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

• Isidoro Cotto Rolon v. State
  201 So. 2d 541· Fla.· 1967-07-26 ·via Writ Of Habeas Corpus
  The Florida Supreme Court addressed whether Criminal Procedure Rule I appeals must be filed within 60 or 90 days. The Court held that appeals from orders denying Rule I relief filed after June 29, 1965 must be brought within 60 days, establishing a prospective rule change that ap
• Walls v. State
  199 So. 2d 724· Fla.· 1967-05-31 ·via Writ Of Habeas Corpus
  Richard Walls petitioned for habeas corpus challenging his 1961 guilty plea conviction for breaking and entering and petit larceny. The Florida Supreme Court vacated his conviction, finding that he was denied his constitutional right to counsel without a knowing and intelligent w
• Weber v. Rivers
  376 F.2d 604· 4th Cir.· 1967-04-07 ·via Habeas Corpus Proceedings
  The court held that the District Court for the Eastern District of Virginia lacked personal jurisdiction over the District of Columbia Parole Board and should have transferred the cases to the District of Columbia Circuit.
• Earnest Peterson v. Wilson
  373 F.2d 737· 9th Cir.· 1967-02-27
  The court held that the district court erred in denying the habeas corpus petition without issuing an order to show cause, as factual issues regarding ineffective assistance of counsel and an involuntary guilty plea required further development.
• Anaya v. Rodriguez
  372 F.2d 683· 10th Cir.· 1967-02-13 ·via Writ Of Habeas Corpus
  The court held that a guilty plea entered by an attorney with the defendant's knowledge and consent, even without direct inquiry to the defendant, does not violate due process.
• McDONALD v. Kropp
  373 F.2d 549· 6th Cir.· 1967-02-07
  The District Court abused its discretion by holding an evidentiary hearing and making contrary findings of fact when the state court hearing was full, fair, and adequate.
• Petition of Leo Robert Forcella for a Writ of Habeas Corpus
  371 F.2d 37· 3d Cir.· 1967-01-17
  The court held that the defendant was denied due process due to prejudicial statements made during voir dire and his exclusion from a chambers conference.
• United States ex rel. Edward Suarez v. Hon. Harold W. Follette (successor to Hon. Edward M. Fay)
  371 F.2d 426· 2d Cir.· 1967-01-10 ·via Writ Of Habeas Corpus
  The court held that evidence obtained was not the result of illegal police conduct, even if some actions were questionable.
• Davis v. Kropp
  369 F.2d 342· 6th Cir.· 1966-12-08
  The court held that the statements made by the appellant were not involuntary confessions and did not violate his constitutional rights, and that he was not denied competent counsel.
• Sartain v. Pitchess
  368 F.2d 806· 9th Cir.· 1966-11-10 ·via Writ Of Habeas Corpus
  A California parole agent has the authority to place a 'hold' on a parolee who is already in custody, as this is a preliminary measure pending investigation or prosecution.
• Walker v. Brough
  368 F.2d 349· 4th Cir.· 1966-10-19
  The court held that the grounds for releasing the appellant were too hypothetical and tenuous to sustain a charge of constitutional invalidity.
• Caudill v. Peyton
  368 F.2d 563· 4th Cir.· 1966-09-21
  The court held that the issue of whether the petitioner received a public trial must first be determined by the Virginia courts.
• Jagiello v. State
  190 So. 2d 18· Fla. 1st DCA· 1966-09-01 ·via Writ Of Habeas Corpus
  The appellate court affirmed the denial of a habeas corpus petition, clarifying that habeas corpus is not a substitute for an appeal from a denial of a Rule 1 motion, and that a prior denial of such a motion would preclude further relief via habeas corpus.
• State of Fla. ex rel. Peter J. Latino v. Buchanan
  189 So. 2d 529· Fla. 3d DCA· 1966-08-02 ·via Writ Of Habeas Corpus
  The court held that a petitioner in a habeas corpus proceeding for extradition can be called as an adverse witness by the opposing counsel.
• Bevins v. Klinger
  365 F.2d 752· 9th Cir.· 1966-07-22 ·via Habeas Corpus Proceedings
  A defendant waives the right to challenge the nature of prior convictions for habitual criminal status by admitting them, unless the objection is raised at trial.
• Johnstone v. Swenson
  363 F.2d 643· 8th Cir.· 1966-07-14
  The court held that the petitioner's due process rights were not violated by the prosecutor's reference to prior convictions during voir dire or by the use of a federal conviction for enhancement under the Missouri Habitual Criminal Act. The court also found the petitioner's conf
• Wall v. State
  189 So. 2d 365· Fla.· 1966-07-08 ·via Writ Of Habeas Corpus
  The Florida Supreme Court dismissed an appeal from a decision affirming the denial of post-conviction relief, finding the court lacked jurisdiction. The court also denied a separate petition for a writ of habeas corpus.
• Cardillo v. Olin G. Blackwell
  365 F.2d 301· 3d Cir.· 1966-07-06 ·via Writ Of Habeas Corpus
  The court held that the district court did not err in dismissing the petition for a writ of habeas corpus.
• Application of John Thomas Glazewski for a Writ of Habeas Corpus. John Thomas Glazewski
  361 F.2d 971· 3d Cir.· 1966-06-09 ·via Writ Of Habeas Corpus
  The District Court did not err in denying the petition for a writ of habeas corpus.
• Holman v. Lawhon
  362 F.2d 1· 5th Cir.· 1966-05-23
  The court held that the district court erred in granting habeas corpus relief because the petitioner failed to demonstrate that the exclusion of the witness's testimony caused prejudice or injury.
• Mink v. Kropp
  361 F.2d 323· 6th Cir.· 1966-05-17 ·via Writ Of Habeas Corpus
  The appellate court affirmed the district court's denial of the writ of habeas corpus, finding the district court's assessment of evidence was supported.
• Clark v. Crouse
  359 F.2d 785· 10th Cir.· 1966-04-26
  The court held that while state remedies may not be fully exhausted, their effectiveness must be considered, potentially entitling the petitioner to a federal evidentiary hearing.
• Carter v. State OF NEW Mexico
  358 F.2d 710· 10th Cir.· 1966-03-25 ·via Writ Of Habeas Corpus
  The court held that technical objections regarding the incorporation of the penitentiary do not raise federal constitutional issues entitling prisoners to federal habeas corpus relief.
• Sweeney v. Balkcom
  358 F.2d 415· 5th Cir.· 1966-03-22
  The court held that Georgia's statutory scheme, which grants certain public officials the right to appear before a grand jury before indictment for malfeasance in office, does not violate the Equal Protection Clause when applied to a non-official charged with robbery.
• Neal v. State
  183 So. 2d 543· Fla.· 1966-02-23 ·via Writ Of Habeas Corpus
  Petitioner sought a writ of habeas corpus, claiming a prior Florida conviction for forgery was obtained without counsel and was now extending his New Jersey imprisonment. The Florida Supreme Court found the petition without merit because the petitioner had already served his Flor
• Elester S. Roberts v. State
  188 So. 2d 302· Fla.· 1966-02-23 ·via Writ Of Habeas Corpus
  The court held that the petition for a writ of habeas corpus was without merit because no judicial confession was made or introduced against the petitioner, and he was not denied due process or counsel.
• Lovedahl v. State OF N.C.
  356 F.2d 930· 4th Cir.· 1966-02-21
  The court affirmed the dismissal of the habeas corpus petition, finding the district court's factual determination of competency was not clearly erroneous.
• Finton v. Ward Lane
  356 F.2d 850· 7th Cir.· 1966-02-14 ·via Writ Of Habeas Corpus
  The court held that the petitioner was not denied a speedy trial because the delay was not purposeful, oppressive, or vexatious, and did not prejudice his defense.
• Morris v. State OF S.C. & Ellis C. MacDougall
  356 F.2d 432· 4th Cir.· 1966-02-01
  The court held that the record was inadequate for review and remanded the cases to the District Court for further proceedings.
• Falagan v. State
  182 So. 2d 61· Fla. 1st DCA· 1966-01-25 ·via Writ Of Habeas Corpus
  Morris Morgan Falagan, an indigent defendant, appealed an order denying his motion for discharge under Florida Criminal Procedure Rule 1, filing petitions for mandamus and habeas corpus. The court affirmed the lower court's order, holding that Rule 1 proceedings do not entitle an
• In re Internal Gov't of the Dist. Court of Appeal
  181 So. 2d 363· Fla. 4th DCA· 1966-01-11 ·via Habeas Corpus Proceedings
  The Fourth District Court of Appeal of Florida adopted a rule allowing the Clerk to file and docket notices of appeal from orders on motions for relief under Criminal Procedure Rule No. 1 without requiring any fees or costs, similar to habeas corpus proceedings. This rule applies
• Sebring v. Beto
  354 F.2d 1000· 5th Cir.· 1966-01-11 ·via Writ Of Habeas Corpus
  The court held that the petitioner received effective assistance of counsel and was not denied his right to confrontation.
• United States ex rel. Robert G. Antczak v. Superintendent, Downey Veterans Admin. Hosp., N. Chicago, Ill.
  354 F.2d 635· 7th Cir.· 1965-12-29 ·via Writ Of Habeas Corpus
  The court held that a federal court lacks jurisdiction to issue a writ of habeas corpus when state remedies for challenging a commitment have not been exhausted, even if the person is held in a federal facility.
• Dykes v. State
  180 So. 2d 651· Fla.· 1965-12-08 ·via Writ Of Habeas Corpus
  The Florida Supreme Court denied a habeas corpus petition from a prisoner challenging his conviction, but without prejudice to refile based on a subsequent ruling. The prisoner claimed he did not knowingly waive his right to counsel.
• Hollis v. Beto
  352 F.2d 550· 5th Cir.· 1965-11-16 ·via Writ Of Habeas Corpus
  The court held that the district court did not err in denying the writ of habeas corpus as all of appellant's contentions were without merit.
• Nelson v. Sandritter
  351 F.2d 284· 9th Cir.· 1965-09-28 ·via Writ Of Habeas Corpus
  The court held that the petitioner's federal constitutional rights were not violated by the initial commitment or the denial of prior habeas corpus petitions, and that he had not exhausted state remedies.
• Elwood Duncan Taylor v. Louie L. Wainwright
  178 So. 2d 105· Fla.· 1965-07-14 ·via Writ Of Habeas Corpus
  Taylor petitioned for habeas corpus seeking credit for time served under void sentences toward his current sentences for unrelated offenses. The Florida Supreme Court held that time served on void sentences cannot be credited toward sentences for unrelated offenses, relying on pr
• Land v. State
  176 So. 2d 902· Fla.· 1965-06-23 ·via Writ Of Habeas Corpus
  The court held that the petitioner was represented by counsel and his petition for a writ of habeas corpus was without merit.
• Henry v. Henry
  25 Fla. Supp. 70· Dade Cty. Cir. Ct.· 1965-06-10 ·via Writ Of Habeas Corpus
  A Florida circuit court awarded permanent custody of a 4½-year-old boy to his father, Donald Holt Henry, after finding the mother, Gloria Gliekman, unfit due to her unstable lifestyle, lack of sustained interest in the child, and emotional instability. The court found the child h
• Basil Darnell v. Cameron
  348 F.2d 64· D.C. Cir.· 1965-05-28
• United States ex rel. Kenneth Rogers v. Ward Lane
  345 F.2d 357· 7th Cir.· 1965-05-05
  A jury cannot repudiate a legislative act by finding a defendant not guilty of being an habitual criminal when the facts establishing that status have been judicially determined.
• Coffee v. Louie L. Wainwright
  172 So. 2d 851· Fla. 1st DCA· 1965-03-23 ·via Habeas Corpus Proceedings
  The Florida District Court of Appeal rejected an indigent death row inmate's request for appointed counsel in a habeas corpus proceeding, holding that such collateral attacks on criminal convictions are civil in nature and thus do not trigger Sixth Amendment right-to-counsel guar
• Bell v. Anderson
  345 F.2d 99· D.C. Cir.· 1965-03-18 ·via Writ Of Habeas Corpus
  The court held that the appellant's petition for writ of habeas corpus, alleging denial of a speedy trial, was properly dismissed.
• State v. Carson
  24 Fla. Supp. 173· Duval Cty. Cir. Ct.· 1965-03-10 ·via Writ Of Habeas Corpus
  A mother was committed to jail for contempt of court by a juvenile judge for failing to notify authorities of her son's whereabouts, despite a prior verbal order to do so. The circuit court granted her habeas corpus petition, holding that the contempt was indirect rather than dir
• State v. Buchanan
  24 Fla. Supp. 200· Dade Cty. Cir. Ct.· 1965-03-08 ·via Writ Of Habeas Corpus
  The court held that the extradition papers were in order and the petitioner was subject to rendition, denying the writ of habeas corpus.
• Hodge v. Markley
  339 F.2d 1013· 7th Cir.· 1964-12-30 ·via Writ Of Habeas Corpus
  The court held that it had the power to issue a writ of habeas corpus as an incident to a pending appeal, but denied the petition.
• Cuddy v. United States
  339 F.2d 172· 9th Cir.· 1964-12-08 ·via Writ Of Habeas Corpus
  A prisoner cannot complain about receiving credit for time served on a state sentence when the federal sentence was intended to run concurrently. A habeas petition is properly dismissed if the warden is not joined as a party.
• State of Fla. ex rel. Norman Saunders v. Boyer
  166 So. 2d 694· Fla. 2d DCA· 1964-07-10 ·via Writ Of Habeas Corpus
  A sentence of hard labor for criminal contempt is unauthorized by law and void, and can be challenged via habeas corpus.
• DYE v. Maxwell
  334 F.2d 237· 6th Cir.· 1964-06-05 ·via Writ Of Habeas Corpus
  The court held that the District Court's dismissal of the habeas corpus petition should be affirmed.
• Turner v. Wainwright
  164 So. 2d 269· Fla. 2d DCA· 1964-05-22 ·via Writ Of Habeas Corpus
  Theodore Turner sought habeas corpus relief and attempted to enforce a court mandate that had allowed him to file an amended motion for relief in his criminal conviction. The trial court denied his amended motion as a successive motion, and Turner sought habeas relief. The appell