Federal Question

113 Florida cases classified under this topic · sorted by citation count · browse and sort

• Grundler v. State OF N.C.
  283 F.2d 798· 4th Cir.· 1960-11-11 ·cited 104×
  The court held that the District Court did not err in denying a habeas corpus petition without a hearing, as the state court proceedings demonstrated no deprivation of federal constitutional rights.
• Agnew v. City OF Compton
  239 F.2d 226· 9th Cir.· 1956-12-17 ·cited 65×
  The court held that the complaint failed to state a cause of action under the Civil Rights Act because the alleged wrongs did not deprive the plaintiff of rights secured by the Constitution and federal laws.
• United States ex rel. Edward Bennett No. H-6720 v. Alfred T. Rundle, Warden of E. Corr. Inst., Graterford, Pa
  419 F.2d 599· 3d Cir.· 1969-12-05 ·cited 50×
  The court held that the Pennsylvania practice of a preliminary hearing to determine confession voluntariness, followed by jury determination in public, satisfies the Sixth Amendment's public trial requirement.
• James v. Reese
  546 F.2d 325· 9th Cir.· 1976-12-10 ·cited 42×
  The court affirmed the district court's dismissal of the habeas corpus petition because the petitioner failed to exhaust available state remedies for all claims raised.
• Schlette v. People OF the State OF Cal.
  284 F.2d 827· 9th Cir.· 1960-12-01 ·cited 34×
• Cardegna v. Buckeye Check Cashing, Inc.
  894 So. 2d 860· Fla.· 2005-01-20 ·cited 30×
  The Florida Supreme Court held that when a party alleges a contract is void under Florida law (here, for usury), a trial court—not an arbitrator—must first determine the contract's legality before any arbitration clause can be enforced. The court quashed the Fourth District's dec
• Freeman H. Ringer v. Schweiker
  684 F.2d 643· 9th Cir.· 1982-08-19 ·cited 30×
  The court held that plaintiffs' claims for procedural relief were properly brought under federal question and mandamus statutes, and that their substantive claims for benefits were properly brought under 42 U.S.C. § 405(g) due to exceptions to the exhaustion requirement. The dist
• Latimer v. Cranor
  214 F.2d 926· 9th Cir.· 1954-08-06 ·cited 30×
  The court held that the petitioner's claims did not present a federal question warranting habeas corpus relief, as the alleged violations of constitutional rights were either not applicable to state actions or not sufficiently demonstrated to have affected the trial.
• Richards v. Mileski
  662 F.2d 65· D.C. Cir.· 1981-08-21 ·cited 29×
  The court held that the statute of limitations may be tolled due to fraudulent concealment, and the issue of due diligence cannot be decided on a motion to dismiss.
• Pope v. Swenson
  395 F.2d 321· 8th Cir.· 1968-06-10 ·cited 28×
  The court held that a petitioner is bound by his counsel's deliberate strategic waiver of constitutional objections, even if the petitioner himself did not knowingly participate in the decision, precluding federal habeas relief.
• Chicago Metallic MFG. Co. v. Edward Katzinger Co.
  123 F.2d 518· 7th Cir.· 1941-11-12 ·cited 24×
  The court held that a complaint seeking a declaratory judgment on patent validity and infringement, despite a pending state court action, states a valid cause of action and should not have been dismissed.
• Harris v. Lou V. Brewer
  434 F.2d 166· 8th Cir.· 1970-11-19 ·cited 22×
  The court held that a federal court can entertain a habeas corpus claim of illegal search and seizure, even if procedurally forfeited in state court, if the prisoner did not deliberately waive the claim.
• McCall v. State
  136 Fla. 343· Fla.· 1939-02-15 ·cited 21×
  Franklin Pierce McCall sought a stay of execution pending certiorari review of his Florida death sentence for kidnapping for ransom. The Florida Supreme Court denied the stay, finding that McCall's federal constitutional claims regarding denial of counsel and jury trial were with
• Council OF Prison Locals v. Brewer
  735 F.2d 1497· D.C. Cir.· 1984-06-01 ·cited 20×
  Orders of the Federal Service Impasses Panel are generally not subject to direct judicial review, except in extraordinary circumstances, due to clear congressional intent to preclude such review.
• D'Ambra v. United States
  481 F.2d 14· 1st Cir.· 1973-06-07 ·cited 20×
  The court held that the Federal Tort Claims Act does not permit recovery for damages beyond actual pecuniary loss when a state's wrongful death statute is partially punitive, and thus the Rhode Island statute's calculation of damages was inapplicable.
• Foley Ford Gephart v. Beto
  441 F.2d 319· 5th Cir.· 1971-04-16 ·cited 20×
  The court held that the use of extraneous crimes evidence in a state trial, when properly adjudicated under state rules, does not present a federal question warranting habeas corpus relief.
• Application of Raymond C. Hodge For Certificate of Probable Cause
  262 F.2d 778· 9th Cir.· 1958-12-15 ·cited 20×
  The court held that the petitioner's allegations regarding pre-conviction confinement, attorney conduct, and perjured testimony did not present a federal question or demonstrate a denial of constitutional rights sufficient to warrant federal habeas corpus relief.
• Young v. Territory of Hawaii
  160 F.2d 289· 9th Cir.· 1947-03-05 ·cited 20×
  The court held that it lacked jurisdiction to hear the appeal because no substantial federal question was presented, as the jury instruction, though potentially subject to criticism, did not violate due process.
• Lesley v. State OF Okla. & Ray H. Page
  407 F.2d 543· 10th Cir.· 1969-02-27 ·cited 18×
  A guilty plea induced by prosecutorial overreaching, especially with an unrepresented, youthful, and frightened defendant, is constitutionally infirm and involuntary.
• Wild v. State OF Okla.
  187 F.2d 409· 10th Cir.· 1951-02-21 ·cited 18×
  A federal court should not grant a writ of habeas corpus based on perjured testimony unless it was knowingly used by prosecuting officers.
• Bd. of Cnty. Comm'rs of Creek Cnty. v. Seber
  130 F.2d 663· 10th Cir.· 1942-08-22 ·cited 18×
  The court held that the taxes paid were void and that a permanent injunction against their collection was warranted.
• Alburquerque v. Bara
  628 F.2d 767· 2d Cir.· 1980-07-31 ·cited 16×
  The court held that the state's procedural requirements for raising a federal constitutional claim were not satisfied in a way that would bar federal habeas review, and that the appellant's trial jury was sworn after the date of Taylor v. Louisiana, making the ruling applicable.
• Spalitta v. Nat'l Am. Bank OF NEW Orleans
  444 F.2d 291· 5th Cir.· 1971-05-26 ·cited 16×
  The court held that the district court erred in dismissing the stockholders' derivative and class action, as the complaint stated claims upon which relief could be granted and the dismissal was premature.
• United States ex rel. John Sadowy v. FAY
  284 F.2d 426· 2d Cir.· 1960-11-25 ·cited 16×
  The exclusion of lie detector test results by the trial court, even if erroneous under state law, does not raise a federal question and does not violate due process.
• Odell v. Burke
  281 F.2d 782· 7th Cir.· 1960-07-25 ·cited 16×
  The court held that a petitioner's filing in the U.S. Supreme Court, though not explicitly a petition for certiorari, could be construed as such to satisfy the exhaustion of state remedies doctrine. It also held that denial of counsel at a preliminary hearing, or delay in trial w
• In re Costello
  262 F.2d 214· 9th Cir.· 1958-06-24 ·cited 16×
  The court held that the prisoner's appeal raises no federal question and is without merit.
• Clark v. Blackburn
  605 F.2d 163· 5th Cir.· 1979-10-24 ·cited 14×
  The court affirmed the denial of the habeas corpus petition, finding no constitutional violations in the defendant's conviction and sentencing.
• Wooten v. Bomar
  267 F.2d 900· 6th Cir.· 1959-06-17 ·cited 14×
  The court held that a federal court may not grant habeas corpus relief to a state prisoner who has not exhausted available state remedies, including state habeas corpus proceedings.
• Prensa Insular de Puerto RICO, Inc. v. People of Puerto RICO
  189 F.2d 1019· 1st Cir.· 1951-06-07 ·cited 14×
  A federal question essential to appellate jurisdiction must be raised and considered by the lower court before a motion for reconsideration, and cannot be raised for the first time on appeal to confer jurisdiction.
• Watson v. Estelle
  886 F.2d 1093· 9th Cir.· 1989-09-21 ·cited 12×
  The court held that the application of a later amendment to California's Determinate Sentencing Law, which allowed for parole hearings every three years instead of annually, did not violate the ex post facto clause because the law in effect at the time of the offense did not prov
• Ne. Fed. Credit Union v. Neves
  837 F.2d 531· 1st Cir.· 1988-01-25 ·cited 12×
  The district court lacked subject matter jurisdiction because the state was the real party in interest, precluding diversity, and the proposed amendment to assert federal question jurisdiction was merely a defensive maneuver against a state law action.
• Horton C. Weiss v. Waldon C. Burr
  484 F.2d 973· 9th Cir.· 1973-05-21 ·cited 12×
  The majority erred in reversing the trial court's contempt finding based on a point not properly raised or briefed.
• Morgan v. Melchar
  442 F.2d 1082· 3d Cir.· 1971-05-05 ·cited 12×
  The court held that the district court correctly dismissed the complaint for lack of subject matter jurisdiction, as pre-induction judicial review of Selective Service classifications is generally barred by statute.
• Eskridge v. Rhay
  345 F.2d 778· 9th Cir.· 1965-05-07 ·cited 12×
  The court held that the district court did not err in denying habeas corpus relief because the petitioner deliberately and knowingly bypassed his state court remedies by dismissing his appeal.
• Gordon v. Scudder
  163 F.2d 518· 9th Cir.· 1947-08-26 ·cited 12×
  The court held that the appellant had not exhausted his state remedies because he failed to seek certiorari from the U.S. Supreme Court after the California Supreme Court denied his habeas corpus petition without opinion.
• Miller v. Iverne R. Carter
  434 F.2d 824· 9th Cir.· 1970-10-09 ·cited 11×
  The dissenting judge would affirm the district court's denial of the petition for habeas corpus, finding that the petitioner's counsel deliberately waived objections as a matter of trial strategy.
• Cocheyse J. Griffin v. Cnty. Sch. Bd. OF Prince Edward Cnty.
  363 F.2d 206· 4th Cir.· 1966-06-20 ·cited 10×
  A party commits civil contempt by placing the subject matter of pending litigation beyond the court's control with intent to frustrate an anticipated adverse decree, even without a direct injunction or order, when the conduct resists the court's appellate process and impairs the
• Erwin P. Werner v. Hearst Publ'g Co., Inc.
  297 F.2d 145· 9th Cir.· 1961-12-04 ·cited 10×
  The court held that the publication of a news story concerning a former public figure's past activities, even if containing some inaccuracies, does not constitute an invasion of privacy if it is of newsworthy nature and the state's libel statute provides protection for such publi
• United States ex rel. Willie Lowery v. Murphy
  245 F.2d 751· 2d Cir.· 1957-06-26 ·cited 10×
  The court denied the petition for a certificate of probable cause, appointment of counsel, and leave to appeal in forma pauperis.
• Coggins v. O'Brien
  188 F.2d 130· 1st Cir.· 1951-03-15 ·cited 10×
  The court affirmed the dismissal of the habeas corpus petition, finding that the state courts afforded the petitioner a constitutionally adequate opportunity to prove his claims.
• Richardson v. The State OF Tex.
  425 F.2d 1372· 5th Cir.· 1970-05-12 ·cited 8×
  The court held that the federal habeas court correctly denied an evidentiary hearing because the state court had already provided a full and fair hearing on the claims.
• United States ex rel. Gerard Dennis v. Murphy
  265 F.2d 57· 2d Cir.· 1959-04-02 ·cited 8×
  The court held that the district court should have further examined the relator's claims of denial of due process regarding the use of Canadian convictions for sentence enhancement.
• United States ex rel. Johnson v. Ragen
  171 F.2d 630· 7th Cir.· 1948-12-31 ·cited 8×
  The court held that the petitioner's claim of a misidentified prior conviction in the indictment does not render the judgment void, as the trial court had jurisdiction.
• Goodface v. Garfield Grassrope
  708 F.2d 335· 8th Cir.· 1983-05-31 ·cited 7×
  The court held that while the district court had jurisdiction to review the BIA's arbitrary action in refusing to recognize a tribal council, it lacked jurisdiction to resolve the underlying intratribal election dispute.
• Application of Baer
  169 F.2d 770· 3d Cir.· 1948-08-16 ·cited 7×
  The court held that petitioners failed to exhaust their state remedies by not seeking certiorari from the Supreme Court after the New Jersey Court of Errors and Appeals addressed the merits of their federal constitutional claims.
• Moffitt v. Major Fred R. Ross & State of N.C.
  483 F.2d 650· 4th Cir.· 1973-08-29 ·cited 6×
  An indigent defendant is constitutionally entitled to the assistance of assigned counsel in seeking discretionary review in a state's highest court and in seeking a writ of certiorari to the United States Supreme Court.
• Hill v. Beto
  412 F.2d 831· 5th Cir.· 1969-06-10 ·cited 6×
  The court held that the state trial court erred in allowing the prosecutor to cross-examine the petitioner regarding the truth or falsity of his confession when determining its admissibility.
• Poole v. Cletus J. Fitzharris
  396 F.2d 544· 9th Cir.· 1968-06-12 ·cited 6×
  The court held that a defense attorney can waive certain Sixth Amendment rights, like confrontation, as a matter of trial strategy, absent exceptional circumstances.
• Union Bankers Ins. Co. v. United States
  317 F.2d 598· 5th Cir.· 1963-05-22 ·cited 6×
  A statutory merger where stock is issued directly to the absorbed company's stockholders is not subject to the stock transfer tax if state law prohibits the absorbed company from receiving such stock.
• Seward v. Heinze
  262 F.2d 42· 9th Cir.· 1958-12-12 ·cited 6×
  The court held that the petitioner's claims do not present a federal question and are based on state law issues that cannot be reviewed by this court.