Hicks v. Cook

For the third time in a month I find myself dissenting in a child-custody case in which the same four judges have cast the deciding votes.1 Though remarkable enough, it is even more noteworthy because for the second time in a week I find myself compelled to once again call attention to how this majority has tortured the law and mishandled the judicial-review process to reach their result.

Regarding Hicks’s first point, that the trial judge erred in basing his change-of-custody decision on Hicks’s alleged practice of Wicca, I am glad that there is unanimous agreement on this court that basing a…