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

• Rhenna Navajo Edwards v. The State OF Okla.
  577 F.2d 1119· 10th Cir.· 1978-06-13 ·cited 4×
  The federal district court erred in dismissing the habeas petition without an evidentiary hearing, as the state court's hearing on the motion to suppress was not full and fair.
• Wolfrath v. LaVALLEE
  576 F.2d 965· 2d Cir.· 1978-05-09 ·cited 4×
  The court held that the petitioner failed to meet his burden of proving his confession was involuntary, as the totality of the circumstances, including the absence of coercive police tactics and the petitioner's apparent alertness, outweighed expert conjecture about drug effects.
• Chilembwe v. Wyrick
  574 F.2d 985· 8th Cir.· 1978-05-08 ·cited 4×
  The court held that a preliminary revocation hearing is not required when a probationer's violation, such as leaving the state without permission, provides sufficient probable cause.
• Hanks v. Louie L. Wainwright
  360 So. 2d 783· Fla. 1st DCA· 1978-04-21 ·cited 4×
  Inmate's habeas corpus petition challenging forfeiture of gain-time without notice or hearing following escape conviction is denied because Florida Supreme Court previously upheld the constitutionality of the statute permitting such forfeiture based on judicial determination of g
• Freeman v. Mabry
  570 F.2d 813· 8th Cir.· 1978-02-17 ·cited 4×·via Writ Of Habeas Corpus
  The court held that the denial of a continuance to a newly retained attorney, despite limited preparation time, did not violate the appellants' Sixth and Fourteenth Amendment right to effective assistance of counsel.
• Carroll Lee Wyatt v. United States Parole Comm'n
  571 F.2d 1089· 9th Cir.· 1977-11-30 ·cited 4×·via Writ Of Habeas Corpus
  The court held that the consolidation of habeas corpus petitions was proper and that the claim regarding improper detainer review under a statute not yet in effect was misplaced, but remanded for further fact development on the detainer review under prior law.
• Lovelace v. Louie L. Wainwright
  352 So. 2d 907· Fla. 1st DCA· 1977-11-23 ·cited 4×·via Writ Of Habeas Corpus
  Defendant Lovelace challenged his conviction based on a bare allegation that his guilty plea was entered involuntarily and unknowingly, five and a half years after sentencing. The appellate court affirmed, holding that a defendant seeking to challenge plea voluntariness on direct
• Lyle v. Wyrick
  565 F.2d 529· 8th Cir.· 1977-11-16 ·cited 4×
  The court held that the district court did not err in applying the presumption of correctness to the state court's finding that the confession was voluntary, and that petitioner failed to present convincing evidence to overcome this presumption.
• Wrich v. State
  350 So. 2d 1114· Fla. 2d DCA· 1977-10-14 ·cited 4×·via Writ Of Habeas Corpus
  Timothy Wrich appealed the revocation of his probation on the grounds that the state filed a violation affidavit nearly a year after his original probation term expired. The court agreed that the state lacked jurisdiction to revoke probation and reversed the conviction.
• Borschowa v. Claytor
  568 F.2d 616· 9th Cir.· 1977-10-13 ·cited 4×·via Habeas Corpus Relief
  The court held that habeas corpus relief is not appropriate for a breach of an enlistment agreement consisting solely of non-payment of money, and that the governing statutes and regulations, not contract principles, determine service members' rights.
• Winston v. Mustain
  562 F.2d 565· 8th Cir.· 1977-09-19 ·cited 4×
  The court held that the district court in Minnesota lacked jurisdiction to consider the habeas corpus petition because the petitioner had not first filed a motion in the sentencing court under 28 U.S.C. § 2255.
• Woodcock v. McCAULEY
  563 F.2d 806· 7th Cir.· 1977-07-18 ·cited 4×
  The court held that the district court erred in denying the habeas corpus petition without an evidentiary hearing to determine if the waiver of a jury trial was coerced.
• State ex rel. Gary Norwood Reno v. Honorable Everett Richardson
  348 So. 2d 62· Fla. 1st DCA· 1977-07-15 ·cited 4×·via Writ Of Habeas Corpus
  A trial court cannot imprison a husband for contempt for failure to pay a joint marital debt owed to a third party. The Florida District Court of Appeal granted habeas corpus relief, holding that contempt proceedings are unavailable to enforce payment of civil debts, even when th
• Raines v. State OF Ala.
  552 F.2d 660· 5th Cir.· 1977-05-20 ·cited 4×
  The court held that the Alabama Youthful Offender Act's requirement of waiving a jury trial to receive its benefits does not violate constitutional rights, as there is no constitutional right to a jury trial in such proceedings.
• Hendrix v. The United States
  555 F.2d 785· Ct. Cl.· 1977-05-18 ·cited 4×
  The court held that the plaintiff's court-martial conviction was constitutional and that the military justice system is not inherently unfair, thus denying his petition for release.
• Blankenship v. Parratt
  554 F.2d 850· 8th Cir.· 1977-05-02 ·cited 4×·via Habeas Corpus Relief
  The court held that resentencing a defendant to a harsher penalty after the original sentence was found invalid does not violate the Double Jeopardy Clause, absent evidence of judicial vindictiveness.
• Saunders v. Eyman
  600 F.2d 728· 9th Cir.· 1977-04-18 ·cited 4×
  The court held that the petitioner failed to meet his burden of proving ineffective assistance of counsel, as his counsel's advice to plead guilty was within the range of competence demanded of attorneys in criminal cases.
• COX v. Benson
  548 F.2d 186· 7th Cir.· 1977-01-12 ·cited 4×
  The court reversed the district court's dismissal of appellant Cox's habeas petition and remanded for further proceedings due to questions regarding the circumstances of shots fired during the armed robbery.
• Grover Robinson v. Parratt
  546 F.2d 764· 8th Cir.· 1976-12-08 ·cited 4×·via Habeas Corpus Relief
  A defendant is denied effective assistance of counsel when a single attorney represents co-defendants with antagonistic defenses, and the court denies a severance motion.
• In re the Extradition of Mario Francesco Magisano v. Locke
  545 F.2d 1228· 9th Cir.· 1976-11-16 ·cited 4×·via Writ Of Habeas Corpus
  The court held that the district court correctly denied the appellant's application for a writ of habeas corpus and release on bail, affirming the extradition warrant.
• United States ex rel. James Willie Cleveland 28598 v. Warden, N.J. State Prison
  544 F.2d 1200· 3d Cir.· 1976-11-11 ·cited 4×
  The court held that denying a free trial transcript to an indigent defendant not sentenced to death, when a transcript is necessary for appeal, violates equal protection rights established in Griffin v. Illinois.
• White v. State OF Ala.
  541 F.2d 1092· 5th Cir.· 1976-11-04 ·cited 4×
  The court affirmed the denial of habeas relief regarding the lineup but vacated and remanded regarding the pretextual arrest claim.
• United States ex rel. Calvin Cannon v. Johnson
  536 F.2d 1013· 3d Cir.· 1976-06-22 ·cited 4×
• Vickers v. Haynes
  539 F.2d 1005· 4th Cir.· 1976-06-02 ·cited 4×·via Habeas Corpus Relief
  The court held that the petitioner is entitled to credit for preconviction jail time spent in custody.
• Austin v. Wyrick
  535 F.2d 443· 8th Cir.· 1976-05-06 ·cited 4×
  The court held that the prosecution's suppression of material exculpatory evidence favorable to the accused violated due process.
• Carr X. Johnson v. Havener
  534 F.2d 1232· 6th Cir.· 1976-04-30 ·cited 4×
  The court held that the district court correctly denied the habeas corpus petition based on the state court record, finding the confession voluntary and the issues presented to the district court were properly addressed.
• Stevens v. Honorable Max Wilson
  534 F.2d 867· 10th Cir.· 1976-03-18 ·cited 4×
  The concurring judge agrees with the result but expresses views on the application of Terry v. Ohio and the admissibility of confessions following illegal arrests.
• Sellers v. Ciccone
  530 F.2d 199· 8th Cir.· 1976-02-12 ·cited 4×
  The court held that the prison's policy requiring inmates to be within ten years of their release date to be eligible for the x-ray technician training program was not arbitrary or capricious.
• Huffman v. State OF Mo.
  527 F.2d 899· 8th Cir.· 1976-01-21 ·cited 4×
  The court held that the petitioner's guilty plea was not rendered unintelligent by ineffective assistance of counsel, as counsel's investigation and advice were constitutionally adequate.
• Logan v. Capps
  525 F.2d 937· 5th Cir.· 1976-01-12 ·cited 4×
  The court held that the district court erred in denying habeas corpus relief without a full development of facts regarding whether the confession was a product of illegal detention.
• Isiah Bennett v. State OF Miss.
  523 F.2d 802· 5th Cir.· 1975-11-17 ·cited 4×
  A handwritten note sent by an indigent, unrepresented prisoner to the clerk of court within the time for appeal, requesting records and referencing federal law on transcripts for indigents, is sufficient notice to the state that the prisoner desires to appeal and requires the sta
• Talbot v. Schlesinger
  527 F.2d 607· 4th Cir.· 1975-10-02 ·cited 4×·via Writ Of Habeas Corpus
  The appeal is moot because the petitioner has been reassigned to duties that substantially fulfill his alleged contractual understandings.
• Martin v. State OF Ind.
  521 F.2d 682· 7th Cir.· 1975-08-28 ·cited 4×
  The court held that the district court erred in denying the habeas corpus petition by deeming the constitutional issue moot, and that a remand is necessary for further factual determination.
• Turnbow v. Estelle
  510 F.2d 127· 5th Cir.· 1975-03-24 ·cited 4×
  The court held that the absence of counsel at sentencing violated the defendant's Sixth Amendment right to counsel, and the appropriate remedy is to grant credit for time served pending trial.
• Danney F. MacKey v. State
  310 So. 2d 312· Fla. 1st DCA· 1975-03-20 ·cited 4×·via Writ Of Habeas Corpus
  The court upheld the denial of a habeas corpus petition where the defendant claimed he had completed his jail sentence and should have been released with credit for gain time earned. The court found that the trial judge had properly calculated the sentence to account for gain tim
• Polanco v. Estelle
  507 F.2d 81· 5th Cir.· 1975-01-22 ·cited 4×·via Writ Of Habeas Corpus
  The court held that police surveillance independently corroborated the informant's tip, establishing probable cause for the search warrant, even if the affidavit was insufficient regarding the informant's reliability.
• Hiram B. Bailey v. State OF Ala.
  505 F.2d 1024· 5th Cir.· 1975-01-06 ·cited 4×
  The court held that the lower court erred in denying habeas relief without an evidentiary hearing on the issue of intentional bypass.
• Dep't of Health & Rehabilitative Servs. v. Owens
  305 So. 2d 314· Fla. 1st DCA· 1974-12-31 ·cited 4×·via Writ Of Habeas Corpus
  The Florida District Court of Appeal reversed eight consolidated orders of involuntary admission to the Division of Retardation, holding that trial courts lack statutory authority to prescribe specific treatment, place conditions on admission, or supervise the care of involuntari
• Hora v. State OF La.
  495 F.2d 1248· 5th Cir.· 1974-06-12 ·cited 4×
  The court held that the district court erred in denying the habeas corpus petition without a full inquiry into the circumstances surrounding the guilty pleas.
• Pressley v. Louie L. Wainwright
  493 F.2d 894· 5th Cir.· 1974-05-10 ·cited 4×·via Writ Of Habeas Corpus
  The court held that the federal district court correctly denied the writ of habeas corpus because the petitioner failed to exhaust his state remedies.
• LePAGE v. Picard
  495 F.2d 26· 1st Cir.· 1974-04-18 ·cited 4×
  The district court correctly applied the "convincing evidence" standard under 28 U.S.C. § 2254(d) and was not obligated to hold a mandatory habeas corpus hearing, as there was no reason to suspect an incorrect constitutional standard was applied by the state court.
• DeGAGLIA v. Stack
  490 F.2d 472· 5th Cir.· 1974-03-06 ·cited 4×
  The court held that the state judge's comment about giving 'great weight' to the state's recommendation did not render the nolo contendere plea involuntary, and the claim regarding the maximum sentence was not exhausted in state courts.
• Cole v. Clements
  494 F.2d 141· 10th Cir.· 1974-03-06 ·cited 4×
  The court held that the Air Force substantially complied with its regulations and due process requirements when denying the conscientious objector discharge application, and that there was a basis in fact for the denial.
• Green v. Estelle
  488 F.2d 918· 5th Cir.· 1973-12-17 ·cited 4×
  The court held that the state's failure to produce a defense witness, who was incarcerated, did not violate the defendant's constitutional right to compulsory process, nor did the attorney's alleged errors constitute ineffective assistance of counsel.
• Glick v. Erickson
  488 F.2d 182· 8th Cir.· 1973-12-11 ·cited 4×
  The court held that the 'stop and frisk' search of Glick was justified under the Fourth Amendment, and his petition for habeas corpus relief was without merit.
• Brown v. Yeldell
  487 F.2d 1210· D.C. Cir.· 1973-11-29 ·cited 4×·via Writ Of Habeas Corpus
  The court held that appellants' constitutional claims were unavailing because their commitments had lapsed and they suffered no present harm cognizable by a writ of habeas corpus.
• Lamberti v. Louie L. Wainwright
  284 So. 2d 202· Fla.· 1973-10-10 ·cited 4×·via Writ Of Habeas Corpus
  The Court held that it will not reconsider issues already determined by another appellate court in a habeas corpus proceeding.
• Antwine v. Estelle
  486 F.2d 189· 5th Cir.· 1973-09-28 ·cited 4×·via Habeas Corpus Relief
  The court held that the Governor of Texas had the authority to commute the appellant's death sentence, and this commutation did not violate his constitutional rights.
• Lyden v. State
  281 So. 2d 591· Fla. 2d DCA· 1973-08-24 ·cited 4×
  Lyden moved to dismiss his own appeal on the ground that he needed to exhaust state remedies before pursuing federal habeas corpus relief. The Florida appellate court denied the motion, holding that appellate courts have no more right to grant such motions than trial courts have
• Stidham v. Wingo
  482 F.2d 817· 6th Cir.· 1973-08-14 ·cited 4×
  The court held that the petitioner failed to meet his burden of proving a violation of his constitutional rights regarding ineffective assistance of counsel and other claims.