Habeas Corpus Jurisdiction

228 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Wright v. Bailey
  544 F.2d 737· 4th Cir.· 1976-11-04 ·cited 17×
  An arrest is lawful and resistance is not justified if the statute under which the arrest is made is facially valid at the time of the arrest, even if it is later declared unconstitutional.
• Solomon Monk v. Secretary OF the Navy
  793 F.2d 364· D.C. Cir.· 1986-06-20 ·cited 16×
  The court lacks jurisdiction to hear the habeas corpus action because it was not filed where the petitioner's immediate custodian resides.
• Miller v. The Honorable John A. Chafee
  462 F.2d 335· 9th Cir.· 1972-06-20 ·cited 16×
  The court held that the district court had jurisdiction and that the denial of the conscientious objector discharge was unsupported by the record, and the condition of reimbursement was improper.
• Settler v. Yakima Tribal Court
  419 F.2d 486· 9th Cir.· 1969-12-22 ·cited 16×
  A federal district court has jurisdiction to hear a petition for a writ of habeas corpus from an individual convicted by a tribal court, even if the conviction involves internal tribal matters, when constitutional rights are implicated and tribal appellate courts lack the power t
• Parker L. Hancock v. Nelson
  363 F.2d 249· 1st Cir.· 1966-07-08 ·cited 16×
  The dissent argues that the seizure of evidence (clothes) was the direct fruit of an unconstitutional detention, and that the court's reasoning for admitting such evidence is flawed.
• Davis v. State OF N.C.
  310 F.2d 904· 4th Cir.· 1962-11-07 ·cited 16×
  A federal district court cannot deny a state prisoner's habeas corpus petition without a hearing if the state court record does not adequately show resolution of disputed historical facts relevant to the constitutional claim.
• McCALL v. Swain
  510 F.2d 167· D.C. Cir.· 1975-03-20 ·cited 15×
  The District Court has habeas corpus jurisdiction over individuals sentenced for local crimes by that court, even when challenging administrative decisions of locally operated prisons, because the custodians are considered federal officers for these purposes.
• Ex Parte: Ernest Amos
  94 Fla. 1023· Fla.· 1927-12-06 ·cited 15×
  Ernest Amos, the Florida State Comptroller, was indicted for malpractice in office based on his alleged willful and corrupt failure to forfeit a bank's franchise and wind up its business under specified statutory conditions. The Florida Supreme Court held that the indictments fai
• Birdsell v. The State OF Ala. & Attorney Gen. of the State of Ala.
  834 F.2d 920· 11th Cir.· 1987-12-21 ·cited 14×
  A federal inmate challenging prior state convictions is not 'in custody' for habeas corpus purposes if the state probation period has expired and cannot be revoked under state law.
• Jones v. Johnston
  534 F.2d 353· D.C. Cir.· 1976-03-23 ·cited 14×
  A parole violator warrant lodged as a detainer against a prisoner serving an intervening sentence constitutes sufficient 'custody' to support habeas corpus jurisdiction, and due process requires a prompt revocation hearing, not one deferred until the intervening sentence is serve
• Seepe v. Dep't OF THE Navy
  518 F.2d 760· 6th Cir.· 1975-05-23 ·cited 14×
  A federal district court should require exhaustion of administrative remedies within the military service before granting judicial review of an enlistment contract dispute, absent specific exceptions like emergency, hardship, or futility.
• Wingo v. Ciccone
  507 F.2d 354· 8th Cir.· 1974-12-05 ·cited 14×
  The court held that the district court properly granted partial relief by ordering the removal of detainers if state charges were not promptly resolved, but lacked the power to enjoin state prosecutions.
• State of Fla. ex rel. Peter J. Renaldi v. Sandstrom
  276 So. 2d 109· Fla. 3d DCA· 1973-04-16 ·cited 14×
  The Florida District Court of Appeal dismissed a habeas corpus petition challenging a $150,000 bond set by a circuit court judge, holding that while the appellate court has concurrent jurisdiction with the circuit court to hear such matters, the circuit court is the more appropri
• Lieutenant John A. Strait v. Laird
  445 F.2d 843· 9th Cir.· 1971-06-04 ·cited 14×
  The court held that the district court lacked jurisdiction in habeas corpus because the appellant's custodian was outside the court's territorial jurisdiction, despite the appellant being within it.
• Schaefer v. Leone
  443 F.2d 182· 2d Cir.· 1971-05-24 ·cited 14×
  A state trial court's misstatement of state law to a jury, even if erroneous, does not raise a substantial federal question cognizable in federal habeas corpus jurisdiction unless it violates constitutional rights.
• Lyons v. Brierley
  435 F.2d 1214· 3d Cir.· 1970-12-18 ·cited 14×
  The court held that the appellant's claims of being denied the right to appeal and assigned counsel were frivolous and without merit.
• State v. Prescott
  110 Fla. 261· Fla.· 1933-05-18 ·cited 14×
  The Florida Supreme Court quashed a writ of habeas corpus, holding that a prior circuit court judgment on the same issues was res judicata and barred a subsequent habeas corpus petition in the Supreme Court. This case clarifies the finality of circuit court judgments in original
• Shelton v. Taylor
  550 F.2d 98· 2d Cir.· 1977-02-22 ·cited 12×
  The court held that while the Southern District of New York had jurisdiction over the habeas corpus petition, the alleged prejudice from the delay in a parole revocation hearing was too minimal and speculative to warrant relief.
• Noll v. The People OF the State OF Neb.
  537 F.2d 967· 8th Cir.· 1976-06-17 ·cited 12×
  Federal habeas corpus jurisdiction does not lie in the district court where the petitioner is not in the custody of the respondent, even if a prior conviction from that district was used to enhance a sentence in another state.
• Arlen v. Hon. Melvin Laird
  451 F.2d 684· 2d Cir.· 1971-10-28 ·cited 12×
  A district court has jurisdiction to entertain a habeas corpus petition filed by an unattached reservist residing within its territorial jurisdiction, even if the nominal commanding officer is located elsewhere.
• Smith v. Capt. James M. Campbell
  450 F.2d 829· 9th Cir.· 1971-10-11 ·cited 12×
  A district court retains habeas corpus jurisdiction if the petitioner and custodian were within its territorial jurisdiction at the time the petition was filed, even if the petitioner is subsequently removed from the district.
• Brown v. Louie L. Wainwright
  447 F.2d 980· 5th Cir.· 1971-09-10 ·cited 12×
  The court held that federal courts lack jurisdiction to entertain a habeas corpus petition attacking a sentence that has already expired and is unrelated to the current sentence of confinement.
• Application of Joseph E. Steiner, Jr. v. The Officer IN Command
  436 F.2d 687· 5th Cir.· 1970-12-07 ·cited 12×
  The court held that Section 10(b)(3) of the Selective Service Act prohibits pre-induction judicial review of a registrant's classification and processing, and that mere presence at an induction center does not constitute 'custody' for habeas corpus purposes.
• Brinson v. State
  988 So. 2d 665· Fla. 3d DCA· 2008-07-23 ·cited 10×
  The Eleventh Judicial Circuit lacked jurisdiction to consider Brinson's habeas petition challenging his sentence, requiring him to seek relief in the Sixth Judicial Circuit.
• Taylor v. Armontrout
  877 F.2d 726· 8th Cir.· 1989-06-20 ·cited 10×
  A federal court lacks habeas corpus jurisdiction over a conviction whose sentence has completely expired, even if that conviction is used to enhance a subsequent sentence.
• Gregorio F. Vargas v. Swan
  854 F.2d 1028· 7th Cir.· 1988-08-12 ·cited 10×
  The court held that the record was insufficient to determine if the INS's detainer or parole status constituted sufficient custody for federal habeas jurisdiction, and remanded for further factual development.
• Dunn v. United States Parole Comm'n
  818 F.2d 742· 10th Cir.· 1987-05-14 ·cited 10×
  The Tenth Circuit held that the Parole Commission's reliance on an insanity acquittal from eighteen years prior to retard a prisoner's parole date, without evidence of current mental illness or risk, was arbitrary and capricious.
• Tinder v. Sister Rose Paula
  725 F.2d 801· 1st Cir.· 1984-01-16 ·cited 10×
  The court held that a petitioner is not 'in custody' for habeas corpus purposes when their probation has expired and the possibility of revocation for failure to pay restitution is speculative and not a severe restraint on liberty.
• Wren v. Carlson
  506 F.2d 131· D.C. Cir.· 1974-09-12 ·cited 10×
  The court concurred in the result that the case should be dismissed as frivolous and potentially transferred to the Northern District of Georgia.
• Emma v. DeWitt C. Armstrong, III
  473 F.2d 656· 1st Cir.· 1973-02-01 ·cited 10×
  A soldier seeking discharge must exhaust available administrative remedies within the Army before seeking habeas corpus relief, even if the soldier believes the Army's requirements are unreasonable.
• Private First Class (E-3) William Richard Meck v. Commanding Officer
  452 F.2d 758· 3d Cir.· 1971-11-22 ·cited 10×
  The court held that the district court had jurisdiction to hear the habeas corpus petition because the petitioner was physically in the district and his custodian was subject to the court's jurisdiction.
• White v. State OF Tenn.
  447 F.2d 1354· 6th Cir.· 1971-09-07 ·cited 10×
  Federal district courts lack habeas corpus jurisdiction under 28 U.S.C. § 2241(a) for petitions filed by prisoners not physically located within the court's territorial jurisdiction.
• United States ex rel. Ronald J. Sadness v. Wilkins
  312 F.2d 559· 2d Cir.· 1963-01-29 ·cited 10×
  The court held that the facts found by the district court did not establish as a matter of law that assigned counsel's representation was incompetent, despite counsel's failure to advise the defendant of the mandatory sentence consequences for a second felony offender.
• Stokes v. State
  3 So. 3d 425· Fla. 3d DCA· 2009-02-18 ·cited 9×
  The Eleventh Judicial Circuit lacked jurisdiction to consider a habeas corpus petition challenging a conviction, as only the sentencing court has jurisdiction for such claims.
• Harold R. Sheriff v. Moore
  781 So. 2d 1146· Fla. 1st DCA· 2001-03-15 ·cited 9×
• Betonie v. Captain W. G. Sizemore
  496 F.2d 1001· 5th Cir.· 1974-07-05 ·cited 9×
  The Sixth Amendment's guarantee of assistance of counsel protects enlisted military personnel brought before summary courts-martial in cases that may result in imprisonment.
• Theriault v. State OF Miss.
  390 F.2d 657· 5th Cir.· 1968-03-05 ·cited 9×
  Relief under the All Writs Statute or coram nobis is unavailable to attack a state court conviction for which the sentence has been fully served.
• Crockett v. Singletary
  723 So. 2d 911· Fla. 1st DCA· 1999-01-08 ·cited 8×
  Appellate court affirmed denial of habeas corpus petition, holding that credit for presentence prison time must be addressed in the sentencing court under Rule 3.800, not through habeas corpus.
• Myers v. United States Parole Comm'n
  813 F.2d 957· 9th Cir.· 1987-03-26 ·cited 8×
  The court affirmed the dismissal of the habeas petition, holding that federal courts lack jurisdiction to review discretionary decisions of the Parole Commission, and that the petitioner's due process claims lacked a legal basis.
• Clonce v. Presley
  640 F.2d 271· 10th Cir.· 1981-02-06 ·cited 8×
  The court held that while the petitioner was in state custody for habeas corpus purposes, his petition was properly dismissed for failure to exhaust state remedies.
• Rose v. Morris
  619 F.2d 42· 9th Cir.· 1980-05-15 ·cited 8×
  A state detainer warrant against a federal prisoner, even if parole was revoked, constitutes sufficient 'custody' to confer federal habeas corpus jurisdiction.
• Ishmail Muslin ALI (formerly Ishmael X. La Beet) v. Gibson
  572 F.2d 971· 3d Cir.· 1978-03-01 ·cited 8×
  The District Court for the Virgin Islands has jurisdiction to issue a writ of habeas corpus for a prisoner incarcerated outside its territorial limits, provided the claim is brought under Virgin Islands law and jurisdiction is established over the custodian.
• In re the Petition of Jesus Flores & Maria Gamboa Flores v. United States Immigr. & Naturalization Serv.
  524 F.2d 627· 9th Cir.· 1975-10-17 ·cited 8×
  The court held that the district court did not abuse its discretion in granting habeas corpus relief because the Immigration and Naturalization Service failed to provide reasons for denying the appellees' extension of voluntary departure.
• Huante v. Craven
  500 F.2d 1004· 9th Cir.· 1974-07-15 ·cited 8×
  A state's custody is insufficient to support federal habeas corpus jurisdiction when the petitioner has been delivered to federal immigration authorities for deportation, even if technically still on parole.
• Carney v. Secretary OF Defense
  462 F.2d 606· 1st Cir.· 1972-06-21 ·cited 8×
  The court held that the district court had jurisdiction to grant the writ of habeas corpus because the serviceman's custodian, the Secretary of the Navy, had sufficient contacts with the district through naval administrative practice.
• Braden v. 30TH Jud. Cir. Court OF the Commonwealth OF Ky.
  454 F.2d 145· 6th Cir.· 1972-01-18 ·cited 8×
  A federal district court lacks jurisdiction to issue a writ of habeas corpus for a petitioner not physically present within its territorial limits.
• Owensby v. Clark
  451 F.2d 206· 5th Cir.· 1971-11-15 ·cited 8×
  A federal prisoner seeking to challenge the legality of his sentence must first pursue remedies under 28 U.S.C. § 2255 in the sentencing court, not file a habeas corpus petition in the district of confinement.
• Whiting v. Chew
  273 F.2d 885· 4th Cir.· 1960-01-04 ·cited 8×
  The court held that the District Court lacked jurisdiction to issue a writ of habeas corpus because the petitioner was not within its territorial jurisdiction and not in the physical custody of the named defendant.
• Ellison v. United States
  263 F.2d 395· 10th Cir.· 1959-01-22 ·cited 8×
  The court held that a prisoner serving a state sentence cannot use § 2255 to challenge a federal sentence he is not yet serving.
• United States ex relator v. Dulles
  222 F.2d 390· D.C. Cir.· 1954-09-16 ·cited 8×