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

• Betts v. State
  237 So. 2d 191· Fla. 1st DCA· 1970-06-23 ·via Writ Of Habeas Corpus
  A defendant whose timely notice of appeal was not filed due to lack of a filing fee, despite the trial court's appointment of a public defender within the appeal period, is entitled to proceed with his appeal under the doctrine that state action depriving a defendant of appellate
• Brown v. Lon Evans
  427 F.2d 1161· 5th Cir.· 1970-06-19 ·via Writ Of Habeas Corpus
  The court held that it could not grant effective relief even if the original arrest and detention were invalid, thus affirming the denial of the habeas corpus petition.
• Bain v. United States
  428 F.2d 508· 6th Cir.· 1970-06-05 ·via Habeas Corpus Proceedings
  The appellate court affirmed the district court's denial of the motion to vacate the sentence, finding the guilty plea was entered voluntarily and intelligently, and that the defendant received effective assistance of counsel.
• Jethro Bolton v. Nelson
  426 F.2d 807· 9th Cir.· 1970-05-18
  The court held that the petitioner's claims regarding his confession, ineffective counsel, and witness cross-examination did not warrant federal relief.
• United States ex rel. John Fioravanti v. Yeager
  427 F.2d 134· 3d Cir.· 1970-05-18
  A prisoner who has fully served a sentence cannot collaterally attack that sentence for lack of counsel at sentencing if no demonstrable prejudice to a current sentence exists.
• United States ex rel. Henry L. Ford v. Pate
  425 F.2d 178· 7th Cir.· 1970-05-07 ·via Writ Of Habeas Corpus
  The court held that the pretrial identification procedures were not so unnecessarily suggestive as to violate due process, and any hearsay testimony was harmless error.
• Trask v. Robbins
  421 F.2d 773· 1st Cir.· 1970-02-24
  The court held that the hospital room identification, under the totality of the circumstances, was not so unnecessarily suggestive as to violate due process, even without counsel present.
• Denson v. State
  230 So. 2d 479· Fla. 4th DCA· 1970-01-23 ·via Writ Of Habeas Corpus
  The court held that allegations of knowing use of perjured testimony and refusal to call a witness are legally insufficient to vacate a judgment under CrPR 1.850, and failure to file a direct appeal is also not grounds for such a motion.
• Henninger v. State
  230 So. 2d 149· Fla.· 1970-01-07 ·via Writ Of Habeas Corpus
  John Henninger appealed his death sentence for first-degree murder, but failed to timely file a notice of appeal within 30 days as required. Although the Florida Supreme Court granted the State's motion to dismiss the appeal for lack of jurisdiction, the Court treated the pleadin
• Maize v. Louie L. Wainwright
  421 F.2d 151· 5th Cir.· 1969-12-30
  The court held that a district judge was correct in denying a habeas petition without a hearing when the petitioner's claim of perjured testimony was based on a witness whose testimony was repeatedly recanted and re-recanted.
• Redmon v. Peyton
  420 F.2d 822· 4th Cir.· 1969-12-05 ·via Petition For Habeas Corpus Relief
  The court held that a court of record can cure jurisdictional defects in juvenile certification by conducting its own investigation and making an independent determination to try a juvenile as an adult. The district court erred in finding the 1957 burglary conviction void.
• Martin v. Page
  417 F.2d 309· 10th Cir.· 1969-10-28
  The court held that the prisoner's testimony, if credible, was legally sufficient to support federal relief based on involuntary guilty pleas.
• Louie L. Wainwright v. Parker
  226 So. 2d 876· Fla. 2d DCA· 1969-10-03 ·via Habeas Corpus Proceedings
  The Florida District Court of Appeal reversed a trial court's order requiring the State of Florida to post a $10,000 supersedeas bond in a habeas corpus appeal. The court held that circuit courts lack authority under Florida Appellate Rule 5.12 to require supersedeas bonds from t
• United States ex rel. Vincent Cerullo v. Hon. Harold W. Follette
  416 F.2d 156· 2d Cir.· 1969-10-02
  The court held that the new evidence presented at the second hearing, combined with the existing record, overwhelmingly demonstrated that the confessions were voluntary and that the lower court erred in granting the writ of habeas corpus.
• Richardson v. Louie L. Wainwright
  416 F.2d 1246· 5th Cir.· 1969-10-01
  The court held that the district court did not err in denying the petition for habeas corpus relief.
• Ladd v. State OF S.C.
  415 F.2d 870· 4th Cir.· 1969-09-24
  The court held that an improper contact with a juror, even if presumptively prejudicial, did not require a new trial when the contact was favorable to the defendant and the trial judge's subsequent instructions were proper and did not cause prejudice.
• Ginter v. Wilson
  416 F.2d 1248· 9th Cir.· 1969-09-18
  The court held that the trial court's findings were not clearly erroneous and affirmed the denial of habeas corpus relief.
• Weston v. Henderson
  415 F.2d 343· 6th Cir.· 1969-09-12 ·via Writ Of Habeas Corpus
  A guilty plea entered without counsel violates the Sixth Amendment right to counsel, and the Gideon v. Wainwright decision applies retroactively.
• Murry Porter v. Wingate M. White
  412 F.2d 228· 5th Cir.· 1969-07-16
  The court held that the district court did not err in denying the petition for habeas corpus relief.
• Dickerson v. State OF Ala.
  412 F.2d 1183· 5th Cir.· 1969-06-25
  The court held that the district court was justified in denying the habeas corpus petition without an evidentiary hearing, as the state court provided a full and fair hearing with sufficient evidence.
• Walker v. Wheeler
  411 F.2d 468· 6th Cir.· 1969-05-27 ·via Writ Of Habeas Corpus
  The court held that the district court erred in denying habeas corpus relief based on concurrent sentences, as a subsequent Supreme Court decision overruled the precedent relied upon.
• Miller v. J. E. "Bill" Decker
  411 F.2d 302· 5th Cir.· 1969-05-02 ·via Application For Writ Of Habeas Corpus
  A state may enact legislation permitting the extradition of a person not physically present in the demanding state at the time of the alleged offense, as federal constitutional and statutory provisions are not exclusive and do not impliedly prohibit such state action.
• Marchese v. United States
  411 F.2d 410· 9th Cir.· 1969-04-23 ·via Writ Of Habeas Corpus
  The court held that the Supreme Court's decision in Katz v. United States should not be applied retroactively to the appellant's case.
• Earnest Hall v. Louie L. Wainwright
  221 So. 2d 211· Fla. 1st DCA· 1969-04-03
  This case involves a petition for a writ of habeas corpus where the petitioner claimed his court-appointed counsel refused to take an appeal and failed to inform him of his right to counsel on appeal. The court appointed a commissioner to investigate, who held a hearing. Ultimate
• Blocker v. Kramek
  33 Fla. Supp. 1· Broward Cty. Cir. Ct.· 1969-03-31 ·via Writ Of Habeas Corpus
  A Florida circuit court upheld a Maryland custody decree awarding custody of a four-year-old daughter to her father after the mother filed to modify the decree. The court found that the father was the more fit parent and that no change in circumstances justified disturbing the Ma
• Lamoureux v. Commonwealth OF Mass.
  412 F.2d 710· 1st Cir.· 1969-03-20
  The court held that a trial judge's refusal to hear a defendant's reasons for discharging counsel mid-trial, absent a showing of prejudice outweighing disruption, is not an abuse of discretion.
• Leoncio Pagan Cancel v. Delgado
  408 F.2d 1018· 1st Cir.· 1969-03-20
  The court held that the petitioner's prior conviction was not subject to collateral attack based on the cited Supreme Court precedents, as the preliminary hearing was not a critical stage requiring counsel.
• LeMAY v. Henderson
  407 F.2d 494· 6th Cir.· 1969-03-05 ·via Writ Of Habeas Corpus
  The court held that the district court's finding of no coercion was supported by substantial evidence and not clearly erroneous. Furthermore, errors in a collateral proceeding do not rise to constitutional proportions.
• Silver v. Dunbar
  407 F.2d 1182· 9th Cir.· 1969-01-31 ·via Writ Of Habeas Corpus
  The appellate court affirmed the district court's denial of the habeas corpus petition, finding no abuse of discretion or error in the lower court's proceedings.
• Alred v. Henderson
  406 F.2d 743· 6th Cir.· 1969-01-28 ·via Writ Of Habeas Corpus
  The court held that the guilty plea was voluntarily entered and affirmed the denial of the habeas corpus petition.
• Janovic v. Eyman
  406 F.2d 314· 9th Cir.· 1969-01-16 ·via Writ Of Habeas Corpus
  The court held that the district court's findings were not erroneous and that the appellant was not deprived of his constitutional rights, affirming the denial of his petition for a writ of habeas corpus.
• Willian Richard Eagen v. Hale
  404 F.2d 350· 5th Cir.· 1968-12-18 ·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.
• Breamfield v. State
  215 So. 2d 731· Fla.· 1968-11-20 ·via Writ Of Habeas Corpus
  The Florida Supreme Court discharged a writ of habeas corpus, finding that the petitioner was attempting to re-litigate a previously denied challenge to a 1954 conviction and sentence. The court noted that the petitioner was currently serving a different, longer sentence and that
• Vasco Carrier v. Beto
  402 F.2d 294· 5th Cir.· 1968-10-23 ·via Writ Of Habeas Corpus
  The court held that the appellant's federally protected rights were not denied in the state proceedings or the federal district court.
• Ostrowski v. Burke
  402 F.2d 377· 7th Cir.· 1968-10-18 ·via Writ Of Habeas Corpus
  The court held that the district court correctly denied the writ of habeas corpus because the petitioner's claims regarding the arrest warrant, statutory penalty, and double punishment were without merit.
• Howard v. Hocker
  401 F.2d 502· 9th Cir.· 1968-10-01
  The court held that the appellant's claims of false testimony and prosecutorial knowledge thereof were unsupported by the record, and thus due process was not denied.
• United States ex rel. Kobert Davis v. Maroney
  400 F.2d 85· 3d Cir.· 1968-09-09 ·via Writ Of Habeas Corpus
  The judgment of the district court denying the writ of habeas corpus is affirmed because the petitioner has not exhausted his state remedies.
• Gilyard v. Yeager
  400 F.2d 832· 3d Cir.· 1968-09-04
  The court held that the District Court misapplied the retroactivity of Mapp v. Ohio and remanded for a hearing on whether the conviction was final before Mapp was decided.
• Gillespie v. Peyton
  399 F.2d 683· 4th Cir.· 1968-08-22
  A confession obtained after a suspect requested counsel but was denied an attorney and then misled about the cost of representation is inadmissible.
• Bonnie v. Gladden
  400 F.2d 547· 9th Cir.· 1968-08-08
  The court held that the district court improperly relied on a probation report and must obtain the state trial transcript to redetermine the habeas corpus petition.
• Porter v. State
  212 So. 2d 828· Fla. 1st DCA· 1968-07-23 ·via Writ Of Habeas Corpus
  Porter sought habeas corpus relief arguing that time served on parole should count toward his 20-year sentence. The Florida District Court of Appeal affirmed that under Florida law, parole time cannot be credited toward a criminal sentence, rejecting Porter's argument that federa
• United States ex rel. Ramon Rivera v. Follette
  395 F.2d 450· 2d Cir.· 1968-05-16
  The court held that the state court's denial of the appellant's motion to withdraw his guilty plea was not erroneous, and thus the federal court was not required to hold an evidentiary hearing on his habeas corpus petition.
• Anders v. Eyman
  388 F.2d 550· 9th Cir.· 1968-01-05 ·via Habeas Corpus Relief
  The court held that federal habeas corpus relief is not available when state prisoners have not first attempted to seek post-conviction relief in state courts.
• United States ex rel. Charles R. FOX v. Maroney
  385 F.2d 839· 3d Cir.· 1967-11-08 ·via Writ Of Habeas Corpus
  The court held that while the district court erred in admitting a state judge's letter after the hearing, the petitioner's claims were ultimately without merit upon independent review.
• Rocke Durham v. Lenox Williams
  202 So. 2d 856· Fla. 1st DCA· 1967-10-05 ·via Writ Of Habeas Corpus
  This case involves a juvenile detained without lawful authority due to the Juvenile Court's failure to comply with statutory hearing requirements. The appellate court granted a writ of habeas corpus, vacating the commitment order and ordering the juvenile's release.
• Shear v. Otto C. Boles
  391 F.2d 609· 4th Cir.· 1967-10-05
  The court held that increasing a prisoner's sentence after a retrial violates constitutional guarantees.
• Ward v. State
  202 So. 2d 845· Fla.· 1967-10-04 ·via Writ Of Habeas Corpus
  The Florida Supreme Court discharged a writ of habeas corpus, denying a prisoner's request for release. The court found that the prisoner's attorney was properly notified of the denial of a motion to vacate sentence, and the prisoner himself was aware of the appeal period, yet no
• Honorable George E. Leppig v. Green
  201 So. 2d 803· Fla. 3d DCA· 1967-08-15 ·via Writ Of Habeas Corpus
  The Florida District Court of Appeal affirmed a circuit court's decision to discharge a petitioner from custody via habeas corpus. The circuit court had found that the informations charging the petitioner with offenses were void for failing to charge any crime under Florida law.
• Jarvis v. United States
  381 F.2d 712· 9th Cir.· 1967-08-08 ·via Habeas Corpus Relief
  The court held that the defendant voluntarily waived his right to appeal, and therefore, claims of trial error are not grounds for relief under 28 U.S.C. § 2255.
• Beauchamp v. State
  201 So. 2d 582· Fla. 1st DCA· 1967-08-01 ·via Writ Of Habeas Corpus
  The appellate court dismissed a motion to vacate judgment and sentence filed directly with it for lack of jurisdiction and denied a habeas corpus petition, affirming the lower court's judgment. The court found no reversible error in the appeal.