Habeas Corpus

18,782 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• United States ex rel. James v. Tangredi
  343 F.2d 752· 2d Cir.· 1965-04-01 ·cited 16×
  The court held that federal habeas corpus is not available for claims that have not exhausted presently available state remedies, including sufficiency of indictment, admissibility of involuntary statements, and prejudicial publicity.
• United States ex rel. James W. McDonald v. Commonwealth OF Pa.
  343 F.2d 447· 3d Cir.· 1965-03-29 ·cited 16×
  The court held that the lower court erred in denying the habeas corpus petition without a sufficient factual record and remanded for reconsideration.
• Davis v. People OF the State OF Cal. & Robert A. Heinze
  341 F.2d 982· 9th Cir.· 1965-02-18 ·cited 16×
  The court held that the initial entry into the motel room was consensual and the subsequent seizure of evidence was incident to a lawful arrest based on probable cause.
• Buchanan v. State of Fla. ex rel. John S. Hunt
  171 So. 2d 186· Fla. 3d DCA· 1965-01-19 ·cited 16×
  In this habeas corpus appeal, the Florida District Court of Appeal reversed a circuit court's discharge of Hunt, who was indicted for securities fraud violations. The court held that habeas corpus cannot be used as a substitute for appeal to challenge the sufficiency of an indict
• Latham v. Crouse
  338 F.2d 658· 10th Cir.· 1964-11-24 ·cited 16×
  The court held that the admission of confessions did not violate petitioners' constitutional rights, as they were made voluntarily after being advised of their right to counsel and intelligently waived that right.
• The State of Fla. on the relation of Rene Evans Paine, Jr. v. Paine
  166 So. 2d 708· Fla. 3d DCA· 1964-06-23 ·cited 16×
  A former husband appealed an order awarding attorney's fees to his ex-wife in a habeas corpus proceeding over child custody. The court reversed, holding that statutory authority to award attorney's fees under § 65.16, Fla.Stat. applies only to proceedings enforcing alimony or chi
• Barker v. The State OF Ohio
  330 F.2d 594· 6th Cir.· 1964-04-15 ·cited 16×
  The court held that the appellant's petition for rehearing, raising claims of lack of hearing and counsel, was without merit and denied it.
• United States ex rel. Charles Everett v. Murphy
  329 F.2d 68· 2d Cir.· 1964-03-19 ·cited 16×
  A confession obtained through deception and false promises of assistance, following an illegal arrest and incommunicado detention, violates due process and renders a conviction invalid.
• Arley C. Browning v. Crouse
  327 F.2d 529· 10th Cir.· 1964-02-11 ·cited 16×
  The court held that a lawful detention under one sentence precludes inquiry into the validity of a separate habitual criminal sentence, and that a prior adverse determination on the merits of an issue bars re-examination.
• Andrews v. State
  160 So. 2d 726· Fla. 3d DCA· 1964-02-11 ·cited 16×
  An inmate convicted of assault with intent to commit rape and sentenced to 20 years wrote a letter to the trial judge claiming he was denied counsel at his preliminary hearing in violation of Gideon v. Wainwright. The circuit court summarily denied the letter as a habeas corpus p
• Kethel Osborne v. Taylor
  328 F.2d 131· 10th Cir.· 1964-02-06 ·cited 16×
  The court held that a military prisoner is subject to parole under 18 U.S.C. § 4164, and habeas corpus relief requires entitlement to immediate release.
• Williams v. Taylor
  327 F.2d 322· 10th Cir.· 1964-01-30 ·cited 16×
  The court held that deferring the start of a federal sentence until completion of a state sentence does not constitute a void suspension of sentence under 26 U.S.C. § 7237(d)(2).
• Jones v. Taylor
  327 F.2d 493· 10th Cir.· 1964-01-22 ·cited 16×
  The court held that the government does not lose jurisdiction to enforce a federal sentence when a state takes custody of a prisoner for an independent state offense.
• United States ex rel. William C. Tucker v. Donovan
  321 F.2d 114· 2d Cir.· 1963-07-29 ·cited 16×
  A federal court in an asylum state cannot entertain a habeas corpus application challenging extradition based on alleged constitutional violations in the demanding state's conviction.
• United States ex rel. Jeddy Wilkins v. William J. Banmiller, Warden E. State Penitentiary, Philadelphia, Pa
  325 F.2d 514· 3d Cir.· 1963-06-27 ·cited 16×
  The court held that the relator's claim of attorney misfeasance was not properly raised or considered by the state courts, and therefore state remedies were not exhausted.
• Edgerton v. State OF N.C.
  315 F.2d 676· 4th Cir.· 1963-03-14 ·cited 16×
  The court held that the district court erred in denying the habeas corpus petition without a plenary hearing, as the petition alleged facts not patently frivolous or false when considered against the record.
• Maxie Keith Smith v. Davis
  147 So. 2d 177· Fla. 1st DCA· 1962-12-06 ·cited 16×
  Smith appeals a habeas corpus dismissal, challenging a Florida court's jurisdiction to initially adjudicate child custody when the minor child was never physically present in the state. The appellate court held that a court lacks jurisdiction to initially adjudicate custody unles
• Davis v. State OF N.C.
  310 F.2d 904· 4th Cir.· 1962-11-07 ·cited 16×
  A federal district court cannot deny a state prisoner's habeas corpus petition without a hearing if the state court record does not adequately show resolution of disputed historical facts relevant to the constitutional claim.
• Bennie Ray Hobbs v. Cochran
  143 So. 2d 481· Fla.· 1962-07-27 ·cited 16×
  Bennie Ray Hobbs challenged his conviction on habeas corpus, claiming he lacked counsel and was denied proper mental examination despite entering a qualified plea of guilty due to insanity. The Florida Supreme Court vacated his sentence and remanded for new proceedings, holding t
• Smith v. Settle
  302 F.2d 142· 8th Cir.· 1962-04-16 ·cited 16×
  The court held that a federal prisoner must await the Supreme Court's disposition of certiorari petitions filed after denial of a § 2255 motion before seeking habeas corpus relief.
• Deese v. Cochran
  139 So. 2d 429· Fla.· 1962-03-28 ·cited 16×
  John Deese challenges his consecutive prison sentences by habeas corpus, claiming time served on parole should credit toward his sentence or satisfy both convictions. The Florida Supreme Court holds that parole time cannot be credited against a sentence under statutory law, and t
• Juelich v. United States
  300 F.2d 381· 5th Cir.· 1962-03-09 ·cited 16×
  A district court must entertain a second motion to vacate a sentence under 28 U.S.C. § 2255 if the grounds presented are different from the first motion, and the court cannot refuse to consider it unless the files and records conclusively show the prisoner is entitled to no relie
• Charley Spry v. Otto C. Boles
  299 F.2d 332· 4th Cir.· 1962-02-13 ·cited 16×
  The court held that the failure to 'duly caution' the petitioner before imposing a life sentence under the recidivist statute rendered the sentence void, entitling him to release.
• Aurweid George Reickauer v. Cunningham
  299 F.2d 170· 4th Cir.· 1962-01-10 ·cited 16×
  The court held that the district court erred in denying a habeas corpus petition without a plenary hearing when the petition alleged facts constituting a denial of constitutional rights, such as the use of perjured testimony and denial of counsel of choice.
• United States ex rel. Paul Crump v. Sain
  295 F.2d 699· 7th Cir.· 1961-10-16 ·cited 16×
  The court held that the district court's finding that the relator's confession was voluntary was not clearly erroneous, and thus affirmed the dismissal of the habeas corpus petition.
• Jones v. Cunningham
  294 F.2d 608· 4th Cir.· 1961-09-14 ·cited 16×
  The court held that a prisoner's parole after extended proceedings does not moot his appeal contesting a conviction obtained in violation of constitutional rights.
• Pecnik v. Blackburn
  132 So. 2d 604· Fla. 2d DCA· 1961-08-30 ·cited 16×
  Albert Martin Pecnik appealed his rendition to Wisconsin on extradition charges, arguing that the Governor of Wisconsin's demand for extradition was insufficient because it failed to explicitly allege that he was present in Wisconsin at the time of the crime. The Florida District
• Whitley v. Warden William F. Steiner
  293 F.2d 895· 4th Cir.· 1961-07-26 ·cited 16×
  A state prisoner who fails to avail himself of a state remedy for a constitutional claim, and subsequently loses the opportunity to do so, is barred from seeking federal habeas corpus relief.
• Clark v. Warden Maryland Penitentiary
  293 F.2d 479· 4th Cir.· 1961-07-26 ·cited 16×
  The court held that the petitioner's allegations, though inartfully drawn, were sufficient to state a claim of constitutional violation and thus required a hearing.
• Anderson v. Gladden
  293 F.2d 463· 9th Cir.· 1961-07-07 ·cited 16×
  The court held that Public Law 280 unambiguously transferred federal jurisdiction over major crimes committed by Indians on reservations to the state of Oregon, and that Oregon courts' determination that no implementing state legislation was required was binding.
• Geagan v. Gavin
  292 F.2d 244· 1st Cir.· 1961-06-30 ·cited 16×
  The court held that the appellants were not denied a fair trial due to pretrial publicity, as the jurors met the constitutional test of impartiality.
• McGANN v. Taylor
  289 F.2d 820· 10th Cir.· 1961-04-18 ·cited 16×
  A petitioner seeking habeas corpus relief must demonstrate entitlement to immediate release, and cannot attack concurrent sentences if the primary sentence is valid.
• Jess Willard Crawford v. Taylor
  290 F.2d 197· 10th Cir.· 1961-04-11 ·cited 16×
  The court held that the appellant's federal sentences did not commence until he was delivered to federal custody, and he was not entitled to immediate release due to an undischarged federal escape sentence.
• O'Beirne v. Winfred Overholser
  287 F.2d 133· D.C. Cir.· 1960-11-23 ·cited 16×
• Griffith v. Rhay
  282 F.2d 711· 9th Cir.· 1960-09-12 ·cited 16×
  The reception in evidence of a signed confession obtained while the appellant was without the assistance of counsel, and had not declined such assistance, deprived him of due process of law under the Fourteenth Amendment.
• Rayborn v. Jones
  282 F.2d 410· 6th Cir.· 1960-08-15 ·cited 16×
  The court held that mandamus was not the proper remedy because the state warden had a ministerial duty to accept custody of the prisoner, and federal courts cannot grant relief in habeas corpus without exhaustion of state remedies.
• Odell v. Burke
  281 F.2d 782· 7th Cir.· 1960-07-25 ·cited 16×
  The court held that a petitioner's filing in the U.S. Supreme Court, though not explicitly a petition for certiorari, could be construed as such to satisfy the exhaustion of state remedies doctrine. It also held that denial of counsel at a preliminary hearing, or delay in trial w
• Cash v. Culver
  122 So. 2d 179· Fla.· 1960-07-08 ·cited 16×
  Ray Cash sought habeas corpus relief, claiming he was denied a reasonable opportunity to obtain counsel of his choice before his second trial for burglary. The Florida Supreme Court held that Cash's constitutional right to be heard by counsel was violated when his retained attorn
• Winfred Overholser v. Russell
  283 F.2d 195· D.C. Cir.· 1960-06-23 ·cited 16×
  The court held that the record did not support a sound judgment for unconditional release, and that the trial court's decision was based on a mistaken assumption regarding the nature of the appellee's dangerousness.
• DYE v. Beryl C. Sacks
  279 F.2d 834· 6th Cir.· 1960-06-13 ·cited 16×
  The court held that a petitioner seeking a writ of habeas corpus after exhausting state remedies and failing to secure certiorari cannot use habeas corpus to relitigate issues already decided adversely in state courts, especially when no substantial federal question is presented.
• Doctor Irby Sprouse, Jr. v. Settle
  274 F.2d 681· 8th Cir.· 1960-02-12 ·cited 16×
  The court held that the trial court properly dismissed the habeas corpus petition because the appellant was not illegally held in custody, as his sentence service correctly began upon reaching his majority.
• United States ex rel. L. B. Binion v. O'Brien
  273 F.2d 495· 3d Cir.· 1959-12-09 ·cited 16×
  The court held that the defendant is entitled to credit for the period he was required to report to a probation officer after his probation had expired, as this constituted restraint by an officer with apparent authority.
• United States ex rel. Harold D. Rogers v. Richmond
  271 F.2d 364· 2d Cir.· 1959-10-28 ·cited 16×
  The dissenting judge argues that the federal court should not be bound by state court findings of fact when reviewing the voluntariness of confessions, especially given coercive police tactics.
• Hughes v. Heinze
  268 F.2d 864· 9th Cir.· 1959-06-29 ·cited 16×
  The court held that a state prisoner's claim of improper jury trial waiver under state law, without a showing of purposeful discrimination, does not present a federal question reviewable by federal habeas corpus.
• Eades v. Dorio
  113 So. 2d 232· Fla. 2d DCA· 1959-06-19 ·cited 16×
  Leon Eades appeals a custody award to his deceased ex-wife's mother, the maternal grandmother Fannie Lee Roughton. The court upheld the grandmother's custody, rejecting the father's argument that natural parents have superior rights absent proof of unfitness, finding that the tem
• United States ex rel. George Piperkoff v. Esperdy
  267 F.2d 72· 2d Cir.· 1959-05-18 ·cited 16×
  The court held that a state court's vacating and re-entering a judgment solely to make a timely recommendation against deportation under 8 U.S.C.A. § 1251(b) does not establish a new 'first' judgment for statutory purposes.
• United States ex rel. George Exarchou v. Murff
  265 F.2d 504· 2d Cir.· 1959-04-15 ·cited 16×
  The court held that the denial of voluntary departure was arbitrary and capricious, as the evidence did not sufficiently justify the shift in the Service's position regarding the relator's good moral character.
• Gibson v. Looney
  258 F.2d 879· 10th Cir.· 1958-08-22 ·cited 16×
  The court held that the sentences imposed were intended to be consecutive and that the aggregation of sentences for good time computation was proper.
• In re Costello
  262 F.2d 214· 9th Cir.· 1958-06-24 ·cited 16×
  The court held that the prisoner's appeal raises no federal question and is without merit.
• In re the Application of Dale A. Dinerstein
  258 F.2d 609· 9th Cir.· 1958-04-22 ·cited 16×
  The court held that the filing of two separate, simultaneous judgments for consolidated indictments does not invalidate the sentences imposed, and the appeal is frivolous.