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

• Markham v. Pitchess
  605 F.2d 436· 9th Cir.· 1979-08-07
  The court held that the amended extradition treaty applies to offenses committed before its effective date if the extradition proceedings commenced after the amendment's effective date.
• Wood v. State
  375 So. 2d 10· Fla. 1st DCA· 1979-07-10
• Turner v. Wyrick
  594 F.2d 1207· 8th Cir.· 1979-03-08
  The court held that the state has no obligation to investigate to identify or locate a participant in a crime if it has already disclosed all information in its possession and has no reasonable leads.
• United States ex rel. John Sullivan v. Cuyler
  593 F.2d 512· 3d Cir.· 1979-02-14
  The dissenting judge argues that the panel erred in finding a Sixth Amendment violation based on dual representation without requiring a showing of actual prejudice and without sufficient state action.
• Carlton Varnes v. Louie L. Wainwright
  365 So. 2d 453· Fla. 1st DCA· 1978-12-20
  Varnes sought habeas corpus relief to compel the clerk to docket his notice of appeal from a Rule 3.850 motion denial without payment of filing fees. The court held that Florida appellate courts have internal rules waiving fees for appeals arising from criminal convictions, and t
• Elbert R. Smith v. Louie L. Wainwright
  371 So. 2d 119· Fla. 1st DCA· 1978-11-21
  Florida appellate court affirmed summary denial of habeas corpus petition challenging revocation of gain-time credits under Fla. Stat. § 944.28(1), finding the petition's allegations too conclusory to raise constitutional questions.
• Himelstein v. Himelstein
  48 Fla. Supp. 127· Palm Beach Cty. Cir. Ct.· 1978-10-11
  The court addressed an urgent situation regarding the temporary custody of a child whose parents were divorced in Connecticut, with the father having removed the child to Florida.
• Jones v. The State OF Md. & her agents the Honorable Frank E. Cicone
  584 F.2d 663· 4th Cir.· 1978-10-04 ·via Writ Of Habeas Corpus
  The court held that the plaintiff failed to state a claim upon which relief could be granted because the amended complaint did not allege perjury or conspiracy to commit perjury by the police officers.
• Staten v. State OF Ala.
  576 F.2d 654· 5th Cir.· 1978-07-14
  The court held that the federal district court erred in granting a writ of habeas corpus because the petitioner failed to exhaust state remedies by not presenting the ineffective assistance of appellate counsel claim to a state court.
• Devold v. Blackburn
  574 F.2d 1361· 5th Cir.· 1978-06-16
  The court held that the petitioner's guilty plea was voluntary and intelligently entered, and that his counsel provided effective assistance.
• Morrison v. Jones
  565 F.2d 272· 4th Cir.· 1977-10-31
  The court held that a prisoner's claim for a speedy trial violation under the Sixth Amendment is precluded if there is no showing of prejudice and the prisoner failed to assert his right.
• McNAMARA v. Riddle
  563 F.2d 125· 4th Cir.· 1977-10-13
  The court held that a state prisoner's habeas petitions were properly dismissed because he failed to demonstrate constitutional error regarding competency or the right to self-representation.
• Bradley v. Cowan
  561 F.2d 1213· 6th Cir.· 1977-08-24 ·via Habeas Corpus Relief
  The court held that the warrantless search of the hotel room violated the Fourth Amendment, but the admission of the seized evidence was harmless error beyond a reasonable doubt due to other strong evidence of guilt.
• Mauney v. Garrison
  558 F.2d 214· 4th Cir.· 1977-06-30 ·via Petition For Habeas Corpus Relief
  A probation violation warrant issued within the probationary period may be executed after the period expires if the delay is due to serving an intervening sentence.
• Hazel v. Carlson
  557 F.2d 50· 2d Cir.· 1977-06-21
  The court held that the record was insufficient to evaluate the appellant's claims regarding his transfer and the availability of treatment.
• McDONALD v. Hon. David Headrick
  554 F.2d 253· 5th Cir.· 1977-06-20 ·via Habeas Corpus Relief
  The court held that the conviction was not totally devoid of evidentiary support, as Alabama law interprets the bribery statute to include unilateral offers to accept bribes.
• Speck v. Auger
  558 F.2d 394· 8th Cir.· 1977-06-09
  The court held that the Iowa juvenile transfer statute, as interpreted by the Iowa Supreme Court, is not unconstitutionally vague because it allows for consideration of specific factors and provides flexibility without permitting arbitrary decisions.
• Elvin Brickhouse, Jr. v. Zahradnick
  553 F.2d 340· 4th Cir.· 1977-03-28
  A defendant's waiver of a jury trial is not rendered involuntary by a subsequent judicial decision that would have altered their calculus at the time of the waiver.
• Jackson v. Hopper
  547 F.2d 260· 5th Cir.· 1977-02-16
  The court held that there was sufficient evidence for the lower court to find that the defendant knowingly, intelligently, and expressly waived his right to a jury trial.
• Roznovsky v. Estelle
  546 F.2d 1185· 5th Cir.· 1977-02-10 ·via Habeas Corpus Relief
  The court held that the trial court did not err in allowing witnesses to assert their Fifth Amendment privilege against self-incrimination, nor did prosecutorial misconduct rise to a constitutional violation.
• Davis v. State OF Ala.
  545 F.2d 460· 5th Cir.· 1977-01-14
  The court held that the denial of the motion for a continuance raised a substantial claim of ineffective assistance of counsel requiring an evidentiary hearing, but the denial of the motion for a mental examination did not violate federal constitutional rights regarding competenc
• Baker v. Wyrick
  547 F.2d 428· 8th Cir.· 1977-01-10
  The court affirmed the district court's dismissal of the habeas corpus petition, finding that the appellant had not properly exhausted state remedies for his jury selection claim.
• United States ex rel. James Ellis Foye v. State OF NEW Jersey & Ronald Groomes
  547 F.2d 217· 3d Cir.· 1977-01-05
  The court held that the district court did not err in placing the burden of proof on the habeas petitioner and that the petitioner's confession was voluntary and not tainted by any alleged Miranda violations.
• Bodeker v. Dyson
  544 F.2d 861· 5th Cir.· 1977-01-03 ·via Habeas Corpus Relief
  The court held that a claim for damages under 42 U.S.C. § 1983 for an allegedly illegal search, even if parole revocation was lawful, states a valid cause of action.
• State of Fla. ex rel. Laurel Budness v. Conness
  341 So. 2d 1007· Fla. 4th DCA· 1976-12-24 ·via Writ Of Habeas Corpus
  A Florida municipal court convicted a defendant of 48 parking violations and imposed fines. When the defendant did not pay the fines, the court held her in contempt. The defendant sought habeas corpus relief claiming the ordinance was void, but the circuit court discharged the wr
• Miles v. Warden Robert Parratt
  543 F.2d 638· 8th Cir.· 1976-11-03 ·via Writ Of Habeas Corpus
• Bud Dallas Horton, Jr. v. State OF Ala.
  540 F.2d 208· 5th Cir.· 1976-10-07 ·via Habeas Corpus Relief
  The court held that federal habeas corpus relief requires exhaustion of state remedies, and claims not presented to state courts must be dismissed without prejudice.
• Tyler v. Wyrick
  540 F.2d 921· 8th Cir.· 1976-08-09
  The court held that the petitioner's claims are frivolous, thus denying his request for appointed counsel and dismissing the appeal.
• Lewis v. Lockhart
  538 F.2d 798· 8th Cir.· 1976-07-14 ·via Habeas Corpus Relief
  The court affirmed the denial of the petition for habeas relief, finding no error in the state court proceedings.
• Charlebois v. Wainwright
  44 Fla. Supp. 187· Union Cty. Cir. Ct.· 1976-07-13
  The court held that a prisoner must be afforded a hearing to contest an escape allegation if the state entered a nolle prosequi on the escape charge.
• Ivory v. Louie L. Wainwright
  530 F.2d 1272· 5th Cir.· 1976-05-03
• Founts v. Pogue
  532 F.2d 1232· 9th Cir.· 1976-02-20
  The court should hold that petitioner did not receive adequate assistance of counsel in the state post-conviction hearing.
• United States ex rel. Mark Frasier v. Casscles
  531 F.2d 645· 2d Cir.· 1976-02-18 ·via Application For Writ Of Habeas Corpus
  The court held that the denial of youthful offender treatment did not violate due process, as the state court had discretion and no full adversary hearing was constitutionally required.
• Dinkins v. State OF Ala.
  526 F.2d 1268· 5th Cir.· 1976-02-13
  The court held that there was no arguable merit to the appeal and affirmed the district court's denial of habeas corpus relief.
• Smith v. Hogan
  525 F.2d 1198· 5th Cir.· 1976-01-15 ·via Writ Of Habeas Corpus
  The court held that the petitioner's six-year sentence for bank robbery was properly enforced as consecutive to a prior one-year sentence, and concurrent only with any parole violation sentence.
• Moffit v. Collier
  43 Fla. Supp. 157· Okeechobee Cty. Cir. Ct.· 1976-01-13
  Circuit court granted habeas corpus petition and discharged petitioners, holding that the female breast is not a sexual organ under Florida's indecent exposure statute.
• Walker v. Estelle
  525 F.2d 648· 5th Cir.· 1976-01-02
  The court affirmed the dismissal of some claims but remanded others for a determination of state remedy exhaustion.
• Dorsey v. Warden, S. Mich. State Prison
  523 F.2d 590· 6th Cir.· 1975-10-17
  The Sixth Circuit held that the petitioner's confrontation clause rights were not violated, but remanded for an evidentiary hearing on due process claims regarding an impartial judge and suppression of evidence.
• Kennedy v. Sandstrom
  43 Fla. Supp. 68· Dade Cty. Cir. Ct.· 1975-10-03 ·via Habeas Corpus Relief
  In a habeas corpus proceeding, the court found that Kennedy's two reckless driving convictions arising from a single episode violated double jeopardy protections, and that assessing court costs against an indigent defendant violated Florida law. The court vacated one reckless dri
• Autar Edward Nauton v. Craven
  521 F.2d 876· 9th Cir.· 1975-09-10
  The court held that the petitioner had sufficiently exhausted state remedies, excusing the requirement due to futility, and vacated the district court's dismissal.
• Blackmon v. Estelle
  517 F.2d 1041· 5th Cir.· 1975-08-20
  The court held that conflicting affidavits regarding the defendant's waiver of appeal rights necessitate an evidentiary hearing.
• Dewitt Addison v. Louie L. Wainwright
  316 So. 2d 603· Fla. 1st DCA· 1975-08-18 ·via Writ Of Habeas Corpus
  Dewitt Addison petitioned for habeas corpus seeking a belated appeal of his 1962 first-degree murder conviction and life sentence, arguing he was not properly advised of his right to appeal. The Florida appellate court denied the petition, holding that the right to belated appeal
• Braden v. Capps
  517 F.2d 221· 5th Cir.· 1975-08-08 ·via Writ Of Habeas Corpus
  The court held that a prisoner cannot claim denial of speedy trial for delays caused by his own actions in seeking to prevent or delay trial.
• Jenkins v. Atkins
  515 F.2d 1078· 10th Cir.· 1975-04-03
  A federal court may grant habeas corpus relief without requiring a petitioner to resubmit an issue to state courts if the issue has been previously presented and rejected, even if the state court did not fully address the merits.
• Gazil v. Heidtman
  309 So. 2d 574· Fla. 4th DCA· 1975-03-14 ·via Writ Of Habeas Corpus
  Joseph Gazil petitioned for a writ of habeas corpus challenging a contempt order from the Palm Beach County Circuit Court, claiming he was unlawfully detained for failing to comply with a support payment order. The Florida District Court of Appeal denied the petition, holding tha
• Sheptin v. State
  308 So. 2d 557· Fla. 3d DCA· 1975-02-25 ·via Writ Of Habeas Corpus
• Papaioannou v. Commanding Officer
  509 F.2d 692· 1st Cir.· 1975-01-29
  The court held that mandamus is a proper action to test the validity of an activation order, and the case should be remanded for a determination of compliance with Army Regulation 135-91.
• Willard v. Ciccone
  507 F.2d 1· 8th Cir.· 1974-12-04
  The court affirmed the district court's denial of habeas corpus relief, finding claims moot or without merit based on intervening Supreme Court decisions and prison actions.
• Brown v. Louie L. Wainwright
  303 So. 2d 689· Fla. 2d DCA· 1974-11-27 ·via Writ Of Habeas Corpus
  The court held that the writ of habeas corpus was improvidently issued because the parole revocation hearing predated the Supreme Court's decision in Gagnon v. Scarpelli, which was given only prospective application.
• Conrad v. Schlesinger
  507 F.2d 867· 9th Cir.· 1974-11-25 ·via Writ Of Habeas Corpus
  The court affirmed the district court's decision, holding that a wrongful denial of a conscientious objector application does not excuse a service member from punishment for military offenses.