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

• Bennie Earnest Wilson v. Beto
  415 F.2d 774· 5th Cir.· 1969-08-19 ·cited 2×·via Writ Of Habeas Corpus
• United States ex rel. Frederick Caster v. The Hon. Vincent R. Mancusi
  414 F.2d 743· 2d Cir.· 1969-08-05 ·cited 2×
  The court held that the federal district court did not err in denying a habeas corpus petition without a hearing, as the state court's hearing was adequate and the appellant's claims were speculative.
• Sinclair Johnson v. Lamont Smith
  414 F.2d 645· 5th Cir.· 1969-07-09 ·cited 2×·via Writ Of Habeas Corpus
  The court held that a habeas corpus petitioner's claim of coerced guilty plea due to attorney misrepresentation regarding suppressed evidence was without merit, as the attorney's advice was factually correct and the alleged misrepresentation did not constitute state action.
• Cole v. State
  413 F.2d 1046· 5th Cir.· 1969-07-02 ·cited 2×·via Habeas Corpus Relief
  The court held that a pre-Miranda confession's admissibility is determined by its voluntariness, and the absence of counsel does not per se invalidate it.
• Dovie Carl Mathis v. Nelson
  411 F.2d 1363· 9th Cir.· 1969-06-04 ·cited 2×
  The court held that the petitioner's statement was voluntary and not the product of coercion, and therefore his constitutional rights were not violated.
• State of Fla. ex rel. Charles Franklin Gibson v. Purdy
  218 So. 2d 542· Fla. 3d DCA· 1969-02-11 ·cited 2×·via Writ Of Habeas Corpus
  The appellate court affirmed the denial of the petition for a Writ of Habeas Corpus because the appellant failed to provide a sufficient record to demonstrate reversible error.
• United States ex rel. Joseph John Fournier v. Pinto
  408 F.2d 539· 3d Cir.· 1969-02-11 ·cited 2×
  The combined actions of the prosecutor and the trial judge in eliciting testimony from a witness known to intend to invoke the Fifth Amendment privilege, and then highlighting that refusal to the jury, constituted a denial of due process.
• Jones v. Baker
  406 F.2d 739· 10th Cir.· 1969-01-29 ·cited 2×
  The court held that the appointment of a part-time municipal magistrate as joint counsel for a criminal defendant did not, per se, create a conflict of interest violating federal constitutional rights.
• Williams v. United States
  407 F.2d 714· D.C. Cir.· 1969-01-15 ·cited 2×
  The court held that the district judge's stated reasons for refusing to file the petitioner's motion were satisfactory, and the petition is denied.
• United States ex rel. Billy Lee Glenn v. Pate
  406 F.2d 68· 7th Cir.· 1969-01-15 ·cited 2×·via Writ Of Habeas Corpus
  A sentence imposed under the Illinois Habitual Criminal Act without proper notice and opportunity for a hearing violates the Due Process Clause of the Fourteenth Amendment.
• United States ex rel. Frank Michael Laniewski v. Commonwealth OF Pa. & Peter Suder
  405 F.2d 883· 3d Cir.· 1969-01-15 ·cited 2×·via Writ Of Habeas Corpus
  The court held that the arrest was valid and there was no violation of the Fourth Amendment, affirming the lower court's finding of a misdemeanor committed in the officers' presence.
• United States ex rel. William Heirens v. Pate
  405 F.2d 449· 7th Cir.· 1968-12-27 ·cited 2×
  The court held that the petitioner's guilty pleas were intelligent and voluntary, and the district court did not err in denying the habeas corpus petition without an evidentiary hearing.
• United States ex rel. Emanuel Johnson, Jr. v. Rundle
  404 F.2d 42· 3d Cir.· 1968-12-03 ·cited 2×
  The court held that an arrest is lawful if based on probable cause, even if the arrest warrant was later found invalid, especially when officers reasonably believed the warrant was valid.
• Crosby v. Lamont Smith
  404 F.2d 876· 5th Cir.· 1968-11-27 ·cited 2×
  The court held that the petitioner failed to exhaust available state remedies regarding his first conviction.
• Bassett v. Dutton
  402 F.2d 263· 5th Cir.· 1968-10-21 ·cited 2×·via Writ Of Habeas Corpus
  The court held that prejudice cannot be presumed solely from the existence of pretrial publicity without proof of its influence on the trial or jury deliberations.
• Melquist v. Pate
  398 F.2d 818· 7th Cir.· 1968-07-24 ·cited 2×·via Writ Of Habeas Corpus
  The court held that the petitioner was properly arrested by DuPage County officials and their detention was legal, affirming the district court's denial of the habeas corpus petition.
• van Skike v. Beto
  398 F.2d 407· 5th Cir.· 1968-07-11 ·cited 2×
  The court held that the district court did not err in refusing to entertain a voluntariness issue for the first time on federal habeas corpus when it was not raised in state court.
• Cloud v. State OF La.
  397 F.2d 252· 5th Cir.· 1968-06-19 ·cited 2×
• Mason v. Hale
  395 F.2d 666· 5th Cir.· 1968-05-29 ·cited 2×·via Habeas Corpus Relief
  The court held that the district court erred in denying an evidentiary hearing on the appellant's habeas corpus petition.
• Fisherman v. Achuff
  392 F.2d 587· 9th Cir.· 1968-04-09 ·cited 2×
  The dissenting judge believes the majority's suggestions to the district court regarding state relief are unnecessary and potentially exceed constitutional powers.
• Becker v. Beto
  391 F.2d 904· 5th Cir.· 1968-04-08 ·cited 2×
  The court held that the appellant's claims were without merit because the cited Supreme Court decisions were not retroactive and there was no showing of constitutional violation.
• Johnson v. Louie L. Wainwright
  208 So. 2d 505· Fla. 1st DCA· 1968-03-28 ·cited 2×·via Writ Of Habeas Corpus
  Jim Johnson petitioned for a writ of habeas corpus claiming he was illegally detained and that jail time spent on parole commission warrants should have been credited toward his prison sentence. The court remanded the case, finding that while the parole revocation hearing did not
• Collins v. State
  387 F.2d 636· 5th Cir.· 1968-01-12 ·cited 2×·via Writ Of Habeas Corpus
  The court held that the district court erred in denying a habeas corpus petition without a hearing when the petition alleged facts entitling the petitioner to relief, and the state conceded those facts and a factual error by the lower court.
• Desrosiers v. State
  204 So. 2d 923· Fla. 1st DCA· 1967-12-14 ·cited 2×
  The court dismissed the direct appeal for failure to comply with appellate rules but denied the petition for writ of habeas corpus.
• Hollis Morton v. Henderson
  389 F.2d 699· 6th Cir.· 1967-10-17 ·cited 2×·via Writ Of Habeas Corpus
  The court held that the District Court did not err in denying the petition for a writ of habeas corpus, as the state courts had given full consideration to the petitioner's contentions.
• Walter v. Louie L. Wainwright
  373 F.2d 322· 5th Cir.· 1967-02-21 ·cited 2×
  The court held that a hearing should have been granted on both the petitioner's claim of a coerced confession and his claim of ineffective counsel for failure to advise him of his right to appeal.
• Faustino S. Morales v. Rodriguez
  373 F.2d 15· 10th Cir.· 1967-02-15 ·cited 2×
  The court held that the appellant failed to meet the burden of proving the state court's finding of voluntariness was erroneous, under the amended federal habeas corpus statute.
• Buchanan v. The State OF Okla.
  370 F.2d 199· 10th Cir.· 1966-12-19 ·cited 2×
  The court held that the appellant was not deprived of his constitutional right to appeal because his retained counsel represented him when the appeal deadline expired and beyond, and the state courts' interpretation of appeal statutes was consistent.
• Wright v. Gibson
  367 F.2d 390· 5th Cir.· 1966-10-25 ·cited 2×
  The court held that the appellant's sentence was correctly recorded as four years, not two, and therefore his habeas corpus petition was properly denied.
• Skipper v. Shovlin
  368 F.2d 954· 3d Cir.· 1966-10-21 ·cited 2×
  The court held that the district court erred in denying the petition solely on the grounds of failure to exhaust state remedies without determining if those remedies were applicable to the specific due process claims raised.
• Campfield v. State
  189 So. 2d 642· Fla. 2d DCA· 1966-08-31 ·cited 2×·via Writ Of Habeas Corpus
  Roland Campfield was convicted of robbery after trial with a co-defendant. He appealed on grounds that the trial court erred in admitting his co-defendant's confession at trial and in denying his motion for severance. The appellate court affirmed the conviction, finding no revers
• Blockyou v. Crouse
  364 F.2d 804· 10th Cir.· 1966-08-11 ·cited 2×·via Writ Of Habeas Corpus
  The court held that the failure to obtain a transcript of a prior mistrial did not deny the appellant his constitutional rights.
• Berry v. People OF the State OF Cal.
  363 F.2d 754· 9th Cir.· 1966-07-22 ·cited 2×·via Writ Of Habeas Corpus
  The court held that the denial of the writ of habeas corpus must be affirmed because the applicant failed to provide any facts to support a claim of constitutional right denial.
• Waldon v. United States
  362 F.2d 155· 7th Cir.· 1966-06-07 ·cited 2×·via Habeas Corpus Proceedings
  The court affirmed the denial of the motion to vacate the judgment, finding that the issues raised had been previously decided or waived, and that the sentence correction was favorable to the defendant.
• Shuman v. Peyton
  361 F.2d 646· 4th Cir.· 1966-05-30 ·cited 2×·via Habeas Corpus Proceedings
  The court held that the petitioner was not denied effective assistance of counsel and intelligently waived his right to a jury trial by pleading guilty.
• Allen v. Heer
  361 F.2d 481· 6th Cir.· 1966-05-20 ·cited 2×·via Writ Of Habeas Corpus
  The court held that the appellant's re-confinement was proper and no constitutional rights were denied.
• State v. Dennis
  185 So. 2d 12· Fla. 3d DCA· 1966-04-12 ·cited 2×·via Habeas Corpus Proceedings
  The court held that a minor previously adjudicated delinquent does not require a hearing within two days to justify continued detention.
• Harper v. Louie L. Wainwright
  184 So. 2d 881· Fla.· 1966-04-06 ·cited 2×·via Writ Of Habeas Corpus
  The Florida Supreme Court denied a petition for a writ of habeas corpus, finding that the petitioner's claims regarding his new trial motion and denial of appellate counsel should first be addressed by the trial court.
• Vertree v. Louie L. Wainwright
  184 So. 2d 420· Fla.· 1966-03-23 ·cited 2×·via Application For Writ Of Habeas Corpus
  The Florida Supreme Court discharged a writ of habeas corpus, allowing the petitioner to reapply for relief in the trial court. This was based on a subsequent ruling that might entitle him to an evidentiary hearing.
• Grant v. State
  183 So. 2d 596· Fla. 1st DCA· 1966-02-24 ·cited 2×·via Writ Of Habeas Corpus
  Ernest Eugene Grant challenged a Florida Department of Corrections rule denying statutory gain time to inmates in maximum security confinement. The court affirmed the denial of habeas corpus relief, finding that Grant was lawfully detained and that habeas corpus is not the proper
• Grear v. Maxwell
  355 F.2d 991· 6th Cir.· 1966-02-09 ·cited 2×·via Writ Of Habeas Corpus
  The court held that the appellant was not subjected to double jeopardy by the juvenile court proceedings and that the legality of his psychiatric commitment was irrelevant to his current habeas corpus petition.
• United States ex rel. Clarence Hamilton v. Maroney
  355 F.2d 441· 3d Cir.· 1966-01-28 ·cited 2×
  The court held that the lower court misconstrued the petitioner's filing as a petition for habeas corpus instead of a petition for removal of a state court proceeding.
• Olguin v. COX
  355 F.2d 479· 10th Cir.· 1966-01-24 ·cited 2×·via Writ Of Habeas Corpus
  The court held that defects in proceedings prior to arraignment and trial were waived absent a showing of prejudice.
• Williams v. COX
  355 F.2d 667· 10th Cir.· 1965-12-21 ·cited 2×
  The court held that the evidence supported the trial court's findings that the defendant was represented by counsel of his choice, competently waived his right to a preliminary examination, and voluntarily entered a plea of guilty to second-degree murder.
• Denver Powell v. Maxwell
  350 F.2d 353· 6th Cir.· 1965-08-31 ·cited 2×·via Writ Of Habeas Corpus
  The court held that the trial court's procedure for determining the voluntariness of the confession, consistent with Jackson v. Denno, satisfied constitutional requirements, and affirmed the denial of the habeas corpus petition.
• Foster v. United States
  345 F.2d 675· 6th Cir.· 1965-05-20 ·cited 2×·via Habeas Corpus Proceedings
  The court held that illegal arrest, detention, and sufficiency of evidence are not grounds for relief under 28 U.S.C.A. § 2255, and counsel is not constitutionally required for such collateral attacks.
• Webb v. Peyton
  345 F.2d 521· 4th Cir.· 1965-05-06 ·cited 2×
  The court held that the district court did not err in discharging the prisoner without requiring further state court proceedings due to exceptional circumstances.
• United States ex rel. Harry Baldridge v. Pate
  343 F.2d 537· 7th Cir.· 1965-04-07 ·cited 2×
  The court held that the district court's finding that counsel was appointed was insufficient to determine if petitioner was actually represented at the guilty plea.
• United States ex rel. John W. Harton v. Wilkins
  342 F.2d 529· 2d Cir.· 1965-03-10 ·cited 2×
  The court held that the revocation of probation and imposition of a jail sentence, when the petitioner was unrepresented by counsel, constituted a critical stage and rendered that specific judgment invalid for multiple offender sentencing purposes.
• Jackson v. State
  172 So. 2d 7· Fla. 1st DCA· 1965-02-23 ·cited 2×·via Writ Of Habeas Corpus
  A. C. Jackson appeals the denial of his habeas corpus petition seeking credit for time served under a void sentence in one criminal case toward his sentence in an unrelated subsequent case. The Florida appellate court affirmed the trial court's denial, holding that time served un