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
-
Frank Gentry petitioned for habeas corpus relief, claiming he lacked counsel during his 1951 armed robbery trial. The Florida Supreme Court discharged the writ, holding that habeas corpus is not the proper remedy to challenge the accuracy of trial court records; instead, Gentry m
-
The court held that the relator's detention as a material witness was lawful, his statements were voluntary, and their admission into evidence was proper, affirming the denial of his habeas corpus petition.
-
338 F.2d 512·
4th Cir.·
1964-11-12
·cited 4×
The court held that the district court should inquire further into the petitioner's mental competency at the time of his guilty plea, despite prior habeas corpus denials, due to lingering doubts and relevant background facts.
-
The Florida Second District Court of Appeal dismissed an application for leave to seek post-conviction relief, holding that such leave is not required under Criminal Procedure Rule 1, which provides a streamlined process for challenging convictions.
-
The court held that the district court correctly denied the habeas corpus petition because the appellant failed to raise a federal question and habeas corpus is not a substitute for direct appeal.
-
The court held that the municipal ordinance was unconstitutionally vague and indefinite, affirming the trial court's decision to quash the conviction.
-
The court held that a denial of a preliminary hearing and alleged police brutality do not constitute grounds for federal habeas corpus relief when they do not affect the validity of the conviction.
-
323 F.2d 731·
5th Cir.·
1963-10-18
·cited 4×
Civil courts have very limited jurisdiction to review military court-martial proceedings, and only to determine if the court-martial had jurisdiction over the person and subject matter.
-
322 F.2d 445·
6th Cir.·
1963-09-25
·cited 4×
The court held that the capital punishment laws of Tennessee are valid despite being enacted by a malapportioned legislature, due to the de facto doctrine and the principle of avoiding chaos.
-
The Third District Court of Appeal of Florida adopted a rule waiving filing fees for notices of appeal from orders on motions for relief under Criminal Procedure Rule No. 1. This rule applies regardless of the appellant's financial status and aligns with fee waivers for habeas co
-
A federal prisoner seeking to challenge a sentence must first utilize the remedy provided by 28 U.S.C. § 2255 in the sentencing court, and habeas corpus is only available if that remedy is shown to be inadequate or ineffective.
-
Petitioner Wittcop sought a writ of habeas corpus challenging his concurrent sentences imposed by the Circuit Court of Pinellas County. The appellate court dismissed the petition because Wittcop failed to exhaust his adequate remedy of filing a motion in the sentencing court unde
-
A petition for a writ of habeas corpus cannot be summarily denied without requiring a return and holding a hearing.
-
317 F.2d 179·
D.C. Cir.·
1963-04-04
·cited 4×
The court held that the record was inadequate for review because the respondent failed to file a return to the writ of habeas corpus.
-
Peterson sought habeas corpus release from prison, challenging the validity of his conviction judgment. The Florida Supreme Court found the judgment ambiguous because it convicted him of "breaking and entering," a non-statutory offense, when he had pled guilty to the statutory cr
-
The court held that the District Court in Virginia lacked jurisdiction to grant the writ of habeas corpus because all of the petitioner's contentions could have been raised under 28 U.S.C.A. § 2255.
-
Walter Franklin Branson, a minor at the time of his murder trial, petitioned for habeas corpus claiming his parents were not notified of charges as required by Florida law. The Florida Supreme Court denied the petition, finding that his mother had been adequately notified by regi
-
Ronald Lee Willis, a 19-year-old prisoner, petitioned for habeas corpus challenging his conviction for escape and larceny, claiming the state failed to comply with Florida's statutory requirement to notify his parents of the charges because his minor status was not properly estab
-
287 F.2d 520·
9th Cir.·
1961-02-01
·cited 4×
The court held that the appellant's challenge to deportation to a country with no ties raises a substantial constitutional question, requiring a three-judge court.
-
The federal court denied habeas corpus because the prisoner failed to exhaust state remedies by not timely seeking a writ of error for his conviction.
-
In this habeas corpus custody case, the Florida District Court of Appeal affirmed the trial court's award of custody of a minor granddaughter to her maternal grandmother, Edith Eaton Lowe, over the objections of the child's mother Caroline L. Mattison and stepfather Leland F. Mat
-
The court held that the appeal is frivolous and moot, and therefore dismissed.
-
259 F.2d 761·
7th Cir.·
1958-10-10
·cited 4×
-
The court held that it would appoint counsel to assist the petitioner in seeking a certificate of probable cause and permission to appeal in forma pauperis.
-
253 F.2d 844·
9th Cir.·
1958-03-17
·cited 4×
The court held that the denial of eyewitness statements was not a federal due process violation, as the Jencks rule applies only to federal criminal justice administration.
-
Irvin Hitson petitioned for habeas corpus relief, challenging a five-year sentence for aiding prisoners to escape from jail, claiming it exceeded the statutory maximum. The Florida Supreme Court upheld the sentence, holding that the applicable statute (§ 843.11) provides a ten-ye
-
The court held that the petitioner's application for habeas corpus did not allege facts showing entitlement to discharge from custody.
-
248 F.2d 303·
3d Cir.·
1957-09-06
·cited 4×
The court held that the district court's denial of the federal habeas corpus petition was soundly supported by the record, particularly regarding the alleged prejudiced juror.
-
-
This opinion is a dissent arguing for a rehearing en banc, not a holding on the merits of the underlying case.
-
The court held that a federal district court lacks jurisdiction to entertain a habeas corpus petition when the petitioner has not demonstrated that the remedy under 28 U.S.C.A. § 2255 is inadequate or ineffective.
-
The Florida Supreme Court affirmed a lower court's decision to deny a father's petition to regain custody of his two young children from their maternal grandmother. The court found the father had not sufficiently demonstrated his parental interest and that the children's best int
-
The Florida Supreme Court granted a writ of habeas corpus, finding that a prisoner's sentence for unlawful possession of marijuana exceeded the statutory maximum. The court ordered the prisoner to be resentenced.
-
224 F.2d 410·
9th Cir.·
1955-06-27
·cited 4×
The court held that the district court correctly denied the habeas corpus petition because the judgment clearly stated the intent for consecutive sentences.
-
The court held that the sentence for contempt was valid and did not terminate with the discharge of the grand jury, as it could be construed as having dual civil and criminal aspects.
-
218 F.2d 589·
5th Cir.·
1955-01-18
·cited 4×
The court held that the petitioner should have an opportunity to develop a record to determine and review his rights.
-
The dissenting judge believes the State failed to prove that promises of leniency did not continue to affect the defendant's later confessions, thus violating due process.
-
The court held that the United States was not authorized to appeal the district court's order, and the appeal was dismissed.
-
The Attorney General had no discretionary power to suspend deportation for an alien deportable for a crime involving moral turpitude.
-
The court held that the petitioner's claims regarding denial of parole opportunity and illegal sentence aggregation are not grounds for habeas corpus relief because he had available state remedies and his parole violation would result in serving the same sentence.
-
The court held that the district court lacked jurisdiction to issue an order to show cause against the U.S. Marshal, but the denial of the habeas corpus application is sustained because the petitioner is lawfully held under a valid state sentence.
-
The court held that an induction order is not legally 'mailed' if it is not properly addressed, and a registrant's right to reclassification based on pregnancy is preserved if proof is filed before the board properly mails the order.
-
195 F.2d 139·
5th Cir.·
1952-03-22
·cited 4×
The court held that while the appellant presented a strong humanitarian case, the undisputed facts provided a legal basis for her exclusion under immigration law, and thus, no legal relief could be granted.
-
Federal courts should not ordinarily re-examine questions already adjudicated by state courts and denied certiorari by the Supreme Court, absent unusual circumstances.
-
The court held that a petition for writ of habeas corpus is not available when a motion under 28 U.S.C. § 2255 was an adequate and effective remedy, even if unsuccessful.
-
The court held that applicants had not exhausted their state remedies because they failed to follow the proper procedural steps for seeking a writ of habeas corpus in Minnesota courts.
-
The court held that a district court cannot entertain a petition for a writ of habeas corpus if the petitioner has not first applied to the sentencing court for vacation of the sentence under 28 U.S.C.A. § 2255.
-
The court held that the district court erred by failing to make specific findings of fact and conclusions of law when denying petitions for writs of habeas corpus, especially given the contradictory testimony.
-
172 F.2d 693·
7th Cir.·
1949-02-17
·cited 4×
The court held that a petitioner's voluntary and intelligent guilty plea, even without counsel of choice, does not violate due process under the Fourteenth Amendment, and that the trial court's refusal to grant a continuance was not error given competent representation.
-
The court held that the indictments were sufficient and that the evidence supported the conviction for perjury, as the defendant's testimony denying a prior conviction was demonstrably false.