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

• Cardenas v. Pitchess
  506 F.2d 1224· 9th Cir.· 1974-11-26 ·cited 2×·via Writ Of Habeas Corpus
  The court held that evidence seized during an inventory search of a vehicle and a search of an apartment incident to arrest were legal under federal standards applicable to habeas corpus review, even if state law might deem them illegal.
• Barney J. Baker v. State OF Ark.
  505 F.2d 750· 8th Cir.· 1974-11-19 ·cited 2×
  The court held that Arkansas Supreme Court Rule 8(d) does not violate a prisoner's constitutional right of access to the courts.
• State OF N.C. v. Smith
  501 F.2d 613· 4th Cir.· 1974-07-25 ·cited 2×
  The court held that the record lacked sufficient evidence to support the finding that the Indeterminate Sentence Committee extended the prisoner's sentence due to his successful petition for credit.
• Thomas v. Shaw
  497 F.2d 123· 5th Cir.· 1974-07-18 ·cited 2×
  The court held that the district court erred in dismissing the complaint as a habeas corpus petition without allowing for further fact development.
• State v. Gundell
  298 So. 2d 504· Fla. 1st DCA· 1974-07-09 ·cited 2×·via Writ Of Habeas Corpus
  Florida appealed the dismissal of criminal charges against Gundell for LSD sale and possession based on a speedy trial violation. The court affirmed the dismissal, reinterpreting the defendant's motion as a habeas corpus petition after finding his initial speedy trial demand prem
• Brown v. Louie L. Wainwright
  495 F.2d 559· 5th Cir.· 1974-06-07 ·cited 2×
  The court affirmed the denial of relief on the Florida speedy trial rule claim but vacated and remanded the federal speedy trial claim for failure to exhaust state remedies.
• Dames v. Louie L. Wainwright
  491 F.2d 1098· 5th Cir.· 1974-04-01 ·cited 2×·via Application For Writ Of Habeas Corpus
  The court held that the defendant's contention that he was entitled to more credit for time served was without merit, as he received the bargained-for sentence and was not punished for exercising post-conviction rights.
• Stidham v. Swenson
  506 F.2d 478· 8th Cir.· 1974-03-28 ·cited 2×
  The court held that not all material facts were adequately developed at the state court hearing, requiring an evidentiary hearing in the district court.
• Peters v. Kiff
  491 F.2d 967· 5th Cir.· 1974-03-27 ·cited 2×
  The court held that the denial of a continuance was not an abuse of discretion and that the evidence presented did not establish a prima facie case of systematic jury discrimination.
• Featherston v. United States
  491 F.2d 96· 5th Cir.· 1974-03-14 ·cited 2×
  The court held that the trial judge's voir dire questions regarding racial prejudice were sufficient to satisfy constitutional requirements, distinguishing the case from Ham v. South Carolina.
• Clyatt v. Ault
  488 F.2d 968· 5th Cir.· 1974-01-25 ·cited 2×
  The appellate court affirmed the district court's dismissal of the habeas petition, finding no clear error in the district court's factual determination that a juror did not witness the petitioner's arrest.
• Redd v. State OF La. ex rel. C. Murray Henderson
  489 F.2d 766· 5th Cir.· 1973-12-20 ·cited 2×
  The court held that the district court erred in granting habeas corpus relief on a claim not exhausted in state courts.
• Smith v. Morgan
  284 So. 2d 12· Fla. 2d DCA· 1973-10-17 ·cited 2×·via Writ Of Habeas Corpus
  Andrew Smith appealed the denial of his habeas corpus petition challenging his conviction for a municipal ordinance violation. The core issue was whether his waiver of counsel was valid under Argersinger v. Hamlin, which requires counsel in misdemeanor cases, given that the waive
• Pinkins v. Louie L. Wainwright
  283 So. 2d 577· Fla. 2d DCA· 1973-10-10 ·cited 2×
  Florida appellate court granted habeas corpus and allowed a delayed appeal where trial judge failed to advise defendant of appellate rights, but conditioned the appeal on showing it is not frivolous.
• United States ex rel. Vaughan Booker H-9095 v. Johnson
  488 F.2d 229· 3d Cir.· 1973-09-28 ·cited 2×
  The dissent argues that if a guilty plea was induced by counsel's misrepresentation of the law regarding diminished responsibility, an evidentiary hearing is mandated.
• Lemus v. Chandler
  281 So. 2d 913· Fla. 2d DCA· 1973-08-31 ·cited 2×·via Writ Of Habeas Corpus
  The court held that the trial court had jurisdiction to hear the adoption proceeding and should have done so, and that the child should remain with the appellants pending the adoption decision.
• Grizzell v. Louie L. Wainwright
  481 F.2d 405· 5th Cir.· 1973-07-06 ·cited 2×·via Habeas Corpus Relief
  The Supreme Court's decision in Mayberry v. Pennsylvania, requiring a judge reviled by a contemnor to recuse themselves from contempt proceedings, should be applied retroactively.
• Eaton v. Capps
  480 F.2d 1021· 5th Cir.· 1973-07-05 ·cited 2×
  The court held that the federal district court correctly remanded the case to the state court for re-sentencing, rather than ordering immediate discharge or re-sentencing itself.
• Weathers v. Henderson
  480 F.2d 559· 5th Cir.· 1973-05-31 ·cited 2×·via Writ Of Habeas Corpus
  A sovereign does not waive its right to custody by surrendering a prisoner to another sovereign.
• Flanagan v. Rose
  478 F.2d 222· 6th Cir.· 1973-05-22 ·cited 2×·via Writ Of Habeas Corpus
  The court held that the search warrants were invalid because the supporting affidavits did not establish probable cause, and there was no evidence of sworn testimony supplementing the affidavits.
• Eleey v. Volatile
  478 F.2d 333· 3d Cir.· 1973-05-03 ·cited 2×·via Writ Of Habeas Corpus
  When a registrant presents a prima facie case for occupational deferment, the draft board must state its reasons for denying the claim, even if the board has other information suggesting the claim is invalid.
• Richmond v. General Stanley Larson
  476 F.2d 1038· 9th Cir.· 1973-03-05 ·cited 2×
• United States ex rel. Milton Rivera v. McKENDRICK
  474 F.2d 259· 2d Cir.· 1973-02-15 ·cited 2×
  The court held that the district court's finding of no taint on the in-court identification, supported by the record, was sufficient to deny the petition for habeas corpus.
• United States ex rel. George Whitmore, Jr. v. Malcolm
  476 F.2d 363· 2d Cir.· 1973-01-22 ·cited 2×·via Writ Of Habeas Corpus
  The court vacated the district court's order denying habeas corpus and dismissed the appeal as moot, granting a petition for rehearing en banc.
• Dodge v. Johnson
  471 F.2d 1249· 6th Cir.· 1973-01-19 ·cited 2×·via Writ Of Habeas Corpus
  The court held that the appellant failed to carry his burden of proving his statements were involuntary or that he was denied his constitutional right to counsel at the preliminary examination.
• Jacobs v. The State OF Tex.
  470 F.2d 1366· 5th Cir.· 1973-01-10 ·cited 2×·via Habeas Corpus Relief
  The court held that a federal district court correctly dismissed a habeas corpus petition for failure to exhaust state remedies when a direct appeal on the underlying conviction was still pending.
• Scarpati v. Louie L. Wainwright
  469 F.2d 1154· 5th Cir.· 1972-11-28 ·cited 2×
  The court held that the new search restrictions announced in Chimel v. California do not apply retroactively to searches conducted before the decision date.
• Nolan v. The United States
  466 F.2d 522· 10th Cir.· 1972-09-11 ·cited 2×·via Habeas Corpus Relief
  The court held that a defendant claiming mental incompetence to stand trial, particularly after recent surgery and medication, must be granted an evidentiary hearing if the claim is not conclusively refuted by existing records.
• Fryer v. Ellis C. MacDOUGALL
  462 F.2d 1093· 5th Cir.· 1972-07-12 ·cited 2×
  The court held that the district court's denial of habeas corpus relief must be vacated and remanded due to the confused state of the record.
• United States ex rel. Arthur E. Martin H-4387 v. Brierley
  464 F.2d 529· 3d Cir.· 1972-06-30 ·cited 2×·via Writ Of Habeas Corpus
  The court held that the petitioner's claims of ineffective assistance of counsel, denial of confrontation, and improper appellate procedure were without merit.
• COX v. Cardwell
  464 F.2d 639· 6th Cir.· 1972-06-15 ·cited 2×
• Edwards v. Louie L. Wainwright
  461 F.2d 238· 5th Cir.· 1972-06-08 ·cited 2×
  The court held that while the district court erred in denying the appellant access to state court records, this error was harmless because the records did not support his claims.
• Shelton v. Beto
  460 F.2d 1234· 5th Cir.· 1972-05-16 ·cited 2×
  The court held that the petitioner's claims did not raise federal constitutional questions and affirmed the denial of habeas corpus relief.
• United States ex rel. Allen Rosenberg v. United States Dist. Court for E. Dist. of Pa. Appeal of Kenneth Paull
  460 F.2d 1233· 3d Cir.· 1972-05-05 ·cited 2×
  The court held that an appeal from an order denying a motion to dismiss an indictment is not final and appealable, and that petitioners out on bail awaiting trial are not in federal custody for purposes of a § 2255 habeas petition.
• Pryor v. Beto
  460 F.2d 306· 5th Cir.· 1972-05-01 ·cited 2×
  A federal habeas petition is not barred as successive if the prior petition was denied for failure to exhaust state remedies, and the petitioner has since exhausted those remedies.
• Douglas v. Nixon
  459 F.2d 325· 6th Cir.· 1972-04-27 ·cited 2×·via Application For Writ Of Habeas Corpus
  The court affirmed the district court's judgment, constrained by prior precedent.
• United States ex rel. Karl Meyer v. Weil
  458 F.2d 1068· 7th Cir.· 1972-03-28 ·cited 2×·via Writ Of Habeas Corpus
  The court held that being at large on bail does not constitute 'custody' for the purposes of a writ of habeas corpus.
• LEE v. Louie L. Wainwright
  457 F.2d 771· 5th Cir.· 1972-03-28 ·cited 2×
  The court held that while the petitioner's claim of inadequate counsel was properly rejected, the denial of a hearing on his competence to stand trial was not adequately addressed by the lower court.
• Clay v. Black
  455 F.2d 667· 6th Cir.· 1972-02-28 ·cited 2×
  The court held that the district court erred in denying the habeas corpus petition without an evidentiary hearing, as the record lacked sufficient facts to determine if constitutional rights were violated.
• United States ex rel. Charles K. Diggs v. Commonwealth of Pa.
  457 F.2d 933· 3d Cir.· 1972-02-25 ·cited 2×
  The court held that the appellant's contentions regarding infirmities in his juvenile court proceedings were without merit.
• Strode v. State OF Miss.
  456 F.2d 1295· 5th Cir.· 1972-02-24 ·cited 2×·via Writ Of Habeas Corpus
  The court held that despite vacating the certificate of probable cause, it would reach the merits of the appeal in the interest of judicial administration.
• Golden v. Henderson
  456 F.2d 376· 5th Cir.· 1972-02-24 ·cited 2×
  The court held that the district court's denial of the habeas petition was proper, as the guilty plea was voluntarily and intelligently entered under pre-Boykin standards.
• Blaylock v. Fitzharris
  455 F.2d 462· 9th Cir.· 1972-02-17 ·cited 2×
  The court held that the petitioner's statements did not demonstrate a knowing and understanding bypass of state court remedies, and thus an evidentiary hearing on the deliberate bypass issue was required.
• LeMOINE v. Ailes
  261 So. 2d 573· Fla. 1st DCA· 1972-02-08 ·cited 2×·via Habeas Corpus Proceedings
  A mother sought habeas corpus relief to recover custody of her minor son from her parents, who were withholding the child in violation of a 1966 divorce decree awarding custody to the mother. The court upheld the mother's right to custody, finding her to be a fit and proper perso
• Ruchell MaGEE v. Nelson
  455 F.2d 275· 9th Cir.· 1972-02-07 ·cited 2×·via Writ Of Habeas Corpus
  The court held that the petitioner's claims of inaccurate transcripts, mistreatment during trial, and perjured testimony did not demonstrate prejudice sufficient to warrant habeas corpus relief.
• Siwakowski v. Beto
  455 F.2d 915· 5th Cir.· 1972-02-04 ·cited 2×
  The court held that the district court did not err in denying habeas corpus relief, as the appellant's claims of constitutional violations were without merit.
• Terry v. Superintendent OF Field Unit #9
  454 F.2d 591· 4th Cir.· 1972-01-10 ·cited 2×
  The court held that the increased sentence imposed by a jury after a trial de novo, without stated reasons, violates North Carolina v. Pearce.
• Earp v. Hoyt C. Cupp
  453 F.2d 378· 9th Cir.· 1972-01-10 ·cited 2×
  The court held that the petitioner's admissions were voluntary and made in accordance with his rights, and that the Oregon statute regarding the burden of proving insanity is constitutional.
• Tate v. Warden J. D. Henderson
  453 F.2d 358· 5th Cir.· 1971-12-30 ·cited 2×
  The court held that a prisoner's challenge to the Parole Board's refusal to consider him for parole due to a prior narcotic addiction, based on statutory certification requirements, is properly brought as a habeas corpus petition, not a motion to vacate sentence.
• Thomas v. Beto
  452 F.2d 1072· 5th Cir.· 1971-12-22 ·cited 2×·via Application For Writ Of Habeas Corpus
  The court held that the district court did not err in denying the habeas corpus writ without a hearing, as the state court's findings were supported by the record and not clearly erroneous.