the ... his defense, the court shallcommit the defendant to the custody of the Attorney General." (Emphasis added.) 13 This argument is ...

  • Section 2: Powers and Duties of the President

    ... Indeed, until 1830, courts-martial were convened solely on the President's authority as Commander-in-Chief. Such rules ... the trial by military commission of persons held in custody as "spies" and "abettors of the enemy." The salient passage of ... States , reviewed its pronouncements regarding the definition of "inferior officer" and, disregarding some implications of its ...

  • Eric Wilson v. W. Flaherty, (4th Cir. 2012)

    ... § 2254's jurisdictional requirement that he be "in custody" at the time he filed his petition, see 28U.S.C. . § 2254(a) ...] therefore cannot bring a federal habeas petition directed solely at those convictions." Id. at 401 (emphasis added). Because ... that "[i]n Jones and other cases expanding the definition of custody, the [Supreme] Court emphasized the physical nature of ...