writ of habeas corpus child custody

2513 results for writ of habeas corpus child custody

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  • 504 U.S. 689 (1992), 91-367, Ankenbrandt v. Richards

    ... the issuance of a divorce, alimony, or child custody decree. As so limited, the exception's ... a child custody case brought pursuant to a writ of habeas corpus, for instance, the Court held ...

  • 136 U.S. 586 (1890), Ex Parte Burrus

    ... exercise of its original jurisdiction, for a writ of habeas corpus to relieve him from the custody ... citizen of that state, was the father of a child named Evelyn Estelle Miller, who was born on the ...

  • __ U.S. __ (2016), 14-280, Montgomery v. Louisiana

    Montgomery was 17 years old in 1963, when he killed a deputy in Louisiana. The jury returned a verdict of “guilty without capital punishment,” which carried an automatic sentence of life without parole. Nearly 50 years later, the Supreme Court decided, in Miller v. Alabama, that mandatory life without parole for juvenile offenders violates the Eighth Amendment’s prohibition on cruel and unusual...

    ... .           ON. WRIT OF CERTIORARI TO THE SUPREME COURT OF LOUISIANA. ... Montgomery was taken into custody, this Court decided that. mandatory life ... 1060, 103 L.Ed.2d 334, a federal habeas case, set forth a. framework for the ... 825, Miller recognized that children differ from. adults in their " diminished ... the habeas corpus statutes, Congress can of course correct us. ...

  • 115 U.S. 487 (1885), Kurtz v. Moffitt

    ....          A writ of habeas corpus was issued on April 8, 1885, ... to be dismissed and Kurtz remanded to custody, and entered judgment accordingly; and he sued ... father a writ of habeas corpus to take his child out of the custody of his wife, who was living ...

  • 85 F.3d 874 (2nd Cir. 1996), 492, Poodry v. Tonawanda Band of Seneca Indians

    ...writs of habeas corpus in the United States District ... Poodry, Peters, and LaFromboise into custody and eject them from the reservation. Petitioners ... that denied tribal membership to the children of female Santa Clarans who married outside the ...

  • 516 F.2d 1018 (3rd Cir. 1975), 74-1512, Solomon v. Solomon

    ...Three children were born of this union. Marital difficulties ... providing, inter alia, that the wife have custody of the children, that the husband pay a ...On March 14, 1969, defendant brought a habeas corpus action in the Montgomery County Court of ... the court's jurisdiction without express written approval of the court. The bond was finally ...

  • 442 U.S. 415 (1979), 78-6, Moore v. Sims

    ... abuse of one of adult appellees' children to the Texas Department of Human Resources tment), the Department took temporary custody of all three of appellees' minor children and ... obtain an immediate hearing, they filed a habeas corpus petition in Harris County rather than ... court, which issued a show-cause order and writ of attachment ordering that the child suspected ...

  • 458 U.S. 502 (1982), 80-2177, Lehman by Lehman v. Lycoming County

    ... June 30, 1982 .         Children's Services Agency.         Argued March ... placed her three sons in the legal custody of respondent county agency, which in turn placed ... action in Federal District Court, seeking a writ of habeas corpus under 28 U.S.C. § 2254(a), ...

  • 533 U.S. 167 (2001), 00-121, Duncan v. Walker

    ... the limitation period for filing federal habeas petitions. 28 U.S.C. § 2244(d)(2). Before the ... the question whether a federal habeas corpus petition is an "application for State ...Respondent also sought a writ of error coram nobis, which the Appellate ... a writ of habeas corpus by a person in custody pursuant to the judgment of a State court." ... to civil contempt orders for failure to pay child support were cognizable only in a habeas corpus ...

  • 507 U.S. 292 (1993), 91-905, Reno v. Flores

    ... will review the initial deportability and custody determinations upon request by the juvenile. § ... the provision of services to dependent children. Respondents contend that they have a right under ... with reasonable dispatch to avoid habeas corpus. Pp. 309-315.         942 F.2d ...       I join the Court's opinion and write separately simply to clarify that, in my view, ...

  • 542 U.S. 507 (2004), 03-6696, Hamdi v. Rumsfeld

    ...WRIT OF CERTIORARI TO THE UNITED STATES COURT OF ...Hamdi's father filed this habeas petition on his behalf under 28 U.S.C. § 2241, ... moved with his family to Saudi Arabia as a child. By 2001, the parties agree, he resided in ... the present petition for a writ of habeas corpus under 28 U.S.C. § 2241 in the Eastern District ... with his son since the Government took custody of him in 2001, and that the Government has held ...

  • 541 U.S. 652 (2004), 02-1684, Yarborough v. Alvarado

    ... required because Alvarado had not been in custody during the interview under the test articulated ... Court agreed with the state court on habeas review, but the Ninth Circuit reversed, holding ... federal court can grant an application for a writ of habeas corpus on behalf of a person held ... as an assertion of authority to keep their child inside as well.         The majority ...

  • 539 U.S. 510 (2003), 02-311, Wiggins v. Smith

    ... granted Wiggins relief on his federal habeas petition, holding that the Maryland courts' .... .          a) A federal writ can be granted only if a state court decision ... severe privation and abuse while in the custody of his alcoholic, absentee mother and physical ...' limited intellectual capacities and childlike emotional state on the one hand, and the absence ... filed a petition for writ of habeas corpus in Federal District Court.  The trial court ...

  • 482 U.S. 400 (1987), 86-381, California v. Superior Court of California, San Bernardino County

    ...After a California custody decree was modified to give Richard Smolin sole ustody of his minor children and he secured a California warrant to obtain ... the California Superior Court granted them a writ of habeas corpus to block the extradition ...

  • 627 F.3d 525 (4th Cir. 2010), 10-6496, Timms v. Johns

    ... out of Gerald Wayne Timms' petition for a writ of habeas corpus under 28 U.S. C.A. § 2241 (West ... in July 2006 as a part of the Adam Walsh Child Protection and Safety Act. See 18 U.S. C.A. § ..." sexually dangerous person[s]" in federal custody for care and treatment, following the expiration ...

  • 387 U.S. 1 (1967), 116, In re Gault

    ...-old son, Gerald Gault, was taken into custody as the result of a complaint that he had made ...Appellants brought a habeas corpus action in the state courts to challenge ... Supreme Court affirmed dismissal of the writ. Agreeing that the constitutional guarantee of ... adequate written notice be afforded the child and his parents or guardian. Such notice must ...

  • 567 U.S. 460 (U.S. 2012), 10-9646, Miller v. Alabama

    ... . .          ON WRIT. OF CERTIORARI TO THE COURT OF CRIMINAL ...Jackson filed a state. habeas petition, arguing that a mandatory ... Amendment bars capital punishment for children, and. Graham v. Florida, 560 U.S. 48, 130 ... Jackson filed a state petition for habeas corpus. He argued,. based on Roper 's reasoning, ... juvenile court must be released from custody by the age of. 21. See,. . . ...

  • 467 U.S. 253 (1984), 82-1248, Schall v. Martin

    ... detained under § 320.5(3)(b), brought a habeas corpus class action in Federal District Court, ... that there is a "serious risk" that the child "may before the return date commit an act which ... court ordered that "all class members in custody pursuant to Family Court Act Section [320. ... was released from pretrial detention on a writ of habeas corpus issued by the State Supreme ...

  • 649 F.3d 986 (9th Cir. 2011), 06-17161, Doody v. Ryan

    ... Court of Appeals decision in a federal habeas petition, which was denied. However, the district ... rubber stamp, pucker up, and kiss The Great Writ good-bye.          The dissent strains ... proper safeguards the process of in-custody interrogation of persons suspected or accused of ...And when, as here, a mere child— an easy victim of the law— is before us, ..., Doody is entitled to a writ of habeas corpus on the ground that the Miranda warnings the ...

  • 345 U.S. 528 (1953), 244, May v. Anderson

    ...         In a habeas corpus proceeding attacking the right of a mother to retain possession of her minor children, an Ohio court is not bound by the Full Faith and ... effect to a Wisconsin decree awarding custody of the children to their father, when that decree ..., the appeal is treated as a petition for a writ of certiorari, certiorari is granted, and the ...

  • 535 U.S. 685 (2002), 01-400, Bell v. Cone

    ... Court denied respondent’s federal habeas petition, ruling that he did not meet 28 U.S.C. ...’s analysis and granted him a conditional writ of habeas corpus. We hold that respondent’s ... of habeas corpus on behalf of a person in custody pursuant to the judgment of a State court shall ... further information about respondent’s childhood and spoken of her love for him, he concluded that ...

  • 398 F.3d 252 (3rd Cir. 2005), 04-2127, Bagot v. Ashcroft

    ... Court's order denying his petition for a writ of habeas corpus in a deportation case requires s to inquire into the matter of "legal custody." That inquiry will inform our determination as ..., Brian Bagot left his wife and three children in Guyana and emigrated to the United States, ...

  • 330 U.S. 610 (1947), 384, New York ex rel. Halvey v. Halvey

    ... wife had been married in New York, had a child born there, and had lived there seven years, the ... a divorce and awarded her permanent care, custody, and control of the child, but, the day before ...The wife instituted habeas corpus proceedings in New York, challenging the ...The case is here on a petition for a writ of certiorari which we granted because it ...

  • 520 F.3d 249 (3rd Cir. 2008), 07-1748, Carrascosa v. McGuire

    ... with prejudice of her petition for a writ of habeas corpus, which sought to end her ... Convention's Civil Aspects of International Child Abduction, T.I.A.S. No. 11670 (Nov. 7, 1988) (the "Hague Convention"), is a custody battle over a young girl who has not seen either ...

  • 568 F.3d 1091 (9th Cir. 2009), 08-15104, Holley v. Yarborough

    ... court's order denying his petition for a writ of habeas corpus. Holley claims that he was ... Suydam asked Holley to babysit her two children, Raina and Matthew, who were 11 and 10 years old, ... a means of releasing the petitioner from custody, the federal habeas statute " does not limit the ...