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

• Darwin C. Bailey v. Mason F. Holley
  530 F.2d 169· 7th Cir.· 1976-02-19 ·cited 10×
  The court held that its prior decision requiring written reasons for parole denial should not be applied retroactively to parole denials that occurred before the decision date. Similarly, due process standards for parole release proceedings were not applied retroactively. The two
• Stevenson v. Mathews
  529 F.2d 61· 7th Cir.· 1976-02-04 ·cited 10×
  The court held that the petitioner's physical presence was not suppressible and that his possession conviction was not attackable due to his guilty plea.
• Hopkins v. State OF Ala.
  524 F.2d 473· 5th Cir.· 1975-12-08 ·cited 10×·via Writ Of Habeas Corpus
  The court affirmed the denial of habeas relief regarding the illegal search claim, finding the search justified by exigent circumstances, but remanded for a determination of exhaustion of state remedies on other claims.
• United States ex rel. Maria Horta v. DeYOUNG
  523 F.2d 807· 3d Cir.· 1975-10-02 ·cited 10×·via Habeas Corpus Relief
  Joint representation of co-defendants with conflicting interests, without a waiver, constitutes a deprivation of the Sixth Amendment right to effective assistance of counsel.
• Shields v. Hopper
  519 F.2d 1131· 5th Cir.· 1975-09-24 ·cited 10×·via Writ Of Habeas Corpus
  The court held that a state prisoner's complaint alleging violations of state law and federal constitutional rights was properly dismissed for failing to raise a substantial federal question.
• United States ex rel. Edward Curtis v. People OF the State OF Ill. & John J. Twomey
  521 F.2d 717· 7th Cir.· 1975-07-11 ·cited 10×
  The court held that the petitioner's own conduct waived any claim of inadequate representation and that the alleged suppressed evidence lacked constitutional significance, thus affirming the dismissal of the habeas corpus petition.
• In re the Application for a Writ of Habeas Corpus for Larry C. High v. Rhay
  519 F.2d 109· 9th Cir.· 1975-06-18 ·cited 10×·via Writ Of Habeas Corpus
  The dissenting judge believes the state appellate court's thorough review compensated for any deficiencies in appointed counsel's brief, thus satisfying the Anders standard and obviating the need for further state proceedings.
• Flores v. Estelle
  513 F.2d 764· 5th Cir.· 1975-05-30 ·cited 10×
  The district court committed plain error by admitting hearsay testimony to prove the non-existence of a toxicology report, and this error was not waived by the petitioners.
• State v. Hill
  313 So. 2d 766· Fla.· 1975-03-19 ·cited 10×·via Writ Of Habeas Corpus
  The court held that a motion for discharge filed before an information is a nullity and that habeas corpus is not the proper vehicle to raise issues that should be addressed at trial.
• United States ex rel. G. Daniel Walker v. Gunn
  511 F.2d 1024· 9th Cir.· 1975-02-12 ·cited 10×·via Writ Of Habeas Corpus
  The court held that a petition for removal filed after voir dire has commenced is untimely under 28 U.S.C. § 1446(c), and thus the state court retains jurisdiction.
• Washington v. Regan
  510 F.2d 1126· 3d Cir.· 1975-02-10 ·cited 10×·via Habeas Corpus Relief
  The court held that the state court's resentencing procedure did not violate due process, and therefore, federal intervention via habeas corpus was unwarranted.
• Ross v. Ristaino
  508 F.2d 754· 1st Cir.· 1974-12-31 ·cited 10×·via Writ Of Habeas Corpus
  The court held that the trial judge's denial of the defense request to specifically interrogate prospective jurors on racial prejudice violated the defendant's due process rights.
• Lyden v. Louie L. Wainwright
  307 So. 2d 258· Fla. 2d DCA· 1974-09-12 ·cited 10×
  Lyden sought a writ of mandamus against the Director of Corrections to correct his sentence computation. The court issued a peremptory writ of mandamus requiring recomputation of Lyden's sentence time in accordance with prior binding precedent (Brumit and Voulo), while withholdin
• Shimabuku v. Britton
  503 F.2d 38· 10th Cir.· 1974-09-10 ·cited 10×·via Habeas Corpus Relief
  The court held that appellants were entitled to no relief because they failed to demonstrate any adverse disposition from their disciplinary proceedings or any harm resulting from alleged procedural due process violations. The court also affirmed that the Fifth Amendment privileg
• United States ex rel. Cornelius Lucas v. Regan
  503 F.2d 1· 2d Cir.· 1974-09-03 ·cited 10×·via Writ Of Habeas Corpus
  The dissenting judge argues that the pretrial identification procedures were impermissibly suggestive and the subsequent in-court identification was unreliable, necessitating a new trial.
• Mercado v. Rockefeller
  502 F.2d 666· 2d Cir.· 1974-08-15 ·cited 10×
• Rand v. Swenson
  501 F.2d 394· 8th Cir.· 1974-05-02 ·cited 10×
  The court held that the district court's order granting a new trial based on a bona fide doubt of the petitioner's competency to stand trial was not clearly erroneous and affirmed the order.
• Cottle v. Louie L. Wainwright
  493 F.2d 397· 5th Cir.· 1974-05-02 ·cited 10×·via Habeas Corpus Proceedings
  The court held that the determination of whether counsel is required for a parolee at a revocation hearing must be made by the state parole authority on a case-by-case basis, exercising sound discretion according to Supreme Court guidelines.
• McKINNEY v. Parsons
  488 F.2d 452· 5th Cir.· 1974-01-17 ·cited 10×·via Petition For Habeas Corpus Relief
  A district judge must personally inspect allegedly obscene material when deciding a habeas corpus petition, and cannot solely rely on a magistrate's recommendation.
• Lockett v. Henderson
  484 F.2d 62· 5th Cir.· 1973-08-31 ·cited 10×·via Application For Writ Of Habeas Corpus
  A guilty plea is voluntary even if the accused is not specifically apprised of the right to trial by jury, privilege against self-incrimination, and right to confront accusers. The district court's memorandum of reasons was sufficient under Rule 52(a).
• Beavers v. Park J. Anderson
  474 F.2d 1114· 10th Cir.· 1973-03-16 ·cited 10×
  The court held that where a habeas petitioner alleges coercion in his guilty plea, the federal court must conduct an inquiry to determine if the state court adequately ascertained the plea's voluntariness, even if a written form exists.
• United States ex rel. Terry L. Wilson v. Coughlin
  472 F.2d 100· 7th Cir.· 1973-01-19 ·cited 10×
  The court held that while the trial judge exhibited inappropriate conduct and bias, it did not warrant a new trial on the merits, but further proceedings should be handled by a different judge. The denial of petitioners' request for release was affirmed.
• Mosley v. Smith
  470 F.2d 1320· 5th Cir.· 1973-01-11 ·cited 10×
  The court held that the appellant's claim regarding jury exclusion must first be exhausted in state courts, and that the denial of appeal claim requires further findings by the district court, but that out-of-time appeals are now available in Georgia.
• United States v. Brierley
  471 F.2d 657· 3d Cir.· 1973-01-09 ·cited 10×
  The court held that a prior federal district court decision, affirmed on grounds of procedural exhaustion rather than merits, does not preclude reconsideration of the same issues in a subsequent habeas corpus petition. The court also found that undue delay in state appellate proc
• United States ex rel. William J. Johnson v. Cavell
  468 F.2d 304· 3d Cir.· 1972-10-03 ·cited 10×
  The court held that federal habeas corpus relief should be withheld pending a state court determination of whether the petitioner knowingly and deliberately waived his right to appeal.
• Parker v. State OF Tex.
  464 F.2d 572· 5th Cir.· 1972-07-24 ·cited 10×
  The court held that the federal district court correctly dismissed the habeas corpus petition for failure to exhaust state remedies, and bail pending appeal is denied.
• United States ex rel. Lowell Peter Iverson v. Col. Wayne Rhodes
  465 F.2d 402· 7th Cir.· 1972-07-11 ·cited 10×·via Writ Of Habeas Corpus
  A local Selective Service board's failure to comply with procedural requirements for postponing an order to report for civilian work invalidates that order, and a subsequent order issued without proper basis is illegal.
• Reed v. Henderson
  463 F.2d 485· 5th Cir.· 1972-06-05 ·cited 10×
  The court held that while jurisdiction may be present, a district court can decline to exercise it if the demanding jurisdiction will entertain the petition.
• United States ex rel. Ronald O. Bisordi v. LaVALLEE
  461 F.2d 1020· 2d Cir.· 1972-05-01 ·cited 10×
  The court held that even if a pre-trial lineup was impermissibly suggestive, the witness's in-court identification was reliable and did not violate due process because the witness had a sufficiently definite image of the assailant prior to the lineup.
• Harless v. Turner
  456 F.2d 1337· 10th Cir.· 1972-04-05 ·cited 10×
  The court held that the consent to search the defendant's automobile was not legally effective due to coercive circumstances, rendering the search invalid.
• Montgomery v. Caldwell
  457 F.2d 767· 5th Cir.· 1972-03-24 ·cited 10×
  The court held that the district court erred in summarily denying the habeas petition for failure to exhaust state remedies, as the applicant had made a prior state court filing.
• Chavez v. State OF NEW Mexico
  456 F.2d 1072· 10th Cir.· 1972-03-10 ·cited 10×·via Writ Of Habeas Corpus
  The court held that a failure to object to the admissibility of polygraph test results at trial constitutes a waiver of any claim regarding their inadmissibility or a Miranda violation.
• Brown v. Wis. State Dep't OF Pub. Welf.
  457 F.2d 257· 7th Cir.· 1972-02-17 ·cited 10×·via Writ Of Habeas Corpus
  The court affirmed the denial of the habeas corpus petition, holding that issues not raised in the district court are waived and that state court factual findings are presumed correct absent contrary evidence.
• United States v. The Honorable Robert E. Varner
  467 F.2d 659· 5th Cir.· 1972-02-01 ·cited 10×·via Writ Of Habeas Corpus
  A district judge has the discretionary power to conduct a limited hearing on a mental examination order before psychiatric evaluation, even if not required by statute.
• Barr v. Parker
  453 F.2d 865· 9th Cir.· 1971-11-16 ·cited 10×·via Writ Of Habeas Corpus
  The court held that the Board of Parole retained jurisdiction to revoke parole even if supervision was not exercised due to comity with another state's jurisdiction, and the revocation warrant was valid if issued within the maximum sentence term.
• United States ex rel. Duncan Randall Kellogg v. Colonel Willie H. McBEE
  452 F.2d 134· 7th Cir.· 1971-11-04 ·cited 10×
  The court held that the District Court did not err in granting the habeas corpus petition, allowing the reopening of the petitioner's classification, as the circumstances presented a prima facie case for deferment.
• United States ex rel. Caswell Lathan, Jr. v. Deegan
  450 F.2d 181· 2d Cir.· 1971-11-01 ·cited 10×
  The court held that a confession obtained through deception, without other coercive circumstances, is not rendered involuntary under pre-Miranda law, and thus habeas corpus relief was properly denied.
• White v. State OF Tenn.
  447 F.2d 1354· 6th Cir.· 1971-09-07 ·cited 10×
  Federal district courts lack habeas corpus jurisdiction under 28 U.S.C. § 2241(a) for petitions filed by prisoners not physically located within the court's territorial jurisdiction.
• United States ex rel. John Johnson H-6753 v. Russell
  444 F.2d 1177· 3d Cir.· 1971-07-07 ·cited 10×
  A guilty plea entered upon the advice of competent counsel waives prior constitutional infirmities, and a defendant assumes the risk of ordinary error in legal assessment.
• Hunter v. Swenson
  442 F.2d 625· 8th Cir.· 1971-04-26 ·cited 10×·via Writ Of Habeas Corpus
  The court held that the appellant was not entitled to another evidentiary hearing on the voluntariness of his statements, as the issue had been fully developed and resolved in prior state court proceedings.
• Fitzgerald v. Louie L. Wainwright
  440 F.2d 1049· 5th Cir.· 1971-04-07 ·cited 10×
  The court held that while some of the appellant's claims were properly denied, the issue of effective assistance of counsel was not sufficiently developed and required exhaustion of state remedies.
• United States ex rel. Michael Katzoff v. McGINNIS
  441 F.2d 558· 2d Cir.· 1971-03-29 ·cited 10×
  A civil rights action for restoration of statutory good time should not be barred by the exhaustion requirement of 28 U.S.C. § 2254(b).
• Young v. Louie L. Wainwright
  439 F.2d 426· 5th Cir.· 1971-03-09 ·cited 10×
  The court held that a jury charge allowing inferences from unexplained possession of recently stolen property does not violate the Fifth Amendment, even if the defendant remains silent.
• Pine v. The State OF Mont. & W. J. Estelle, Jr.
  439 F.2d 1093· 9th Cir.· 1971-02-26 ·cited 10×
  Irregularities in a prisoner's arrest and extradition do not impair the court's power to recommit him under a lawful sentence. There is no federal constitutional right to counsel at parole revocation hearings.
• Brown v. Brierley
  438 F.2d 954· 3d Cir.· 1971-02-19 ·cited 10×·via Writ Of Habeas Corpus
  The court held that the Fourth Amendment does not prohibit the admission of evidence obtained when a suspect voluntarily relinquishes an item to police, even if the police harbored an undisclosed intent to conduct a ballistics test, as long as there was no coercion.
• Theriault v. Olin G. Blackwell
  437 F.2d 76· 5th Cir.· 1971-01-28 ·cited 10×
  The court held that the district court correctly denied the prisoner's petition for habeas corpus and other relief.
• Wilburn Jerome Gerberding v. Swenson
  435 F.2d 368· 8th Cir.· 1970-12-07 ·cited 10×
  The use of a constitutionally infirm prior conviction for sentence enhancement is harmless error if other valid prior convictions exist and are sufficient to support the enhancement.
• Mitchell v. Henderson
  432 F.2d 435· 5th Cir.· 1970-10-08 ·cited 10×
  The court held that the appellant's allegations entitled him to an evidentiary hearing and that venue was proper in the New Orleans Division.
• Dickie Lee Lawrence v. Lake F. Russell
  430 F.2d 718· 6th Cir.· 1970-09-04 ·cited 10×·via Application For Writ Of Habeas Corpus
  The court held that the petitioner's guilty plea was voluntary and that the district court's denial of the writ of habeas corpus was correct.
• Stella v. Selective Serv. Sys. OF the United States OF Am.
  427 F.2d 887· 2d Cir.· 1970-06-08 ·cited 10×·via Habeas Corpus Proceedings
  The court held that the district court correctly denied jurisdiction because the registrant's induction order was not a 'blatantly lawless' action or a 'clear departure from its statutory mandate'.