Legal Opinion

Linger v. Weiss

Ohio Supreme Court

Decided March 28, 1979No. 78-734PublishedCited by 20 opinions

1Opinion of the CourtLocher, J.

The first issue to be decided in this cause is whether a failure by a Juvenile Court to comply with the time schedules set out in Juv. R. 29(A) and 34(A) deprives the court of jurisdiction, and, thereby, opens its authority to collateral attack through a complaint for a writ of habeas corpus. Juv, R. 29(A) requires that, if the child who is the subject of the complaint alleging neglect is in shelter care, an adjudicatory hearing must be held not later than ten days after the filing of the complaint. Juv. R. 34 (A) states that the dispositional hearing may be held immediately following the…

2Cases cited4 opinions

  1. Perales v. NinoOhio Supreme Court · 1977
  2. In re HuntOhio Supreme Court · 1976
  3. In re PiazzaOhio Supreme Court · 1966
  4. In Re OroscoCalifornia Court of Appeal · 1949

3Cited by20 opinions

  1. Howard v. Catholic Social Services of Cuyahoga County, Inc.Ohio Supreme Court · 1994
  2. In re DavisOhio Supreme Court · 1999
  3. In Re Z.R.Ohio Supreme Court · 2015
  4. DB v. State, Department of Family ServicesWyoming Supreme Court · 1993
  5. Baker v. ScottOhio Supreme Court · 1980

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