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

• United States ex rel. Clarence Mayfield v. Pate
  451 F.2d 1381· 7th Cir.· 1971-10-13 ·cited 2×
  The court held that the rule established in Pugh v. Pate, invalidating warrants obtained with affidavits signed by a fictitious name, did not apply retroactively to searches conducted before July 1, 1968, and thus affirmed the denial of the habeas corpus petition.
• Smith v. Cady
  452 F.2d 141· 7th Cir.· 1971-10-05 ·cited 2×
  The court held that the petitioner waived his right to challenge the juvenile waiver proceedings by pleading guilty in adult court with the assistance of competent counsel.
• Grover Cleveland McDANIEL v. Jones
  447 F.2d 490· 5th Cir.· 1971-08-27 ·cited 2×·via Application For Writ Of Habeas Corpus
  The court held that the dismissal of both the habeas corpus application and the civil rights action were improper and required reversal.
• Mead v. Meier
  448 F.2d 1267· 9th Cir.· 1971-08-23 ·cited 2×
  A state prisoner who has presented his ineffective assistance of counsel claim to the highest state court on direct appeal has exhausted his state remedies for federal habeas corpus purposes.
• United States ex rel. Robert Loray v. Yeager
  446 F.2d 1360· 3d Cir.· 1971-08-16 ·cited 2×
  The court held that the district court did not err in denying the habeas corpus petition, as the state record adequately supported the finding that the confession was not coerced.
• Wilwording v. Swenson
  446 F.2d 553· 8th Cir.· 1971-08-02 ·cited 2×
  The court held that a prior denial of a habeas corpus petition on the merits is controlling if the same ground is presented and the ends of justice would not be served by reaching the merits again.
• Robert L. Hunt (Alias Donald Adams) v. State OF Ga.
  445 F.2d 1228· 5th Cir.· 1971-07-21 ·cited 2×
  The court affirmed the denial of habeas corpus relief, finding that the petitioner was adequately represented by counsel and that his voluntary guilty plea waived any non-jurisdictional defects, including challenges to the grand jury composition.
• Chiaie v. Picard
  445 F.2d 804· 1st Cir.· 1971-06-23 ·cited 2×
  The court held that the defendant had not exhausted state remedies and that the Commonwealth should be allowed to provide an evidentiary hearing in its own courts.
• Kellar v. Ciccone
  442 F.2d 337· 8th Cir.· 1971-05-06 ·cited 2×
  The appeal is dismissed because the petitioner has been transferred to his committing court, rendering the appeal moot.
• Cain v. Hoyt C. Cupp
  442 F.2d 356· 9th Cir.· 1971-04-28 ·cited 2×·via Writ Of Habeas Corpus
  The court held that the prosecutor's actions, including calling a witness who invoked the Fifth Amendment and commenting on that invocation in closing arguments, denied the petitioner a fair trial.
• Dennis v. Louie L. Wainwright
  247 So. 2d 88· Fla. 2d DCA· 1971-04-21 ·cited 2×·via Writ Of Habeas Corpus
  Dennis sought habeas corpus relief after his notice of appeal was filed late due to alleged negligence by a state employee. The court referred the matter to a commissioner to determine whether Dennis was negligent and whether the state employee's actions constituted state action.
• Fretwell v. Louie L. Wainwright
  246 So. 2d 132· Fla. 4th DCA· 1971-03-26 ·cited 2×·via Writ Of Habeas Corpus
  Milton Fretwell, an indigent defendant convicted of robbery and sentenced to 40 years, was denied his right to appeal when court-appointed counsel withdrew claiming the appeal was frivolous without following the procedural safeguards required by Anders v. California. The court gr
• Little v. Rhay
  439 F.2d 765· 9th Cir.· 1971-03-24 ·cited 2×·via Writ Of Habeas Corpus
  The court held that the warrantless search was reasonable under the pre-Chimel totality of the circumstances test and affirmed the denial of habeas corpus.
• United States ex rel. Richard F. Sniffen v. Hon. Harold W. Follette
  439 F.2d 1082· 2d Cir.· 1971-03-18 ·cited 2×·via Writ Of Habeas Corpus
  The court held that the appellant failed to show the sentencing judge did not warn him of the potential consequences of a statute imposing a greater sentence for being armed.
• Escute v. Delgado
  439 F.2d 891· 1st Cir.· 1971-03-10 ·cited 2×
  The court held that the Puerto Rican Supreme Court did not err in refusing to apply Escobedo retroactively to a 1943 confession and that the interrogation was not a preliminary hearing under Coleman.
• Abner Lynch v. Henderson
  438 F.2d 977· 5th Cir.· 1971-02-17 ·cited 2×
  A coerced guilty plea cannot be the product of a free and rational choice, and allegations of such coercion state a claim for relief.
• van Sirrs v. Ciccone
  437 F.2d 884· 8th Cir.· 1971-02-10 ·cited 2×
  The Attorney General has the authority to designate a federal prison, including the Medical Center at Springfield, for the service of a convicted federal prisoner's sentence.
• Woodson v. Lou V. Brewer
  437 F.2d 1036· 8th Cir.· 1971-02-09 ·cited 2×·via Writ Of Habeas Corpus
  The court held that the appellant's guilty plea was voluntary, despite procedural irregularities, and that newly discovered evidence of another person's confession does not warrant federal habeas corpus relief.
• Dennis v. Louie L. Wainwright
  243 So. 2d 181· Fla. 2d DCA· 1971-01-22 ·cited 2×·via Writ Of Habeas Corpus
  Larry Dennis petitioned for habeas corpus after his notice of appeal was filed late, barring appellate review of his conviction. The court held that if the delay was caused by a state official's negligence rather than Dennis's own conduct, a constitutional question might arise re
• Johnson v. Beto
  436 F.2d 1063· 5th Cir.· 1971-01-05 ·cited 2×·via Application For Writ Of Habeas Corpus
  The court held that the federal district court judgment denying habeas corpus relief should be affirmed because the appellant failed to exhaust his state remedies.
• Jones v. Louie L. Wainwright
  241 So. 2d 860· Fla. 2d DCA· 1970-12-11 ·cited 2×·via Writ Of Habeas Corpus
  Jimmy Jones sought a writ of habeas corpus claiming he was denied the right to full appellate review of his second degree murder conviction, alleging the trial court failed to advise him of his appeal rights and his counsel failed to assist him by not appealing. The court denied
• Wiggins v. Smith
  434 F.2d 245· 5th Cir.· 1970-11-30 ·cited 2×
  The court held that the district court correctly denied the habeas corpus petition, affirming the state court's findings.
• Zavala v. Craven
  433 F.2d 335· 9th Cir.· 1970-11-06 ·cited 2×
  The court held that the denial of a prior federal habeas petition does not bar a successive petition if the prior denial was based on procedural defects rather than the merits, and the ends of justice require reaching the merits.
• United States ex rel. James W. Gaines v. Rundle
  435 F.2d 700· 3d Cir.· 1970-11-06 ·cited 2×·via Habeas Corpus Relief
  The court held that the District Court did not err in denying the petition for habeas corpus relief, affirming the lower court's findings on all grounds.
• Mrs. Catherine T. Pendergraft v. Cook
  433 F.2d 969· 5th Cir.· 1970-10-29 ·cited 2×
  The court held that it should refrain from deciding the constitutionality of the jury selection statute and instead remand the case to address the illegal search and seizure claim first.
• Moore v. Dutton
  432 F.2d 1281· 5th Cir.· 1970-10-22 ·cited 2×
  The court held that while the state courts provided sufficient hearings on the coerced confession and deprivation of counsel claims, a further federal evidentiary hearing was necessary on the discriminatory jury selection issue and the retroactivity of Witherspoon v. Illinois.
• State v. Purdy
  240 So. 2d 96· Fla. 3d DCA· 1970-10-13 ·cited 2×·via Writ Of Habeas Corpus
  Harvey Goodman appealed the denial of his habeas corpus petition challenging his extradition from Florida to California. The Florida appellate court affirmed the lower court's decision, finding that California's extradition demand was properly authenticated and supported by valid
• United States ex rel. Alton J. Charbonnet v. Heyd
  432 F.2d 91· 5th Cir.· 1970-10-07 ·cited 2×
  The court held that the appellant failed to demonstrate prejudice from the lack of counsel at a preliminary hearing, thus denying habeas corpus relief.
• United States ex rel. Francis Monahan v. McMANN
  432 F.2d 778· 2d Cir.· 1970-09-23 ·cited 2×·via Writ Of Habeas Corpus
  A guilty plea can only be collaterally attacked if counsel's advice was incompetent, which was not alleged here.
• Allen v. Schneckloth
  431 F.2d 635· 9th Cir.· 1970-09-16 ·cited 2×
  The court held that the district court should defer ruling on the habeas petition to allow the petitioner to present his claim regarding the denial of new counsel to the California courts.
• McFARLANE v. Colonel Guy DeYOUNG
  431 F.2d 1197· 9th Cir.· 1970-09-02 ·cited 2×
  The court held that the factual distinctions between this case and Beaty v. Kenan were de minimis, and therefore the soldier's absence without authority did not justify denial of habeas corpus relief.
• Kearns v. Field
  432 F.2d 68· 9th Cir.· 1970-07-29 ·cited 2×
  The judgment must be reversed because the state court record, crucial for determining if the guilty plea was induced by an unfulfilled promise, was not provided to the district court.
• United States ex rel. David Barber v. Commonwealth OF Pa.
  429 F.2d 518· 3d Cir.· 1970-07-27 ·cited 2×
  The court held that the appellant's claims were either procedurally barred or moot due to his own actions, and affirmed the lower court's decision.
• Norwood v. Jacobs
  430 F.2d 903· D.C. Cir.· 1970-07-24 ·cited 2×
  The court held that a person committed as a sexual psychopath cannot remain committed if they are found to be mentally ill, as the two conditions are statutorily mutually exclusive.
• United States ex rel. John Hussey v. LaVALLEE
  428 F.2d 457· 2d Cir.· 1970-06-24 ·cited 2×·via Writ Of Habeas Corpus
  A joint representation does not violate the Sixth Amendment unless specific prejudice resulting from the conflict is shown.
• Jones v. Craven
  428 F.2d 478· 9th Cir.· 1970-06-23 ·cited 2×
  A state prisoner must exhaust available state remedies before seeking federal habeas corpus relief.
• Forrest Eugene Smith v. Ward Lane
  426 F.2d 767· 7th Cir.· 1970-05-18 ·cited 2×
  The court held that a record entry showing a defendant was asked if he wanted an attorney and stated he wanted to plead guilty is insufficient to establish an intelligent waiver of counsel if it does not also show he was informed of his right to appointed counsel if indigent.
• Schildan v. Gladden
  426 F.2d 1158· 9th Cir.· 1970-05-12 ·cited 2×
  The court held that the appellant did not deliberately bypass state procedures by failing to challenge the admissibility of his confessions, as his counsel's actions were strategic to present the voluntariness issue to the jury.
• United States ex rel. John Bradley v. McMANN
  423 F.2d 656· 2d Cir.· 1970-04-03 ·cited 2×
  The court held that the appellant's claim of ineffective assistance of counsel was not supported by the record, as the alleged prejudice was not demonstrated.
• Clemmon D. Waters v. Beto
  423 F.2d 934· 5th Cir.· 1970-03-26 ·cited 2×
  The court held that the district court failed to adequately develop all material facts and circumstances, requiring a remand for further proceedings.
• Calletano Cisneros, Jr. v. Beto
  423 F.2d 201· 5th Cir.· 1970-03-16 ·cited 2×·via Habeas Corpus Proceedings
  A habeas corpus petitioner who pleads guilty does not require an evidentiary hearing if the plea was voluntary and understood.
• United States ex rel. David Preston v. The Hon. Vincent R. Mancusi
  422 F.2d 940· 2d Cir.· 1970-03-03 ·cited 2×
  A federal court need not hold an evidentiary hearing on a habeas corpus petition if it has an adequate substitute for missing state court testimony and the state court's factual determination is fairly supported by the record.
• Devers v. People OF the State OF Cal. & Lawrence F. Wilson
  422 F.2d 1263· 9th Cir.· 1970-02-06 ·cited 2×
  The court held that the district court's findings were not clearly erroneous and that the burden was on the petitioner to produce favorable evidence.
• Bocchino v. Wainwright
  231 So. 2d 238· Fla. 3d DCA· 1970-02-03 ·cited 2×·via Writ Of Habeas Corpus
  The court held that the petitioner's habeas corpus petition should be denied, and affirmed the trial court's order denying relief.
• United States ex rel. Robert T. Burke v. Mancusi
  425 F.2d 1061· 2d Cir.· 1970-01-06 ·cited 2×
  The court held that the appellant's subsequent habeas corpus petition was properly dismissed under 28 U.S.C. § 2244(b) as it did not present a new ground not previously adjudicated and the appellant had not shown justification for failing to raise the issue earlier.
• Watson v. Eyman
  419 F.2d 1375· 9th Cir.· 1969-12-01 ·cited 2×·via Habeas Corpus Proceedings
  The court held that the state failed to prove the defendant intelligently and understandingly waived his right to counsel at sentencing.
• Welton Vanhook v. Craven
  419 F.2d 1295· 9th Cir.· 1969-11-14 ·cited 2×
  The court held that subsequent Supreme Court decisions may warrant redetermination of claims previously rejected, and that the district court erred in not considering the merits of the Anders claim without the state court record.
• Lenhardt v. United States
  416 F.2d 1254· 5th Cir.· 1969-10-09 ·cited 2×
  The court held that a motion under 28 U.S.C. § 2255 is the exclusive remedy for a federal prisoner challenging his sentence in the sentencing court.
• Howard v. State
  230 So. 2d 1· Fla.· 1969-10-01 ·cited 2×·via Writ Of Habeas Corpus
  Calvin Howard petitioned for habeas corpus relief after his conviction for robbery and assault, alleging that custodial interrogation statements were admitted at trial without Miranda warnings. The Florida Supreme Court granted the writ, finding the police procedure—wherein offic
• United States ex rel. Walter Gordon v. Reincke
  415 F.2d 1126· 2d Cir.· 1969-09-18 ·cited 2×·via Writ Of Habeas Corpus
  The court held that the substitution of a charge for attempted rape for attempted robbery did not deny due process, as the new charge arose from the same occurrence and did not prejudice the defense.