The desire of a parent to relocate to another state and take the children along is one of the most challenging forms of custody case lawyers and clients can face. When this law began to evolve in the 1990s with Gruber v. Gruber, 583 A.2d 434 the Superior Court took the approach that if a move was advantageous for the primary custodial parent, it was probably in the best interest of the children as well. Ironically, that case … Read the rest
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The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here.
A person held in state prison can challenge the constitutionality of their criminal conviction in federal court through a legal tool known as a writ of habeas corpus. Habeas relief is available to anyone “in custody,” which the Supreme Court has interpreted to mean not only physical confinement but also … Read the rest
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The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here.
In June 2021, the Supreme Court issued an unsigned decision instructing the U.S. Court of Appeals for the 8th Circuit to reconsider whether police in St. Louis, Missouri, used unconstitutionally excessive force when they knelt on the back of Nicholas Gilbert for 15 minutes until he suffocated. This week, we … Read the rest