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

• Beck v. Wilkes
  589 F.2d 901· 5th Cir.· 1979-02-16 ·cited 12×
  The court held that the delay in the parole revocation hearing did not violate due process and that the prisoner's transfer between federal facilities was lawful.
• Eleuterio v. Louie L. Wainwright
  587 F.2d 194· 5th Cir.· 1979-01-02 ·cited 12×·via Habeas Corpus Relief
  The court held that a refusal to sign a Miranda waiver form does not automatically invalidate a waiver, and that competent evidence of sanity existed to support the conviction.
• Shelton v. Ciccone
  578 F.2d 1241· 8th Cir.· 1978-06-06 ·cited 12×
  The court held that the allegations surrounding the government's seven-year delay in executing federal sentences, if proven true, could establish a due process violation and warrant an evidentiary hearing.
• Mariano Salomon v. LaVALLEE
  575 F.2d 1051· 2d Cir.· 1978-05-23 ·cited 12×
  The court held that a remand to determine the precise degree of prejudice from joint representation is unnecessary when the record already demonstrates prejudice.
• Towe T. Aston v. Warden, Powhatan Corr. Ctr.
  574 F.2d 1169· 4th Cir.· 1978-04-18 ·cited 12×
  The court held that the district court erred in granting a writ of habeas corpus without an evidentiary hearing, as disputed facts regarding potential jury prejudice required further factual development.
• Gammill v. Louie L. Wainwright
  357 So. 2d 714· Fla.· 1978-04-05 ·cited 12×·via Writ Of Habeas Corpus
  James Gammill was sentenced to 35 years in prison immediately after being declared a mentally disordered sex offender under Florida law. The Florida Supreme Court held that the trial court failed to follow proper procedure under Chapter 917 by imposing sentence before Gammill com
• Hayward v. Britt
  572 F.2d 1324· 9th Cir.· 1978-03-30 ·cited 12×
  A motion for reconsideration, even if treated as a Rule 60(b) motion, does not toll the time for filing an appeal or affect the finality of the original judgment.
• Martin v. Wyrick
  568 F.2d 583· 8th Cir.· 1978-01-03 ·cited 12×·via Habeas Corpus Relief
  The Court held that the Faretta right to self-representation should not be applied retroactively to cases pending on direct appeal when Faretta was decided, as its purpose is not to enhance the reliability of the truth-determining process.
• United States v. Dansker
  561 F.2d 485· 3d Cir.· 1977-08-15 ·cited 12×·via Habeas Corpus Relief
  The court held that the standards of Fed.R.App.P. 23 govern bail pending appeal for collateral attacks after direct appeal review is complete. The petition for rehearing en banc is denied.
• Macio Ennis v. LeFEVRE
  560 F.2d 1072· 2d Cir.· 1977-08-09 ·cited 12×
  The court affirmed the denial of the petition because the appellant had not exhausted his state remedies regarding the ineffective assistance of counsel claim.
• Rush O. Nichols v. Estelle
  556 F.2d 1330· 5th Cir.· 1977-08-05 ·cited 12×·via Habeas Corpus Relief
  The court held that a petitioner's failure to object to the admission of a prior conviction on the grounds of denial of counsel on appeal constitutes a waiver of that constitutional error for habeas corpus relief.
• Barfield v. State of Ala.
  552 F.2d 1114· 5th Cir.· 1977-05-26 ·cited 12×
  The court held that the defendant was not subjected to custodial interrogation under Miranda v. Arizona, as her statements were made voluntarily and not in a coercive environment.
• Bassett v. McCARTHY
  549 F.2d 616· 9th Cir.· 1977-01-06 ·cited 12×
• Payne v. United States
  539 F.2d 443· 5th Cir.· 1976-09-23 ·cited 12×
  The court affirmed the district court's denial of relief, finding the appellant's claims regarding parole denial and sentencing errors to be without merit.
• Lyman T. Shepard v. United States Bd. OF Parole
  541 F.2d 322· 2d Cir.· 1976-09-07 ·cited 12×
  A parolee detained pending a parole revocation hearing has a due process right to a meaningful opportunity to contest the detainer, including timely disclosure of evidence against him and a statement of reasons for the decision, even if an in-person hearing is not required.
• Durkin v. Davis
  538 F.2d 1037· 4th Cir.· 1976-03-23 ·cited 12×
  The court held that the petitioner had not exhausted state remedies by failing to properly present his federal claim to the state courts, and therefore the federal court should have dismissed the petition.
• United States ex rel. Agnes Scranton v. The State OF NEW York
  532 F.2d 292· 2d Cir.· 1976-03-15 ·cited 12×
  A federal court should not grant habeas corpus relief to a state prisoner who has not exhausted all available state remedies, even if the prisoner claims a speedy trial violation.
• Stewart v. Cowan
  528 F.2d 79· 6th Cir.· 1976-01-07 ·cited 12×·via Writ Of Habeas Corpus
  The admission of hearsay testimony regarding an FBI ballistics report and anonymous phone calls violated the Confrontation Clause of the Sixth Amendment because the prosecution failed to show the unavailability of the declarants and the statements lacked sufficient indicia of rel
• Paine v. McCARTHY
  527 F.2d 173· 9th Cir.· 1975-12-08 ·cited 12×
  The court held that the district court erred in finding a deliberate bypass of state remedies, but affirmed the dismissal on the merits of the speedy trial and handwriting exemplar claims.
• Alvarez v. Louie L. Wainwright
  522 F.2d 100· 5th Cir.· 1975-10-29 ·cited 12×
  The court held that the defendant was denied effective assistance of counsel due to a conflict of interest, where the attorney prioritized protecting a co-defendant over his client's interests, and the state was aware of this conflict.
• Norris v. The State OF Ga.
  522 F.2d 1006· 4th Cir.· 1975-07-24 ·cited 12×
  The court held that service on the prisoner's custodian in the state of confinement is sufficient to establish personal jurisdiction over other states that have lodged detainers against the prisoner, allowing the court in the state of confinement to adjudicate the validity of tho
• Walker v. Louie L. Wainwright
  303 So. 2d 321· Fla.· 1974-11-13 ·cited 12×·via Writ Of Habeas Corpus
  Peter Bryan Walker petitioned for habeas corpus relief challenging his ten-year sentence for breaking and entering, arguing the sentence was enhanced by consideration of prior invalid convictions and that his guilty plea was coerced. The Florida Supreme Court dismissed the petiti
• McCUSKER v. Hoyt C. Cupp
  506 F.2d 459· 9th Cir.· 1974-10-15 ·cited 12×·via Writ Of Habeas Corpus
  Magistrates lack authority to conduct evidentiary hearings in habeas corpus cases, and such hearings must be held by a district judge.
• Smith v. State
  296 So. 2d 490· Fla.· 1974-06-12 ·cited 12×·via Writ Of Habeas Corpus
• Bailey v. Ault
  490 F.2d 71· 5th Cir.· 1974-02-20 ·cited 12×
  The court held that the district court erred in dismissing the claim regarding denial of the right to a direct appeal for failure to exhaust state remedies, as this issue had been previously litigated and decided adversely in state courts.
• RAY v. Rose
  491 F.2d 285· 6th Cir.· 1974-01-29 ·cited 12×
  The court held that the record did not support vacating a guilty plea based on alleged coercion, as the defendant explicitly affirmed its voluntariness under oath.
• United States ex rel. Armstrong John v. Casscles
  489 F.2d 20· 2d Cir.· 1973-12-05 ·cited 12×
  The court held that the state court's determination that the witness's identification testimony was not tainted by impermissibly suggestive photographic identification procedures was supported by the record.
• Hardin v. Estelle
  484 F.2d 944· 5th Cir.· 1973-09-19 ·cited 12×·via Habeas Corpus Relief
  The court held that the district court was correct in granting habeas corpus relief due to the denial of compulsory process for witnesses.
• Horton C. Weiss v. Waldon C. Burr
  484 F.2d 973· 9th Cir.· 1973-05-21 ·cited 12×
  The majority erred in reversing the trial court's contempt finding based on a point not properly raised or briefed.
• Eisel v. Secretary OF THE Army
  477 F.2d 1251· D.C. Cir.· 1973-03-28 ·cited 12×·via Writ Of Habeas Corpus
  The court held that the District Court lacked jurisdiction to hear the habeas corpus petitions filed by inactive reservists seeking discharge. The court determined that the 'immediate custodian' concept was not determinative and that jurisdiction should be based on practical cons
• Gibson v. Blair
  467 F.2d 842· 5th Cir.· 1972-09-26 ·cited 12×
  The court held that the state court failed to afford the appellant a full and fair evidentiary hearing on his claim of unconstitutional jury exclusion.
• Woodall v. Pettibone
  465 F.2d 49· 4th Cir.· 1972-08-08 ·cited 12×
  The court held that the prior ruling declaring Maryland's juvenile justice laws unconstitutional should be applied retroactively, but relief must be determined on a case-by-case basis.
• United States ex rel. James A. Stukes v. Shovlin
  464 F.2d 1211· 3d Cir.· 1972-07-31 ·cited 12×
  The court held that the defendant's Sixth Amendment rights were not violated by the denial of counsel at a pretrial psychiatric examination, nor was his right to a speedy trial infringed, and that sufficient evidence supported his felony murder conviction.
• United States ex rel. Mark Frasier v. Henderson
  464 F.2d 260· 2d Cir.· 1972-07-17 ·cited 12×
  The court affirmed the dismissal of claims regarding evidence seizure and identification procedures but remanded for further proceedings on the claim that the appellant was not informed of his right to appeal a predicate conviction.
• Gurule v. Turner
  461 F.2d 1083· 10th Cir.· 1972-06-22 ·cited 12×
  The court held that while sentencing without counsel was unconstitutional, the prisoner's new claims regarding his guilty plea require exhaustion of state remedies, and immediate release was improper as the state may resentence him.
• Application of Anastasios Vassiliou and Verna K. Vassiliou v. Dist. Dir. OF Immigr. & Naturalization Serv.
  461 F.2d 1193· 10th Cir.· 1972-06-16 ·cited 12×
  The court held that the Immigration and Naturalization Service did not abuse its discretion or act arbitrarily and capriciously in denying further extensions for voluntary departure.
• Powell v. Detective Sylvester Jarvis and Mary Gamble
  460 F.2d 551· 2d Cir.· 1972-05-26 ·cited 12×
  The court held that the district court properly dismissed the complaint for failure to state a claim under the civil rights statutes, as the allegations were too vague and conclusory.
• Garrett v. Swenson
  459 F.2d 464· 8th Cir.· 1972-05-16 ·cited 12×
  A sentence tainted by consideration of a constitutionally invalid conviction cannot stand, entitling the petitioner to reconsideration.
• Schlomann v. Moseley
  457 F.2d 1223· 10th Cir.· 1972-03-24 ·cited 12×·via Habeas Corpus Proceedings
  The court held that the ruling in O'Callahan v. Parker, which limited military court jurisdiction to service-connected offenses, should not be applied retroactively to convictions that became final before O'Callahan was decided.
• Stidham v. Wingo
  452 F.2d 837· 6th Cir.· 1971-12-16 ·cited 12×·via Application For Writ Of Habeas Corpus
  The court held that the District Court erred in denying a habeas corpus petition without an evidentiary hearing when disputed issues of fact were presented.
• Bartz v. Louie L. Wainwright
  451 F.2d 663· 5th Cir.· 1971-11-19 ·cited 12×·via Writ Of Habeas Corpus
  The court held that a petitioner who has had claims considered by the highest state court on direct appeal has exhausted state remedies for those claims. The court found that certain claims were properly dismissed but others were exhausted and should be considered on the merits.
• United States ex rel. David Green H-5527 v. Rundle
  452 F.2d 232· 3d Cir.· 1971-10-29 ·cited 12×
  The court held that a federal habeas corpus writ should not be granted when a state prisoner's claims of improper joinder and lack of cautionary instruction were waived by counsel's strategic decisions, which were within the range of normal competency.
• United States ex rel. Regis Charles Schultz v. Brierley
  449 F.2d 1286· 3d Cir.· 1971-10-18 ·cited 12×
  A state prisoner who has raised and preserved federal constitutional questions on direct appeal has exhausted state remedies for federal habeas corpus purposes, even if state post-conviction remedies are available.
• United States ex rel. Warren Lee Taylor v. Major Edward W. Fritz
  446 F.2d 36· 8th Cir.· 1971-08-09 ·cited 12×
  The court held that a registrant must exhaust administrative remedies regarding their Selective Service classification before seeking judicial review via habeas corpus, even if challenging medical acceptability.
• United States ex rel. Edgar H. Smith v. Yeager
  451 F.2d 164· 3d Cir.· 1971-08-02 ·cited 12×·via Writ Of Habeas Corpus
  The appellate court affirmed the district court's grant of a writ of habeas corpus, agreeing that the defendant's inculpatory statements were involuntary under federal constitutional standards.
• Hooks v. State
  250 So. 2d 322· Fla. 4th DCA· 1971-06-25 ·cited 12×·via Writ Of Habeas Corpus
  Harold Hooks appeals his conviction for sale and possession of LSD by way of a habeas corpus petition after his direct appeal became untimely. The appellate court addressed the sufficiency of evidence and whether the trial court erred in denying a mistrial motion, ultimately affi
• Rosengart v. Laird
  449 F.2d 523· 2d Cir.· 1971-06-09 ·cited 12×·via Writ Of Habeas Corpus
  The court held that there was a sufficient basis in fact in the record for the Army's determination that the appellant's conscientious objector beliefs were not sincerely held, and that the district court's procedural remands did not deny due process.
• In re the Petition of Dale Percy for a Writ of Habeas Corpus. Dale Percy v. State OF S.D.
  443 F.2d 1232· 8th Cir.· 1971-06-04 ·cited 12×
  The dissenting opinion argues that the double jeopardy and due process clauses barred prosecution for kidnapping after a prior conviction for a related offense arising from the same criminal act. It also contends that a harsher sentence imposed after an appeal, without justificat
• Jenkins v. Beto
  442 F.2d 655· 5th Cir.· 1971-05-11 ·cited 12×
  A guilty plea is not rendered invalid by plea bargaining or the desire to avoid a potential death sentence.
• United States ex rel. William C. Stubbs v. Mancusi
  442 F.2d 561· 2d Cir.· 1971-04-19 ·cited 12×·via Application For Writ Of Habeas Corpus
  The admission of prior testimony from a witness who was not made available for cross-examination at retrial, despite the prosecution's failure to make a good-faith effort to secure his presence, violated the Confrontation Clause and was not harmless error.