Legal Opinion
Diane Rowell, F/k/a Diane Oesterle v. Michael E. Oesterle and Department of Health and Rehabilitative Services, State of Florida
Court of Appeals for the Fifth Circuit
Decided September 24, 1980No. 80-5151PublishedCited by 13 opinions
1Per curiam
Michael E. Oesterle sued Diane Rowell, his former wife, for custody of their two children. Following a hearing in Florida Circuit Court, Oesterle prevailed. Rowell now seeks “release” of her two children by way of federal habeas corpus, 28 U.S.C.A. § 2254(a) (West 1977), on the ground that her state court counsel was incompetent. Cf. Davis v. Page, 618 F.2d 374 (5th Cir.), vacated (1980). The district court, acting sua sponte, see Walker v. Johnston, 312 U.S. 275, 284, 61 S.Ct. 574, 578, 85 L.Ed. 830 (1941); United States ex rel. Holes v. Mancusi, 423 F.2d 1137, 1142 (2d Cir. 1970), dismissed…
2Cases cited19 opinions
- Goldberg v. KellySupreme Court of the United States · 1970
- Boddie v. ConnecticutSupreme Court of the United States · 1971
- Harris v. McRaeSupreme Court of the United States · 1980
- California Motor Transport Co. v. Trucking UnlimitedSupreme Court of the United States · 1972
- Jones v. CunninghamSupreme Court of the United States · 1963
14 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Lehman Ex Rel. Lehman v. Lycoming County Children's Services AgencySupreme Court of the United States · 1982
- Cesar Ramirez Gutierrez v. Bertram S. Griggs, Superintendent, California Institution for Men at ChinoCourt of Appeals for the Ninth Circuit · 1983
- Mona Ann Ingram v. Michael Fitzgerald HayesCourt of Appeals for the Eleventh Circuit · 1988
- J.D. Franks and Margaret Franks v. Van Smith, Etc.Court of Appeals for the Fifth Circuit · 1983
- Hilary Davis, Individually and on Behalf of All Others Similarly Situated v. William J. Page, Jr., Etc., Circuit Judges Dixie Herlong Chastain, Etc.Court of Appeals for the Fifth Circuit · 1981
8 more not listed; retrieve them via the Exa API.