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

• Webb Washington v. Beto
  424 F.2d 1035· 5th Cir.· 1970-04-24 ·cited 4×·via Writ Of Habeas Corpus
  The court held that the district court's denial of habeas corpus relief was based on an inadequate factual basis and remanded for further proceedings.
• State of Fla. ex rel. Charles Ray Arnold v. State
  233 So. 2d 173· Fla. 3d DCA· 1970-03-23 ·cited 4×
  Charles Ray Arnold sought habeas corpus relief after his court-appointed attorney failed to file a timely appeal from his second-degree murder conviction. The Florida District Court of Appeal held that the failure of appointed counsel to perfect an appeal constitutes state action
• Ramon v. Hoyt C. Cupp
  423 F.2d 248· 9th Cir.· 1970-02-26 ·cited 4×
  The court held that a warrantless search of an automobile conducted 32 hours after the arrest of its owner, when both the owner and the vehicle were in police custody and no forfeiture proceedings had been initiated, was unreasonable and violated the Fourth Amendment.
• Evans v. Ward Lane
  419 F.2d 1337· 7th Cir.· 1970-01-07 ·cited 4×
  The court held that the petitioner must first exhaust available state remedies under new post-conviction rules before seeking federal habeas corpus relief.
• Lawrence v. Louie L. Wainwright
  419 F.2d 1326· 5th Cir.· 1969-11-24 ·cited 4×
• Sertic v. Honorable Melvin Laird
  418 F.2d 915· 9th Cir.· 1969-11-20 ·cited 4×·via Writ Of Habeas Corpus
  The court held that the Air Force's denial of conscientious objector status lacked a basis in fact, as the petitioner's beliefs met the Seeger test.
• Hitchcock v. Eyman
  418 F.2d 1245· 9th Cir.· 1969-11-20 ·cited 4×
  The court held that a habeas corpus petition, while factually insufficient, should have been allowed to be amended if the petitioner could provide supporting facts.
• State OF La. v. Rouselle
  418 F.2d 873· 5th Cir.· 1969-11-05 ·cited 4×·via Writ Of Habeas Corpus
  The court held that the appellant failed to demonstrate a sufficient showing that he has been or will be denied a federal right, thus removal to federal court was improper.
• Bouillons v. Burke
  418 F.2d 297· 7th Cir.· 1969-10-07 ·cited 4×
  The court held that the district court erred in denying an evidentiary hearing and accepting the sheriff's testimony as sufficient proof of waiver of the right to counsel, given the inadequate state court record.
• Strauss v. Smith
  417 F.2d 132· 7th Cir.· 1969-09-08 ·cited 4×·via Writ Of Habeas Corpus
  The court held that the petitioner was not denied due process and that his parole revocation was valid, affirming the district court's grant of summary judgment.
• United States ex rel. Dennis P. Kelly v. Maroney
  414 F.2d 1228· 3d Cir.· 1969-08-06 ·cited 4×
  The court held that while the district court's reasoning for dismissal was incorrect, the dismissal of the habeas corpus petition is affirmed because the underlying extradition claims would be rejected on the merits.
• Thacker v. Peyton
  419 F.2d 1377· 4th Cir.· 1969-07-25 ·cited 4×
  A federal court has habeas corpus jurisdiction to hear a challenge to fully served sentences that delay the service of subsequent sentences, even if immediate release is not warranted.
• United States ex rel. Robert Cash v. Brierley
  412 F.2d 296· 3d Cir.· 1969-06-19 ·cited 4×
  Federal intervention is not warranted when a state court has scheduled a hearing for a habeas corpus petition, even if there has been prior delay.
• Kelly v. Peyton
  420 F.2d 912· 4th Cir.· 1969-05-12 ·cited 4×
  The court held that a conflict of interest arising from counsel also acting as a justice of the peace signing arrest warrants requires a hearing on the issue of waiver. It also held that the claim of inadequate communication between attorney and client before trial must be consid
• Bullis v. Hocker
  409 F.2d 1380· 9th Cir.· 1969-04-14 ·cited 4×·via Writ Of Habeas Corpus
  The court held that allegations of abduction by the asylum state are insufficient to challenge its jurisdiction, and Nevada retained jurisdiction over the appellant.
• Elkins v. Asa Kelley
  410 F.2d 734· 5th Cir.· 1969-04-07 ·cited 4×
  The court held that the federal district court should dismiss the habeas corpus petition without prejudice for failure to exhaust state remedies.
• Newberry v. Beto
  406 F.2d 1325· 5th Cir.· 1969-02-10 ·cited 4×
  The court affirmed the district court's denial of the petition for habeas corpus.
• Williams v. Louie L. Wainwright
  217 So. 2d 317· Fla.· 1969-01-06 ·cited 4×·via Writ Of Habeas Corpus
  Julius Bernard Williams sought habeas corpus relief after his court-appointed counsel withdrew from his appeal without adequate notice to him. The Florida Supreme Court found that Williams was not properly notified of the withdrawal until after the deadline to file assignments of
• Peterson v. Gaughan
  404 F.2d 1375· 1st Cir.· 1968-12-19 ·cited 4×
  The court held that the petitioner waived his right to challenge the admission of hearsay evidence by failing to move to strike it after conditional admission, and that the statutory definition of a sexually dangerous person and the equal protection claims lacked merit.
• United States ex rel. Lloyd Manley H-3625 v. Rundle
  404 F.2d 44· 3d Cir.· 1968-12-02 ·cited 4×
  The court held that the district court properly denied the habeas corpus petition, as the claims regarding line-ups were not retroactive and the abandonment of appeal claim lacked credibility.
• Woods v. The State OF Tex.
  404 F.2d 332· 5th Cir.· 1968-11-27 ·cited 4×
  The court affirmed the denial of the habeas corpus petition, finding no denial of federally-protected rights in the state proceedings.
• Townes v. Peyton
  404 F.2d 456· 4th Cir.· 1968-11-22 ·cited 4×
  A defendant's subjective belief of systemic racial discrimination is insufficient to invalidate a guilty plea without objective evidence supporting that belief.
• State of Fla. ex rel. L. C. Crawford v. Honorable Louie L. Wainwright
  213 So. 2d 755· Fla. 1st DCA· 1968-08-27 ·cited 4×·via Writ Of Habeas Corpus
  The court held that a pending postconviction proceeding under Rule 1.850 is the appropriate avenue to determine claims regarding denial of counsel on appeal.
• Creighbaum v. Warden John C. Burke
  398 F.2d 822· 7th Cir.· 1968-07-31 ·cited 4×
  The court held that the petitioner made a competent waiver of counsel and a knowing, intelligent guilty plea, and the burden was on him to prove otherwise.
• Spencer v. Beto
  398 F.2d 500· 5th Cir.· 1968-07-18 ·cited 4×
• Sanford v. Wingate White
  398 F.2d 479· 5th Cir.· 1968-06-27 ·cited 4×
  The court held that the district court erred in denying the habeas corpus petition without an evidentiary hearing, as the petitioner raised new grounds regarding ineffective assistance of appellate counsel.
• United States ex rel. Larry Richardson v. Vitek
  395 F.2d 478· 7th Cir.· 1968-05-21 ·cited 4×
  The court held that the district court did not err in dismissing the habeas corpus petition without a hearing, as the state court's determination of voluntariness was adequately supported by the record and federal standards.
• Boxley v. Rodgers
  395 F.2d 631· D.C. Cir.· 1968-04-22 ·cited 4×
  The appeal is dismissed as moot because the underlying issues have been resolved by subsequent events and the appellant's potential prejudice is speculative.
• United States ex rel. Calvin Manning v. Brierley
  392 F.2d 197· 3d Cir.· 1968-04-01 ·cited 4×·via Habeas Corpus Proceedings
  The court held that the district court did not abuse its discretion in refusing to appoint counsel for the indigent state prisoner in his habeas corpus proceeding.
• United States ex rel. James F. O'Callahan v. Parker
  390 F.2d 360· 3d Cir.· 1968-03-08 ·cited 4×
  The court held that the admission of evidence obtained via interrogatories, even if constitutionally impermissible, was harmless error because the other evidence of guilt was overwhelming and undisputed, and thus did not contribute to the verdict.
• Whippler v. Dutton
  391 F.2d 425· 5th Cir.· 1968-02-07 ·cited 4×
  The court held that the petitioner established a prima facie case of systematic exclusion of Negroes from jury service due to racial discrimination in the jury selection process.
• Langford v. State OF Ala.
  387 F.2d 647· 5th Cir.· 1968-01-09 ·cited 4×·via Writ Of Habeas Corpus
  The court held that the district court erred in denying a habeas corpus petition without a hearing, as one of the allegations regarding the denial of the right to appeal required factual determination.
• United States ex rel. Albert Mintzer v. Dros
  403 F.2d 42· 2d Cir.· 1967-11-30 ·cited 4×·via Writ Of Habeas Corpus
  The court held that the district court correctly denied the writ of habeas corpus as the appellant's claims did not raise constitutional questions or were not cognizable in habeas corpus.
• Marcelino Guerra v. Rodriguez
  372 F.2d 472· 10th Cir.· 1967-02-14 ·cited 4×·via Writ Of Habeas Corpus
  The court held that the appellant waived his right to a preliminary hearing by pleading not guilty and proceeding to trial, and that his assertion of a missing judgment and sentence record was without merit.
• Smith v. Wilson
  373 F.2d 504· 9th Cir.· 1967-02-13 ·cited 4×
  A guilty plea is intelligent and informed even if induced by the threat of a severe penalty, provided the defendant was aware of the facts and potential consequences and was represented by competent counsel.
• Allen v. Rodriguez
  372 F.2d 116· 10th Cir.· 1967-01-19 ·cited 4×
  The court held that the appellant's guilty plea was voluntary and he received adequate representation from his court-appointed counsel.
• Meyer Caplan v. Cameron
  369 F.2d 195· D.C. Cir.· 1966-09-07 ·cited 4×·via Habeas Corpus Proceedings
  The dissenting judge believes the trial court correctly applied the law and the record, and that the appellate court should affirm the lower court's decision.
• Delgado v. Leoncio Pagan Cancel
  363 F.2d 105· 1st Cir.· 1966-07-08 ·cited 4×
  The court held that the petitioner's confession, made voluntarily at a preliminary hearing where no plea was entered or required, was admissible and did not violate his constitutional rights.
• Odus Douglas v. Maxwell
  357 F.2d 320· 6th Cir.· 1966-03-11 ·cited 4×·via Writ Of Habeas Corpus
  The court held that denial of counsel in habeas corpus proceedings does not violate the Sixth Amendment, as habeas corpus is not a criminal proceeding.
• Quarles v. Balkcom
  354 F.2d 985· 5th Cir.· 1966-01-11 ·cited 4×
  The court held that the adequacy of court-appointed counsel's representation at the time of the guilty plea requires further examination.
• Stack v. Bomar
  354 F.2d 200· 6th Cir.· 1965-12-30 ·cited 4×·via Application For Writ Of Habeas Corpus
  The court held that the appellant was not deprived of effective assistance of counsel, as his attorney's advice was based on the prevailing Tennessee law at the time, and the guilty plea was voluntary and informed.
• Lon O. Owsley v. Peyton
  352 F.2d 804· 4th Cir.· 1965-11-02 ·cited 4×
  The court held that the petitioner is entitled to a federal hearing, as the state's argument that a change in law necessitates a state hearing is without merit.
• Comulada v. Willingham
  351 F.2d 936· 10th Cir.· 1965-10-27 ·cited 4×·via Writ Of Habeas Corpus
  The court held that the petitioner was entitled to credit for the period he was erroneously transferred to Leavenworth, as this constituted service of his sentence.
• Wallace v. Willingham
  351 F.2d 299· 10th Cir.· 1965-10-14 ·cited 4×·via Application For Writ Of Habeas Corpus
  Habeas corpus is not an available remedy when Section 2255 provides an adequate remedy, even if that remedy was previously erroneously denied.
• Charles v. Maxwell
  348 F.2d 890· 6th Cir.· 1965-07-21 ·cited 4×·via Writ Of Habeas Corpus
  The court held that the appellant's federal constitutional rights were not violated by the method of selecting the grand jury, even if it deviated from state statutory procedures.
• Farrant v. Bennett
  347 F.2d 390· 8th Cir.· 1965-06-30 ·cited 4×·via Writ Of Habeas Corpus
  The court held that the district court should have granted a hearing on the appellant's allegations regarding the sentencing procedure and the effectiveness of counsel.
• Cayson v. Hassfurder
  175 So. 2d 811· Fla. 1st DCA· 1965-06-03 ·cited 4×·via Writ Of Habeas Corpus
  This case involves an appeal from a lower court's denial of a petition for a writ of habeas corpus, which was treated as a motion to vacate judgments of conviction. The appellate court affirmed the lower court's decision, finding no error.
• State of Fla. ex rel. Joel D. Gebhardt v. T. A. Buchanan as Sheriff & Dir. of Pub. Safety
  175 So. 2d 803· Fla. 3d DCA· 1965-06-02 ·cited 4×·via Writ Of Habeas Corpus
  Gebhardt, a confessed murderer who agreed to testify against his co-defendant in exchange for immunity, challenged his detention as a material witness. The Florida appellate court held that his confinement was lawful because it resulted from his own agreement with the state, not
• Hooker v. Otto C. Boles
  346 F.2d 285· 7th Cir.· 1965-05-31 ·cited 4×
  The state court lacked jurisdiction to impose a life sentence under the recidivist statute because it failed to 'duly caution' the petitioner as required by the statute, rendering the life sentence void.
• Outing v. State OF N.C.
  344 F.2d 105· 4th Cir.· 1965-04-05 ·cited 4×
  A state court's conclusionary finding that a confession was voluntary is not an acceptable substitute for a federal habeas court's own findings of historic facts.