Legal Opinion

State Ex Rel. Lemaster v. Oakley

West Virginia Supreme Court

Decided March 12, 1974No. 13446PublishedCited by 41 opinions

1Opinion of the Court

Haden, Justice:

Clyde E. and Patricia A. Lemaster, indigent parents of Billy Joe, their infant son of almost three years, invoke the original jurisdiction of this Court and seek a writ of habeas corpus against the Honorable Edwin F. Flowers, Commissioner of the Department of Welfare. The object of their petition is to regain the custody of the infant from the department, which has held temporary custody of Billy Joe since June 1971, pursuant to intermittent orders of the Juvenile Court of Logan County.

The relators also contend that, as indigents whose fundamental rights of parenthood are being…

2Cases cited14 opinions

  1. Powell v. AlabamaSupreme Court of the United States · 1932
  2. Bell v. BursonSupreme Court of the United States · 1971
  3. In re WillisWest Virginia Supreme Court · 1973
  4. In re Ella B.New York Court of Appeals · 1972
  5. State v. JamisonOregon Supreme Court · 1968

9 more not listed; retrieve them via the Exa API.

3Cited by41 opinions

  1. In Interest of DBSupreme Court of Florida · 1980
  2. In Re Emily G.West Virginia Supreme Court · 2009
  3. Matter of Chad S.Supreme Court of Oklahoma · 1978
  4. Cleaver v. WilcoxCourt of Appeals for the Ninth Circuit · 1974
  5. Department of Public Welfare v. J. K. B.Massachusetts Supreme Judicial Court · 1979

36 more not listed; retrieve them via the Exa API.

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