MITCHELL v. PINCOCK

No. 12327.

577 P.2d 343 (1978)

99 Idaho 56

Application of Marilyn Janet Mitchell for a writ of habeas corpus. Marilyn Janet MITCHELL, Petitioner-Appellant, v. Lois Anne PINCOCK, Defendant-Respondent.

Supreme Court of Idaho.

Rehearing Denied May 1, 1978.


Attorney(s) appearing for the Case

Deborah A. Bail of Idaho Legal Aid Services, Inc., Boise, for petitioner-appellant.

Phillip M. Barber and Karl Jeppesen of Elam, Burke, Jeppesen, Evans & Boyd, Ellison M. Matthews of Matthews, Lee & Wilson, Boise, for defendant-respondent.


DONALDSON, Justice.

Marilyn Mitchell (petitioner-appellant), an unmarried woman, gave birth to Christopher Mitchell on November 30, 1971 in La Mesa, California. Unsure if she wanted the baby, she signed a release allowing Lois Pincock (defendant-respondent) and her husband to take Christopher home from the hospital. About three months later, the Pincocks wanted to adopt Christopher, but Mitchell refused her consent. She demanded the baby be returned and the Pincocks...

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