Habeas Corpus

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

• Worley v. Swenson
  386 F.2d 186· 8th Cir.· 1967-11-22 ·cited 14×
  The court held that the district court should stay proceedings pending a renewed application for relief under the new Missouri Supreme Court Rule 27.26, as the appellant may not have fully exhausted state remedies.
• United States v. Brierly
  384 F.2d 992· 3d Cir.· 1967-11-09 ·cited 14×
  The court held that using a prisoner's silence or non-verbal reaction during police interrogation as a "tacit admission" of guilt violates due process and the Fourteenth Amendment.
• United States ex rel. Frank Sacco v. Kenton
  386 F.2d 143· 2d Cir.· 1967-11-09 ·cited 14×
  The court held that the 1966 amendment to 18 U.S.C. § 3568 was not retroactive and that the sentencing judge had properly considered pre-sentence credit.
• Morris v. Otto C. Boles
  386 F.2d 395· 4th Cir.· 1967-10-25 ·cited 14×
  The court held that the search and seizure were incident to a lawful arrest, the admission of statements was permissible under the orthodox rule for confessions, and the alleged alteration of the warrant did not constitute suppression of exculpatory evidence or denial of cross-ex
• McCORD v. Henderson
  384 F.2d 135· 6th Cir.· 1967-10-25 ·cited 14×
  The court held that voluntary guilty pleas waive non-jurisdictional defenses, including illegal arrest and coerced confessions, and that a federal court need not hold an evidentiary hearing if the state court provided a full and fair hearing.
• Weaver v. Ward Lane
  382 F.2d 251· 7th Cir.· 1967-07-27 ·cited 14×
  The court held that the search of the petitioner's automobile and the seizure of blood-stained clothing were lawful, and therefore, the district court erred in granting the writ of habeas corpus.
• United States ex rel. Carl E. DeFLUMER, Jr. v. Mancusi
  380 F.2d 1018· 2d Cir.· 1967-07-26 ·cited 14×
  The court held that a petitioner must exhaust state remedies for all constitutional claims raised in a habeas corpus petition, even if related.
• Mickey E. Vanater v. Otto C. Boles
  377 F.2d 898· 4th Cir.· 1967-05-24 ·cited 14×
  The court held that a guilty plea waives non-jurisdictional defects, including potential conflicts of interest in counsel representation, and that the petitioner failed to prove his plea was involuntary.
• Manning v. The State OF Cal.
  378 F.2d 357· 9th Cir.· 1967-05-15 ·cited 14×
  The court held that the petitioner's confession, obtained without a request for counsel, did not violate Escobedo as amplified by Miranda and Johnson, because the petitioner's trial began before the effective date of Miranda and Escobedo required a request for counsel.
• Wilson v. Bailey
  375 F.2d 663· 4th Cir.· 1967-03-22 ·cited 14×
  A state prisoner's knowing and intelligent decision to withdraw his appeal, even if based on counsel's advice about potential consequences, does not constitute a "deliberate bypass" of state remedies that would bar federal habeas corpus review, but failure to object at trial to i
• Foster Sellers v. State OF Ga.
  374 F.2d 84· 5th Cir.· 1967-03-06 ·cited 14×
  The court held that the denial of an appeal bond does not violate the Thirteenth and Fourteenth Amendments or Georgia's Appellate Practice Act, as there is no absolute right to bail pending appeal and state courts have discretion.
• Castro v. Klinger
  373 F.2d 847· 9th Cir.· 1967-02-24 ·cited 14×
  The court held that the district court erred in denying the habeas corpus petition for failure to exhaust state remedies, as the California Supreme Court's denial of a prior petition, without explanation, did not preclude federal review.
• Smith v. State OF Idaho & Paul W. Bright
  373 F.2d 149· 9th Cir.· 1967-02-09 ·cited 14×
  The court held that conflicting evidence regarding the accused's presence in the demanding state does not warrant discharge in an extradition habeas corpus proceeding, and ex parte affidavits are permissible to establish presence.
• United States ex rel. Joseph John McCULLERS v. McMANN
  370 F.2d 757· 2d Cir.· 1967-01-06 ·cited 14×
  The court held that the search of the appellant was incidental to a lawful arrest, and therefore, the evidence found was admissible.
• Brooks Lee Anderson v. Wilburn C. Johnson
  371 F.2d 84· 6th Cir.· 1966-12-22 ·cited 14×
  The court held that the denial of counsel before Escobedo v. Illinois is not grounds for reversal due to non-retroactivity, and that the evidence did not establish systematic exclusion of Negroes from juries.
• Vanleeward v. Rutledge
  369 F.2d 584· 5th Cir.· 1966-12-06 ·cited 14×
  The court held that the jury selection process systematically excluded Negroes, rendering the conviction void. Additionally, the confession was deemed involuntary under the totality of the circumstances.
• White v. Beto
  367 F.2d 557· 5th Cir.· 1966-10-25 ·cited 14×
  The court held that a voluntary guilty plea waives all non-jurisdictional defects in prior proceedings, including the admissibility of evidence used in a prior trial.
• United States ex rel. Henry Wilson v. Hon. J. Edwin LaVALLEE (successor to Hon. Robert E. Murphy)
  367 F.2d 351· 2d Cir.· 1966-10-18 ·cited 14×
  The court held that the arresting officers had probable cause to believe the petitioner had committed the holdup, justifying the search and seizure of narcotics.
• Mack v. Walker
  372 F.2d 170· 5th Cir.· 1966-09-26 ·cited 14×
  The court held that the conscious inclusion of Negroes on the grand jury venire was constitutional and that a complete verbatim transcript was not required for appeal when the issues raised were solely questions of law and the furnished transcript was adequate for appellate revie
• Bryant Williams Bowles, Jr. v. The State OF Tex.
  366 F.2d 734· 5th Cir.· 1966-09-19 ·cited 14×
  The court held that the sheriff's contact with the jury, the prosecution's alleged suppression of evidence, and the denial of a continuance did not violate the appellant's constitutional rights.
• Huey R. LEE v. State OF Ala.
  364 F.2d 945· 5th Cir.· 1966-08-25 ·cited 14×
  The court held that the district court did not err in denying an evidentiary hearing on the appellant's claims of insanity and conspiracy, as these issues had been repeatedly decided adversely and the conspiracy claim lacked particularity.
• Braxton v. Peyton
  365 F.2d 563· 4th Cir.· 1966-07-26 ·cited 14×
  The court held that the defendant was not denied effective assistance of counsel and affirmed the denial of his habeas corpus petition.
• Hamilton v. Salter
  361 F.2d 579· 4th Cir.· 1966-05-12 ·cited 14×
  The court held that federal detentions were valid despite the sentencing court's attempt to order concurrent service with state sentences, as the designation of confinement is solely the Attorney General's discretion.
• Burns Trusty, Jr. v. The State OF Okla. & Ray Page
  360 F.2d 173· 10th Cir.· 1966-05-05 ·cited 14×
  A federal court need not hold an evidentiary hearing on a habeas corpus petition if the state court provided a full and fair evidentiary hearing and reliably found the relevant facts.
• Cannon v. Willingham
  358 F.2d 719· 10th Cir.· 1966-04-07 ·cited 14×
  The court held that the petitioner must exhaust administrative remedies before seeking judicial review of the denial of good time credits.
• McKINNEY v. Taylor
  358 F.2d 689· 10th Cir.· 1966-02-23 ·cited 14×
  The court held that the revocation of parole by the Board of Parole, under the relevant statutes, implicitly forfeits any good time previously earned by the parolee.
• Boddie v. Kermit A. Weakley & D. C. Bd. of Parole
  356 F.2d 242· 4th Cir.· 1966-02-03 ·cited 14×
  A prisoner's colorable claim of arbitrary recommitment, even if mandatorily released, is justiciable and requires judicial inquiry into the fairness of the proceedings.
• Delphos B. Burns v. Crouse
  353 F.2d 489· 10th Cir.· 1965-11-26 ·cited 14×
  The court held that the petitioner was not given a fair opportunity to present evidence regarding the prosecution's knowing use of perjured testimony.
• Curtis v. Bennett
  351 F.2d 931· 8th Cir.· 1965-11-04 ·cited 14×
  The court denied the petitioner's application for a certificate of probable cause, dismissing his appeal.
• Lewis v. Peyton
  352 F.2d 791· 4th Cir.· 1965-11-02 ·cited 14×
  The court held that conducting a trial for a capital offense in a private residence, without a proper order or waiver, violated the petitioner's due process rights and right to a public trial.
• United States ex rel. Richard MacHado v. Hon. Walter H. Wilkins
  351 F.2d 892· 2d Cir.· 1965-10-26 ·cited 14×
  A habeas corpus petitioner challenging a prior felony conviction as invalid must demonstrate actual prejudice from alleged constitutional violations, and disagreement with counsel's trial strategy does not constitute ineffective assistance of counsel.
• Gaskins v. The Honorable Robert F. Kennedy
  350 F.2d 311· 4th Cir.· 1965-08-02 ·cited 14×
  The court held that an indigent conditional release violator is not entitled to appointed counsel at a revocation hearing where the factual basis for revocation is not disputed.
• Palomera v. Taylor
  344 F.2d 937· 10th Cir.· 1965-05-03 ·cited 14×
  The court held that civil courts' review of military convictions via habeas corpus is limited to jurisdiction and lawful power, not re-evaluation of evidence or procedural errors outside that scope.
• Gillyard v. State
  175 So. 2d 798· Fla. 3d DCA· 1965-04-06 ·cited 14×
  Allegations of counsel incompetence were sufficient to require an evidentiary hearing in the trial court.
• Dillon v. Peters
  341 F.2d 337· 10th Cir.· 1965-02-13 ·cited 14×
  The court held that the Mapp v. Ohio exclusionary rule applies to convictions that were not final at the time Mapp was decided, and that failure to object to illegally obtained evidence does not constitute a waiver of rights in habeas corpus proceedings.
• United States ex rel. Joseph Calhoun v. Pate
  341 F.2d 885· 7th Cir.· 1965-02-03 ·cited 14×
  The court held that a federal district court erred in granting summary judgment on a habeas corpus petition when the relator had not exhausted available state remedies.
• Smartt v. Bomar
  340 F.2d 593· 6th Cir.· 1965-01-26 ·cited 14×
  The court held that a state trial judge is not required to appoint appellate counsel sua sponte for a defendant who was represented by retained counsel at trial and whose indigency was not made known.
• Mooneyham v. State OF Kan.
  339 F.2d 209· 10th Cir.· 1964-12-15 ·cited 14×
  The court held that a state prisoner's application for parole, which the state supreme court construed as an acquiescence in the judgment, does not violate the U.S. Constitution and is not reviewable on federal habeas corpus.
• Oyler v. Taylor
  338 F.2d 260· 10th Cir.· 1964-11-17 ·cited 14×
  The court held that the petitioner was not denied his constitutional right to appeal, as he failed to comply with the state's procedural rules for indigent appeals. The court also found no merit in claims regarding a coerced confession or perjured testimony.
• United States ex rel. Edgar I. Shott, Jr. v. Tehan
  337 F.2d 990· 6th Cir.· 1964-11-10 ·cited 14×
  The court held that a state prosecutor's comment on a defendant's failure to testify violates the Fifth Amendment privilege against self-incrimination, which is applicable to the states through the Fourteenth Amendment.
• Avellino v. United States
  330 F.2d 490· 2d Cir.· 1964-04-15 ·cited 14×
  A parole warrant issued within the maximum sentence term is valid even if executed after the term expires, provided the delay in execution is reasonable.
• Midgett v. Warden, Md. State Penitentiary
  329 F.2d 185· 4th Cir.· 1964-02-25 ·cited 14×
  The court held that the district court did not abuse its discretion in refusing a plenary hearing and abstaining pending state court review of newly raised claims.
• Rogers v. King
  161 So. 2d 258· Fla. 1st DCA· 1964-01-28 ·cited 14×
  The Florida Real Estate Commission revoked the licenses of D. L. Rogers and Doris Rogers, real estate salesmen, for using signs that falsely represented them as operating under the fictitious name "Rogers Real Estate," which violated Chapter 475, Florida Statutes. The appellate c
• Selden G. Hooper v. The United States
  326 F.2d 982· Ct. Cl.· 1964-01-24 ·cited 14×
  The court held that retired members of the armed forces entitled to pay are subject to court-martial jurisdiction under UCMJ Article 2(4), and that such jurisdiction is constitutional.
• Swisher v. United States
  326 F.2d 97· 8th Cir.· 1964-01-13 ·cited 14×
  The court held that the district court erred in dismissing the habeas corpus petition without a hearing, as the record presented a facial indication of a potential constitutional issue regarding the appellant's mental competency to stand trial.
• United States ex rel. Samuel Tito Williams v. FAY
  323 F.2d 65· 2d Cir.· 1963-10-04 ·cited 14×
  The court held that the undisputed facts revealed that the relator's confessions were the product of coercion as a matter of law, violating his due process rights.
• Blackburn v. Ippolito
  156 So. 2d 550· Fla. 2d DCA· 1963-09-11 ·cited 14×
  In this habeas corpus appeal, the Florida District Court of Appeal reversed the discharge of Jack Ippolito, manager of a supermarket operating a promotional 'Good-Will Cash Night' drawing, holding that the scheme constituted an illegal lottery under Florida law. The court adopted
• Mahurin v. Nash
  321 F.2d 662· 8th Cir.· 1963-09-03 ·cited 14×
  Federal courts are not required to entertain a habeas corpus application until the petitioner has exhausted available state post-conviction remedies under Rule 27.26.
• United States ex rel. Edgar Smith v. State OF NEW Jersey & the Principal Keeper of the State Prison at Trenton
  322 F.2d 810· 3d Cir.· 1963-07-24 ·cited 14×
  The court held that the confession was obtained in violation of due process rights due to coercive interrogation tactics.
• Ramsey v. Hand
  309 F.2d 947· 10th Cir.· 1962-11-29 ·cited 14×
  The appeal is dismissed because a certificate of probable cause was not issued, and even if treated as an application for one, it would be denied due to the lack of a substantial question regarding the trial court's decision.