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

• Blackwell v. Wolff
  454 F.2d 48· 8th Cir.· 1972-01-24 ·cited 14×
  The court held that the federal district court should not have reached the issues of petitioner's segregation and counsel's competency without the petitioner first exhausting state remedies.
• Hooks v. 4TH Dist. Court OF Appeal
  442 F.2d 1042· 5th Cir.· 1971-05-13 ·cited 14×·via Writ Of Habeas Corpus
  The court held that an appeal from an order denying a writ of habeas corpus cannot be taken without a certificate of probable cause.
• Clarke v. Burke
  440 F.2d 853· 7th Cir.· 1971-02-10 ·cited 14×
  The court held that the district court did not err in denying habeas relief, as there was no sufficient showing that the prosecutor suppressed evidence favorable to the petitioner that was vital and material to the outcome.
• Fulford v. Smith
  432 F.2d 1225· 5th Cir.· 1970-10-30 ·cited 14×
  The court held that a state prisoner's petition for federal habeas relief, alleging suppression of evidence, was properly denied without a hearing because the prisoner had previously raised similar claims, the evidence presented did not support the allegations, and the prisoner h
• United States ex rel. Hubert Allen Bradshaw v. Alldredge
  432 F.2d 1248· 3d Cir.· 1970-10-21 ·cited 14×
  The court held that an inadequate record necessitates vacating the district court's judgment and remanding for the creation of an adequate record and determination of the issues.
• Gardner v. Louie L. Wainwright
  433 F.2d 137· 5th Cir.· 1970-10-21 ·cited 14×
  The court held that the district court correctly denied the habeas corpus petition without a hearing, as the allegations did not present a federal constitutional question.
• Chambers v. Beto
  428 F.2d 791· 5th Cir.· 1970-06-15 ·cited 14×·via Application For Writ Of Habeas Corpus
  A guilty plea entered on advice of competent counsel is not rendered involuntary by allegations of illegally seized evidence or a coerced confession.
• Callahan v. Lake F. Russell
  423 F.2d 450· 6th Cir.· 1970-03-17 ·cited 14×
  The Sixth Circuit held that the late appointment of counsel does not violate the Constitution unless it operates to the prejudice of the defendant, and remanded for specific findings on prejudice.
• United States ex rel. George Fink v. Rundle
  414 F.2d 542· 3d Cir.· 1969-06-24 ·cited 14×
  The dissenting judge would affirm the district court's denial of the habeas corpus petition, finding the relator's claims regarding his guilty plea were without merit.
• Wright v. Craven
  412 F.2d 915· 9th Cir.· 1969-06-09 ·cited 14×
  The court held that the appellant's claims of ineffective assistance of counsel and invalid waiver of jury trial rights were without merit.
• Application of W. Edward Morgan v. Underwood
  406 F.2d 1253· 5th Cir.· 1969-02-07 ·cited 14×
  The court held that the appellant's claims regarding his Army induction classification were without merit, and thus his petition for a writ of habeas corpus was properly denied.
• United States ex rel. Alfred Schnitzler v. Hon. Harold W. Follette
  406 F.2d 319· 2d Cir.· 1969-01-28 ·cited 14×
  A district court abuses its discretion by entertaining a successive habeas corpus petition that raises no new factual or legal grounds, especially when the prior petition was denied on the merits by the Court of Appeals.
• Woodbury v. Beto
  395 F.2d 189· 5th Cir.· 1968-05-14 ·cited 14×·via Writ Of Habeas Corpus
  The court held that the district court erred in dismissing the habeas corpus application without a plenary hearing and remanded for dismissal without prejudice.
• United States ex rel. Frank Sacco v. Kenton
  386 F.2d 143· 2d Cir.· 1967-11-09 ·cited 14×
  The court held that the 1966 amendment to 18 U.S.C. § 3568 was not retroactive and that the sentencing judge had properly considered pre-sentence credit.
• Weaver v. Ward Lane
  382 F.2d 251· 7th Cir.· 1967-07-27 ·cited 14×·via Writ Of Habeas Corpus
  The court held that the search of the petitioner's automobile and the seizure of blood-stained clothing were lawful, and therefore, the district court erred in granting the writ of habeas corpus.
• United States ex rel. Frank DeFORTE v. Mancusi
  379 F.2d 897· 2d Cir.· 1967-06-28 ·cited 14×·via Writ Of Habeas Corpus
  A defendant has standing to challenge the legality of a search and seizure if the search was directed at them and invaded their right to privacy, even if the property seized belonged to an organization and not the defendant personally.
• Manning v. The State OF Cal.
  378 F.2d 357· 9th Cir.· 1967-05-15 ·cited 14×·via Writ Of Habeas Corpus
  The court held that the petitioner's confession, obtained without a request for counsel, did not violate Escobedo as amplified by Miranda and Johnson, because the petitioner's trial began before the effective date of Miranda and Escobedo required a request for counsel.
• Wilson v. Bailey
  375 F.2d 663· 4th Cir.· 1967-03-22 ·cited 14×·via Application For Writ Of Habeas Corpus
  A state prisoner's knowing and intelligent decision to withdraw his appeal, even if based on counsel's advice about potential consequences, does not constitute a "deliberate bypass" of state remedies that would bar federal habeas corpus review, but failure to object at trial to i
• Vanleeward v. Rutledge
  369 F.2d 584· 5th Cir.· 1966-12-06 ·cited 14×
  The court held that the jury selection process systematically excluded Negroes, rendering the conviction void. Additionally, the confession was deemed involuntary under the totality of the circumstances.
• Butler v. Burke
  360 F.2d 118· 7th Cir.· 1966-04-15 ·cited 14×·via Writ Of Habeas Corpus
  The dissenting judge believes that Butler's ignorance of the Sexual Deviate Law provisions, and the failure to inform him, violated the fourteenth amendment's due process clause regarding his waiver of counsel and guilty plea.
• Cannon v. Willingham
  358 F.2d 719· 10th Cir.· 1966-04-07 ·cited 14×
  The court held that the petitioner must exhaust administrative remedies before seeking judicial review of the denial of good time credits.
• Lewis v. Peyton
  352 F.2d 791· 4th Cir.· 1965-11-02 ·cited 14×
  The court held that conducting a trial for a capital offense in a private residence, without a proper order or waiver, violated the petitioner's due process rights and right to a public trial.
• Smartt v. Bomar
  340 F.2d 593· 6th Cir.· 1965-01-26 ·cited 14×
  The court held that a state trial judge is not required to appoint appellate counsel sua sponte for a defendant who was represented by retained counsel at trial and whose indigency was not made known.
• United States ex rel. Edgar I. Shott, Jr. v. Tehan
  337 F.2d 990· 6th Cir.· 1964-11-10 ·cited 14×·via Habeas Corpus Proceedings
  The court held that a state prosecutor's comment on a defendant's failure to testify violates the Fifth Amendment privilege against self-incrimination, which is applicable to the states through the Fourteenth Amendment.
• Vesta Hedges v. State
  165 So. 2d 213· Fla. 2d DCA· 1964-05-22 ·cited 14×·via Habeas Corpus Proceedings
  Vesta Hedges was convicted of manslaughter in the death of her lover of seven years after a struggle over his gun at her home. The Second District affirmed her conviction, rejecting six grounds for reversal including challenges to the sufficiency of evidence, prosecutorial remark
• Avellino v. United States
  330 F.2d 490· 2d Cir.· 1964-04-15 ·cited 14×
  A parole warrant issued within the maximum sentence term is valid even if executed after the term expires, provided the delay in execution is reasonable.
• Blackburn v. Ippolito
  156 So. 2d 550· Fla. 2d DCA· 1963-09-11 ·cited 14×·via Habeas Corpus Proceedings
  In this habeas corpus appeal, the Florida District Court of Appeal reversed the discharge of Jack Ippolito, manager of a supermarket operating a promotional 'Good-Will Cash Night' drawing, holding that the scheme constituted an illegal lottery under Florida law. The court adopted
• United States ex rel. Charles Noia v. FAY
  300 F.2d 345· 2d Cir.· 1962-02-07 ·cited 14×
  The court held that Noia did not waive his constitutional right against conviction based on a coerced confession, and that his failure to appeal did not preclude federal habeas corpus relief under 28 U.S.C. § 2254 because state remedies were ineffective.
• Everette Thompson Dawson v. United States
  292 F.2d 365· 9th Cir.· 1961-06-24 ·cited 14×·via Writ Of Habeas Corpus
  A petition for a writ of habeas corpus is not the proper vehicle to challenge the sufficiency of an indictment on grounds that could have been raised on appeal.
• Wilhelm J. Muhlenbroich v. Heinze
  281 F.2d 881· 9th Cir.· 1960-08-16 ·cited 14×·via Writ Of Habeas Corpus
  The court held that the district court did not err in dismissing the habeas corpus petition without a plenary hearing, as the allegations did not constitute a denial of due process and the appellant had adequate assistance of counsel.
• United States ex rel. Louis Cuomo v. FAY
  257 F.2d 438· 2d Cir.· 1958-07-11 ·cited 14×·via Writ Of Habeas Corpus
  The relator has not exhausted his state remedies as required by 28 U.S.C.A. § 2254, as he failed to properly present his federal claim to the state courts through an available and appropriate procedure.
• United States v. Knut Einar Heikkinen
  240 F.2d 94· 7th Cir.· 1957-01-17 ·cited 14×·via Writ Of Habeas Corpus
  The court held that the defendant's conviction for failing to depart and failing to apply for travel documents was valid, as the deportation order was properly entered and the defendant was not denied due process.
• Application of John Henry Tune
  230 F.2d 883· 3d Cir.· 1956-03-06 ·cited 14×·via Writ Of Habeas Corpus
  The court held that the denial of pre-trial inspection of a confession did not violate due process where no prejudice was shown, and that a state's procedure allowing the trial judge, rather than the jury, to determine the voluntariness of a confession is constitutionally permiss
• Moat v. Mayo
  82 So. 2d 591· Fla.· 1955-09-28 ·cited 14×·via Writ Of Habeas Corpus
  George W. Moat petitioned for habeas corpus relief, claiming his sentence was void because it was imposed under the wrong Florida statute. The Florida Supreme Court denied the petition because Moat had previously raised and lost the same issues in an earlier habeas corpus proceed
• United States ex rel. Roger Touhy v. Ragen
  224 F.2d 611· 7th Cir.· 1955-07-20 ·cited 14×
  The court held that the relator had not sufficiently exhausted his state court remedies regarding his conviction for aiding an escape, and therefore the district court erred in discharging him.
• United States ex rel. Accardi v. Shaughnessy
  206 F.2d 897· 2d Cir.· 1953-08-11 ·cited 14×
  The court held that a dissenting judge's opinion is not the holding of the court.
• Lopez v. Swope
  205 F.2d 8· 9th Cir.· 1953-06-08 ·cited 14×
  The court held that a prisoner's claim regarding the legality of a previously served sentence is irrelevant to the legality of his current detention under valid, consecutive sentences for escape and assault.
• Benjamin v. Hunter
  176 F.2d 269· 10th Cir.· 1949-06-29 ·cited 14×·via Application For Writ Of Habeas Corpus
  The court held that the petitioner was not entitled to immediate release, as his release date, computed under either the prior law or the new statute, would not be affected in a manner that would result in his immediate discharge.
• Swope v. McDonald
  173 F.2d 852· 9th Cir.· 1949-04-05 ·cited 14×
  The court held that the petitioner was not denied effective assistance of counsel, as the alleged conflict of interest was not genuine and counsel provided competent representation.
• Jones v. Clemmer
  163 F.2d 852· D.C. Cir.· 1947-09-04 ·cited 14×
  The 1947 D.C. Parole Act, specifically its provision for earning commutation for good conduct after parole revocation, cannot be applied retroactively to a prisoner whose parole was revoked and whose good conduct occurred prior to the Act's effective date.
• DEL Guercio v. Gabot
  161 F.2d 559· 9th Cir.· 1947-05-13 ·cited 14×·via Writ Of Habeas Corpus
  The court held that the petitioner, a Philippine national, was not considered an alien at the time of his offense, thus the deportation statute was inapplicable. The court affirmed the lower court's grant of the writ of habeas corpus.
• Price v. Johnston
  159 F.2d 234· 9th Cir.· 1947-01-08 ·cited 14×·via Writ Of Habeas Corpus
• Sunal v. Large
  157 F.2d 165· 4th Cir.· 1946-07-29 ·cited 14×
  The court held that habeas corpus was an available remedy due to exceptional circumstances and that the draft board had a basis in fact for classifying the registrant as 1-A, thus denying the petition.
• United States ex rel. Carter v. Ragen
  153 F.2d 902· 7th Cir.· 1946-02-25 ·cited 14×·via Writ Of Habeas Corpus
  The court held that the petitioner was lawfully in custody and affirmed the lower court's decision.
• Strong v. Huff
  148 F.2d 692· D.C. Cir.· 1945-04-23 ·cited 14×
  The court held that a petition for habeas corpus alleging trial errors cannot be reviewed without a transcript or equivalent certification, absent exceptional circumstances.
• Drumheller v. Berks Cnty. Local Bd. NO. 1
  130 F.2d 610· 3d Cir.· 1942-08-21 ·cited 14×·via Writ Of Habeas Corpus
  The court held that a writ of certiorari is not available to review the administrative decisions of Selective Service Boards, as these boards do not exercise judicial functions and their decisions are final.
• Robinson v. Johnston
  130 F.2d 202· 9th Cir.· 1942-08-10 ·cited 14×·via Writ Of Habeas Corpus
• Osborne v. Johnston
  120 F.2d 947· 9th Cir.· 1941-06-14 ·cited 14×·via Writ Of Habeas Corpus
  The petition for a writ of habeas corpus does not state facts entitling the appellant to relief because the allegations do not demonstrate a lack of jurisdiction in the original trial court.
• Douglass v. W. J. Shackelford as Marshal of the City of Lake City
  73 Fla. 889· Fla.· 1917-04-19 ·cited 14×·via Habeas Corpus Proceedings
  W. B. Douglass challenges a municipal court conviction and sentence via habeas corpus. The Florida Supreme Court affirms the Circuit Court's order remanding Douglass to custody for proper sentencing by the Mayor, holding that despite procedural defects in the original sentence, t
• Ex-Parte J. C. H.
  17 Fla. 362· Fla.· 1879-06-01 ·cited 14×
  In this habeas corpus proceeding, the Florida Supreme Court upheld the Circuit Court's authority to imprison a man until he complies with a court order to post a bond for child support obligations under the bastardy act. The court held that the power to enforce specific performan