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

• Marston v. Oliver
  485 F.2d 705· 4th Cir.· 1973-10-09 ·cited 6×
  The court held that the Supreme Court's decision in Argersinger v. Hamlin, requiring counsel for misdemeanor convictions resulting in imprisonment, should not be applied retroactively to permit challenges to prior convictions solely for their collateral civil consequences, such a
• Trimble v. Stynchcombe
  481 F.2d 1175· 5th Cir.· 1973-07-31 ·cited 6×·via Writ Of Habeas Corpus
  The court held that an erroneous jury instruction shifting the burden of proof on alibi is not harmless error beyond a reasonable doubt.
• Kelley v. Swenson
  481 F.2d 86· 8th Cir.· 1973-06-22 ·cited 6×
  The court held that the petitioner had not failed to exhaust state remedies by not seeking a rehearing en banc, as Missouri law does not grant an absolute right to such review when only the application of established federal constitutional principles is involved.
• Torres v. State
  477 F.2d 555· 5th Cir.· 1973-05-07 ·cited 6×·via Habeas Corpus Relief
  The court held that the petitioner's constitutional right to a speedy trial was not denied despite a seventeen-month delay between arrest and trial.
• United States v. People OF the State OF Ill.
  473 F.2d 1382· 7th Cir.· 1973-02-16 ·cited 6×
  A guilty plea is voluntary and understandingly entered if the defendant is admonished of the maximum possible sentence, even if the judge fails to explain the difference between concurrent and consecutive sentences.
• Broxson v. Louie L. Wainwright
  271 So. 2d 478· Fla. 1st DCA· 1973-01-10 ·cited 6×·via Writ Of Habeas Corpus
  The court held that the doctrine of laches applies to preclude a belated appeal in this habeas corpus proceeding.
• Geboy v. Gray
  471 F.2d 575· 7th Cir.· 1973-01-05 ·cited 6×·via Habeas Corpus Relief
  The court held that the combined effect of belated counsel appointment and inadequate representation at a juvenile waiver hearing raises a question of fact as to whether the juvenile and his parents knowingly and intelligently waived procedural defects and juvenile court jurisdic
• Anivel J. Gomes v. Gaughan
  471 F.2d 794· 1st Cir.· 1973-01-04 ·cited 6×
  The court held that the petitioner's Fifth Amendment double jeopardy claim failed because the prison sentence and civil commitment were distinct, and the 1967 commitment was based on a fresh diagnosis. The court also held that the petitioner's Sixth Amendment right to counsel did
• Dietrich v. Captain G. L. Tarleton
  473 F.2d 177· D.C. Cir.· 1972-11-29 ·cited 6×
  The court held that the Navy's denial of a conscientious objector discharge application, based in part on invalid grounds, must be reconsidered on a record free of legal taint.
• Mays v. Nelson
  464 F.2d 585· 9th Cir.· 1972-07-24 ·cited 6×
  The court held that the failure to provide assistance of counsel during parole revocation proceedings violated due process.
• Perez v. Turner
  462 F.2d 1056· 10th Cir.· 1972-07-17 ·cited 6×·via Writ Of Habeas Corpus
  The court held that the inmate's confinement in prison, despite sexual assaults, did not constitute cruel and unusual punishment violating the Eighth Amendment, and thus habeas corpus relief was not warranted.
• Conte v. Cardwell
  475 F.2d 698· 6th Cir.· 1972-06-29 ·cited 6×·via Petition For Habeas Corpus Relief
  The court held that the affidavits were insufficient to support a delayed filing of the motion to reconsider, and the petition to rehear would be denied for untimely filing.
• Dombrowski v. Cady
  471 F.2d 280· 7th Cir.· 1972-06-02 ·cited 6×
  The court held that the warrantless search of the Ford's trunk was unreasonable and that evidence seized from it tainted the conviction, requiring reversal of the habeas denial.
• LeDENT v. Wolff
  460 F.2d 1001· 8th Cir.· 1972-05-19 ·cited 6×
  The court held that a federal court should not rule on a habeas corpus petition raising a Fourth Amendment search warrant issue until the petitioner has fully exhausted state remedies for claims regarding the truthfulness of the affidavit supporting the warrant.
• Taylor v. Elliott
  458 F.2d 979· 5th Cir.· 1972-04-14 ·cited 6×·via Writ Of Habeas Corpus
• Wilburn v. Warden L. S. Nelson
  458 F.2d 502· 9th Cir.· 1972-03-02 ·cited 6×·via Writ Of Habeas Corpus
  Assistance of counsel is not an essential element of due process in all parole revocation hearings.
• Brinks v. State OF Ala. & W. S. Furlow
  465 F.2d 446· 5th Cir.· 1972-03-01 ·cited 6×
  The court held that the evidence presented met the standard for reasonable doubt of the accused's sanity, and the trial court erred in denying the statutory sanity inquiry.
• Glass v. Heyd
  457 F.2d 562· 5th Cir.· 1972-02-07 ·cited 6×
  The court held that the refusal to reveal names was unjustified, and the finding of contempt was correct.
• Young v. State OF Md.
  455 F.2d 679· 4th Cir.· 1972-02-07 ·cited 6×·via Habeas Corpus Relief
  The admission of the trenchcoat, even if illegally seized, was harmless error beyond a reasonable doubt because the defendant admitted the act of intercourse and wearing the coat, and the coat's stains did not prejudice his defense.
• Edwards v. Swenson
  454 F.2d 1106· 8th Cir.· 1972-01-14 ·cited 6×
  The court held that the confession was voluntarily given and admissible, and that the arrest, even if illegal, did not taint the confession or render the trial unfair.
• Erving v. Sigler
  453 F.2d 843· 8th Cir.· 1972-01-14 ·cited 6×
  The court held that the state trial judge's ruling overruling an objection to a confession did not constitute a reliable determination of voluntariness as required by Jackson v. Denno.
• Ottis Mayo Jones v. United States
  453 F.2d 351· 5th Cir.· 1972-01-07 ·cited 6×·via Writ Of Habeas Corpus
  The court held that the district court did not abuse its discretion in denying the various motions and that the rulings were without error.
• Jones v. Cupp
  452 F.2d 1091· 9th Cir.· 1971-12-29 ·cited 6×·via Application For Writ Of Habeas Corpus
  The court held that a guilty plea is valid even if induced by a prior coerced confession, provided the plea itself was voluntary and intelligently entered with competent counsel. It also held that the prospective application of a reduced criminal penalty does not violate equal pr
• Doll Holloway v. Louie L. Wainwright
  451 F.2d 149· 5th Cir.· 1971-11-16 ·cited 6×
  The court held that the appellant's petition for habeas corpus was properly denied because his claim of non-compliance with Florida Statutes § 932.38 did not rise to a constitutional level and he had not exhausted state remedies for other claims.
• Short v. Cardwell
  444 F.2d 1368· 6th Cir.· 1971-07-07 ·cited 6×
  The court held that the district judge erred in denying an evidentiary hearing on the appellant's claims of prejudice due to delay and deprivation of counsel, vacating the judgment and remanding for such a hearing.
• Grover Cleveland McDANIEL v. Sheriff OF Dallas Cnty. & State of Tex.
  445 F.2d 851· 5th Cir.· 1971-06-24 ·cited 6×
  The court held that a habeas corpus petition is not moot even if the sentence has been served, and the petitioner is entitled to adjudication on the merits if state remedies are exhausted.
• Reed v. Turner
  444 F.2d 206· 10th Cir.· 1971-06-07 ·cited 6×
  The court held that a guilty plea induced by promises of leniency is involuntary and subject to collateral attack, but the immediate release of the petitioner was an abuse of discretion.
• Ridge v. Turner
  444 F.2d 3· 10th Cir.· 1971-06-07 ·cited 6×
  The court held that the district court's finding of a coerced guilty plea was supported by the evidence, but the order for immediate discharge was improper.
• Eskridge v. United States
  443 F.2d 440· 10th Cir.· 1971-06-07 ·cited 6×·via Habeas Corpus Relief
  The court held that the trial court was justified in denying the appellant's petition to set aside guilty pleas and convictions without an evidentiary hearing.
• Mitchell v. Salisbury
  443 F.2d 324· 6th Cir.· 1971-06-04 ·cited 6×·via Application For Writ Of Habeas Corpus
  The court affirmed the district court's finding that the petitioner had filed a timely notice of appeal, but modified the order to avoid directing the state court's actions.
• Thomason v. Smith
  442 F.2d 1330· 5th Cir.· 1971-05-26 ·cited 6×
  The court held that the federal district court improperly ruled on the prisoner's allegations without first determining if state remedies had been exhausted.
• United States ex rel. Edwin Walker v. Maroney
  444 F.2d 47· 3d Cir.· 1971-05-24 ·cited 6×·via Writ Of Habeas Corpus
  The court held that the Supreme Court's decision in Coleman v. Alabama should not be applied retroactively to the relator's preliminary hearing.
• United States ex rel. William W. Crossman v. Pate
  440 F.2d 535· 7th Cir.· 1971-03-11 ·cited 6×
  The court held that the record conclusively demonstrated the petitioner was competent to enter a guilty plea and was not entitled to an evidentiary hearing.
• Rhinehart v. Rhay
  440 F.2d 718· 9th Cir.· 1971-03-11 ·cited 6×
  The court held that the district court's standard of state prosecutorial conduct was unrealistic and reversed the judgment ordering retrial or release.
• Polsky v. Major General Roderick Wetherill
  438 F.2d 132· 10th Cir.· 1971-02-24 ·cited 6×
  The dissenting judge would hold that the prior ruling does not bar a hearing on a habeas petition when the government waives the exhaustion of military remedies.
• United States ex rel. Charles Bishop H-4971 v. Rundle
  437 F.2d 204· 3d Cir.· 1971-01-12 ·cited 6×
  The court held that the confession was admissible as it was voluntary and the arrest was supported by probable cause, and that the issue of counsel at juvenile certification was not properly preserved.
• State of Fla. ex rel. v. Purdy
  242 So. 2d 498· Fla. 3d DCA· 1971-01-05 ·cited 6×·via Writ Of Habeas Corpus
  A Florida appellate court rejected a class action petition for habeas corpus relief filed by an incarcerated individual claiming that he and others similarly situated were denied notice of their right to counsel at preliminary hearings. The court held that class actions are not a
• United States ex rel. Louis Henry Burns v. LaVALLEE
  436 F.2d 1352· 2d Cir.· 1970-12-21 ·cited 6×
  The court held that the written statement obtained from the appellant was involuntary as a matter of federal constitutional law, despite state court findings to the contrary.
• United States ex rel. Malachi Beard, Jr. v. Rundle
  434 F.2d 588· 3d Cir.· 1970-12-04 ·cited 6×
  The court held that the defendant failed to prove indigency and therefore was not entitled to appointed counsel on appeal. Furthermore, the court found that the defendant had not exhausted his state remedies on the issue of counsel's alleged ineffectiveness.
• Schram v. Hoyt C. Cupp
  436 F.2d 692· 9th Cir.· 1970-11-25 ·cited 6×
  The dissenting judge believes the majority erred by not granting a hearing to assess the credibility of the petitioner's assertion of non-knowing waiver of counsel.
• Petition of Alphonse Vincent Castaldi for a Writ of Habeas Corpus. Alphonse Vincent Castaldi
  428 F.2d 371· 8th Cir.· 1970-06-24 ·cited 6×·via Writ Of Habeas Corpus
  The court held that the Parole Board has discretion to delay the execution of a parole violator warrant, and the delay in this case was not unreasonable.
• United States ex rel. William Cadogan v. Hon. J. Edwin LaVALLEE
  428 F.2d 165· 2d Cir.· 1970-06-05 ·cited 6×
  The court held that the denial of the suppression hearing transcript was harmless error given the overwhelming evidence of guilt and the transcript's lack of exculpatory value.
• Brown v. State OF Ark.
  426 F.2d 677· 8th Cir.· 1970-05-12 ·cited 6×
  The court held that the petition must be dismissed because the petitioner is no longer in custody under the Arkansas conviction, and thus there is no proper party in Arkansas to defend the habeas corpus petition.
• Fortunat J. Michaud v. Robbins
  424 F.2d 971· 1st Cir.· 1970-04-22 ·cited 6×
  The court held that the petitioner's will was not overborne by police conduct during the 1955 interrogation, and therefore, admitting his confessions did not violate due process.
• O'Hara v. Louie L. Wainwright
  233 So. 2d 429· Fla. 2d DCA· 1970-03-25 ·cited 6×·via Writ Of Habeas Corpus
  Willie O'Hara filed a petition for habeas corpus challenging the legality of his conviction for a criminal offense after jury trial. The Florida District Court of Appeal issued the writ and appointed a circuit judge as commissioner to take testimony and resolve factual disputes b
• United States ex rel. Lee Pao FEN v. Esperdy
  423 F.2d 6· 2d Cir.· 1970-03-12 ·cited 6×·via Application For Writ Of Habeas Corpus
  The court held that the denial of a stay of deportation was not an abuse of discretion, as the alien's conduct was dilatory and lacked good faith.
• Riley v. Perini
  422 F.2d 397· 6th Cir.· 1970-02-27 ·cited 6×·via Writ Of Habeas Corpus
  Federal courts may only review state parole board actions for constitutional violations, not for abuse of discretion.
• Darrel F. Parker v. Sigler
  419 F.2d 827· 8th Cir.· 1969-12-30 ·cited 6×
  Courts of Appeals lack jurisdiction to entertain original petitions for habeas corpus.
• Euge v. J. Earl Smith, M.D.
  418 F.2d 1296· 8th Cir.· 1969-12-10 ·cited 6×·via Writ Of Habeas Corpus
  A federal court cannot grant an injunction to stay state court proceedings except in limited circumstances, and this case does not fall within those exceptions.
• Goodwin v. Page
  418 F.2d 867· 10th Cir.· 1969-11-18 ·cited 6×
  The court held that a consecutive sentence for a subsequent crime runs independently of a prior conviction that is later declared void.