Habeas Corpus Petition

4,115 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

• Flanagan v. Henderson
  496 F.2d 1274· 5th Cir.· 1974-07-12 ·cited 16×
  The court held that the federal habeas court erred in denying an evidentiary hearing, as the state court record was inadequate to resolve disputed factual issues regarding the alleged suppression of exculpatory evidence and the effectiveness of appellate counsel.
• United States ex rel. Raynard Dunn v. Casscles
  494 F.2d 397· 2d Cir.· 1974-03-25 ·cited 16×
  A guilty plea entered to avoid the risks of trial, especially when coupled with protestations of innocence, is constitutionally invalid if the sentencing judge fails to ascertain a factual basis for the plea.
• Davis v. United States
  470 F.2d 1128· 3d Cir.· 1972-12-22 ·cited 16×
  A guilty plea is valid even if the prosecutor, with the court present, asks some Rule 11 questions, as long as the defendant is personally addressed and understands the plea's nature and consequences.
• Arechiga v. State OF Tex.
  469 F.2d 646· 5th Cir.· 1972-11-24 ·cited 16×
  The court held that petitioners' claims of prosecutorial misconduct and vindictive sentencing were without merit.
• Martinez v. Turner
  461 F.2d 261· 10th Cir.· 1972-06-08 ·cited 16×
  The court held that the suggestive lineup and unlawful seizure of the coat violated federal constitutional rights, and that the admission of this evidence was not harmless error. However, the court modified the order for immediate release to allow the state an opportunity for ret
• United States ex rel. Mackey Raymond Choice v. Brierley
  460 F.2d 68· 3d Cir.· 1972-05-19 ·cited 16×
  The court held that the district court should conduct an evidentiary hearing to determine if in-court identifications were free from impermissible suggestion, given the circumstances of the conviction.
• Floyd v. Henderson
  456 F.2d 1117· 5th Cir.· 1972-03-17 ·cited 16×·via Habeas Corpus Relief
  The court held that the Attorney General has the power to designate a federal prisoner's confinement location, and transferring a prisoner for concurrent service does not waive federal jurisdiction.
• Eisentrager v. Hocker
  450 F.2d 490· 9th Cir.· 1971-10-21 ·cited 16×
  The court should vacate the dismissal order and remand for appointment of counsel.
• Biggers v. Neil
  448 F.2d 91· 6th Cir.· 1971-08-18 ·cited 16×
  The Court of Appeals affirmed the District Court's grant of habeas corpus, holding that a prior 4-4 affirmance by the Supreme Court did not preclude federal review of the due process claim and that the identification procedures were indeed violative of due process.
• Walsh v. Picard
  446 F.2d 1209· 1st Cir.· 1971-07-29 ·cited 16×
  The dissenting judge argues that due process requires an appellate court to provide reasons when increasing a sentence, as this is constitutionally compelled and prevents arbitrary action.
• Cleo Gregory v. United States
  446 F.2d 498· 5th Cir.· 1971-07-13 ·cited 16×
  The court held that the petitioner was denied his Sixth Amendment right to effective assistance of counsel on appeal due to inadequate representation by court-appointed attorneys, entitling him to an out-of-time appeal.
• Harris Percy Wynn v. Smith
  446 F.2d 341· 5th Cir.· 1971-07-12 ·cited 16×
  The court held that the appellant had not deliberately bypassed state remedies and that the district court should determine the merits of his claims regarding the right to counsel and the voluntariness of his guilty plea.
• United States ex rel. Nicholas Cardaio v. Casscles
  446 F.2d 632· 2d Cir.· 1971-06-22 ·cited 16×
  The dissenting judge would reverse and remand, arguing the search was unconstitutional.
• Wallace v. Hocker
  441 F.2d 219· 9th Cir.· 1971-04-13 ·cited 16×
  A defendant's inculpatory statements cannot be presented to a jury unless they have been found voluntary by a separate tribunal, requiring a preliminary determination by the trial judge.
• Pedicord v. Swenson
  431 F.2d 92· 8th Cir.· 1970-08-13 ·cited 16×
  The court affirmed the grant of habeas corpus relief, finding the guilty plea was not voluntary, and remanded for the state to provide a new trial or release the petitioner.
• Perry v. Crouse
  429 F.2d 1083· 10th Cir.· 1970-07-27 ·cited 16×
  The court held that Boykin v. Alabama should not be applied retroactively to a 1965 guilty plea, and that the trial court erred by dismissing the appellant's testimony as legally insufficient under state law.
• Edwards v. Swenson
  429 F.2d 1291· 8th Cir.· 1970-07-16 ·cited 16×
  The court held that a state prisoner who had his constitutional claims decided on direct appeal has exhausted state remedies and is entitled to a federal habeas corpus hearing on the merits.
• Basker v. Crouse
  426 F.2d 531· 10th Cir.· 1970-05-18 ·cited 16×
  The court held that the petitioner's claims of speedy trial denial, ineffective assistance of counsel, procedural irregularities, and a coercive jury instruction did not rise to the level of constitutional violations warranting federal habeas corpus relief.
• McDONALD v. The Sheriff OF Palm Beach Cnty.
  422 F.2d 839· 5th Cir.· 1970-02-19 ·cited 16×
  The court held that the failure to give a cautionary instruction to the jury regarding accomplice testimony was not a basis for habeas corpus relief because it did not violate the petitioner's constitutional rights.
• United States ex rel. Stanley Halprin v. Warden J. J. Parker
  418 F.2d 313· 3d Cir.· 1969-10-28 ·cited 16×
  The court held that an indigent mandatory release violator who admits the violation is not constitutionally entitled to appointed counsel at a revocation hearing, and denial of a continuance to secure witnesses was not an abuse of discretion.
• United States ex rel. LeRoy Vanderhorst v. Hon. J. Edwin LaVALLEE
  417 F.2d 411· 2d Cir.· 1969-10-10 ·cited 16×
  The court affirmed the district court's decision, holding that the petition for habeas corpus was properly before the court because the defendant did not deliberately bypass state court procedures to preserve his constitutional claim regarding an involuntary confession.
• Colosimo v. Perini
  415 F.2d 804· 6th Cir.· 1969-09-17 ·cited 16×
  A warrantless search of an automobile, conducted away from the defendant's person and remote in time or place from the arrest, is not incident to the arrest and violates the Fourth Amendment.
• United States ex rel. George M. Snyder v. Mazurkiewicz
  413 F.2d 500· 3d Cir.· 1969-07-24 ·cited 16×
  The court held that the record did not sufficiently demonstrate a knowing and intelligent waiver of the right to object to the admission of confessions, thus requiring an evidentiary hearing.
• United States ex rel. Raymond Figueroa v. McMANN
  411 F.2d 915· 2d Cir.· 1969-06-03 ·cited 16×·via Writ Of Habeas Corpus
  The court held that a federal court should dismiss a habeas corpus petition if the state forum is available to consider a materially different claim and stronger evidentiary case.
• Heyd v. Brown
  406 F.2d 346· 5th Cir.· 1969-01-13 ·cited 16×
  The court held that a federal court is not required to conduct an evidentiary hearing if the state trial court provided a full and fair hearing and the record supports the federal court's findings.
• The State OF Tex. v. Grundstrom
  404 F.2d 644· 5th Cir.· 1968-10-25 ·cited 16×·via Writ Of Habeas Corpus
  The court granted the State's motion to dismiss its appeal, declining to impose conditions on the dismissal or rule on unripe constitutional questions.
• Abernathy v. Cunningham
  393 F.2d 775· 4th Cir.· 1968-04-01 ·cited 16×
  The court held that a prisoner's confinement in maximum security and denial of certain religious publications were justified by prison discipline and security concerns.
• Dock Perry Glenn v. Ciccone
  370 F.2d 361· 8th Cir.· 1966-12-19 ·cited 16×·via Writ Of Habeas Corpus
  The court held that the district court correctly denied the writ of habeas corpus because the petitioner failed to exhaust available remedies and the issues raised were either moot or not properly before the court.
• Holman v. Caliph Washington
  364 F.2d 618· 5th Cir.· 1966-08-08 ·cited 16×
  The court held that the admission of prior trial testimony of an absent witness, without a proper predicate showing diligent search and unavailability, violated the petitioner's Sixth and Fourteenth Amendment rights. The court reversed the district court's finding regarding the c
• United States ex rel. Charles Higgins v. FAY
  364 F.2d 219· 2d Cir.· 1966-07-25 ·cited 16×
  The court held that a defendant was unconstitutionally deprived of his right to counsel when the trial court compelled him to proceed to trial without counsel after he repeatedly requested to hire a paid lawyer, without clearly explaining his right to proceed pro se.
• Sykes v. Commonwealth OF Va.
  364 F.2d 314· 4th Cir.· 1966-07-21 ·cited 16×
  A defendant's constitutional right to effective representation is not violated when a court denies a continuance if the record objectively shows counsel performed ably and effectively.
• Smart v. Balkcom
  352 F.2d 502· 5th Cir.· 1965-11-01 ·cited 16×
  The court held that the district court correctly denied the habeas corpus petition because the appellant failed to exhaust available state remedies.
• Watkins v. Morris
  179 So. 2d 348· Fla.· 1965-10-27 ·cited 16×·via Writ Of Habeas Corpus
  Watkins seeks habeas corpus release from prison after being convicted in traffic court of driving while intoxicated, reckless driving, and leaving the scene of an accident with injury. The Florida Supreme Court holds that while the traffic court lacked jurisdiction over the felon
• The State of Fla. on the relation of Rene Evans Paine, Jr. v. Paine
  166 So. 2d 708· Fla. 3d DCA· 1964-06-23 ·cited 16×·via Habeas Corpus Proceedings
  A former husband appealed an order awarding attorney's fees to his ex-wife in a habeas corpus proceeding over child custody. The court reversed, holding that statutory authority to award attorney's fees under § 65.16, Fla.Stat. applies only to proceedings enforcing alimony or chi
• Arley C. Browning v. Crouse
  327 F.2d 529· 10th Cir.· 1964-02-11 ·cited 16×
  The court held that a lawful detention under one sentence precludes inquiry into the validity of a separate habitual criminal sentence, and that a prior adverse determination on the merits of an issue bars re-examination.
• United States ex rel. Jeddy Wilkins v. William J. Banmiller, Warden E. State Penitentiary, Philadelphia, Pa
  325 F.2d 514· 3d Cir.· 1963-06-27 ·cited 16×
  The court held that the relator's claim of attorney misfeasance was not properly raised or considered by the state courts, and therefore state remedies were not exhausted.
• Edgerton v. State OF N.C.
  315 F.2d 676· 4th Cir.· 1963-03-14 ·cited 16×
  The court held that the district court erred in denying the habeas corpus petition without a plenary hearing, as the petition alleged facts not patently frivolous or false when considered against the record.
• Davis v. State OF N.C.
  310 F.2d 904· 4th Cir.· 1962-11-07 ·cited 16×
  A federal district court cannot deny a state prisoner's habeas corpus petition without a hearing if the state court record does not adequately show resolution of disputed historical facts relevant to the constitutional claim.
• Buder v. Bell
  306 F.2d 71· 6th Cir.· 1962-07-27 ·cited 16×·via Writ Of Habeas Corpus
  The appellate court held that the district court erred in granting a writ of habeas corpus, as the petitioner's claims did not rise to the level of a due process violation but were matters for direct appeal.
• Deese v. Cochran
  139 So. 2d 429· Fla.· 1962-03-28 ·cited 16×·via Writ Of Habeas Corpus
  John Deese challenges his consecutive prison sentences by habeas corpus, claiming time served on parole should credit toward his sentence or satisfy both convictions. The Florida Supreme Court holds that parole time cannot be credited against a sentence under statutory law, and t
• Amos Black v. United States
  301 F.2d 418· 10th Cir.· 1962-03-20 ·cited 16×·via Writ Of Habeas Corpus
  The court held that habeas corpus is unavailable when the remedy under 28 U.S.C.A. § 2255 is adequate and effective, and mere distance does not render the § 2255 remedy inadequate.
• Charley Spry v. Otto C. Boles
  299 F.2d 332· 4th Cir.· 1962-02-13 ·cited 16×·via Writ Of Habeas Corpus
  The court held that the failure to 'duly caution' the petitioner before imposing a life sentence under the recidivist statute rendered the sentence void, entitling him to release.
• United States ex rel. Paul Crump v. Sain
  295 F.2d 699· 7th Cir.· 1961-10-16 ·cited 16×·via Habeas Corpus Proceedings
  The court held that the district court's finding that the relator's confession was voluntary was not clearly erroneous, and thus affirmed the dismissal of the habeas corpus petition.
• Pecnik v. Blackburn
  132 So. 2d 604· Fla. 2d DCA· 1961-08-30 ·cited 16×·via Writ Of Habeas Corpus
  Albert Martin Pecnik appealed his rendition to Wisconsin on extradition charges, arguing that the Governor of Wisconsin's demand for extradition was insufficient because it failed to explicitly allege that he was present in Wisconsin at the time of the crime. The Florida District
• McGANN v. Taylor
  289 F.2d 820· 10th Cir.· 1961-04-18 ·cited 16×·via Writ Of Habeas Corpus
  A petitioner seeking habeas corpus relief must demonstrate entitlement to immediate release, and cannot attack concurrent sentences if the primary sentence is valid.
• United States ex rel. John Sadowy v. FAY
  284 F.2d 426· 2d Cir.· 1960-11-25 ·cited 16×·via Writ Of Habeas Corpus
  The exclusion of lie detector test results by the trial court, even if erroneous under state law, does not raise a federal question and does not violate due process.
• Griffith v. Rhay
  282 F.2d 711· 9th Cir.· 1960-09-12 ·cited 16×
  The reception in evidence of a signed confession obtained while the appellant was without the assistance of counsel, and had not declined such assistance, deprived him of due process of law under the Fourteenth Amendment.
• DYE v. Beryl C. Sacks
  279 F.2d 834· 6th Cir.· 1960-06-13 ·cited 16×·via Writ Of Habeas Corpus
  The court held that a petitioner seeking a writ of habeas corpus after exhausting state remedies and failing to secure certiorari cannot use habeas corpus to relitigate issues already decided adversely in state courts, especially when no substantial federal question is presented.
• United States ex rel. Cooper v. Denno
  221 F.2d 626· 2d Cir.· 1955-04-07 ·cited 16×
  The court held that the judgments of conviction were not reversible error because the lawyer-client discussions were not private and the defendants did not object when prevented from conferring in low tones.
• Freedman v. Looney
  210 F.2d 56· 10th Cir.· 1954-01-26 ·cited 16×
  The court held that the Parole Board did not abuse its discretion in revoking the petitioner's conditional release based on his conviction for a misdemeanor.