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

• United States ex rel. Enrico Gentile v. Mancusi
  426 F.2d 238· 2d Cir.· 1970-04-13 ·cited 10×
  The court held that the relator's conclusory allegations of fear and prosecutorial threats did not warrant a federal habeas corpus hearing because he had not exhausted his state remedies for the latter claim and the former was insufficient.
• United States ex rel. Samuel Witt v. The Hon. J. Edwin LaVALLEE
  424 F.2d 421· 2d Cir.· 1970-04-07 ·cited 10×
  The court held that a defendant's failure to appeal due to not being informed of his appellate rights by assigned counsel is attributable to the state, requiring an evidentiary hearing.
• United States ex rel. Private Michael P. Healy v. Beatty
  424 F.2d 299· 5th Cir.· 1970-04-07 ·cited 10×·via Habeas Corpus Relief
  The court held that an applicant for conscientious objector discharge does not need to appeal to the Board for Correction of Military Records if no court-martial is pending, and that the Army's denial of discharge based on a lack of substantial change in religious beliefs subsequ
• United States ex rel. Charles Albert Holes v. Mancusi
  423 F.2d 1137· 2d Cir.· 1970-03-26 ·cited 10×
  The court held that the petitioner failed to present sufficient particularized allegations and supporting material to warrant a federal habeas corpus hearing on the voluntariness of his guilty plea.
• United States ex rel. Mark P. Sheldon v. Major General Charles S. O'Malley, Jr.
  420 F.2d 1344· D.C. Cir.· 1969-12-19 ·cited 10×
  The court held that the Army's denial of a conscientious objector discharge lacked a basis in fact when the applicant's sincerity was conceded and his objection was demonstrably rooted in religious training and belief, even if reinforced by personal moral considerations.
• Jones v. Smith
  420 F.2d 774· 5th Cir.· 1969-12-15 ·cited 10×
  The court held that the jury selection process, based on segregated tax digests, violated constitutional standards, requiring a new trial.
• United States ex rel. Robert A. Herrington v. Mancusi
  415 F.2d 205· 2d Cir.· 1969-08-25 ·cited 10×
  The court held that petitioners failed to establish that the New York Supreme Court lacked jurisdiction over their cases under state law, thus their due process claims were not reached.
• Bettie Jane Newhouse v. Misterly
  415 F.2d 514· 9th Cir.· 1969-08-20 ·cited 10×
  The court held that the petitioner's refusal to take a blood alcohol test was not a testimonial act protected by the Fifth Amendment, and the prosecution could comment on this refusal. The court also found no deliberate bypass of state remedies.
• Tandler v. Olin G. Blackwell
  412 F.2d 780· 5th Cir.· 1969-07-03 ·cited 10×
  A federal convict is not entitled to credit for time spent in jail pending appeal if they elected not to commence service of their sentence.
• Proctor v. Harris
  413 F.2d 383· D.C. Cir.· 1969-04-29 ·cited 10×·via Habeas Corpus Proceedings
  The court held that while an indigent patient and their counsel may be entitled to psychiatric assistance in preparing for an adversarial hearing, the record did not demonstrate a denial of such assistance in this specific case.
• Isiah Relford v. Commandant
  409 F.2d 824· 10th Cir.· 1969-04-23 ·cited 10×
  The court held that the military judicial system gave full and fair consideration to the petitioner's constitutional claims, and that the district court correctly denied the habeas petition.
• Louie L. Wainwright v. Coonts
  409 F.2d 1337· 5th Cir.· 1969-03-25 ·cited 10×
  A prison regulation barring inmates from assisting others in preparing legal papers is void if the state provides no reasonable alternative.
• Velton Watkins v. Wilson
  408 F.2d 351· 9th Cir.· 1969-02-20 ·cited 10×
  The court held that common representation of co-defendants is not per se error and that there was no Sixth Amendment conflict of interest violating the right to counsel.
• Sims v. Eyman
  405 F.2d 439· 9th Cir.· 1969-01-06 ·cited 10×
  The court held that Arizona's procedure for determining the death penalty, which allows judges to hear mitigation evidence upon a guilty plea but not juries in a trial, does not violate due process or equal protection. It also found that the jury selection process and the constit
• Streets v. Louie L. Wainwright
  402 F.2d 87· 5th Cir.· 1968-10-15 ·cited 10×·via Writ Of Habeas Corpus
  The court held that the factual allegations regarding a coerced guilty plea were sufficient to require an evidentiary hearing.
• French v. United States
  416 F.2d 1149· 9th Cir.· 1968-10-11 ·cited 10×·via Habeas Corpus Proceedings
  The court held that a trial judge has discretion to allow a late response to requests for admissions, relieving a party of default, and that illegally obtained evidence does not automatically invalidate a guilty plea unless it induced the plea.
• Ashe v. Swenson
  399 F.2d 40· 8th Cir.· 1968-07-30 ·cited 10×
  The court held that a state prisoner's federal habeas petition asserting double jeopardy was barred by the Supreme Court's existing precedent in Hoag v. New Jersey and Ciucci v. Illinois, which allowed consecutive prosecutions for separate offenses arising from the same occurrenc
• Imbler v. Oliver
  397 F.2d 277· 9th Cir.· 1968-07-17 ·cited 10×·via Writ Of Habeas Corpus
  A prisoner serving concurrent sentences is in custody under any of them for habeas corpus purposes, even if release would not result from a successful attack on one sentence.
• Wynn v. Page
  390 F.2d 545· 10th Cir.· 1968-03-08 ·cited 10×·via Application For Writ Of Habeas Corpus
  The court held that the trial court correctly denied the application to enforce its prior order because the prisoner had been released and was awaiting re-trial, and the prior order did not preclude re-trial.
• United States ex rel. Edgar H. Smith v. Yeager
  395 F.2d 245· 3d Cir.· 1968-01-02 ·cited 10×
• Atkins v. State OF Kan.
  386 F.2d 819· 10th Cir.· 1967-12-01 ·cited 10×
  A voluntary guilty plea waives all non-jurisdictional defenses, and a sentence imposed is the result of that plea, not prior evidence.
• Williams v. Beto
  386 F.2d 16· 5th Cir.· 1967-12-01 ·cited 10×
  The court held that a state's post-conviction hearing on the voluntariness of a confession, conducted in compliance with federal due process standards, is sufficient even if not explicitly authorized by state law at the time of the original trial.
• Fulwood v. Stone
  394 F.2d 939· D.C. Cir.· 1967-11-28 ·cited 10×
  The court held that while the Juvenile Court Act provides an adequate substitute for bail, the juvenile court must conduct a proper inquiry into the statutory criteria for pretrial detention to ensure the child's welfare and the public's safety.
• Huey R. LEE v. State OF Ala.
  373 F.2d 82· 5th Cir.· 1967-02-13 ·cited 10×·via Habeas Corpus Proceedings
  The court denied the motion for rehearing, holding that a prior state sanity hearing met the requirements of Townsend v. Sain, and no further federal hearing was required.
• Jewell C. Beasley v. Wilson
  370 F.2d 320· 9th Cir.· 1966-12-22 ·cited 10×
  The court held that the district court's finding that the appellant knowingly and intelligently waived his right to counsel was supported by the evidence.
• Mann v. Louie L. Wainwright
  191 So. 2d 867· Fla. 1st DCA· 1966-11-15 ·cited 10×·via Writ Of Habeas Corpus
  Mann sought habeas corpus relief attacking a consecutive sentence imposed by Alachua County while still serving a Broward County sentence. The court held that habeas corpus cannot be used to challenge a future consecutive sentence when the petitioner remains lawfully detained und
• United States ex rel. Anthony Bruno v. Ross E. Herold, M.D.
  368 F.2d 187· 2d Cir.· 1966-10-26 ·cited 10×
  The court held that the district court erred in denying the motion to vacate its prior order, as the courtroom clearing was a valid exercise of judicial discretion to maintain order and fairness.
• Martin v. United States
  364 F.2d 894· C.C.P.A.· 1966-08-12 ·cited 10×·via Writ Of Habeas Corpus
  The court held that a defendant's voluntary guilty plea waives claims about the minor nature of his role in the offense, and sentence disparity with a co-defendant is not an abuse of discretion if within legal limits.
• Whitaker v. Warden, Maryland Penitentiary
  362 F.2d 838· 4th Cir.· 1966-06-20 ·cited 10×
  The court held that the attorney's representation was likely influenced by conflicting interests, potentially depriving the defendant of effective assistance of counsel.
• Finan v. Crouse
  352 F.2d 507· 10th Cir.· 1965-11-12 ·cited 10×·via Writ Of Habeas Corpus
  The court held that the petitioner failed to exhaust state remedies and the delay did not constitute a due process violation.
• Logan Peter Rollins v. Haskins
  348 F.2d 454· 6th Cir.· 1965-07-01 ·cited 10×·via Writ Of Habeas Corpus
  Federal courts lack jurisdiction to hear a habeas corpus petition if the petitioner has not exhausted available state remedies, including the possibility of a delayed appeal.
• Smith v. State
  176 So. 2d 383· Fla. 3d DCA· 1965-06-22 ·cited 10×·via Habeas Corpus Proceedings
  Willie Thomas Smith was convicted of breaking and entering and grand larceny after a bench trial. He filed a petition to vacate claiming deprivation of a fair trial but alleged only legal conclusions without factual support. The appellate court affirmed the trial court's summary
• United States ex rel. LAM HAI Cheung v. Esperdy
  345 F.2d 989· 2d Cir.· 1965-05-27 ·cited 10×·via Writ Of Habeas Corpus
  A temporary parolee whose parole has expired is not entitled to a hearing prior to expulsion from the country.
• State of Fla. ex rel. Leno Joseph Risatti v. Eaton
  161 So. 2d 549· Fla. 2d DCA· 1964-03-11 ·cited 10×·via Writ Of Habeas Corpus
  Risatti, committed to a state hospital after acquittal by reason of insanity on a murder charge, petitioned for habeas corpus alleging illegal detention. The Florida appellate court denied the petition, finding the trial court's commitment order was legal and based on substantial
• United States ex rel. William J. Stacey v. Pate
  324 F.2d 934· 7th Cir.· 1963-11-21 ·cited 10×
  The court held that the voluntary surrender of a bloodstained shirt by the petitioner's wife, without a warrant, did not constitute an unlawful search, and therefore the petitioner's subsequent confession was not tainted by illegally obtained evidence.
• Bohm v. State OF Alaska
  320 F.2d 851· 9th Cir.· 1963-07-16 ·cited 10×·via Application For Writ Of Habeas Corpus
  The court held that the habeas corpus application must be dismissed because the State of Alaska was improperly named as the respondent instead of the warden of the penitentiary where the petitioner was held.
• Nolan v. Elbert V. Nash
  316 F.2d 776· 8th Cir.· 1963-05-08 ·cited 10×·via Application For Writ Of Habeas Corpus
  The court held that the District Court properly denied the application for a writ of habeas corpus without a hearing, as the issues raised were previously decided and the record supported those determinations.
• Battista v. Kenton
  312 F.2d 167· 2d Cir.· 1963-01-10 ·cited 10×
  A prisoner transferred to federal custody under 18 U.S.C. § 5003 is still considered a state prisoner for habeas corpus purposes and must exhaust state remedies before seeking federal relief. The application for a certificate of probable cause is denied.
• Deitle v. United States
  302 F.2d 116· 7th Cir.· 1962-04-27 ·cited 10×·via Writ Of Habeas Corpus
  The court held that the district court did not abuse its discretion in denying the defendant's motions and fully complied with the Supreme Court's mandate for a hearing.
• Greer v. Culver
  113 So. 2d 386· Fla.· 1959-06-26 ·cited 10×·via Writ Of Habeas Corpus
  The court held that the petitioner's second conviction for issuing a worthless check constituted a misdemeanor, not a felony, and that the maximum sentence for that offense had already expired, entitling him to release.
• Northcutt v. Wilkinson
  266 F.2d 2· 5th Cir.· 1959-04-30 ·cited 10×·via Writ Of Habeas Corpus
  The court held that the appellant's forfeited good time, when added to the days he was prematurely released, correctly calculated the remaining sentence, thus denying his habeas corpus petition.
• Irvin v. Dowd
  251 F.2d 548· 7th Cir.· 1958-01-29 ·cited 10×·via Writ Of Habeas Corpus
  The court affirmed the denial of the habeas corpus petition, finding that the petitioner had not exhausted state remedies and that the Indiana Supreme Court's decision was not subject to review in this federal proceeding.
• United States ex rel. Willie Lowery v. Murphy
  245 F.2d 751· 2d Cir.· 1957-06-26 ·cited 10×·via Writ Of Habeas Corpus
  The court denied the petition for a certificate of probable cause, appointment of counsel, and leave to appeal in forma pauperis.
• Cruz-Sanchez v. Robinson
  249 F.2d 771· 9th Cir.· 1957-06-15 ·cited 10×·via Writ Of Habeas Corpus
• Simpson v. Harley O. Teets
  239 F.2d 890· 9th Cir.· 1956-11-07 ·cited 10×
  The court held that the denial of a habeas corpus petition without opinion does not mean the petition was not considered.
• United States v. Holton
  222 F.2d 840· 7th Cir.· 1955-06-01 ·cited 10×·via Writ Of Habeas Corpus
  The court held that the Board of Immigration Appeals erred in reversing the Special Inquiry Officer's finding, as the deportation order was not based on reasonable, substantial, and probative evidence.
• Caryl Chessman v. Harley O. Teets
  221 F.2d 276· 9th Cir.· 1955-04-07 ·cited 10×·via Application For Writ Of Habeas Corpus
  The court held that the appellant was not denied due process and waived his right to counsel.
• United States ex rel. Silvio de Vita v. McCORKLE
  216 F.2d 743· 3d Cir.· 1954-11-19 ·cited 10×
  The court held that a district judge must examine the full state court record, not just the opinion, when considering a habeas corpus petition, especially when the state court's consideration of the issues is questioned.
• Rodriguez v. Landon
  212 F.2d 508· 9th Cir.· 1954-04-28 ·cited 10×
  The court held that the complaint failed to state a claim upon which relief could be granted, and thus the district court properly dismissed the action.
• United States ex rel. Belfrage v. Shaughnessy
  212 F.2d 128· 2d Cir.· 1954-04-09 ·cited 10×
  The court held that the administrative denial of bail was arbitrary and unreasonable, lacking a rational basis.