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. Alfred James Gary v. Follette
  418 F.2d 609· 2d Cir.· 1969-11-17 ·cited 6×·via Writ Of Habeas Corpus
  The court held that the arrest was lawful because the informant's tip, corroborated by the suspects' actions and the appellant's presence, provided probable cause.
• Braun v. Rhay
  416 F.2d 1055· 9th Cir.· 1969-09-15 ·cited 6×·via Writ Of Habeas Corpus
  The court held that a resentencing without counsel violates the Sixth Amendment, and prior convictions affecting probation eligibility can be challenged in federal habeas corpus even if valid when imposed.
• Schwartz v. Major General John Franklin
  412 F.2d 736· 9th Cir.· 1969-06-10 ·cited 6×
  The court held that the Congressional War Powers permit the retroactive application of 10 U.S.C. § 673a, which may result in a minimal breach of a reservist's contract or infringement of personal freedom.
• United States ex rel. Daniel Bolish v. Maroney
  409 F.2d 1404· 3d Cir.· 1969-04-24 ·cited 6×·via Writ Of Habeas Corpus
• Heath v. Louie L. Wainwright
  408 F.2d 1020· 5th Cir.· 1969-02-28 ·cited 6×
  The court affirmed the district court's denial of habeas corpus relief, finding no clear error in its factual findings or legal conclusions.
• Parker v. Comstock
  404 F.2d 746· 9th Cir.· 1968-12-18 ·cited 6×
  The court held that the denial of habeas corpus relief cannot be sustained solely on the ground that the applicant is challenging only the first of two consecutive sentences.
• Rhodus v. Patterson
  404 F.2d 890· 10th Cir.· 1968-12-12 ·cited 6×
  A prisoner is considered 'in custody' for habeas corpus purposes even if release is not immediate, allowing adjudication of constitutional claims.
• Kayton v. Louie L. Wainwright
  402 F.2d 471· 5th Cir.· 1968-11-04 ·cited 6×
  The court held that the denial of habeas corpus relief without a hearing was improper, as the petitioner's allegations required an evidentiary hearing.
• Woodington v. Mathews
  401 F.2d 125· 7th Cir.· 1968-09-20 ·cited 6×·via Writ Of Habeas Corpus
  The court affirmed the district court's denial of the writ of habeas corpus, holding that federal courts should defer to state court decisions on the merits when federal standards have been met.
• Ferenc v. Thursby
  212 So. 2d 887· Fla. 1st DCA· 1968-07-25 ·cited 6×·via Writ Of Habeas Corpus
  This case involves an appeal from a denial of a petition for a writ of habeas corpus. The appellate court granted the state's motion to quash the appeal, finding it frivolous because habeas corpus cannot be used to test the legality of an arrest before trial.
• Poole v. Cletus J. Fitzharris
  396 F.2d 544· 9th Cir.· 1968-06-12 ·cited 6×·via Writ Of Habeas Corpus
  The court held that a defense attorney can waive certain Sixth Amendment rights, like confrontation, as a matter of trial strategy, absent exceptional circumstances.
• Bennett v. Allen
  396 F.2d 788· 9th Cir.· 1968-06-12 ·cited 6×
  The court held that the complaint, seeking to invalidate a state conviction and restrain incarceration, should have been treated as a petition for a writ of habeas corpus, not a civil rights action.
• United States ex rel. Albert Jefferson v. Hon. Harold W. Follette
  396 F.2d 862· 2d Cir.· 1968-06-06 ·cited 6×
  The court held that the district court erred in dismissing the habeas corpus petition without a hearing, as the petitioner made a sufficient showing that he may have been denied the means to adequately develop facts at the state court hearing.
• Patterson v. Brown
  393 F.2d 733· 10th Cir.· 1968-04-30 ·cited 6×
  A federal habeas court has jurisdiction to consider constitutional claims despite state procedural default, unless the applicant deliberately bypassed state court procedures.
• United States ex rel. Ralph Staino, Jr. v. Brierly
  387 F.2d 597· 3d Cir.· 1967-12-29 ·cited 6×
  The court held that the use of a prisoner's silence as a "tacit admission" of guilt, under the circumstances of this case, violated the Fourteenth Amendment's due process clause.
• Wilson v. Honorable Stanley A. Weigel
  387 F.2d 632· 9th Cir.· 1967-12-01 ·cited 6×·via Habeas Corpus Proceedings
  The court held that while general discovery depositions are not authorized in habeas corpus proceedings, evidentiary depositions may be permissible under certain circumstances, and the district court's discretion in managing such proceedings should not be overridden by mandamus.
• Maness v. Swenson
  385 F.2d 943· 8th Cir.· 1967-11-17 ·cited 6×
  The court held that the petitioner's case should be remanded to the District Court to allow the Missouri courts an opportunity to consider whether the petitioner desired to appeal or knowingly waived his right to appeal, in light of evolving constitutional standards.
• United States ex rel. Alfred M. Wolak v. Howard A. Yeager (Warden)
  385 F.2d 478· 3d Cir.· 1967-11-06 ·cited 6×
  The court held that subjecting the defendant to a trial with the possibility of the death penalty, after a prior conviction with a recommendation of life imprisonment, constituted harmless constitutional error.
• Barbosa v. Wilson
  385 F.2d 319· 9th Cir.· 1967-10-30 ·cited 6×·via Application For Writ Of Habeas Corpus
  The court held that a prior conviction dismissed under California Penal Code § 1203.4 is still considered a felony for sentencing purposes under Health and Safety Code § 11501, and that the appellant was not deprived of due process.
• Anders v. Turner
  379 F.2d 46· 4th Cir.· 1967-05-29 ·cited 6×·via Application For Writ Of Habeas Corpus
  The District Court erred in holding that the withdrawal of an appeal constituted a waiver of a federal claim regarding an involuntary guilty plea, especially when state courts had addressed the claim on its merits.
• Norris v. Wilson
  378 F.2d 324· 9th Cir.· 1967-05-23 ·cited 6×·via Writ Of Habeas Corpus
  A conviction following a guilty plea is based solely on the plea, not on prior evidence, and forecloses collateral attack unless the plea was coerced.
• Ingle v. Cletus J. Fitzharris
  375 F.2d 398· 9th Cir.· 1967-02-24 ·cited 6×
• Humphries v. The State OF Okla. & the Dist. Court of Garvin Cnty.
  373 F.2d 200· 10th Cir.· 1967-02-13 ·cited 6×·via Application For Writ Of Habeas Corpus
  The court held that a discrepancy in the date of a waiver of rights, coupled with an allegation of duress and lack of counsel, warrants a hearing to determine the waiver's validity.
• Rosalio B. Montez v. Eyman
  372 F.2d 100· 9th Cir.· 1967-02-07 ·cited 6×
  The court held that the district court's finding of a knowing waiver of appeal was clearly erroneous and that the Arizona Supreme Court did not consider the merits of the appellant's claim regarding the mistrial denial.
• United States ex rel. Louis Roberts v. Hon. J. Edwin LaVALLEE
  373 F.2d 49· 2d Cir.· 1967-02-07 ·cited 6×
  The court held that the federal court should defer to state courts to determine the application of New York law regarding the denial of a free transcript of preliminary hearing minutes to an indigent defendant.
• Smith v. Wilson
  371 F.2d 681· 9th Cir.· 1967-01-18 ·cited 6×·via Writ Of Habeas Corpus
  The court held that the district court erred in dismissing the habeas corpus petition without resolving factual issues regarding exhaustion of state remedies and the applicability of McNally v. Hill.
• United States ex rel. Harry Baldridge v. Pate
  371 F.2d 424· 7th Cir.· 1966-12-16 ·cited 6×
• Litterio v. Parker
  369 F.2d 395· 3d Cir.· 1966-12-05 ·cited 6×·via Writ Of Habeas Corpus
  The court held that a motion under 28 U.S.C.A. § 2255 is the exclusive remedy for federal prisoners to attack their sentences, and failure to succeed on such a motion does not render it inadequate or ineffective.
• Ames v. Middlebrooks
  369 F.2d 113· 5th Cir.· 1966-12-02 ·cited 6×
  The court held that the prisoner had not exhausted his state remedies, thus federal habeas corpus relief was premature.
• Smallwood v. Warden, Maryland Penitentiary
  367 F.2d 945· 4th Cir.· 1966-09-26 ·cited 6×
  The court held that the petitioner's confession was involuntary due to coercive interrogation tactics and his intellectual deficiencies, thus violating his due process rights.
• Webb v. Beto
  362 F.2d 105· 5th Cir.· 1966-05-31 ·cited 6×
  The court held that the district court did not err in denying the writ of habeas corpus, as the prisoner's claims of constitutional violations were unsupported by evidence or were waived.
• Madison v. Tahash
  359 F.2d 60· 8th Cir.· 1966-04-18 ·cited 6×·via Writ Of Habeas Corpus
  The court denied the petitioner's application for a certificate of probable cause, affirming the district court's denial of the writ of habeas corpus.
• Carpenter v. Crouse
  358 F.2d 701· 10th Cir.· 1966-04-07 ·cited 6×·via Writ Of Habeas Corpus
  The court held that even if the Habitual Criminal Act was improperly applied, the petitioner is not entitled to immediate release because the enhanced sentence is separable from the original sentence for burglary and larceny.
• Wilkins v. United States
  351 F.2d 609· 5th Cir.· 1965-10-11 ·cited 6×
  A judgment of commitment is not void for lack of clarity regarding sentence commencement or service location when governed by federal statutes.
• Harris v. Otto C. Boles
  349 F.2d 607· 4th Cir.· 1965-08-17 ·cited 6×
  The court held that the recidivist sentence was void because the defendant was not duly cautioned as required by statute and because prior convictions used to support the sentence were void due to lack of counsel.
• United States ex rel. Aaron Robinson v. FAY
  348 F.2d 705· 2d Cir.· 1965-07-22 ·cited 6×
  The court held that a federal district court was justified in denying a habeas corpus hearing based on the state court record and that the petitioner was not denied constitutional rights regarding counsel at plea or sentencing.
• Kerrigan v. Palmer C. Scafati
  348 F.2d 187· 1st Cir.· 1965-07-01 ·cited 6×
  The court held that the district court erred in dismissing the habeas corpus petition without a full and fair hearing, requiring a remand for further proceedings.
• Saulsbury v. Lamoyne Green
  347 F.2d 828· 6th Cir.· 1965-06-25 ·cited 6×
  The court held that the petitioner's Fourth Amendment claim was adjudicated on the merits by the Ohio Supreme Court, and that Mapp v. Ohio is not retroactively applicable to convictions prior to its decision.
• Amos Black v. United States
  348 F.2d 159· 9th Cir.· 1965-06-25 ·cited 6×
• Saunders v. Buckhoe
  346 F.2d 558· 6th Cir.· 1965-06-10 ·cited 6×·via Writ Of Habeas Corpus
  The court held that the trial court had jurisdiction to try the defendant for assault with intent to commit armed robbery based on the information filed, and that the conviction was not void due to the lack of a grand jury indictment.
• Olson v. Tahash
  344 F.2d 139· 8th Cir.· 1965-04-06 ·cited 6×·via Writ Of Habeas Corpus
  The court held that the defendant failed to demonstrate a deprivation of federal constitutional rights, and thus the lower court properly denied his petition for a writ of habeas corpus.
• Burns v. Harris
  340 F.2d 383· 8th Cir.· 1965-01-27 ·cited 6×
  The court held that the Uniform Code of Military Justice's Articles 10 and 32 are not the military equivalent of Federal Rule of Criminal Procedure 5(a) and the Mallory principle, and therefore, pre-trial confinement without immediate charges or investigation does not invalidate
• Underwood v. Bomar
  335 F.2d 783· 6th Cir.· 1964-08-19 ·cited 6×
  The court held that the appellants' constitutional rights were not violated regarding counsel, representation adequacy, indictment validity, or awareness of their guilty plea.
• Huntington v. State OF Mich.
  334 F.2d 615· 6th Cir.· 1964-07-30 ·cited 6×·via Writ Of Habeas Corpus
  The court held that constitutional rights were not violated and affirmed the district court's denial of the habeas corpus petition.
• Austin v. United States
  334 F.2d 75· 6th Cir.· 1964-07-15 ·cited 6×·via Writ Of Habeas Corpus
  The court held that the district court's findings were supported by evidence and that the appellant's contentions lacked merit.
• Courtie U. Blakesley v. Crouse
  332 F.2d 849· 10th Cir.· 1964-06-19 ·cited 6×·via Writ Of Habeas Corpus
  The court held that the dismissal of the habeas corpus application was proper because the grounds raised were without merit and the defendant waived any right to a Kansas-licensed attorney.
• Yeaman v. United States
  326 F.2d 293· 9th Cir.· 1963-12-18 ·cited 6×·via Application For Writ Of Habeas Corpus
  The court held that a prior state sentence completed before the federal sentence was entered cannot be considered concurrent with the federal sentence. It also held that a hearing is not required when the merits of a habeas corpus petition can be determined from the record.
• Howerton v. Rivers
  326 F.2d 653· D.C. Cir.· 1963-11-21 ·cited 6×·via Writ Of Habeas Corpus
  The court held that the District Parole Board properly applied the D.C. Code in revoking parole and forfeiting good time, and that the issue of the recommitment date extending beyond the original maximum sentence is not yet ripe for review.
• Gentilli v. Louie L. Wainwright
  157 So. 2d 419· Fla.· 1963-11-06 ·cited 6×·via Writ Of Habeas Corpus
  Anthony Gentilli petitioned for habeas corpus challenging his murder conviction, arguing he was incompetent to stand trial. The Florida Supreme Court held that the trial court violated Florida law by failing to conduct a statutory sanity hearing before trial, despite having reaso
• Reed v. Rhay
  323 F.2d 498· 9th Cir.· 1963-10-14 ·cited 6×·via Writ Of Habeas Corpus
  The court held that the information charging burglary was valid and that the search and seizure did not violate the Constitution, affirming the lower court's denial of the habeas corpus petition.