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

• McDONOUGH v. United States
  452 F.2d 1075· 1st Cir.· 1971-12-29
  The court held that the district court erred in dismissing the habeas corpus petition for lack of jurisdiction, as the petitioner's commanding officer in New Hampshire could still be considered his custodian.
• Chapman v. Cardwell
  452 F.2d 1209· 6th Cir.· 1971-12-28 ·via Application For Writ Of Habeas Corpus
  The appellate court held that the District Court's factual findings regarding the voluntariness of the guilty plea were supported by substantial evidence and not clearly erroneous.
• United States ex rel. Larry R. Howard v. Rundle
  452 F.2d 904· 3d Cir.· 1971-12-22
  The court held that conflicting affidavits regarding a prosecutor's comment on the defendant's silence necessitate an evidentiary hearing to determine if a constitutional violation occurred.
• Robinson v. Louie L. Wainwright
  265 So. 2d 553· Fla. 2d DCA· 1971-12-16 ·via Writ Of Habeas Corpus
  Dennis Robinson petitioned for a writ of habeas corpus alleging illegal incarceration, claiming he was never informed of his right to appeal. The Florida Supreme Court found a prima facie case for relief and transferred the matter to this appellate court, which appointed a circui
• Tucker v. Beto
  451 F.2d 567· 5th Cir.· 1971-12-02 ·via Habeas Corpus Relief
  The court held that a state prisoner's petition for habeas corpus relief based on ineffective counsel and a coerced guilty plea must be denied when the prisoner fails to refute conflicting evidence regarding his alleged alibi.
• Fountain v. State
  254 So. 2d 859· Fla. 1st DCA· 1971-11-30
  The court dismissed the untimely appeal but granted the habeas corpus petition to allow full appellate review of the order denying the motion to vacate judgment and sentence.
• Colbert v. Beto
  450 F.2d 304· 5th Cir.· 1971-11-04
  The court held that the prisoner was denied effective assistance of counsel in the district court and that the case should be remanded for further proceedings.
• Baxter v. Davis
  450 F.2d 459· 1st Cir.· 1971-10-28
  The court held that while due process requires fundamentally fair parole revocation procedures, it would not extend these procedural safeguards to the petitioner's case given the undisputed factual basis for the revocation.
• Webster v. Roesel
  253 So. 2d 491· Fla. 2d DCA· 1971-10-14 ·via Writ Of Habeas Corpus
• In the Interest of T. A. F. and E. M. F.
  252 So. 2d 255· Fla. 1st DCA· 1971-09-09 ·via Writ Of Habeas Corpus
  Although the appeal was untimely filed based on the order's rendition date, the court treated it as a petition for writ of habeas corpus due to erroneous advice from the juvenile court, allowing for appellate review.
• Klein v. Cardwell
  448 F.2d 407· 6th Cir.· 1971-09-09
  The court held that Ohio's statutory and constitutional procedures for discretionary review did not arbitrarily deny the appellant access to a full review of his non-constitutional evidentiary issue.
• United States ex rel. Jose Burgos v. Follette
  448 F.2d 130· 2d Cir.· 1971-09-03
  The court held that the district court correctly denied the petition without a hearing because the record did not support claims of involuntary confession.
• Hyler v. U. S. Bd. OF Parole
  447 F.2d 957· 5th Cir.· 1971-08-30 ·via Writ Of Habeas Corpus
• Colson v. Hoyt C. Cupp
  449 F.2d 730· 9th Cir.· 1971-08-27 ·via Writ Of Habeas Corpus
  The court held that even if a jury instruction unconstitutionally shifted the burden of proof, the error was harmless given the overwhelming evidence of guilt.
• Breaux v. Henderson
  447 F.2d 466· 5th Cir.· 1971-08-24
  The court held that a state prisoner was not denied his right to a direct appeal when his retained counsel advised him against appealing and he failed to inform state officials of his intent to appeal.
• Copeland v. Sheriff Malcomb Beard & Louie L. Wainwright
  446 F.2d 1393· 5th Cir.· 1971-08-23
  The district court correctly treated the prisoner's civil rights complaint as a habeas corpus petition and denied it for failure to exhaust state remedies.
• Pvt. Melvyn S. Hall v. Brigadier General Darrie Richards
  447 F.2d 98· 9th Cir.· 1971-08-13 ·via Writ Of Habeas Corpus
  The court held that the Selective Service Board effectively reopened the appellee's classification, entitling him to a III-A deferment.
• Alesi v. Craven
  446 F.2d 742· 9th Cir.· 1971-07-21 ·via Writ Of Habeas Corpus
  The district court's findings of constitutional violations were not clearly erroneous, and its grant of a writ of habeas corpus is affirmed.
• Langlois v. Louie L. Wainwright
  445 F.2d 836· 5th Cir.· 1971-07-01
  The court held that the lower court's findings of fact were not clearly erroneous and that the state trial court provided a full and fair hearing on the voluntariness of the confession.
• Shabarekh v. City OF Miami
  443 F.2d 992· 5th Cir.· 1971-06-15 ·via Writ Of Habeas Corpus
  The appellate court held that the trial court erred in refusing to grant the City of Miami relief from a habeas corpus judgment without justification.
• Peterson v. Estelle
  446 F.2d 53· 9th Cir.· 1971-06-10 ·via Writ Of Habeas Corpus
  The court held that a conflict of interest existed between jointly represented codefendants, denying one effective counsel.
• Campos v. Baker
  442 F.2d 331· 10th Cir.· 1971-05-13
  The court held that the issue of denial of a preliminary hearing was not exhausted in state courts and thus could not be considered in federal habeas corpus. The court also found the claim of ineffective assistance of counsel to be without merit.
• United States ex rel. William Stewart v. Pate
  443 F.2d 326· 7th Cir.· 1971-05-13
  The court held that the district court did not err in finding that the petitioner was properly admonished of the mandatory consecutive nature of his sentence, despite potential ambiguities in the common law record.
• Salazar v. Sigler
  441 F.2d 834· 8th Cir.· 1971-04-16 ·via Writ Of Habeas Corpus
  The court held that the defendant did not make an intelligent and knowing waiver of counsel during his guilty plea, as the trial court failed to conduct a sufficient inquiry.
• Johnson v. Louie L. Wainwright
  441 F.2d 255· 5th Cir.· 1971-04-01
  The court held that the district court did not err in denying the petition for habeas corpus.
• Tannahill v. State OF Ariz.
  440 F.2d 555· 9th Cir.· 1971-03-29
  The appellate court affirmed the district court's order granting habeas corpus, finding the confession involuntary and counsel ineffective.
• Hawkins v. Wainwright
  245 So. 2d 865· Fla.· 1971-03-24 ·via Writ Of Habeas Corpus
  The court held that excluding a juror who stated he never believed in the death penalty and could not be a fair and impartial juror did not violate the petitioner's constitutional right to an impartial jury under Witherspoon.
• Grosso v. Resor
  439 F.2d 233· 2d Cir.· 1971-03-15
  The court held that the petitioner was not unlawfully inducted and that his father's letter did not constitute a sufficient request for discharge under Army regulations.
• United States ex rel. Bernard Rembert H-5529 v. Rundle
  438 F.2d 1183· 3d Cir.· 1971-03-09
  The court held that the relator's challenge to the denial of his habeas corpus petition was without merit.
• Kanan v. Denver Dist. Court
  438 F.2d 521· 10th Cir.· 1971-02-26
  The court held that the petitioner failed to exhaust state remedies by wilfully bypassing them, thus the district court properly denied relief.
• Cochran v. Rodriguez
  438 F.2d 926· 10th Cir.· 1971-02-26
  The court held that it was error to dismiss the habeas petition for failure to exhaust state remedies when the petitioner had already raised the same issues on direct appeal.
• Dawson v. Wainwright
  440 F.2d 1259· 5th Cir.· 1971-02-24
• Fletcher R. Williams v. Dep't OF Corr.
  438 F.2d 78· 9th Cir.· 1971-02-11 ·via Writ Of Habeas Corpus
  A state detainer remains valid even when state sentences are ordered to run concurrently with federal sentences, and the prisoner is transferred to federal custody.
• Lagge v. Estelle
  438 F.2d 524· 9th Cir.· 1971-02-11 ·via Writ Of Habeas Corpus
  The court held that the denial of the petition for a writ of habeas corpus was not constitutional error, and any potential error was harmless.
• Rice v. The Honorable John F. Chafee
  437 F.2d 883· 9th Cir.· 1971-01-27 ·via Application For Writ Of Habeas Corpus
  The court held that the district court erred in denying the application for habeas corpus or mandamus without notice or a hearing, and without considering evidence presented to it.
• Cowling v. Warden Walter E. Craven & the People of the State of Cal.
  436 F.2d 419· 9th Cir.· 1971-01-26 ·via Writ Of Habeas Corpus
  The court affirmed the district court's dismissal of the habeas corpus petition, finding it offered a better prospect for relief than the original appeal.
• Myrick v. Louie L. Wainwright
  243 So. 2d 179· Fla. 2d DCA· 1971-01-20 ·via Writ Of Habeas Corpus
  Raymond Myrick sought habeas corpus relief alleging he was unconstitutionally deprived of his right to direct appellate review because his court-appointed counsel failed to appeal and the trial court failed to advise him of his appellate rights. The court denied the petition afte
• Carthel James Rushing v. State
  241 So. 2d 873· Fla. 3d DCA· 1970-12-22 ·via Writ Of Habeas Corpus
• Willis v. Meier
  435 F.2d 852· 9th Cir.· 1970-12-07
  A federal prisoner violating parole is not subjected to double jeopardy by serving the unexpired sentence without credit for time on parole, as this is part of the original sentence.
• Jones v. State of Fla. ex rel. Nancy Jo Anne Greathouse
  241 So. 2d 432· Fla. 1st DCA· 1970-12-03
  The father appealed a habeas corpus decision returning custody of his minor child to the mother based on a prior divorce decree. The court affirmed, holding that a circuit court that issued an original custody decree retains exclusive jurisdiction to modify that order, and a subs
• United States ex rel. George C. Riley v. State of N.J.
  434 F.2d 649· 3d Cir.· 1970-12-03
  The court held that the district court did not err in denying the habeas corpus petition, as the petitioner's guilty pleas were voluntary and the indictment procedure was proper under state and federal law.
• Loar v. United States
  434 F.2d 254· 8th Cir.· 1970-11-30 ·via Writ Of Habeas Corpus
  The court held that the appellant's guilty plea was valid because the sentencing court was not required to personally explain the potential sentence under the Federal Youth Corrections Act at the time of the 1964 plea, and the McCarthy v. United States decision is not retroactive
• Wallace v. Vill. OF Manchester
  434 F.2d 241· 6th Cir.· 1970-11-18 ·via Writ Of Habeas Corpus
  The court held that the appellant's claim that the justice of the peace was disqualified does not present an extraordinary circumstance justifying a collateral attack on the conviction.
• Ruiz v. Beto
  433 F.2d 1368· 5th Cir.· 1970-11-03
  The appellate court affirmed the denial of the habeas corpus petition, finding no error in the district court's adoption of the state court's findings.
• Brown v. Lash
  432 F.2d 1129· 7th Cir.· 1970-09-30
  The court held that the facts were not adequately developed at the state coram nobis hearing, entitling the petitioner to an evidentiary hearing in federal district court on the voluntariness of his confession.
• Buchannon v. Louie L. Wainwright
  239 So. 2d 608· Fla. 4th DCA· 1970-09-23 ·via Habeas Corpus Proceedings
• Tanksley v. Warden State Penitentiary OF the State OF Colo.
  429 F.2d 1308· 10th Cir.· 1970-08-27
  The court held that the federal district court correctly dismissed the habeas petition because the petitioner had not exhausted his available state remedies.
• Williams v. State
  238 So. 2d 502· Fla. 1st DCA· 1970-08-20
  The court held that the petitioner's guilt was overwhelmingly established by the record, and no merit was found in the presented assignments of error.
• Prater v. Louie L. Wainwright
  238 So. 2d 316· Fla. 2d DCA· 1970-07-29
  The court appointed a commissioner to take testimony on whether the petitioner was wrongfully denied his right to direct appeal, following the precedent of Baggett v. Wainwright that habeas corpus may provide full appellate review when direct appeal rights are denied.
• Greenwood v. Starr
  240 So. 2d 513· Fla. 4th DCA· 1970-06-25 ·via Writ Of Habeas Corpus