Habeas Corpus

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

• Behrens v. Hironimus
  166 F.2d 245· 4th Cir.· 1948-02-18 ·cited 14×
  The court held that the petitioner's allegations of denial of counsel and a coerced guilty plea, if true, entitle her to a hearing on her petition for a writ of habeas corpus.
• Jones v. Clemmer
  163 F.2d 852· D.C. Cir.· 1947-09-04 ·cited 14×
  The 1947 D.C. Parole Act, specifically its provision for earning commutation for good conduct after parole revocation, cannot be applied retroactively to a prisoner whose parole was revoked and whose good conduct occurred prior to the Act's effective date.
• Brewer v. Hunter
  163 F.2d 341· 10th Cir.· 1947-07-28 ·cited 14×
  The court held that the evidence of the petitioner's release from a mental institution was sufficient to overcome the presumption of insanity at the time of his trial and conviction, and thus the trial court did not err in denying his habeas corpus petition.
• United States ex rel. Kessler v. Watkins
  163 F.2d 140· 2d Cir.· 1947-07-24 ·cited 14×
  The court held that the statute authorizing the restraint and removal of alien enemies applies even after the cessation of active hostilities, as long as a state of war has not been officially terminated by peace.
• DEL Guercio v. Gabot
  161 F.2d 559· 9th Cir.· 1947-05-13 ·cited 14×
  The court held that the petitioner, a Philippine national, was not considered an alien at the time of his offense, thus the deportation statute was inapplicable. The court affirmed the lower court's grant of the writ of habeas corpus.
• United States ex rel. Volpe v. Jordan
  161 F.2d 390· 7th Cir.· 1947-02-12 ·cited 14×
  The court held that a state court order vacating a naturalization decree without proper notice, in contravention of federal statutory procedure, is void and does not affect the citizenship previously granted.
• United States ex rel. Doukas v. Wiley
  160 F.2d 92· 7th Cir.· 1947-02-07 ·cited 14×
  The court held that the deportation warrant remained valid despite delays and procedural challenges, and the appellant received a fair hearing.
• Price v. Johnston
  159 F.2d 234· 9th Cir.· 1947-01-08 ·cited 14×
• United States ex rel. Rooney v. Ragen
  158 F.2d 346· 7th Cir.· 1946-11-20 ·cited 14×
  A federal court has jurisdiction to hear a habeas corpus petition alleging a due process violation based on knowing use of perjured testimony, even if state remedies appear time-barred, provided the petitioner has exhausted available state remedies.
• United States ex rel. Rubinstein v. Mulcahy
  155 F.2d 1002· 2d Cir.· 1946-06-14 ·cited 14×
  The court held that the bail set was excessive and therefore unlawful, and that the petitioner was entitled to release on reasonable bail.
• Albert ex rel. Buice v. Patterson
  155 F.2d 429· 1st Cir.· 1946-05-20 ·cited 14×
  The court held that the district court's finding that the petitioner failed to sustain his burden of proof was not clearly erroneous and was supported by the record, thus affirming the dismissal of the habeas corpus petition.
• United States ex rel. Goodman v. Hearn
  153 F.2d 186· 5th Cir.· 1946-01-15 ·cited 14×
  The court held that the Selective Service Boards' classification of a registrant as 1-A, denying his claim for exemption as a ministerial student, was final and not subject to judicial review via habeas corpus, absent a showing of arbitrary or capricious action or denial of due p
• Leonhard v. Eley
  151 F.2d 409· 10th Cir.· 1945-10-16 ·cited 14×
  An alien enemy's potential discharge from the Army is for the protection of the United States, not the alien, and does not entitle them to a writ of habeas corpus if the military authorities choose not to discharge them.
• Velazquez v. Sanford
  150 F.2d 491· 5th Cir.· 1945-07-11 ·cited 14×
  The court held that the appellant's prior conviction was valid and that the issues raised, including double jeopardy, were not grounds for habeas corpus relief.
• Strong v. Huff
  148 F.2d 692· D.C. Cir.· 1945-04-23 ·cited 14×
  The court held that a petition for habeas corpus alleging trial errors cannot be reviewed without a transcript or equivalent certification, absent exceptional circumstances.
• Mayborn v. Heflebower
  145 F.2d 864· 5th Cir.· 1944-12-13 ·cited 14×
  A selectee who participates in the induction ceremony and subsequently accepts military obligations and benefits is subject to military jurisdiction, even if they refuse to take the oath.
• Rookard v. Huff
  145 F.2d 708· D.C. Cir.· 1944-12-04 ·cited 14×
  The court held that a second petition for a writ of habeas corpus presenting the same grounds as a prior denied petition may be dismissed, giving controlling weight to the prior adjudication.
• Andrews v. Robertson
  145 F.2d 101· 5th Cir.· 1944-10-25 ·cited 14×
  A federal court cannot nullify a state court conviction based on the alleged incompetence of chosen counsel, absent proof of mental incapacity amounting to a denial of due process.
• De Maurez v. Squier
  144 F.2d 564· 9th Cir.· 1944-08-17 ·cited 14×
  The court held that a check drawn against the Civil Service Retirement fund is not a pension check, and therefore the petitioner was properly sentenced under 18 U.S.C.A. § 73.
• Bates v. Bates
  141 F.2d 723· D.C. Cir.· 1944-03-27 ·cited 14×
  The court held that imprisonment is not authorized for enforcement of maintenance pendente lite orders, as it is not an "especially provided" case under the statute.
• Bayless v. United States
  141 F.2d 578· 9th Cir.· 1944-03-16 ·cited 14×
  The court held that a prisoner cannot escape custody based on a potentially voidable sentence before a court has adjudicated its invalidity.
• United States ex rel. Chasteen v. Denemark
  138 F.2d 289· 7th Cir.· 1943-11-03 ·cited 14×
  A judgment imposing a consecutive sentence must be clear and definite to be valid; otherwise, the consecutive portion is without effect.
• United States ex rel. Zdunic v. UHL
  137 F.2d 858· 2d Cir.· 1943-08-18 ·cited 14×
  The court held that the pleadings raised material issues of fact regarding the relator's status as an alien enemy, requiring a hearing. The appeal from the order denying reargument was dismissed as discretionary.
• Schita v. King
  133 F.2d 283· 8th Cir.· 1943-02-15 ·cited 14×
  The court held that the lower court erred in dismissing the habeas corpus petition, as the allegations, if true, could demonstrate a denial of due process.
• Beckett v. Hudspeth
  131 F.2d 195· 10th Cir.· 1942-10-24 ·cited 14×
  The court held that the petitioner was not denied effective assistance of counsel and was afforded a proper hearing on his habeas corpus petition.
• O'Keith v. Johnston
  129 F.2d 889· 9th Cir.· 1942-08-20 ·cited 14×
  The court held that a finding of intelligent waiver of counsel is a factual determination binding on appeal, and that habeas corpus proceedings require a summary hearing by the judge, not a jury trial.
• Robinson v. Johnston
  130 F.2d 202· 9th Cir.· 1942-08-10 ·cited 14×
• Bell v. United States
  129 F.2d 290· 5th Cir.· 1942-07-06 ·cited 14×
  The court held that the trial court did not err in denying the prisoner's petition to void his conviction, as the evidence supported the finding that he was offered and declined counsel and enjoyed his constitutional rights.
• Kelly v. Johnston
  128 F.2d 793· 9th Cir.· 1942-06-08 ·cited 14×
• Meeks v. Kaiser
  125 F.2d 826· 8th Cir.· 1942-02-16 ·cited 14×
  The court held that a habeas corpus petition was properly denied because the appellant was not unlawfully restrained of his liberty, as he was committed on two valid sentences that had not yet been served.
• Hudspeth v. Melville
  127 F.2d 373· 10th Cir.· 1941-11-12 ·cited 14×
  The dissenting judge holds that the phrase 'any felony' in the statute should be interpreted to mean only federal felonies affecting national banks or currency, not all state felonies.
• Morton v. Henderson
  123 F.2d 48· 5th Cir.· 1941-10-21 ·cited 14×
  The federal court should not intervene by habeas corpus when state remedies have not been exhausted for all issues.
• Kramer v. State of Nev.
  122 F.2d 417· 9th Cir.· 1941-09-09 ·cited 14×
• Osborne v. Johnston
  120 F.2d 947· 9th Cir.· 1941-06-14 ·cited 14×
  The petition for a writ of habeas corpus does not state facts entitling the appellant to relief because the allegations do not demonstrate a lack of jurisdiction in the original trial court.
• State ex rel. William J. Cooper v. Coleman
  138 Fla. 520· Fla.· 1939-06-09 ·cited 14×
  The Florida Supreme Court upheld a perjury charge against William J. Cooper, holding that an Assistant State Attorney has the authority to administer oaths to witnesses during criminal investigations and that false testimony given under such an oath constitutes perjury. The court
• Scott v. Stone
  129 Fla. 784· Fla.· 1937-11-04 ·cited 14×
  Willie Scott challenged his conviction for operating a motor truck without a properly positioned rear-view mirror, arguing that a 1925 statute had repealed the 1923 requirement. The Florida Supreme Court held that the 1925 act did not repeal the mirror requirement because the sta
• Whiddon v. Vickers
  127 Fla. 222· Fla.· 1937-03-04 ·cited 14×
  The Florida Supreme Court reversed a conviction under a Jasper city ordinance requiring a $100 license fee (later reduced to $15) from persons soliciting laundry business without a permanent place of business in the city. The Court found the ordinance unconstitutional as an imper
• Tittsworth v. Akin
  118 Fla. 454· Fla.· 1935-02-21 ·cited 14×
  The Florida Supreme Court reversed the Circuit Court's discharge of Claire Akin from police custody on habeas corpus, holding that Tampa's Ordinance No. 550-A, which prohibited retail liquor dealers from also engaging in drug or merchandise businesses in the same building, was a
• State v. Sweat
  113 Fla. 797· Fla.· 1934-01-23 ·cited 14×
  The Florida Supreme Court held that the Documentary Stamp Law of 1931 does not require tax stamps on assignments of mortgages when the certificate of indebtedness is shown in a separate instrument. The Court granted habeas corpus relief to petitioners charged with violating the s
• State v. Prescott
  110 Fla. 261· Fla.· 1933-05-18 ·cited 14×
  The Florida Supreme Court quashed a writ of habeas corpus, holding that a prior circuit court judgment on the same issues was res judicata and barred a subsequent habeas corpus petition in the Supreme Court. This case clarifies the finality of circuit court judgments in original
• Tyson v. Stoutamire
  104 Fla. 505· Fla.· 1932-03-21 ·cited 14×
  This case concerns the constitutionality of differing weight limits for "private" and "certificated" motor vehicles. The court held that the legislature can impose different regulations on different classes of vehicles, and that the statutes in question did not unconstitutionally
• Foxworth v. W. E. Law
  77 Fla. 596· Fla.· 1919-05-08 ·cited 14×
  The Florida Supreme Court reversed the lower court's remand of three individuals arrested for transporting intoxicating liquors in Hernando County. The Court held that the statute's prohibition on transporting liquor applied only to transportation INTO dry counties or by common c
• Douglass v. W. J. Shackelford as Marshal of the City of Lake City
  73 Fla. 889· Fla.· 1917-04-19 ·cited 14×
  W. B. Douglass challenges a municipal court conviction and sentence via habeas corpus. The Florida Supreme Court affirms the Circuit Court's order remanding Douglass to custody for proper sentencing by the Mayor, holding that despite procedural defects in the original sentence, t
• McDonald v. Smith
  68 Fla. 77· Fla.· 1914-10-16 ·cited 14×
  The Florida Supreme Court held that sentences imposed by the Criminal Court of Record requiring defendants to serve hard labor on county roads were void because Florida law did not authorize such sentences for misdemeanors. The court reversed the judgments and remanded for imposi
• Vann v. State
  65 Fla. 160· Fla.· 1913-02-11 ·cited 14×
  The Florida Supreme Court affirmed a lower court's decision denying a habeas corpus petition. The petitioners were convicted of violating a fishing law and sought release, arguing the law was unconstitutional due to improper notice. The court held that determining the sufficiency
• Ex parte Beville
  58 Fla. 170· Fla.· 1909-06-01 ·cited 14×
  The Florida Supreme Court held that a wife may be compelled to testify against her husband in both civil and criminal cases where he is a party, rejecting her claim of privilege to remain silent. The court determined that Florida's statutes had abolished both the common law disqu
• Amos Randall v. Tillis
  43 Fla. 43· Fla.· 1901-01-01 ·cited 14×
  Amos Randall was convicted of illegally selling intoxicating liquors in violation of a local option prohibition statute. He challenged his imprisonment via habeas corpus, claiming the statute did not apply to Polk County and was unconstitutional. The Florida Supreme Court affirme
• Ex parte Harris
  26 Fla. 77· Fla.· 1890-01-01 ·cited 14×
  The court considered whether a judge's familial relationship to a defendant's in-law constituted legal disqualification, preventing the judge from taking action on a robbery charge. The court held that the relationship did not create legal disqualification, but acknowledged the o
• Ex Parte
  20 Fla. 806· Fla.· 1884-06-01 ·cited 14×
  G.D. Powell challenges his extradition to Georgia on a fugitive from justice warrant issued by the Florida Governor. The Florida Supreme Court initially reversed Powell's detention, finding the Governor's warrant lacked sufficient judicial authorization, but on a second habeas pe
• Ex-Parte J. C. H.
  17 Fla. 362· Fla.· 1879-06-01 ·cited 14×
  In this habeas corpus proceeding, the Florida Supreme Court upheld the Circuit Court's authority to imprison a man until he complies with a court order to post a bond for child support obligations under the bastardy act. The court held that the power to enforce specific performan