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In the matter of the application of James Nesladek and Anna Nesladek for a writ of Habeas Corpus

June 25, 1921 - July 11, 1921

Petitioned on June 25, 1921

Filed before the Douglas County District Court (Omaha, Nebraska)

Case ID: hc.case.ne.1345

Case Summary

James Nesladek and Anna Nesladek petitioned for a writ of habeas corpus against A. H. Vosberg (Chief of the Juvenile Department), Michael L. Clark (Sheriff) and Sherman Clayton (Chief Deputy Sheriff and Jailer) for detaining their 17-year-old son, William Nesladek, who was suspected of stealing a car and kidnapping a 16-year old girl with the help of four others. The Nesladeks claimed that they first learned that William was accused of a crime when they were served summons to appear before the Juvenile Court, which meant that Nesladek did not have counsel when he was tried in a trial without a jury. Therefore, they argued that he was convicted and sentenced to the state reformatory without due process of law. Judge Charles Goss commanded that Vosberg, Clark, and Clayton bring the body of Nesladek before the court, and Nesladek was released on recognizance of $1,000 with his parents are sureties while the trial was under advisement. The petition was granted and Nesladek was released from custody of the sheriff upon his sentencing to Kearney, but he was remanded to the custody of the juvenile court. It is unknown what Nesladek's ultimate fate was.

Case Information

Petition type(s)

  • Institutional
  • Carceral

Petition subtype(s)

  • Child custody
  • Child custody

Sites of significance

Outcome

Writ allowed

Fate of bound party

Remained in custody|custody transferred to third party

Case Citation

Douglas County District Court, Omaha, NE, RG230: Douglas County Records, Subgroup 10: District Court, 1855-1972, Series: Criminal Appearance Docket Books, Vol. 23: ca. 1920 - 1920, p. 652; Douglas County District Court, Omaha, NE, RG230: Douglas County Records, Subgroup 10: District Court, 1855-1972, Series 7: Criminal Case Files, 1897-1920, Reel 98: 23-588 to 23-730, May 24, 1921 - Jul. 22, 1921, No. 23-652

Source material(s)

Case File | Docket

Length of case file

Between 6 and 10 pages

Repository(s)

State

  • Nebraska

Tag(s)

  • Children
  • Juvenile detention

People

Citation

Katrina Jagodinsky, Cory Young, Andrew Varsanyi, Laura Weakly, Karin Dalziel, William Dewey, Erin Chambers, Greg Tunink. “In the matter of the application of James Nesladek and Anna Nesladek for a writ of Habeas Corpus.” Petitioning for Freedom: Habeas Corpus in the American West, 1812-1924, University of Nebraska–Lincoln. Accessed November 21, 2024. https://petitioningforfreedom.unl.edu/cases/item/hc.case.ne.1345

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