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PEOPLE v. SUPERIOR COURT (SMOLIN)

Docket No. L.A. 32068.

41 Cal.3d 758 (1986)

716 P.2d 991

225 Cal. Rptr. 438

THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF SAN BERNARDINO COUNTY, Respondent; RICHARD SMOLIN et al., Real Parties in Interest.

Supreme Court of California.

May 1, 1986.

Attorney(s) appearing for the Case

COUNSEL

Dennis Kottmeier, District Attorney, and Joseph A. Burns, Deputy District Attorney, for Petitioner.

John K. Van de Kamp, Attorney General, and J. Robert Jibson, Deputy Attorney General, as Amici Curiae on behalf of Petitioner.

No appearance for Respondent.

Chuck Nacsin, under appointment by the Supreme Court, Dennis P. Riordan, Riordan & Rosenthal and Albert H. Maldonado for Real Parties in Interest.

OPINION

MOSK, J.

Early on a morning in March 1984, Richard Smolin and his father Gerard (for convenience referred to as defendants) took Richard's two young children from a bus stop in St. Tammany's Parish, Louisiana, and brought them to California. Three months later, the Governor of Louisiana requested that defendants be extradited to Louisiana on a charge of kidnapping. The extradition...

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