No. 23-5186

Kinley MacDonald v. Jeanne Lambrew, et al.

Lower Court: Maine
Docketed: 2023-07-25
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: child-removal civil-rights due-process evidentiary-ruling family-law federal-review habeas-corpus standing state-court state-court-jurisdiction transcript-accuracy
Latest Conference: 2024-02-16 (distributed 2 times)
Question Presented (from Petition)

1) Can a trial court open and remove children in a protective custody case based solely on hearsay circumstances prohibited by State Statute in secret and in absence of jurisdiction?

2) Can a trial court threaten a distressed Mother with further decreased contact with her children to coerce an "agreement" before the "agreement" into an admission of guilt to child abuse/neglect without facts, be evidence of abuse/neglect in that agreement or else here?

3) Can Defendants create systemic barriers to effective use of Counsel, deny a Family opportunity of notice, timely colloquy, review, and appeal on issues, such as abuse of process, jurisdiction, fraud upon the court, abuse of discretion and judicial misconduct to force a trial determination of parental rights on a family deprived of the fundamental, constitutionally paid opportunity to litigate the facts at a court record accuracy of transcripts, orders, evidence, and findings?

4) Can a State Court of last resort declare, a trial standard of review of evidence, against a class of people with "TSP/depression" excluding the removal of her children to a "preponderance of evidence," her diagnosis is, in and of itself, "jeopardy to children" when the Supreme Court of the United States has long demanded a State refrain from presumption that a class of people are unfit parents (Stanley v. Illinois, 405 U.S. 645, 686-88 (1972)) and requires "clear and convincing evidence" of abuse/neglect (Santosky v. Kramer, 455 U.S. 248, 268-91 (1982))?

5) Can State Courts of last resort deny appeals and attempts of a Mother's redress of trial court abuses, aka echo abuses to adjudicate a Mother does not legally have rights to her children, aka is on prior to the termination of her parental rights?

Question Presented (AI Summary)

Whether a state court can remove children from a parent's custody based solely on hearsay evidence prohibited by state statute and in the absence of jurisdiction

Docket Entries

2024-02-20
Rehearing DENIED.
2024-01-17
DISTRIBUTED for Conference of 2/16/2024.
2023-10-24
Petition for Rehearing filed.
2023-10-02
Petition DENIED.
2023-09-07
DISTRIBUTED for Conference of 9/26/2023.
2022-12-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 24, 2023)

Attorneys

Kinley MacDonald
Kinley MacDonald — Petitioner