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

• Faught v. Cowan
  507 F.2d 273· 6th Cir.· 1974-11-25 ·via Habeas Corpus Proceedings
  The court held that the district court's finding that the petitioner was advised of his right to appeal was not clearly erroneous, and thus affirmed the dismissal of the habeas corpus petition.
• Whited v. Wolff
  506 F.2d 1239· 8th Cir.· 1974-11-22 ·via Habeas Corpus Relief
  The court held that the appellant's claims of due process deprivation were without merit, affirming the dismissal of his habeas corpus petition.
• Duncan v. State OF Ala.
  502 F.2d 571· 5th Cir.· 1974-10-10
  Time served on death row pending appeal must be credited towards the ten-year minimum for parole consideration on a subsequent life sentence.
• Wood v. Superintendent, Carolina Correctional Unit
  504 F.2d 1069· 4th Cir.· 1974-10-03
  The court held that the state courts should have the initial opportunity to rule on the applicability of Argersinger v. Hamlin to the petitioner's case, given recent Supreme Court precedent.
• Wood v. Superintendent, Carolina Correctional Unit
  504 F.2d 1068· 4th Cir.· 1974-10-03
  The court held that the petitioner's claims of prejudicial pre-trial publicity and ineffective assistance of counsel lacked merit.
• Hunter v. Louie L. Wainwright
  499 F.2d 340· 5th Cir.· 1974-08-23
  The court held that the district court erred in shifting the burden of proof regarding prejudice from the state to the appellant and in failing to consider the factual voluntariness of the guilty plea.
• Morse v. Wilson
  500 F.2d 1264· 10th Cir.· 1974-07-29
  The court held that the admission of depositions did not violate the Sixth Amendment confrontation clause, as the right was waived, and that adequate Miranda warnings were provided, thus affirming the denial of the habeas corpus petition.
• State ex rel. Richard Harris, Jr. v. Honorable James A. McCAULEY
  297 So. 2d 825· Fla.· 1974-07-17 ·via Writ Of Habeas Corpus
  The Florida Supreme Court held that an acting state attorney appointed by a circuit judge under Section 27.16 may sign felony informations even if the appointee does not meet the constitutional qualifications required for a regularly elected state attorney. The Court distinguishe
• Lockwood v. Florida Division OF Corrections
  299 So. 2d 622· Fla. 1st DCA· 1974-06-13 ·via Writ Of Habeas Corpus
  Lockwood petitioned for habeas corpus alleging he was denied a speedy trial after filing a demand under Florida rule 3.190. The court found that Lockwood never actually filed a written demand for speedy trial, had competent counsel negotiating favorable plea deals, and was now at
• Carey M. Horowitz v. Henderson
  492 F.2d 1165· 5th Cir.· 1974-04-19 ·via Writ Of Habeas Corpus
  The court held that the district court's opinion was unclear regarding whether the petitioner received ineffective assistance of counsel at the pleading stage or sentencing stage.
• McDOLE v. Louie L. Wainwright
  293 So. 2d 35· Fla.· 1974-04-10 ·via Writ Of Habeas Corpus
  The court held that the trial judge did not err in denying a sentencing mitigation hearing, as the judge had discretion and the circumstances did not warrant it.
• Ozie Washington v. Cardwell
  491 F.2d 1259· 9th Cir.· 1974-02-26 ·via Writ Of Habeas Corpus
  The district court's denial of the writ of habeas corpus is affirmed because the factual determination was supported by substantial evidence.
• Tillery v. Weitzenfeld
  490 F.2d 179· 5th Cir.· 1974-02-20 ·via Writ Of Habeas Corpus
  The court held that the district court's denial of habeas corpus relief was premature due to an incomplete record and insufficient consideration of state remedies.
• Bryant v. Ciccone
  493 F.2d 321· 8th Cir.· 1974-02-15
  The court affirmed the denial of the habeas corpus petition, holding that the regulation, as construed by the district court to allow public defenders to handle inmate mail to state courts, does not impinge on constitutional rights.
• Blackstock v. Sandstrom
  40 Fla. Supp. 131· Dade Cty. Cir. Ct.· 1974-02-06 ·via Habeas Corpus Relief
  In this habeas corpus case, a Dade County Circuit Court granted relief to an indigent petitioner who was incarcerated without counsel, proper hearing, or inquiry into his ability to pay fines and court costs imposed for traffic violations. The court found the commitment orders vi
• Morgan v. Juv. & Dom. Relations Court
  491 F.2d 456· 4th Cir.· 1974-01-29
  A petitioner is not entitled to habeas corpus relief if they are no longer imprisoned and allege no collateral consequences jeopardizing their liberty, even if denied counsel at trial.
• Chavis v. Louie L. Wainwright
  488 F.2d 1077· 5th Cir.· 1973-12-18 ·via Writ Of Habeas Corpus
  The court held that the inventory of the defendant's clothing by a police officer was a lawful safekeeping measure, not an illegal search, and therefore the heroin found was admissible.
• Mays v. State
  285 So. 2d 637· Fla. 4th DCA· 1973-11-23 ·via Writ Of Habeas Corpus
  The trial court correctly denied the motion to vacate judgment and sentence under Rule 3.850 because that rule is not the proper vehicle for seeking belated appellate review.
• McCUTCHEON v. Estelle
  483 F.2d 256· 5th Cir.· 1973-08-10
  The Court held that a prior federal conviction used for sentence enhancement remains valid for enhancement purposes even if one of its object offenses is later deemed constitutionally void, as long as the conspiracy count itself remains valid.
• Collier v. Wingo
  477 F.2d 972· 6th Cir.· 1973-05-15 ·via Habeas Corpus Relief
  The court held that a federal court must provide an evidentiary hearing if the state court did not reliably find relevant facts.
• United States ex rel. John Ford v. Henderson
  476 F.2d 939· 5th Cir.· 1973-04-18
  The court held that the appellant's guilty plea was knowingly and understandingly made and that he received effective assistance of counsel.
• Washburn v. Estelle
  476 F.2d 278· 5th Cir.· 1973-04-12 ·via Habeas Corpus Proceedings
  The court held that the appellant's claims of jury exposure to inadmissible evidence and illegal search were not federally reversible errors, lacking record support.
• Breckenridge v. Governor Preston Smith
  476 F.2d 288· 5th Cir.· 1973-04-03 ·via Writ Of Habeas Corpus
• United States ex rel. Joe McGILL v. Schubin
  475 F.2d 1257· 2d Cir.· 1973-04-02
  The court held that denying sentence credit to a conditional releasee who violates the terms of release does not violate the Double Jeopardy Clause or the Equal Protection Clause.
• Esherick v. Perini
  475 F.2d 577· 6th Cir.· 1973-03-22 ·via Writ Of Habeas Corpus
  The court held that the appellant failed to exhaust his state remedies regarding his claim of ineffective assistance of counsel.
• Roberts v. State of Fla. & Duval Cnty.
  272 So. 2d 558· Fla. 1st DCA· 1973-02-01 ·via Writ Of Habeas Corpus
  Donald James Roberts, incarcerated in a federal prison in Texas, petitioned for a writ of habeas corpus, claiming that detainers filed by Florida thwarted his parole opportunity because of pending criminal charges for uttering a worthless check and auto theft. The court denied th
• Kemp v. Louie L. Wainwright
  472 F.2d 586· 5th Cir.· 1973-01-22
  A state prisoner must exhaust available state remedies, including Rule 3.850 motions, before seeking federal habeas corpus relief, even if not currently serving the challenged sentence.
• State of Fla. ex rel. Fred Jefferson v. Purdy
  271 So. 2d 117· Fla.· 1972-12-20 ·via Writ Of Habeas Corpus
  An inmate filed for habeas corpus relief claiming his right to a belated appeal was denied when the district court dismissed his appeal for failure to file a brief and record, due to the loss of the trial transcript by county authorities. The Florida Supreme Court dismissed the p
• Sumlin v. Nelson
  471 F.2d 295· 9th Cir.· 1972-11-28 ·via Habeas Corpus Relief
  The court held that the appellant's guilty plea was valid, as incorrect legal advice was not a determinative factor in the plea bargain.
• Donnie Lee Sloan v. The State OF Tex.
  469 F.2d 677· 5th Cir.· 1972-11-28
  The appeal is dismissed as moot because the appellant's state habeas corpus petition was granted, leading to his convictions being set aside and new trials ordered.
• Haynes v. State
  269 So. 2d 14· Fla. 1st DCA· 1972-11-21 ·via Writ Of Habeas Corpus
  Charles Haynes sought a writ of habeas corpus challenging delays in obtaining trial transcripts for his criminal appeal, arguing the delay effectively thwarted his right to appellate review. The court found the habeas petition moot after the transcript was filed, but directed the
• Perkins v. Craven
  469 F.2d 659· 9th Cir.· 1972-11-15 ·via Writ Of Habeas Corpus
  The court held that the California Adult Authority had the right to refix the appellant's sentence at maximum after parole suspension because the original sentence had not yet expired.
• Sanders v. Weldon COX
  472 F.2d 1227· 6th Cir.· 1972-11-15 ·via Habeas Corpus Relief
  The court held that the petitioner's claims were properly dismissed for failure to exhaust state remedies, except for the involuntary statement issue, which was also denied.
• Jenkins v. Wingo
  471 F.2d 292· 6th Cir.· 1972-11-15 ·via Writ Of Habeas Corpus
  The court held that the district judge's finding of a voluntary guilty plea was appropriate based on the state trial court record.
• Talavera v. Louie L. Wainwright
  468 F.2d 1013· 5th Cir.· 1972-10-26
  The court held that the petitioner was denied due process by the retroactive application of a stricter severance standard and by the summary denial of his motion without an opportunity to present its merits.
• Turner v. Genung
  268 So. 2d 394· Fla. 2d DCA· 1972-10-04 ·via Writ Of Habeas Corpus
  The court granted the appellant's petition for a writ of habeas corpus concerning bail pending appeal, setting bail and directing release.
• Albitez v. Beto
  465 F.2d 954· 5th Cir.· 1972-09-13
  The court held that an affidavit for a search warrant, combining hearsay and personal knowledge, sufficiently established probable cause, and that a magistrate's assistance in preparing the affidavit did not compromise neutrality.
• United States ex rel. Joseph Calabro v. United States Marshal FOR the E. Dist. OF NEW York
  466 F.2d 1350· 2d Cir.· 1972-08-23 ·via Writ Of Habeas Corpus
  The court held that a petition for habeas corpus was properly denied when a direct appeal was pending and the petitioner had not yet been sentenced.
• Kemp v. Honorable Judge Marcellus K. Snow & State of Utah
  464 F.2d 579· 10th Cir.· 1972-08-01 ·via Writ Of Habeas Corpus
  The court held that a defendant is provided with sufficient information to intelligently accept or reject a plea bargain if they are aware of the maximum possible sentence, even if unaware of administrative particularities of sentencing.
• United States ex rel. Charles Burke v. State OF Ill.
  465 F.2d 268· 7th Cir.· 1972-07-28 ·via Writ Of Habeas Corpus
  The court held that the photographic identification and the victim's extended interaction with the officer provided a sufficient independent basis for the in-court identification, thus the denial of the habeas corpus petition was proper.
• Williams v. Hocker
  463 F.2d 234· 9th Cir.· 1972-07-03
  Federal courts lack jurisdiction to consider claims not presented to state courts, including challenges to evidence, jury instructions, and competency hearings.
• United States ex rel. Betty Burton v. Coughlin
  463 F.2d 530· 7th Cir.· 1972-06-15 ·via Writ Of Habeas Corpus
  The court held that the Illinois Juvenile Court Act provides an adequate substitute for bail, making release upon recognizance inapplicable to proceedings under the Act.
• Williams v. Folsom
  261 So. 2d 516· Fla. 1st DCA· 1972-05-09 ·via Writ Of Habeas Corpus
• Chambers v. Brierley
  459 F.2d 1020· 3d Cir.· 1972-05-08
  The court held that the appellant's claims of unfair hearings and ineffective assistance of counsel were without merit.
• Robertson v. Haynes
  459 F.2d 456· 8th Cir.· 1972-05-05
  The court held that the pretrial identification procedures used were not unconstitutional and that the defendant was afforded a full and fair evidentiary hearing in state court.
• Stern v. Matheisl
  267 So. 2d 343· Fla. 4th DCA· 1972-04-24 ·via Habeas Corpus For Child Custody
  In this child custody appeal, Catherine Stern challenged a Florida trial court's grant of a habeas corpus petition that awarded custody of the parties' minor child to Robert Matheisl based on a prior California custody order. The Fourth District Court of Appeal affirmed, holding
• Rayfield Moore v. Louie L. Wainwright
  458 F.2d 982· 5th Cir.· 1972-04-17
  The court held that the district court's denial of habeas corpus relief regarding the alleged promise about prior convictions was premature, requiring exhaustion of state remedies.
• Allen v. Perini
  458 F.2d 233· 6th Cir.· 1972-04-06
  The court held that the appellant failed to prove his guilty plea was involuntary or that his counsel's assistance was ineffective, despite potential Miranda violations.
• Miller v. The United States Army
  458 F.2d 388· 10th Cir.· 1972-03-27
  The court held that the petitioner is entitled to consideration of his conscientious objector claim on the merits, as prior precedent regarding exhaustion of military remedies is no longer controlling.
• Thompson v. Louie L. Wainwright
  453 F.2d 751· 5th Cir.· 1972-01-11 ·via Habeas Corpus Proceedings