Wyoming Writ of Habeas Corpus

Wyoming Inter State Child Custody Jurisdiction Peremtory Writ of Habeas Corpus,

filed February 12, 1990 in the Eighth District Court of Wyoming, Goshen County, case #23-156

R. Langston
Petitioner

VS

The Sheriff of Goshen County
And/or All Law Enforcement
Officers in the State of Wyoming

The Attorney General of
The State of California

Nevada County, California, and

The State of California
Respondents

Peremtory Writ of Habeas Corpus

TO THE SHERIFF OF GOSHEN COUNTY, AND/OR ALL LAW ENFORCEMENT OFFICERS IN THE STATE OF WYOMING:

If you have R. Langston in custody on the authority of arrest warrant(s) issued by Nevada County, California, or by the State of California, RELEASE HIM IMMEDIATELY, upon his verbal pro0mise to appear before this court at any time that the court my require his appearance. Any imprisonment of R. LANGSTON or restraint of his liberty, based upon above described warrant(s), is illegal and a violation of the constitutional rights of R. LANGSTON

In support of the Peremtory Writ of Haveas Corpus, the court makes the following FINDINGS OF FACT AND CONCLUSIONS OF LAW:

1. The within Wyoming court has initial, home state, and continuing jurisdiction, under the provisions of the UNIFORM CHILD CUSTODY JURISDICTION ACT, regarding the custody of GABE , and;

2. The Stanislaus County, California Superior Court, in case #203950, had no child custody jurisdiction under the UCCJA, and all child custody orders having arisen therefrom are void.

3. The Nevada County, California Superior Court had no jurisdiction to try R. LANGSTON for alleged violations of void orders, and all convictions, orders to appear, arrest warrants, orders, extradition proceedings arising from such court in case #$38215, or any other case, are null and void for lack of jurisdiction.

4. All waivers of extradition granted by R. LANGSTON, in California Superior Court case #38215 were the result of the court’s threats ofillegal restraint of the liberty of R. LANGSTON were not freely given, are illegal and null and void.

5. The California accusatory pleadings against R. LANGSTON in Nevada County Superior Court case #38215, do not substantially chare a crime or state a public offense in that all of R. LANGSTON’S actions regarding moving his sone from the State of California in May, 1985, and all of his actions regarding refusing to return his son to California, at all times since May, 1985 are the constitutionally protected actions of a custodial parent exercising the rights of exclusive care, custody and control of his son, GABE.

6. The Warrant in Lieu of Habeas Corpus commanding the body attachment of the minor, GABE,  having arisen in October, 1987 from Stanislaus Cou8nty, California Superior Court case 203950 is illegal, and null and void for lack of jurisdiction.

7. The County of Nevada, The County of Stanislaus, and the State of California are bound by the findings and rulings of the Eighth District, Wyoming Court, by their general appearance within by and through their attorney of record, KEITH KAUTZ. They are particularly bound by all findings and rulings having to do with child custody jurisdiction, since they raised such particular issue therein. The are, further, unconditionally bound by the res judicata effect of the jurisdictional rulings of such court by the Wyoming Supreme Court’s dismissals of their appeals in the spring of 1988.

WHEREFORE, the court grants the following declaratory and injunctive relief:

TO THE ATTORNEY GENERAL OF THE STATE OF CALIFORNIA:

Take no further action, nor allow anyone in the state of California to so do, to enforce the child custody orders having arisen from Stanislaus County Superior Court case #203950; nor take or allow any action to secure or serve warrants for the arrest of R. LANGSTON arising from Nevada County Superior Court case #38215; nor take or allow any action, arising from Nevada County Superior Court case #38215 to effect the extradition to California of R. LANGSTON, nor take or allow any actions, arising from Nevada County Superior Court case #38215, to, in any way, restrain the liberty of R. LANGSTON.

DATED: 2/12/90 Signed by: J.T. Langdon, Judge

Leave a Reply

Your email address will not be published. Required fields are marked *