custody

Issues

This case asks the Supreme Court to determine whether, under the Hague Convention, a court may consider ameliorative measures, such as protective orders or custody determinations, to prevent grave danger to a child when ordering a child back to their home country. The Hague Convention requires that children abducted in violation of parental custody rights must be returned to their country of habitual residence. Narkis Golan, a United States citizen living in Italy, brought her Italian-born child to the United States, and did not return to Italy because she was a victim of domestic abuse by her Italian husband, Isaac Saada. Saada then sued Golan under the Hague Convention. Golan claims that her case falls under an exception within the Hague Convention that stops the return of the child if there is risk that the child will be in grave danger. While the lower court found sufficient ameliorative measures to prevent potential danger and granted Saada’s petition, Golan argues that the ameliorative measures are counter to the goals of the Hague Convention and should not be required or considered, especially where there is domestic violence. Saada responds that ameliorative rights must be considered to fairly assess the child’s return to their habitual residence. The outcome of this case could affect the safety of children, Hague Convention proceedings, and cooperation between foreign nations.

Questions as Framed for the Court by the Parties

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Issues

While Randall Fields was incarcerated, officers unaffiliated with the prison questioned him regarding activities unrelated to his incarceration. Fields made incriminating statements to the officers, and was convicted after these statements were admitted into evidence. The U.S. Court of Appeals for the Sixth Circuit granted Fields' petition for habeas corpus relief, holding that the state court decision was in conflict with clearly established Supreme Court precedent forbidding the admission of statements made without the protection of Miranda warnings. The Supreme Court granted certiorari to determine whether a prisoner is "in custody," and thus entitled to Miranda protections, any time the prisoner is separated from the general prison population and questioned. Petitioning Warden Carol Howes contends that habeas should not be granted because the state court’s decision is not in conflict with any clearly established precedent of the Supreme Court. In contrast, Respondent Fields argues that there is a clearly established rule granting Miranda protection to prisoners anytime they are isolated and questioned. Howes maintains that recognizing a Supreme Court precedent requiring Miranda rights to be issued any time a prisoner is questioned will grant prisoners greater protections than those given to ordinary citizens. Fields counters that requiring officers to issue Miranda warnings is essential to protecting prisoners’ Fifth Amendment rights.

Questions as Framed for the Court by the Parties

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