NELSON v. DISTRICT COURT IN AND FOR SECOND JUD. DIST.

No. 26596.

527 P.2d 811 (1974)

Application of Jean NELSON on behalf of Michael John Schweitzer, a minor, Petitioner, v. DISTRICT COURT IN AND FOR the SECOND JUDICIAL DISTRICT and Honorable Robert T. Kingsley, one of the Judges, Respondents.

Supreme Court of Colorado, En Banc.

October 29, 1974.


Attorney(s) appearing for the Case

Robert W. Caddes, Denver, for petitioner.

Friedman, Bader & Dufty, Michael C. Schaefer, Denver, for respondents.


ERICKSON, Justice.

Jean Nelson, in this original proceeding, seeks relief in the nature of mandamus and prohibition. She alleges (1) that the trial court continued a hearing on her petition for habeas corpus and denied her the statutory right to a hearing within five days, and (2) that the trial court lacks jurisdiction to hear a petition for permanent custody and should be prohibited from determining the custody issue. We grant relief in the nature of mandamus, but...

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