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

• Tucker v. Park J. Anderson
  483 F.2d 423· 10th Cir.· 1973-07-23 ·cited 4×·via Writ Of Habeas Corpus
  The court held that the record did not plainly show an intelligent and understanding waiver of the right to counsel, and the federal court erred in denying an evidentiary hearing.
• Burston v. Caldwell
  477 F.2d 996· 5th Cir.· 1973-05-14 ·cited 4×
  The court held that the district court erred in dismissing the federal habeas petition without holding an evidentiary hearing or obtaining the original trial transcript.
• McCRAVY v. Moore
  476 F.2d 281· 6th Cir.· 1973-04-03 ·cited 4×·via Writ Of Habeas Corpus
  A joint occupant of premises, such as a wife, has the authority to consent to a search of those premises, and such consent does not violate the Fourth Amendment rights of another joint occupant.
• Jackson v. Robinson
  476 F.2d 539· D.C. Cir.· 1973-03-20 ·cited 4×
  The court denied the patient's motion for a stay of his appeal, but ultimately granted his motion to withdraw the appeal after he received conditional release.
• Neville P. Matthews v. Wingo
  474 F.2d 1266· 6th Cir.· 1973-03-01 ·cited 4×
  The court held that a second federal habeas corpus petition raising issues already decided on the merits in a prior petition can be denied, and that conclusory allegations of ineffective assistance of counsel are insufficient to require an evidentiary hearing.
• Wimberley v. Laird
  472 F.2d 923· 7th Cir.· 1973-01-26 ·cited 4×
  The court held that the military tribunal had jurisdiction to try the petitioner for murder committed in Germany, and that his appointed counsel provided effective assistance.
• Kinnard Copeland v. Beto
  471 F.2d 710· 5th Cir.· 1973-01-16 ·cited 4×
  The court held that a defendant's constitutional right to appellate counsel is not violated if the state lacks knowledge of indigency and a desire to appeal.
• United States ex rel. Freddie M. Johnson H-7496 v. Johnson
  471 F.2d 264· 3d Cir.· 1973-01-16 ·cited 4×
  The court held that the district court erred in denying a habeas corpus petition without an evidentiary hearing on the issue of trial counsel's competency regarding the failure to secure alibi and impeachment witnesses.
• Swift v. Ciccone
  472 F.2d 577· 8th Cir.· 1972-12-27 ·cited 4×·via Petition For Habeas Corpus Relief
  The court held that the automatic forfeiture of good time earned prior to parole revocation does not violate the Due Process Clause of the Fifth Amendment, even without a separate evidentiary hearing on the forfeiture.
• Earlie Wright, Jr. v. Edwards
  470 F.2d 980· 5th Cir.· 1972-12-21 ·cited 4×·via Writ Of Habeas Corpus
  The court held that a state may constitutionally proscribe willful possession of marijuana and that a search incident to arrest conducted at the jail is permissible under the Fourth Amendment.
• United States ex rel. Joseph Johnson v. People OF the State OF Ill.
  469 F.2d 1297· 7th Cir.· 1972-11-20 ·cited 4×
  The court held that the district court did not err in denying the habeas corpus petition without a hearing or appointing counsel, as the state court record adequately demonstrated the legality of the search and seizure and the sufficiency of the evidence.
• Jones v. Pitchess
  469 F.2d 678· 9th Cir.· 1972-11-15 ·cited 4×·via Writ Of Habeas Corpus
  The court held that a dismissal of a complaint without prejudice is not a final order and thus not appealable under 28 U.S.C. § 1291.
• Pace v. Beto
  469 F.2d 1389· 5th Cir.· 1972-11-14 ·cited 4×
  The court held that the search of the matchbox was unconstitutional, rendering the discovery of marijuana the fruit of an illegal search.
• Seaman David Alfred Tellez v. Chaffee
  467 F.2d 218· 9th Cir.· 1972-09-12 ·cited 4×·via Writ Of Habeas Corpus
  The court held that the record lacked a basis in fact for the Navy's finding of insincerity and subsequent disapproval of the discharge application.
• August Williams v. Henderson
  465 F.2d 995· 5th Cir.· 1972-08-16 ·cited 4×·via Writ Of Habeas Corpus
  The court vacated the district court's denial of habeas corpus and remanded for reconsideration.
• United States ex rel. William A. WAX v. Twomey
  465 F.2d 352· 7th Cir.· 1972-07-05 ·cited 4×
  The court held that the petitioner's contentions lacked merit and affirmed the dismissal of his habeas corpus petition.
• Sandoval v. Rodriguez
  461 F.2d 1097· 10th Cir.· 1972-06-22 ·cited 4×
  The court held that the federal district court erred in dismissing the claim regarding the jury instruction on failure to testify for failure to exhaust state remedies, but that the instruction and any alleged prosecutorial comment were not constitutional violations or were harml
• Taylor v. State OF Ala.
  465 F.2d 376· 5th Cir.· 1972-06-08 ·cited 4×
  A conviction is not invalidated by the fact that the defendant was brought within the court's jurisdiction by forcible abduction.
• United States ex rel. Stephen Radich v. The Crim. Court OF the City OF NEW York
  459 F.2d 745· 2d Cir.· 1972-04-26 ·cited 4×
  An affirmance of a state court conviction by an equally divided Supreme Court does not constitute an actual adjudication on the merits for the purposes of barring a federal habeas corpus petition.
• Smith v. Yeager
  459 F.2d 124· 3d Cir.· 1972-04-26 ·cited 4×
  A counseled guilty plea entered under then-applicable law forecloses a collateral attack on that plea based on later pronouncements requiring counsel at juvenile certification proceedings.
• State of Fla. ex rel. Frank Cocchiaro v. Purdy
  260 So. 2d 556· Fla. 3d DCA· 1972-04-19 ·cited 4×·via Writ Of Habeas Corpus
  Florida state appellate court affirmed the extradition of Cocchiaro to New Jersey on a criminal contempt charge, holding that the circuit court properly limited habeas corpus review to narrow constitutional grounds and that the evidence satisfied all requirements for extradition.
• Imhoff v. Sheriff Clarence Jones
  453 F.2d 894· 5th Cir.· 1972-01-14 ·cited 4×
  The order denying a petition for habeas corpus without prejudice to reapply after exhausting state remedies is affirmed.
• Comulada v. Pickett
  455 F.2d 230· 7th Cir.· 1972-01-12 ·cited 4×
  The court held that a habeas corpus petition is the proper vehicle to seek credit for time served pending appeal, and that the election to delay commencement of sentence was likely involuntary and requires an evidentiary hearing.
• United States ex rel. Joseph Kachinski v. Cavell
  453 F.2d 581· 3d Cir.· 1971-12-07 ·cited 4×
  The court held that the record does not show an actual conflict of interest that denied the relator effective assistance of counsel, even though his attorney had previously represented a key witness in an unrelated matter.
• Dillen v. Louie L. Wainwright
  449 F.2d 331· 5th Cir.· 1971-10-01 ·cited 4×·via Habeas Corpus Relief
  The denial of a bill of particulars in a state criminal trial does not rise to constitutional proportions for federal habeas relief, nor does the prosecution's failure to disclose witnesses constitute grounds for relief if they could have been discovered with reasonable diligence
• Briggs v. Beto
  447 F.2d 1302· 5th Cir.· 1971-09-13 ·cited 4×·via Habeas Corpus Relief
  The court held that the district court did not err in denying habeas corpus relief because the petitioner intentionally bypassed his state remedy of direct appeal.
• McMILLIN v. Beto
  447 F.2d 453· 5th Cir.· 1971-08-23 ·cited 4×
  The court affirmed the dismissal of the habeas corpus petition, finding that the petitioner's claims were either waived by guilty pleas or had been adequately addressed in prior proceedings.
• Wally Shelby v. Phend
  445 F.2d 1326· 7th Cir.· 1971-07-22 ·cited 4×
  The court held that comity does not preclude a remand for a hearing on all grounds for relief in a habeas corpus petition, even if not all issues were fully exhausted in state court, when one claim has significant merit.
• United States ex rel. Frank Grano, Jr. v. Anderson
  446 F.2d 272· 3d Cir.· 1971-07-09 ·cited 4×·via Writ Of Habeas Corpus
  The court held that the affidavit accompanying the extradition demand was sufficient to establish probable cause for the burglary charge and the accused's involvement.
• Rought v. Henderson
  445 F.2d 622· 5th Cir.· 1971-07-06 ·cited 4×
  The court held that the failure of court-appointed counsel to advise the appellant of his appellate rights and to act to preserve those rights constituted an effective denial of constitutionally protected rights.
• Edwards v. Beto
  446 F.2d 18· 5th Cir.· 1971-06-22 ·cited 4×
  The court held that the state courts did not err in finding the confession voluntary and that the federal standard for confession admissibility was met.
• Turco v. Warden, Baltimore City Jail
  444 F.2d 56· 4th Cir.· 1971-06-11 ·cited 4×·via Writ Of Habeas Corpus
  The court affirmed the district court's denial of the petition for a writ of habeas corpus and removal of the criminal prosecution.
• Forrest Cummings Green v. Turner
  443 F.2d 832· 10th Cir.· 1971-06-07 ·cited 4×·via Habeas Corpus Proceedings
  The court held that the rule established in Boykin v. Alabama should not be applied retroactively to arraignments that occurred prior to its decision.
• Smiley v. State OF Cal.
  442 F.2d 1026· 9th Cir.· 1971-05-17 ·cited 4×·via Application For Writ Of Habeas Corpus
  The court held that the district court erred in denying an evidentiary hearing on the voluntariness of the appellant's confession and on whether the failure to object to its admission constituted a deliberate bypass of state court procedures.
• Bernier v. Moore
  441 F.2d 395· 1st Cir.· 1971-04-22 ·cited 4×·via Petition For Habeas Corpus Relief
  A defendant seeking habeas corpus relief is not entitled to further federal review simply by making conclusory allegations without showing entitlement.
• Alesi v. Craven
  440 F.2d 975· 9th Cir.· 1971-04-01 ·cited 4×
  The court held that statements coerced during plea negotiations and a subsequent probation interview are involuntary and cannot be used for impeachment, even after Harris v. New York.
• Rodeheaver v. Louie L. Wainwright
  245 So. 2d 633· Fla. 1st DCA· 1971-03-18 ·cited 4×
  Habeas corpus petition to set aside a guilty plea from 1965 is denied because Boykin v. Alabama, which requires disclosure of voluntary and understanding guilty pleas, does not apply retroactively to pre-1969 pleas.
• United States ex rel. Anthony Russo v. The State OF NEW Jersey & the Principal Keeper of the State Prison at Trenton
  438 F.2d 1343· 3d Cir.· 1971-03-12 ·cited 4×
  The court affirmed the District Court's denial of habeas corpus, finding confessions voluntary and procedural requirements met. The court also remanded a new statutory challenge for exhaustion of state remedies.
• Anderson v. Henderson
  439 F.2d 711· 5th Cir.· 1971-03-04 ·cited 4×·via Habeas Corpus Relief
  A guilty plea entered after reliance on competent counsel's advice is considered voluntary and cannot be challenged as coerced.
• Bortree v. Resor
  445 F.2d 776· D.C. Cir.· 1971-03-02 ·cited 4×·via Habeas Corpus Relief
  The court held that the Army's disapproval of Private Bortree's application for discharge as a conscientious objector lacked a factual basis.
• Arciniega v. Freeman
  439 F.2d 776· 9th Cir.· 1971-03-01 ·cited 4×
  The court held that the Parole Board had a sufficient basis to revoke parole and that the admission of evidence was proper.
• United States ex rel. William E. Baity E-1152 v. Maroney
  435 F.2d 1254· 3d Cir.· 1970-12-29 ·cited 4×
  The court held that the appellant failed to meet his burden of proving his guilty plea was not intelligent, and that the Boykin rule does not apply retroactively.
• Hanks v. Wideman
  434 F.2d 256· 5th Cir.· 1970-11-30 ·cited 4×·via Petition For Habeas Corpus Relief
  The court held that the erroneous transfer of a prisoner to federal custody, followed by his return to state custody, did not constitute a waiver of federal jurisdiction, especially when a detainer was in place and the prisoner ultimately benefited from the error.
• Zelma C. Wyche v. Hester
  431 F.2d 791· 5th Cir.· 1970-08-25 ·cited 4×
• Serviss v. Moseley
  430 F.2d 1287· 10th Cir.· 1970-08-20 ·cited 4×·via Writ Of Habeas Corpus
  The court held that the appellant knowingly and intelligently waived his rights and admitted to violations, and that the district court's findings were supported by the evidence.
• Daniel v. Louie L. Wainwright
  237 So. 2d 832· Fla. 2d DCA· 1970-07-15 ·cited 4×·via Writ Of Habeas Corpus
  The court held that petitioner is entitled to full appellate review of his conviction via habeas corpus due to procedural entanglements that deprived him of his direct appeal rights.
• Wooden v. State
  236 So. 2d 137· Fla. 1st DCA· 1970-06-09 ·cited 4×·via Writ Of Habeas Corpus
  Otis Wooden petitioned for habeas corpus relief, challenging his conviction and 30-year sentence for forcible rape. The court granted relief because Wooden's court-appointed counsel unconstitutionally refused to pursue a direct appeal after Wooden explicitly requested one, thereb
• Darden v. Louie L. Wainwright
  236 So. 2d 139· Fla. 2d DCA· 1970-06-03 ·cited 4×·via Writ Of Habeas Corpus
  A petition for writ of habeas corpus is not the proper method to challenge alleged errors that should have been raised in a motion under CrPR 1.850, unless specific criteria are met.
• Austin v. Louie L. Wainwright
  427 F.2d 1165· 5th Cir.· 1970-05-28 ·cited 4×
  The court held that the district court erred in denying a claim of perjured testimony because it was not previously adjudicated, but affirmed the denial of other claims, including ineffective assistance of counsel and refusal to instruct on lesser offenses.
• Stout v. Hoyt C. Cupp
  426 F.2d 881· 9th Cir.· 1970-05-20 ·cited 4×
  The court held that the District Court's dismissal of the habeas corpus petition was correct because the suppressed information was not material and the confession was admissible.