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. Brodie Byron Davis v. Henderson
  474 F.2d 1098· 5th Cir.· 1973-03-08 ·cited 8×
  The court held that while most of petitioner's claims were without merit, his contention regarding the systematic exclusion of blacks from jury service required further investigation in light of a recent Supreme Court decision.
• Griffin v. Cal. Adult Auth.
  464 F.2d 602· 9th Cir.· 1972-07-24 ·cited 8×
  The court held that the district court's dismissal of the habeas corpus petition was premature because the prisoner's claims regarding denial of counsel and confrontation rights at parole revocation required further factual development.
• Matthews v. State
  463 F.2d 679· 5th Cir.· 1972-07-17 ·cited 8×
  The court held that the case is not moot because the appellant suffered collateral consequences from his conviction, despite his release from jail and payment of fines.
• Bartley v. Commonwealth OF Ky.
  462 F.2d 610· 6th Cir.· 1972-06-21 ·cited 8×
  The court held that even if the petitioner was indigent, the undisputed facts showed he knowingly and voluntarily waived his right to appeal, making the cited cases inapplicable.
• Bowman v. Louie L. Wainwright
  460 F.2d 1298· 5th Cir.· 1972-06-01 ·cited 8×
  The court held that the petitioner deliberately bypassed available state court remedies by failing to raise his intoxication claim at trial or on direct appeal, thus forfeiting his right to federal habeas corpus relief.
• Goodspeed v. Beto
  460 F.2d 398· 5th Cir.· 1972-05-16 ·cited 8×
  The court held that most of the petitioner's claims were without merit or previously decided, but remanded for an evidentiary hearing on the issue of being tried in prison garb.
• Henderson v. Tollett
  459 F.2d 237· 6th Cir.· 1972-04-20 ·cited 8×
  A guilty plea does not waive the right to challenge a grand jury indictment based on systematic racial exclusion if neither the defendant nor counsel knew of this right at the time of the plea.
• Keeny v. Swenson
  458 F.2d 680· 8th Cir.· 1972-04-20 ·cited 8×·via Writ Of Habeas Corpus
  The court held that the petitioner's claims regarding denial of speedy trial, illegal search and seizure, unfair jury, and erroneous sentencing did not present grounds for federal habeas corpus relief.
• Armstrong v. Cardwell
  457 F.2d 34· 6th Cir.· 1972-03-20 ·cited 8×
  The court held that while claims regarding prison treatment are generally cognizable in habeas corpus, the petitioner's specific claim of denial of access to courts was moot and other claims lacked merit, thus affirming the denial of the writ.
• MacOn v. Craven
  457 F.2d 342· 9th Cir.· 1972-02-09 ·cited 8×
  A defendant is entitled to an evidentiary hearing on a habeas corpus petition if their guilty plea may have been induced by a prosecutor's unkept promise.
• Wilson v. Lash
  457 F.2d 106· 7th Cir.· 1972-02-03 ·cited 8×
  The court held that the district court did not err in dismissing the habeas corpus petition because the petitioner failed to prove constitutional violations regarding prejudicial publicity or his attorney's conflict of interest.
• Braden v. 30TH Jud. Cir. Court OF the Commonwealth OF Ky.
  454 F.2d 145· 6th Cir.· 1972-01-18 ·cited 8×
  A federal district court lacks jurisdiction to issue a writ of habeas corpus for a petitioner not physically present within its territorial limits.
• Hill v. Warden Bay H. Page & The State of Okla.
  454 F.2d 679· 10th Cir.· 1971-12-28 ·cited 8×
  The court held that the trial courts correctly denied relief to both petitioners, affirming their decisions.
• Manuel v. Salisbury
  446 F.2d 453· 6th Cir.· 1971-07-19 ·cited 8×
  The court held that a mere possibility of communication between a prosecutor and an attorney with whom the defendant discussed his case is insufficient to establish a due process violation without proof of actual prejudice or disclosure.
• Langdeau v. State OF S.D. & Its Agents
  446 F.2d 507· 8th Cir.· 1971-06-30 ·cited 8×
  The court held that the petitioner's guilty plea was intelligently and voluntarily entered, despite alleged coercive jail conditions, and that the issue of preconviction bail was rendered moot by the conviction.
• Autry v. Wiley
  440 F.2d 799· 1st Cir.· 1971-04-13 ·cited 8×
  The court held that the petitioner's claim of a treaty violation did not divest the court of jurisdiction, as the alleged violation fell outside the narrow exceptions to the general rule that the method of apprehension is irrelevant to jurisdiction. The court also found that the
• Arbuckle v. Turner
  440 F.2d 586· 10th Cir.· 1971-04-08 ·cited 8×
  The court held that the appellant's guilty plea was valid, as it was entered voluntarily and intelligently, and the trial court's findings were supported by the record.
• Dodd v. United States Marshal & Wash. State Bd. of Paroles & Pardons & Dir.
  439 F.2d 774· 2d Cir.· 1971-03-22 ·cited 8×·via Application For Writ Of Habeas Corpus
  A federal prisoner is not considered 'in custody' of a state for habeas corpus purposes unless that state has filed a detainer with the prisoner's custodian.
• Valdez v. People OF the State OF Cal.
  439 F.2d 1405· 9th Cir.· 1971-03-19 ·cited 8×
  The District Court erred in summarily denying the habeas corpus petition without an evidentiary hearing or reviewing the state court record.
• Dennis v. Henderson
  435 F.2d 1288· 5th Cir.· 1970-12-18 ·cited 8×
  The court held that the district court's denial of the petition for habeas corpus was not erroneous, affirming the lower court's decision.
• Malone v. Louie L. Wainwright
  433 F.2d 927· 5th Cir.· 1970-11-13 ·cited 8×
  The court held that the district court erred in not considering the denial of counsel issue and in failing to make operative findings of fact regarding the arrest.
• United States ex rel. Murray Dickerson v. Rundle
  430 F.2d 462· 3d Cir.· 1970-07-21 ·cited 8×·via Writ Of Habeas Corpus
  The dissenting judge argues that the bring-up proceeding, authorized by a judicial officer, constituted a critical stage requiring counsel, making the subsequent confession inadmissible.
• Application of Dennis A. Tavlos
  429 F.2d 859· 5th Cir.· 1970-07-13 ·cited 8×
  The dissenting judge believes there was a factual basis for the Army's denial of the discharge application, which would require affirming the district court's judgment.
• Olvera v. Beto
  429 F.2d 131· 5th Cir.· 1970-07-02 ·cited 8×·via Application For Writ Of Habeas Corpus
  The court held that the case should be remanded to allow Texas state courts an opportunity to interpret the application of Burgett v. Texas to the penalty stage of a bifurcated trial, citing principles of comity and federalism.
• United States ex rel. Victor Amuso v. LaVALLEE
  427 F.2d 328· 2d Cir.· 1970-06-01 ·cited 8×
  The court held that the petitioner's guilty plea was not unconstitutionally obtained, as it was not conditioned on a waiver of his right to appeal.
• Pope v. Turner
  426 F.2d 783· 10th Cir.· 1970-05-26 ·cited 8×
  The court held that the district court erred in dismissing the habeas corpus petition without a hearing, as the petition raised substantial factual issues requiring resolution.
• von Utter v. Tulloch
  426 F.2d 1· 1st Cir.· 1970-05-14 ·cited 8×
  The court held that the search warrant was invalid because the affidavit did not establish probable cause, and the subsequent arrest was tainted by the invalid warrant.
• Darwin Murphy v. Turner
  426 F.2d 422· 10th Cir.· 1970-05-08 ·cited 8×·via Application For Writ Of Habeas Corpus
  The court held that parole revocation hearings do not require the full panoply of due process rights, only general fairness, and that the Board's actions met this standard.
• Forbes v. Louie L. Wainwright
  425 F.2d 724· 5th Cir.· 1970-04-28 ·cited 8×
  The court held that the appeal was timely filed and that the appellant was denied no federally protected right, affirming the district court's denial of habeas corpus relief.
• Savage v. U. S. Parole Bd.
  422 F.2d 1248· 6th Cir.· 1970-03-06 ·cited 8×·via Writ Of Habeas Corpus
  The court held that the prisoner was not entitled to unconditional release due to the delay in executing the parole violator warrant, as the delay was justified by awaiting the outcome of a new criminal charge.
• Harris v. Hayden J. Dees
  421 F.2d 1079· 5th Cir.· 1970-01-30 ·cited 8×
  The court held that the petitioner's claims of ineffective assistance of counsel and due process violations regarding identification were without merit.
• Hansen v. Mathews
  424 F.2d 1205· 7th Cir.· 1970-01-29 ·cited 8×
  The court held that the petitioner's contentions regarding his guilty plea being involuntary, unknowing, or impeached were without merit, affirming the denial of his habeas corpus petition.
• Dearinger v. Rhay
  421 F.2d 1086· 9th Cir.· 1970-01-28 ·cited 8×·via Application For Writ Of Habeas Corpus
  The court held that the applicant lacked standing to challenge the legality of his companion's arrest, as any illegality did not violate the applicant's rights.
• VIA v. Perini
  415 F.2d 1052· 6th Cir.· 1969-09-18 ·cited 8×·via Writ Of Habeas Corpus
  The court held that the appellant's claims were not properly before the court or had not exhausted state remedies, and thus the petition for a writ of habeas corpus was correctly denied.
• Bratcher v. McNAMARA
  415 F.2d 760· 9th Cir.· 1969-08-12 ·cited 8×·via Application For Writ Of Habeas Corpus
  A military enlistee seeking discharge as a conscientious objector must exhaust available administrative remedies before seeking federal court relief.
• United States ex rel. Charles Pennington v. Pate
  409 F.2d 757· 7th Cir.· 1969-04-17 ·cited 8×
  The court concurred in the result, finding that while appointment of counsel for discretionary appeals is generally required, Illinois' post-conviction procedures provide an adequate substitute for indigents.
• United States ex rel. Charles Kenny v. Hon. Harold W. Follette
  410 F.2d 1276· 2d Cir.· 1969-03-25 ·cited 8×
  The court held that the petitioner deliberately abandoned his right to challenge the validity of his prior conviction by failing to utilize available state procedures, despite being informed of his right to do so.
• Velasquez v. Rhay
  408 F.2d 9· 9th Cir.· 1969-02-13 ·cited 8×
  A petitioner convicted of possessing seized property has standing to challenge the constitutionality of the search and seizure, even if they deny ownership of the premises.
• Robinson v. United States
  394 F.2d 823· 6th Cir.· 1968-05-23 ·cited 8×·via Habeas Corpus Relief
  The court held that the Petitioner's conviction remains valid under the Federal Kidnaping Act, as he does not fall into the categories of defendants whose convictions can be contested following the Supreme Court's decision in United States v. Jackson.
• Kerr v. Dutton
  393 F.2d 79· 5th Cir.· 1968-03-22 ·cited 8×·via Habeas Corpus Relief
  The denial of appointed counsel at a preliminary hearing in Georgia does not violate constitutional rights because the hearing is not a critical stage.
• Litton v. Beto
  386 F.2d 820· 5th Cir.· 1967-12-15 ·cited 8×
  The court held that a federal court must grant an evidentiary hearing on a habeas corpus petition alleging a guilty plea was induced by intimidation regarding prior convictions.
• Haggard v. Henderson
  382 F.2d 288· 6th Cir.· 1967-08-30 ·cited 8×
• Stem v. Turner
  370 F.2d 895· 4th Cir.· 1966-12-09 ·cited 8×
  The court held that the district judge should have granted a plenary hearing on the appellant's claims of ineffective counsel, particularly regarding the failure to object to evidence obtained from a warrantless search.
• Helms v. Olin Blackwell
  367 F.2d 149· 5th Cir.· 1966-10-10 ·cited 8×·via Writ Of Habeas Corpus
  The court held that a district court has the authority to treat a habeas corpus motion as a motion to vacate and correct a sentence under 28 U.S.C.A. § 2255 and to resentence the defendant.
• State of Fla. ex rel. Joseph J. Springer v. Montie Smith
  189 So. 2d 846· Fla. 4th DCA· 1966-09-02 ·cited 8×·via Writ Of Habeas Corpus
  A city ordinance adopting by reference all present and future state misdemeanors is valid, and challenges to the sufficiency of charges should be brought via a motion to quash, not a petition for writ of habeas corpus.
• United States ex rel. Codarre v. Gilligan
  363 F.2d 961· 2d Cir.· 1966-06-28 ·cited 8×·via Writ Of Habeas Corpus
  The court held that the petitioner was not denied due process regarding his guilty plea to murder.
• United States ex rel. Erskine Gates v. Pate
  355 F.2d 879· 7th Cir.· 1966-01-20 ·cited 8×·via Writ Of Habeas Corpus
  The court held that the relator's constitutional rights were not violated and he received a fair trial, affirming the denial of his petition for a writ of habeas corpus.
• White v. Parker L. Hancock
  355 F.2d 262· 1st Cir.· 1966-01-17 ·cited 8×
  The court held that the district court erred in dismissing the habeas corpus petition without a hearing, as the evidence regarding the defendant's waiver of rights was inconclusive.
• Elgin Campbell v. United States
  355 F.2d 394· 7th Cir.· 1966-01-06 ·cited 8×·via Habeas Corpus (28 U.S.C. § 2255)
  A petitioner's waiver of a direct appeal forecloses collateral attack on issues that could have been raised on direct appeal, even if those issues involve constitutional rights.
• Bland v. State OF Ala.
  356 F.2d 8· 5th Cir.· 1965-12-27 ·cited 8×