Smolin and his ex-wife, Pope, were engaged in a very bitter and protracted custody dispute. The dispute resulted in different custody orders being issued by the state of California and Louisiana. Smolin had sole custody under a California order and picked up the children in Louisiana. The Popes brought criminal kidnapping charges against Smolin, and the state of Louisiana sought extradition from California. A California Superior Court (D) granted Smolin's writ for habeas corpus, finding the Louisiana criminal charge patently nonmeritorious. The court of appeals reversed, but the state supreme court reinstated the trial court order. The U.S. Supreme Court granted review.