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. Franklin LaNEAR v. Hon. J. Edwin LaVALLEE
  306 F.2d 417· 2d Cir.· 1962-07-12 ·cited 14×
  A federal court may entertain a habeas corpus petition challenging a state conviction based on an allegedly unconstitutional prior conviction from another state, even if the petitioner has not exhausted remedies in the foreign state.
• Koyce v. United States Bd. OF Parole
  306 F.2d 759· D.C. Cir.· 1962-05-24 ·cited 14×
  The court held that a military prisoner transferred to a civilian penitentiary is subject to parole conditions, and that such application does not violate the Equal Protection Clause of the Fifth Amendment.
• United States ex rel. Charles Noia v. FAY
  300 F.2d 345· 2d Cir.· 1962-02-07 ·cited 14×
  The court held that Noia did not waive his constitutional right against conviction based on a coerced confession, and that his failure to appeal did not preclude federal habeas corpus relief under 28 U.S.C. § 2254 because state remedies were ineffective.
• Wright v. Settle
  293 F.2d 317· 8th Cir.· 1961-07-28 ·cited 14×
  The court held that the revocation of a conditional release is an administrative process, not subject to judicial review in a habeas corpus proceeding, unless the Board acted without legal authority.
• McKINZIE v. Ellis
  287 F.2d 549· 5th Cir.· 1961-02-23 ·cited 14×
  The court held that the appointment of an attorney not licensed to practice law in Texas to represent a defendant charged with a capital offense violates the Fourteenth Amendment's due process clause.
• Brown v. Taylor
  287 F.2d 334· 10th Cir.· 1961-01-28 ·cited 14×
  The court held that the Board of Parole lawfully revoked the appellant's parole and correctly required him to serve the remaining balance of his original sentence.
• In the Interest of Richard Samuel Kersey v. Kersey
  124 So. 2d 726· Fla. 1st DCA· 1960-12-01 ·cited 14×
  The Florida District Court of Appeal reversed a juvenile court's decision denying natural parents custody of three of their five minor children, holding that where parents have demonstrated rehabilitation and fitness over an extended period, and no evidence contradicts their abil
• Earlie Burgess v. Warden, Maryland House of Correction
  284 F.2d 486· 4th Cir.· 1960-11-18 ·cited 14×
  The court held that it would no longer automatically appoint counsel and hold hearings in state prisoner habeas corpus appeals before a certificate of probable cause is granted.
• Wilhelm J. Muhlenbroich v. Heinze
  281 F.2d 881· 9th Cir.· 1960-08-16 ·cited 14×
  The court held that the district court did not err in dismissing the habeas corpus petition without a plenary hearing, as the allegations did not constitute a denial of due process and the appellant had adequate assistance of counsel.
• Gardner v. United States
  274 F.2d 380· 5th Cir.· 1960-02-02 ·cited 14×
  A federal sentence commences when the prisoner is received at the designated facility for service, regardless of prior state sentences. Habeas corpus is the appropriate remedy for claims of sentence expiration.
• Wooten v. Bomar
  267 F.2d 900· 6th Cir.· 1959-06-17 ·cited 14×
  The court held that a federal court may not grant habeas corpus relief to a state prisoner who has not exhausted available state remedies, including state habeas corpus proceedings.
• Mason McCOY v. Tucker
  259 F.2d 714· 4th Cir.· 1958-10-06 ·cited 14×
  The Court of Appeals dismissed the appeal because the District Court properly denied the petition for a writ of habeas corpus for failure to exhaust state remedies and lack of merit, and no certificate of probable cause was issued.
• United States ex rel. Dominic Guagliardo v. McELROY
  259 F.2d 927· D.C. Cir.· 1958-09-12 ·cited 14×
  A provision extending court-martial jurisdiction to civilian employees serving with the armed forces abroad is unconstitutional as applied to a civilian employee in peacetime, and the court cannot rewrite the statute to apply only to valid cases.
• United States ex rel. Louis Cuomo v. FAY
  257 F.2d 438· 2d Cir.· 1958-07-11 ·cited 14×
  The relator has not exhausted his state remedies as required by 28 U.S.C.A. § 2254, as he failed to properly present his federal claim to the state courts through an available and appropriate procedure.
• Miller v. United States
  256 F.2d 501· 9th Cir.· 1958-05-27 ·cited 14×
• Matter of Clifford Coleman Woods for a Certificate of Probable Cause
  249 F.2d 614· 9th Cir.· 1957-11-15 ·cited 14×
  The court denied the application for a certificate of probable cause, affirming the district court's denial of the writ of habeas corpus.
• Thomas v. Colonel James W. Davis
  249 F.2d 232· 10th Cir.· 1957-10-29 ·cited 14×
  The court held that civil courts' habeas corpus review of military convictions is limited to whether the military courts had jurisdiction and acted within their lawful powers, and gave full and fair consideration to constitutional claims.
• United States ex rel. George Alvarez v. Murphy
  246 F.2d 871· 2d Cir.· 1957-07-09 ·cited 14×
  The court held that the petitioner made a sufficient showing that his confession was coerced, entitling him to a hearing on his habeas corpus petition.
• State OF Or. v. Gladden
  240 F.2d 910· 9th Cir.· 1957-02-12 ·cited 14×
  The court held that it lacks jurisdiction to issue a writ of mandamus to compel a state penitentiary warden to allow a prisoner access to law books for preparing a habeas corpus petition.
• United States v. Knut Einar Heikkinen
  240 F.2d 94· 7th Cir.· 1957-01-17 ·cited 14×
  The court held that the defendant's conviction for failing to depart and failing to apply for travel documents was valid, as the deportation order was properly entered and the defendant was not denied due process.
• Hazen v. Mayo
  90 So. 2d 123· Fla.· 1956-10-24 ·cited 14×
  John Hazen sought habeas corpus relief from his conviction for uttering a forged instrument, challenging the sufficiency of the information, his guilty plea, and denial of counsel. The Florida Supreme Court rejected all three contentions and upheld his lawful detention.
• Strand v. Schmittroth
  233 F.2d 598· 9th Cir.· 1956-05-03 ·cited 14×
  The court held that a federal probationer is not automatically insulated from state prosecution by "custody of the law" and that granting habeas corpus on this basis creates undue judicial conflict.
• Application of John Henry Tune
  230 F.2d 883· 3d Cir.· 1956-03-06 ·cited 14×
  The court held that the denial of pre-trial inspection of a confession did not violate due process where no prejudice was shown, and that a state's procedure allowing the trial judge, rather than the jury, to determine the voluntariness of a confession is constitutionally permiss
• United States v. Kershner
  228 F.2d 142· 6th Cir.· 1955-12-17 ·cited 14×
  The Immigration and Nationality Act of 1952's savings clause preserves an alien's previously acquired status of nondeportability unless the Act specifically provides otherwise.
• Muscardin v. Brownell
  227 F.2d 31· D.C. Cir.· 1955-10-13 ·cited 14×
  The court held that the District Court had jurisdiction to review administrative deportation orders, even if issued before the Immigration and Nationality Act of 1952, provided the complaints for review were filed after its effective date.
• United States ex rel. Roger Touhy v. Ragen
  224 F.2d 611· 7th Cir.· 1955-07-20 ·cited 14×
  The court held that the relator had not sufficiently exhausted his state court remedies regarding his conviction for aiding an escape, and therefore the district court erred in discharging him.
• State of Fla. ex rel. William Bradford Huie v. Lewis
  80 So. 2d 685· Fla.· 1955-05-20 ·cited 14×
  William Bradford Huie sought habeas corpus relief from a contempt of court conviction for attempting to influence an appointed court psychiatrist examining the sanity of defendant Ruby McCollum in a pending murder case. The Florida Supreme Court affirmed the contempt conviction,
• Robbins v. Green
  218 F.2d 192· 1st Cir.· 1954-12-21 ·cited 14×
  The federal court correctly denied the warden's motion to dismiss the habeas corpus petition, as the prisoner had exhausted state remedies due to his inability to afford an appeal.
• Lorenzo v. Blackburn
  74 So. 2d 289· Fla.· 1954-07-13 ·cited 14×
  The Florida Supreme Court upheld a contempt conviction against Salvatore Lorenzo for refusing to answer questions during a county solicitor's investigation into bribery and gambling charges. The court held that Florida's immunity statute granted Lorenzo complete protection from p
• United States ex rel. Impastato v. O'Rourke
  211 F.2d 609· 8th Cir.· 1954-04-21 ·cited 14×
  The court held that the deportation order was valid and unassailable because the alien failed to prove his entry date and the proceedings were not unfair, despite a prior recommendation against deportation.
• Corrigan v. Secretary OF Army
  211 F.2d 293· 9th Cir.· 1954-03-05 ·cited 14×
  The court held that the evidence does not support the trial court's conclusion that the petitioner was inducted into the Armed Services.
• Heikkinen v. United States
  208 F.2d 738· 7th Cir.· 1953-11-30 ·cited 14×
  An order denying a motion to reduce bail is an appealable final decision, and the court must grant a hearing to determine if the bail amount is excessive.
• Ex parte Sams
  67 So. 2d 657· Fla.· 1953-10-20 ·cited 14×
  The Florida Supreme Court considered a habeas corpus petition from an inmate challenging the validity of his sentences. The court affirmed the lower court's decision, holding that a void sentence does not affect the commencement of other sentences and that statutory provisions fo
• United States ex rel. Accardi v. Shaughnessy
  206 F.2d 897· 2d Cir.· 1953-08-11 ·cited 14×
  The court held that a dissenting judge's opinion is not the holding of the court.
• Lopez v. Swope
  205 F.2d 8· 9th Cir.· 1953-06-08 ·cited 14×
  The court held that a prisoner's claim regarding the legality of a previously served sentence is irrelevant to the legality of his current detention under valid, consecutive sentences for escape and assault.
• United States ex rel. Meiner v. Ragen
  199 F.2d 798· 7th Cir.· 1952-11-26 ·cited 14×
  The court held that the petitioner's confinement did not violate due process, and the district court correctly denied the writ of habeas corpus.
• United States ex rel. Daverse v. Hohn
  198 F.2d 934· 3d Cir.· 1952-09-17 ·cited 14×
  The court held that the district court did not err in dismissing the habeas corpus petition, as the petitioner failed to establish a denial of constitutional rights regarding juror bias, pre-trial psychiatric examination, or jury communications.
• Harris v. Ellis
  194 F.2d 604· 5th Cir.· 1952-02-15 ·cited 14×
  The appeal is dismissed for want of jurisdiction because a certificate of probable cause was not presented, which is a prerequisite for appeals in habeas corpus proceedings arising from state court detentions.
• United States Ex rel. Adamantides v. Neelly
  191 F.2d 997· 7th Cir.· 1951-10-10 ·cited 14×
  The court held that the district court properly quashed the writ of habeas corpus and dismissed the petition because the administrative deportation proceedings were fair and supported by evidence, and the petitioner failed to properly contest the administrative record.
• Story v. United States
  185 F.2d 952· 8th Cir.· 1950-12-27 ·cited 14×
  The court held that the trial court did not err in denying the motion to vacate the judgment and sentence, as the motion was frivolous and lacked merit.
• Gebhart v. Hunter
  184 F.2d 644· 10th Cir.· 1950-10-25 ·cited 14×
  The court held that the prior adjudication of the same issue barred relitigation under res judicata, and that the concurrent sentences were valid.
• United States ex rel. Knauff v. McGrath
  181 F.2d 839· 2d Cir.· 1950-03-28 ·cited 14×
  The court reversed the denial of a petition for habeas corpus, ordering that a writ issue to allow the respondents an opportunity to file a return.
• Schilder v. Gusik
  180 F.2d 662· 6th Cir.· 1950-03-20 ·cited 14×
  The court held that the habeas corpus writ was improvidently granted because the appellee had not exhausted the new remedy provided by amended Article of War 53, which is applicable even to convictions prior to its effective date.
• Hunter v. Beets
  180 F.2d 101· 10th Cir.· 1950-02-02 ·cited 14×
  The court held that a petitioner must exhaust the administrative remedy provided by Article 53 of the Articles of War before seeking habeas corpus relief, even if the judgment was entered before the amended articles became effective.
• Factor v. FOX
  175 F.2d 626· 6th Cir.· 1949-07-05 ·cited 14×
  The appeal is dismissed because the controversy has become moot due to the petitioner's parole and release from the warden's custody.
• Benjamin v. Hunter
  176 F.2d 269· 10th Cir.· 1949-06-29 ·cited 14×
  The court held that the petitioner was not entitled to immediate release, as his release date, computed under either the prior law or the new statute, would not be affected in a manner that would result in his immediate discharge.
• Little v. Franklin
  40 So.2d 768· Fla.· 1949-05-13 ·cited 14×
  This case involves a father's habeas corpus petition to gain custody of his minor daughter from her maternal grandmother. The court affirmed the lower court's decision to award custody to the grandmother, prioritizing the child's best interests and attachment over the father's pa
• Johnson v. Mayo
  40 So. 2d 134· Fla.· 1949-04-12 ·cited 14×
  This case reviews a habeas corpus proceeding where a prisoner appealed the denial of his release. The court affirmed the lower court's decision, finding that the prisoner was not denied his constitutional right to counsel because he was capable of representing himself despite lac
• Swope v. McDonald
  173 F.2d 852· 9th Cir.· 1949-04-05 ·cited 14×
  The court held that the petitioner was not denied effective assistance of counsel, as the alleged conflict of interest was not genuine and counsel provided competent representation.
• Cuckovich v. United States
  170 F.2d 89· 6th Cir.· 1948-10-22 ·cited 14×
  The court held that the District Court lacked authority to entertain the motion to vacate judgment and that the appeal was untimely.