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

• Tanner v. Moseley
  441 F.2d 122· 8th Cir.· 1971-04-14 ·cited 12×
  The court affirmed the district court's decision on jurisdictional grounds but disagreed with the majority's comments on the merits of the petition.
• Weaver v. State OF Tex.
  441 F.2d 388· 5th Cir.· 1971-04-12 ·cited 12×
  The court held that a general allegation of a coerced guilty plea is insufficient to warrant federal habeas relief without specific factual allegations and exhaustion of state remedies.
• Glazier v. Capt. James G. Hackel
  440 F.2d 592· 9th Cir.· 1971-03-31 ·cited 12×
  The court held that a serviceman's habeas corpus petition challenging the denial of conscientious objector status (Class I-A-O) is judicially reviewable, even if a favorable ruling would not result in discharge.
• Fast v. Louie L. Wainwright
  439 F.2d 1162· 5th Cir.· 1971-03-22 ·cited 12×
  The court held that a state prisoner is not entitled to federal habeas corpus relief solely on the basis of newly discovered evidence, and the state court's hearing was adequate.
• Makarewicz v. Palmer C. Scafati
  438 F.2d 474· 1st Cir.· 1971-02-24 ·cited 12×
  The court held that the petitioner's confession was voluntary and admissible, affirming the denial of his habeas corpus petition.
• McCOWAN v. Nelson
  436 F.2d 758· 9th Cir.· 1970-12-21 ·cited 12×
  The court held that a federal habeas corpus court cannot grant relief based on issues of state law, and that the petitioner's due process rights were not violated by the delay in his return to prison.
• Robinson v. Wainwright
  240 So. 2d 65· Fla. 2d DCA· 1970-10-16 ·cited 12×·via Writ Of Habeas Corpus
  Theodore Robinson filed a habeas corpus petition claiming he was subjected to double jeopardy by being tried twice for the same offense. The Florida District Court of Appeal rejected the petition because Robinson failed to raise the double jeopardy defense by motion to dismiss as
• Chisholm v. Louie L. Wainwright
  427 F.2d 1138· 5th Cir.· 1970-06-26 ·cited 12×
  The court held that the district court did not err in denying a habeas corpus petition without a hearing, as the state court provided a full and fair hearing on the voluntariness of the guilty plea.
• The United States ex rel. Terrence Stone v. Robinson
  431 F.2d 548· 3d Cir.· 1970-05-26 ·cited 12×·via Habeas Corpus Relief
  The court held that the appellant's petition for rehearing misconstrued the nature of habeas corpus relief and the prime issue on appeal.
• Ryan v. Louie L. Wainwright
  424 F.2d 198· 5th Cir.· 1970-04-03 ·cited 12×
  Federal courts are not required to hold a second evidentiary hearing in habeas corpus cases if a full and fair hearing was held at the state level.
• Carthel James Rushing v. State
  233 So. 2d 137· Fla. 3d DCA· 1970-03-17 ·cited 12×
  Appellant Rushing sought to vacate his conviction because the court reporter lost trial notes, preventing preparation of a trial transcript and allegedly denying him the right to appeal. The court held that while Rule 1.850 is improper, habeas corpus is the appropriate remedy, an
• Pineda v. Craven
  424 F.2d 369· 9th Cir.· 1970-03-16 ·cited 12×
  The court held that the right to challenge a search warrant under Aguilar v. Texas was not knowingly waived in this case.
• LA Brasca v. Misterly
  423 F.2d 708· 9th Cir.· 1970-02-24 ·cited 12×
  The court held that the petitioner's constitutional challenges to her convictions were without merit, affirming the denial of habeas corpus relief.
• Capler v. City OF Greenville
  422 F.2d 299· 5th Cir.· 1970-02-20 ·cited 12×
  The Sixth Amendment does not require the availability of counsel to preserve evidence of a defendant's condition from dissipation due to incarceration, nor does the due process clause require police to provide scientific tests or counsel for such preservation.
• Collins v. State
  230 So. 2d 711· Fla. 4th DCA· 1970-01-26 ·cited 12×·via Writ Of Habeas Corpus
  Robert Collins sought delayed appellate review of his 1964 first-degree murder conviction after his court-appointed counsel failed to timely file a direct appeal. The court treated his petition as an original habeas corpus petition and affirmed the conviction, finding that any co
• Lynch v. United States
  414 F.2d 281· 5th Cir.· 1969-08-05 ·cited 12×
  The court held that the prisoner was not entitled to credit for good conduct time earned prior to parole revocation.
• McDANIEL v. State
  219 So. 2d 421· Fla.· 1969-02-12 ·cited 12×·via Writ Of Habeas Corpus
  McDaniel, sentenced to life imprisonment for first-degree murder in 1963, filed for appellate counsel years later after becoming indigent and unable to afford private counsel. The Florida Supreme Court held that while indigent defendants have a constitutional right to appellate c
• Rito G. Canales v. Baker
  406 F.2d 685· 10th Cir.· 1969-02-04 ·cited 12×
  A federal court may deny a habeas petition without an evidentiary hearing if the state court has already reliably determined the facts after a full and fair hearing.
• Thompson v. Peyton
  406 F.2d 473· 4th Cir.· 1968-12-19 ·cited 12×
  The court held that the petitioner's claim regarding pre-Wade lineups was without merit as the confrontation was not testimonial and the Wade rule was not retroactive. The court also held that the claim regarding witness mingling required exhaustion of state remedies via habeas c
• Williams v. Peyton
  404 F.2d 528· 4th Cir.· 1968-11-26 ·cited 12×
  The court held that the confession was involuntary and thus improperly admitted into evidence, requiring a writ of habeas corpus to be granted.
• Miller v. Willingham
  400 F.2d 873· 10th Cir.· 1968-09-23 ·cited 12×·via Writ Of Habeas Corpus
  A federal sentence is not rendered ambiguous by the absence of explicit concurrent or consecutive instructions when the sentencing court is not required to recognize an uncompleted state sentence.
• Burton v. State OF Ala.
  396 F.2d 755· 5th Cir.· 1968-06-25 ·cited 12×·via Writ Of Habeas Corpus
  The court held that a federal court cannot deny a habeas corpus petition based on non-exhaustion of state remedies without a finding that the petitioner deliberately bypassed those remedies.
• Humphries v. LaMoyne Green
  397 F.2d 67· 6th Cir.· 1968-06-12 ·cited 12×·via Writ Of Habeas Corpus
• United States ex rel. George Lee Rivers v. Myers
  384 F.2d 737· 3d Cir.· 1967-10-20 ·cited 12×
  The court held that the second confession was unconstitutionally obtained due to exploitation of the defendant's mental deficiencies, but the first confession was admissible. The defendant was competent to enter a guilty plea.
• Crawford v. Beto
  383 F.2d 604· 5th Cir.· 1967-10-09 ·cited 12×
  Appellant was denied his constitutional right to counsel on appeal, and the subsequent employment of counsel for a rehearing motion was not an adequate substitute.
• Isadora Olshen v. McMANN
  378 F.2d 993· 2d Cir.· 1967-06-09 ·cited 12×·via Writ Of Habeas Corpus
  The court held that the appellant failed to demonstrate a conflict of interest or prejudice from his counsel's prior representation of a prosecution witness, thus affirming the dismissal of his habeas corpus petition.
• Newman v. Rodriguez
  375 F.2d 712· 10th Cir.· 1967-04-04 ·cited 12×·via Application For Writ Of Habeas Corpus
  The court held that New Mexico's denial of credit for time served on a void sentence upon reconviction does not violate the Equal Protection Clause.
• United States ex rel. John F. McBRIDE v. Hon. Edward M. FAY
  370 F.2d 547· 2d Cir.· 1966-12-27 ·cited 12×
  The court affirmed the dismissal of the writ because the petitioner had not yet sought relief in the state courts on his newly raised Sixth Amendment claim.
• Norman v. United States
  368 F.2d 645· 3d Cir.· 1966-10-28 ·cited 12×·via Habeas Corpus Proceedings
  The court held that the district court did not err in denying the motion to vacate the sentence without a hearing because the record conclusively showed the prisoner was entitled to no relief.
• Harris v. Beto
  367 F.2d 567· 5th Cir.· 1966-10-24 ·cited 12×
  The court held that the district court's general finding of voluntariness was insufficient and vacated the judgment.
• United States ex rel. Grigorios Stellas v. Esperdy
  366 F.2d 266· 2d Cir.· 1966-08-30 ·cited 12×·via Application For Writ Of Habeas Corpus
  The court held that the regulation providing for automatic revocation of an approved visa petition upon withdrawal by a citizen spouse is invalid because it conflicts with the statutory requirement of 'good and sufficient cause' and denies due process.
• State of Fla. ex rel. Billy Joe Crabb v. Carson
  189 So. 2d 376· Fla. 1st DCA· 1966-07-27 ·cited 12×·via Writ Of Habeas Corpus
  Three petitioners challenged bail amounts of $30,000 set in criminal cases for breaking and entering, grand larceny, and motor vehicle theft. The Florida appellate court held the bail was excessive under the state constitution and reduced it to $5,000 per charge, finding the orig
• Chester v. The People OF the State OF Cal.
  355 F.2d 778· 9th Cir.· 1966-01-27 ·cited 12×·via Application For Writ Of Habeas Corpus
  The court held that the district court erred in not considering all grounds for relief and in failing to determine if an evidentiary hearing was necessary for those grounds not previously adjudicated.
• Brown v. Warden, U. S. Penitentiary, & United States
  351 F.2d 564· 7th Cir.· 1965-10-07 ·cited 12×·via Writ Of Habeas Corpus
  The court held that a probationer is not constitutionally entitled to appointed counsel in a probation revocation proceeding under the Federal Probation Act.
• Jolly v. Wainwright
  175 So. 2d 245· Fla. 2d DCA· 1965-05-21 ·cited 12×·via Writ Of Habeas Corpus
  The Florida District Court of Appeal denied a petition for a writ of habeas corpus, holding that a prisoner cannot obtain relief simply because they were forcibly brought to Florida for trial without extradition.
• State of Fla. ex rel. Salvatore C. Pipia v. Buchanan
  168 So. 2d 783· Fla. 3d DCA· 1964-11-02 ·cited 12×·via Writ Of Habeas Corpus
  The Florida District Court of Appeal granted a habeas corpus petition challenging a contempt sentence imposed by the circuit court, finding the contempt order fatally defective because the petitioner was denied an opportunity to be heard on the criminal contempt charge and the ci
• Acie Horton v. Bomar
  335 F.2d 583· 6th Cir.· 1964-08-21 ·cited 12×·via Writ Of Habeas Corpus
  The court held that the denial of a writ of habeas corpus was proper because the appellant's claims lacked merit and did not present a federal constitutional question.
• Burton Junior Post v. Otto C. Boles
  332 F.2d 738· 4th Cir.· 1964-05-19 ·cited 12×
  The court held that the trial judge failed to conduct a sufficiently penetrating and comprehensive examination to ensure the defendant's waiver of counsel was competent and intelligent.
• Orval Lloyd Skinner v. United States
  326 F.2d 594· 8th Cir.· 1964-01-24 ·cited 12×·via Habeas Corpus Proceedings
  The court held that the district court's findings were not clearly erroneous and affirmed the denial of the motion to vacate sentence.
• United States ex rel. Evsey S. Petrushansky v. Marasco
  325 F.2d 562· 2d Cir.· 1963-12-30 ·cited 12×·via Writ Of Habeas Corpus
  The court held that the arrest warrant was valid, the evidence presented was sufficient to establish probable cause for extradition, and the exclusion of certain testimony was proper.
• State of Fla. ex rel. Bernard M. Shotkin v. Buchanan
  149 So. 2d 574· Fla. 3d DCA· 1963-02-19 ·cited 12×·via Writ Of Habeas Corpus
  A 71-year-old man was arrested in 1963 and incarcerated based on a contempt judgment entered in 1958, over five years earlier. The Florida Court of Appeal granted habeas corpus relief, holding that although there is generally no statute of limitations on enforcing valid judgments
• Allocco v. Heritage
  310 F.2d 719· 5th Cir.· 1962-11-28 ·cited 12×
  A defendant who voluntarily elects not to commence service of his sentence pending appeal is not entitled to credit for the time spent in custody during that period.
• Bailey v. Henslee
  309 F.2d 840· 8th Cir.· 1962-11-20 ·cited 12×·via Application For Writ Of Habeas Corpus
  The court held that the original nine-month retrial period was not a reasonable time due to subsequent events and legal proceedings.
• Gilstrap v. Clemmer
  284 F.2d 804· 4th Cir.· 1960-11-17 ·cited 12×
  The court held that a prisoner convicted of a D.C. Code violation and recommitted as a parole violator must have his good conduct deductions computed under the modified provisions of the D.C. Code, not the general U.S. statutes.
• Wood v. Cochran
  118 So. 2d 193· Fla.· 1960-02-12 ·cited 12×·via Writ Of Habeas Corpus
  Raymond Wood petitioned for habeas corpus relief claiming his conviction for writing checks violated his constitutional rights based on recent Florida Supreme Court precedent establishing that written checks cannot constitute forgery without proof of receipt of something of value
• Reubin Wooten v. Wilkinson
  265 F.2d 211· 5th Cir.· 1959-04-01 ·cited 12×·via Writ Of Habeas Corpus
  The court held that a conditional release violator forfeits all good time earned and must serve the remainder of their original sentence, plus any time for premature release.
• United States ex rel. Charles Westbrook v. Randolph
  259 F.2d 215· 7th Cir.· 1958-07-08 ·cited 12×
  The concurring judge agrees with the reversal and remand of the district court's order but disagrees with the reasoning regarding the availability of a bystander's bill of exceptions.
• In re the Application for a Writ of Habeas Corpus of Cosmo A. Daloia v. Rhay
  252 F.2d 768· 9th Cir.· 1958-02-14 ·cited 12×·via Application For Writ Of Habeas Corpus
  The court held that the sentencing statute did not violate equal protection and that the appellant's claims were without merit, affirming the denial of his habeas corpus application.
• Loper v. Ellis
  224 F.2d 901· 5th Cir.· 1955-08-02 ·cited 12×·via Writ Of Habeas Corpus
  The court held that a habeas corpus petition may be amended to cure deficiencies, and a hearing may be granted if the amended petition, with supporting evidence, sufficiently raises constitutional claims.
• Zahn v. Kipp
  218 F.2d 898· 7th Cir.· 1955-01-25 ·cited 12×·via Writ Of Habeas Corpus
  The court held that the petitioner did not serve his federal sentence while incarcerated in state prison because the judgment did not specify the commencement date, and federal law requires sentences to begin upon receipt at a federal facility.