No. 18-146
Response Waived
Tags: ' 'credibility-determinations" ' 'habitual-residence" ' 'hague-convention" ' 'multi-circuit-split' ' 'newborn-child" appellate-review credibility-determination credibility-determinations district-court habitual-residence hague-convention harmless-error multi-circuit-splits newborn-children
Key Terms:
AdministrativeLaw Environmental SocialSecurity Securities Immigration
AdministrativeLaw Environmental SocialSecurity Securities Immigration
Latest Conference:
2018-09-24
Question Presented (from Petition)
Does the harmless-error rule apply to clearly erroneous findings of fact if a district court expressly based its credibility determinations (and its ultimate conclusion) on those errors?
If a fact-finder relies on errors of fact for its conclusion does the presence of other substantial evidence to support that conclusion make the errors legally harmless?
Given the requirement of "habitual residence," how does the Hague Convention apply to newborn children?
Question Presented (AI Summary)
Whether the harmless-error rule applies when a district court expressly relied on clearly erroneous factual findings in its credibility determinations and ultimate conclusion
Docket Entries
2018-10-01
Petition DENIED.
2018-08-15
DISTRIBUTED for Conference of 9/24/2018.
2018-08-10
Waiver of right of respondent Jan Rath to respond filed.
2018-07-30
Petition for a writ of certiorari filed. (Response due August 31, 2018)
2018-05-23
Application (17A1280) granted by Justice Thomas extending the time to file until July 28, 2018.
2018-05-16
Application (17A1280) to extend the time to file a petition for a writ of certiorari from May 29, 2018 to July 28, 2018, submitted to Justice Thomas.
Attorneys
Jan Rath
Joseph Patrick Kenny — Weber, Crabb & Wein, P.A., Respondent
Veronika Marcoski
John Granville Crabtree — Crabtree & Auslander, Petitioner