Habeas Corpus Petition

4,117 Florida cases classified under this topic, plus 4,089 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Lacoste v. Blackburn
  592 F.2d 1321· 5th Cir.· 1979-04-12 ·cited 2×
  The court held that the admission of hearsay testimony from an informant, despite the trial court's instructions, did not violate the petitioner's Sixth Amendment right to confrontation because the evidence was not crucial or devastating and other corroborating evidence existed.
• Thomas v. Estelle
  588 F.2d 170· 5th Cir.· 1979-01-22 ·cited 2×·via Application For Writ Of Habeas Corpus
  The court held that the claim regarding appearance in jail clothing must be remanded for a factual determination of whether an objection was properly made, as this could establish a denial of a fair trial.
• Newman v. Hornsby
  370 So. 2d 1165· Fla. 4th DCA· 1979-01-18 ·cited 2×·via Writ Of Habeas Corpus
• Williams v. State
  370 So. 2d 1164· Fla. 4th DCA· 1979-01-10 ·cited 2×
  A state prisoner challenged the constitutionality of Florida's Mandatory Conditional Release statute, arguing that early release with parole-like supervision constituted double jeopardy. The court rejected this challenge, holding that the statute does not punish twice but rather
• State ex rel. Clark A. Bailey v. Shepard
  584 F.2d 858· 8th Cir.· 1978-10-06 ·cited 2×
  The court held that the Interstate Agreement on Detainers does not preclude the use of traditional extradition procedures when no detainer has been lodged.
• Esquivel v. Estelle
  580 F.2d 814· 5th Cir.· 1978-09-22 ·cited 2×
  The court held that the district court correctly denied Esquivel's habeas corpus petition because his counsel was present at sentencing and he was adequately informed of his right to appeal.
• Showers v. State
  359 So. 2d 928· Fla. 2d DCA· 1978-06-21 ·cited 2×
  Samuel Showers was convicted of assault with intent to commit second degree murder but his appeal was never properly docketed despite filing a notice of appeal. After his appellate counsel withdrew and the appeal languished, Showers filed a habeas corpus petition alleging his rig
• Wright v. Louie L. Wainwright
  359 So. 2d 11· Fla. 1st DCA· 1978-05-18 ·cited 2×·via Writ Of Habeas Corpus
  A state prisoner petitioned for habeas corpus after prison officials forfeited his accumulated gain-time following his escape and guilty plea to escape charges, without notice or hearing. The court held that Florida law permits such forfeiture without due process protections and
• Powers v. Honorable Alan R. Schwartz
  357 So. 2d 764· Fla. 3d DCA· 1978-04-18 ·cited 2×·via Writ Of Habeas Corpus
  The court held that the petitioner was not entitled to release on bond, and the lower court did not depart from the essential requirements of law in denying her petition for writ of habeas corpus.
• Blum v. Probate Court OF Chittenden Cnty.
  575 F.2d 50· 2d Cir.· 1978-04-12 ·cited 2×
  The court held that the appellant's pleadings failed to state a constitutional claim because he received adequate notice of the Massachusetts parental termination proceedings and voluntarily failed to appear.
• Mercer v. Louie L. Wainwright
  376 So. 2d 377· Fla.· 1978-04-05 ·cited 2×·via Writ Of Habeas Corpus
• Nottingham v. Zahradnick
  573 F.2d 193· 4th Cir.· 1978-04-03 ·cited 2×
  The court held that the trial judge's declaration of a mistrial was not a manifest necessity because the first trial court had jurisdiction, and therefore, the subsequent trial violated the Double Jeopardy Clause.
• Salazar v. Hon. Jack R. Sandstrom
  355 So. 2d 145· Fla. 3d DCA· 1978-02-07 ·cited 2×·via Writ Of Habeas Corpus
  The court held that a state's courts should not inquire into the legality or constitutionality of criminal charges in the demanding state when considering extradition.
• Gardner v. Pogue
  568 F.2d 648· 9th Cir.· 1978-01-25 ·cited 2×
  The court held that the appellant's guilty plea was knowing, voluntary, and uncoerced, affirming the district court's denial of habeas corpus relief.
• Gable v. Massey
  566 F.2d 459· 5th Cir.· 1978-01-16 ·cited 2×
  The court held that the challenged clause of Florida Statute § 800.04 is not unconstitutionally vague and that the 118-day delay in sentencing did not violate the petitioner's speedy trial rights.
• Duisen v. Wyrick
  566 F.2d 616· 8th Cir.· 1977-12-06 ·cited 2×
  The court held that placing the burden of proving insanity on the defendant does not violate due process, reaffirming prior precedent.
• Reddy v. Jones
  572 F.2d 979· 4th Cir.· 1977-11-03 ·cited 2×
  The court, in dissent, argues that the denial of rehearing en banc was improper because the lower court's reasoning regarding the non-disclosure of witness inducements and exculpatory statements violated due process principles.
• Beam v. Estelle
  558 F.2d 782· 5th Cir.· 1977-09-01 ·cited 2×
  The court held that the petitioner's statement was volunteered and not elicited in violation of Miranda, thus the district court erred in granting the habeas petition.
• Marol Donna Maxon v. Estelle
  558 F.2d 306· 5th Cir.· 1977-08-29 ·cited 2×·via Writ Of Habeas Corpus
  The court held that a conflict of interest in joint representation may require an evidentiary hearing to determine ineffective assistance of counsel.
• Lewis v. Ewing Gourley
  560 F.2d 393· 8th Cir.· 1977-08-19 ·cited 2×·via Habeas Corpus Relief
  The court held that a federal habeas corpus petitioner is not entitled to a second suppression hearing if they had a full and fair opportunity to litigate their Fourth Amendment claim in state court, even if a different judge denied a subsequent motion without a hearing.
• Myron M. Amato v. Divine
  558 F.2d 364· 7th Cir.· 1977-06-28 ·cited 2×
  The court held that the Wisconsin obscenity statute, as authoritatively construed, meets constitutional standards, but the publications at issue were not obscene under federal law.
• Fla. Parole & Prob. Comm'n v. Baker
  346 So. 2d 640· Fla. 2d DCA· 1977-06-03 ·cited 2×
  The Florida Parole and Probation Commission's appeal was granted, reversing the circuit court's habeas corpus order releasing Baker, because res judicata barred the second petition on identical grounds already denied by the appellate court.
• O'Brien v. Rozman
  554 F.2d 780· 6th Cir.· 1977-05-03 ·cited 2×
  Hearsay evidence is admissible in U.S. extradition proceedings under 18 U.S.C. § 3184, and the admissibility is governed by U.S. law, not foreign law.
• Efrain Lagares Martinez v. Rodriguez
  552 F.2d 390· 1st Cir.· 1977-04-14 ·cited 2×
  A guilty plea, entered on advice of counsel, precludes federal habeas corpus relief based on antecedent constitutional infirmities in prior proceedings.
• Cialkowski v. Franzen
  545 F.2d 1155· 8th Cir.· 1976-12-20 ·cited 2×·via Application For Writ Of Habeas Corpus
  The dismissal of a direct state criminal appeal by the U.S. Supreme Court for want of a substantial federal question constitutes an actual adjudication that precludes subsequent federal habeas corpus relief, absent subsequent doctrinal developments.
• Edmonds v. Major D. C. Lewis
  546 F.2d 566· 4th Cir.· 1976-12-03 ·cited 2×
  A prisoner is entitled to an evidentiary hearing on a habeas corpus petition if they allege facts sufficient to raise issues about the voluntariness of their guilty plea and the validity of their arraignment due to alleged coercion by their appointed counsel.
• Langella v. Commissioner OF Corrections
  545 F.2d 818· 2d Cir.· 1976-11-22 ·cited 2×
  The court affirmed the denial of the habeas corpus petition, holding that the conviction for criminal contempt did not violate 18 U.S.C. § 2515 or the Fifth Amendment.
• United States ex rel. Clifford Morgan & Donald L. Allen v. Allyn R. Sielaff
  546 F.2d 218· 7th Cir.· 1976-11-22 ·cited 2×
  The court held that a representative habeas corpus action was properly maintained even if the legal issue had not been definitively adjudicated, and that the Stachulak decision requiring proof beyond a reasonable doubt for commitment under the Sexually Dangerous Persons Act shoul
• LaSalle Minniefield v. State OF Ala.
  542 F.2d 947· 5th Cir.· 1976-11-22 ·cited 2×·via Writ Of Habeas Corpus
  The court held that the trial court did not err in denying the petition for habeas corpus, as the evidence did not clearly show incompetence to stand trial.
• Nelson v. Dist. Court of the State of Iowa in & for Scott Cnty.
  543 F.2d 631· 8th Cir.· 1976-10-29 ·cited 2×
  The court held that a mistrial declared due to an irreconcilably deadlocked jury, after reasonable deliberation, does not violate the Double Jeopardy Clause, and the trial court did not abuse its discretion.
• DiCAPRIO v. Polk
  335 So. 2d 857· Fla. 4th DCA· 1976-07-30 ·cited 2×
  Petitioner held without bond on alleged probation violation must be released because the State failed to comply with the statutory requirement to hold a parole revocation hearing within ten days of arrest.
• Greenville Noble v. Black
  539 F.2d 586· 6th Cir.· 1976-07-23 ·cited 2×·via Writ Of Habeas Corpus
  The court held that the circumstances surrounding the defendant's case created sufficient doubt as to his competence to stand trial, requiring further inquiry, and affirmed the District Court's denial of habeas corpus with a reservation for the petitioner to file in state court.
• Bell v. Louie L. Wainwright
  531 F.2d 1339· 5th Cir.· 1976-05-24 ·cited 2×
  The District Court should have dismissed Bell's habeas petition without prejudice on principles of comity and federalism, allowing the state courts to first review the competency determination.
• Gregorio Espino Uribe v. United States
  529 F.2d 742· 5th Cir.· 1976-04-02 ·cited 2×·via Habeas Corpus Relief
  The court held that the petitioner's claims regarding jurisdiction, witness production, jury instructions, and effective assistance of counsel were without merit.
• Cook v. Gray
  530 F.2d 133· 7th Cir.· 1976-03-02 ·cited 2×·via Application For Writ Of Habeas Corpus
  A sentencing judge's passing reference to a belief in a defendant's perjury, which is apparent to the judge and not subsequently relied upon, does not constitute a constitutional deprivation warranting federal habeas corpus relief.
• Baker v. Louie L. Wainwright
  327 So. 2d 8· Fla.· 1976-01-28 ·cited 2×
  The Florida Supreme Court granted habeas corpus relief and ordered credit for 201 days of pretrial county jail time toward the petitioner's sentence under Florida Statutes Section 921.161.
• Jordan v. United States
  526 F.2d 349· 5th Cir.· 1976-01-22 ·cited 2×
  The court affirmed the denial of the petition to vacate a prior conviction, finding the proper venue to challenge a sentence enhanced by an invalid conviction is the court currently imposing the sentence.
• Blackwell v. Parratt
  526 F.2d 1142· 8th Cir.· 1975-11-25 ·cited 2×·via Writ Of Habeas Corpus
  The court affirmed the district court's grant of habeas corpus, finding the prisoner was not competent to stand trial.
• United States ex rel. Willie Watson v. Housewright
  528 F.2d 259· 7th Cir.· 1975-11-25 ·cited 2×
  The court held that the district court correctly applied retroactivity standards to deny relief for convictions predating the Supreme Court's sex-based equal protection rulings and correctly upheld a conviction occurring after the statutory amendment.
• Efthimois Narlidis v. Omer G. Sewell
  524 F.2d 371· 9th Cir.· 1975-10-22 ·cited 2×·via Writ Of Habeas Corpus
  The court held that a Greek naval deserter could be surrendered to Greek authorities under a 1902 treaty, and that claims for asylum or status as a spouse of a US citizen were not grounds to prevent surrender.
• Thacker v. Garrison
  527 F.2d 1006· 4th Cir.· 1975-10-06 ·cited 2×
  The court held that the petitioner was not entitled to double credit for time served on a vacated sentence, as the state had already adjusted his commitment to provide credit.
• Gray v. Warden OF the Mont. State Prison
  523 F.2d 989· 9th Cir.· 1975-09-25 ·cited 2×·via Writ Of Habeas Corpus
  The court held that the Montana state court had jurisdiction to sentence the petitioner and that his claim of unconstitutional denial of bail lacked federal merit.
• Degolyer v. Louie L. Wainwright
  318 So. 2d 518· Fla. 1st DCA· 1975-09-09 ·cited 2×·via Writ Of Habeas Corpus
• Hilleary v. Wallace
  519 F.2d 786· 4th Cir.· 1975-07-09 ·cited 2×
  The court held that the warrantless search of the automobile and the admission of identification testimony were constitutional.
• Ricon v. Warden, Sam P. Garrison, Cent. Prison, Raleigh, N. C. & State of N.C.
  517 F.2d 628· 4th Cir.· 1975-05-28 ·cited 2×·via Habeas Corpus Relief
• Gregorio Sanchez Torres v. Delgado
  510 F.2d 1182· 1st Cir.· 1975-02-10 ·cited 2×
  The court held that Puerto Rico, like the states, has the authority to permit less-than-unanimous jury verdicts in felony cases.
• DeCHAMPLAIN v. Col. Hewitt E. Lovelace, Jr.
  510 F.2d 419· 8th Cir.· 1975-02-03 ·cited 2×
  The court held that the Uniform Code of Military Justice (UCMJ) procedures for pretrial confinement violate due process by not providing a neutral decision-maker, a hearing, or placing the burden of proof on the government.
• Finklea v. Estelle
  506 F.2d 438· 5th Cir.· 1975-01-13 ·cited 2×
  The court held that the petitioner's claims of suppressed evidence and ineffective assistance of counsel presented factual disputes requiring an evidentiary hearing.
• Collins v. Green
  505 F.2d 22· 5th Cir.· 1974-12-09 ·cited 2×
  The court held that the petitioner failed to present convincing evidence to rebut the presumption of correctness of the state court's factual determination that his guilty plea was voluntarily and knowingly entered with competent counsel.
• Ludlum v. Resor
  507 F.2d 398· 1st Cir.· 1974-11-27 ·cited 2×
  A district court may, in its discretion, require a petitioner to exhaust available administrative remedies, such as applying to the Army Board for Correction of Military Records, before proceeding with a habeas corpus petition.