Habeas Corpus

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

• Adams v. Murphy
  653 F.2d 224· 5th Cir.· 1981-08-14 ·cited 13×
  A conviction for a nonexistent crime, even if invited by defense counsel, violates due process and requires a writ of habeas corpus to issue.
• Sellers v. Estelle
  651 F.2d 1074· 5th Cir.· 1981-07-27 ·cited 13×
  The court held that the prosecution's suppression of evidence favorable to the accused, if material, violates due process, and remanded for an evidentiary hearing to determine if such evidence was withheld.
• Cambel Lee Spikes v. United States
  633 F.2d 144· 9th Cir.· 1980-10-08 ·cited 13×
  The court held that the trial court did not err in denying a hearing on Spikes' motion for post-conviction relief, as the record conclusively showed he was competent to plead guilty.
• Knutson v. Lou V. Brewer
  619 F.2d 747· 8th Cir.· 1980-04-17 ·cited 13×
  A state court's interpretation of a criminal statute, even if not previously explicit, does not violate due process or the ex post facto clause if the interpretation is a common-sense reading of the statutory language and the conduct was clearly unlawful.
• Filomeno Sotelo Mondragon v. Ilchert
  653 F.2d 1254· 9th Cir.· 1980-01-25 ·cited 13×
  The court held that a district court has jurisdiction to review the denial of discretionary relief in a deportation proceeding when the review is sought via a habeas corpus petition.
• Babson v. Louie L. Wainwright
  376 So. 2d 1187· Fla. 5th DCA· 1979-10-17 ·cited 13×
  Billy Ray Babson sought belated appellate review of his 1965 second-degree murder conviction, claiming he never had an appeal because his court-appointed counsel initially discouraged him from appealing and later filed notices of appeal that were dismissed after the Florida Supre
• Carmine Galante v. The Warden
  573 F.2d 707· 2d Cir.· 1977-12-09 ·cited 13×
  The court held that a mandatory releasee has no constitutional right to bail pending a parole revocation hearing and that the Commission has discretion in its procedures.
• Galanis v. Ermen Pallanck
  568 F.2d 234· 2d Cir.· 1977-11-22 ·cited 13×
  The court held that the double jeopardy clause of the 1971 extradition treaty applies to proceedings initiated after its ratification, even if the offense occurred prior to its effective date.
• Kravitz v. Commonwealth OF Pa.
  546 F.2d 1100· 3d Cir.· 1977-02-23 ·cited 13×
  The court held that the habeas corpus petition should not have been dismissed for lack of subject matter jurisdiction, and the declaratory judgment action was properly dismissed because the named defendants could not provide the requested relief.
• George R. Caesar, M.D. v. Mountanos
  542 F.2d 1064· 9th Cir.· 1976-09-13 ·cited 13×
  The court held that compelling disclosure of confidential psychotherapist-patient communications, as interpreted by California Evidence Code Section 1016 in Lifschutz, impermissibly encroaches upon a patient's constitutional right of privacy.
• Sven Pete Tiitsman v. Black
  536 F.2d 678· 6th Cir.· 1976-06-10 ·cited 13×
  The court held that a probation revocation for criminal conduct does not violate due process, even if the probationer was unaware of their probationary status or its conditions, as long as the conduct itself is inherently unlawful.
• Aldo Mario Lovisi and Margaret Lovisi v. Slayton
  539 F.2d 349· 4th Cir.· 1976-05-12 ·cited 13×
  The court should protect the conjugal relationship of husband and wife from state criminalization, even if a third party is present.
• Howell v. Jones
  516 F.2d 53· 5th Cir.· 1975-07-16 ·cited 13×
  The court held that a dismissal for want of a substantial federal question by the Supreme Court is a judgment on the merits that precludes relitigation of the same issues in a habeas corpus proceeding. Furthermore, the summary contempt convictions were not constitutionally defici
• United States ex rel. Joel Smith v. Montanye
  505 F.2d 1355· 2d Cir.· 1974-11-08 ·cited 13×
  The court held that the district court erred in granting the writ of habeas corpus because the petitioner failed to exhaust available state judicial remedies and because the grounds alleged did not properly raise a constitutional issue.
• Helfant v. Kugler
  500 F.2d 1188· 3d Cir.· 1974-07-08 ·cited 13×
  The dissenting judge argues that federal courts should not interfere in ongoing state criminal proceedings absent bad faith, harassment, or truly extraordinary circumstances, which are not present here.
• Paulina Perez v. Jule M. Sugarman
  499 F.2d 761· 2d Cir.· 1974-06-07 ·cited 13×
  The court held that the district court had subject matter jurisdiction over the civil rights suit against private child-caring institutions, finding their actions constituted 'state action' under 42 U.S.C. § 1983.
• Dees v. State
  295 So. 2d 296· Fla.· 1974-05-22 ·cited 13×
  The Florida Supreme Court answered a certified question regarding the constitutionality of Florida's parole revocation statute under the due process requirements established in Morrissey v. Brewer. The Court held that Section 947.23, Florida Statutes, is constitutional and provid
• Bates v. Nelson
  485 F.2d 90· 9th Cir.· 1973-08-09 ·cited 13×
  The court held that the admission of co-defendant statements in violation of Bruton v. United States and the admission of prior convictions invalid under Gideon v. Wainwright were harmless errors beyond a reasonable doubt, and therefore affirmed the denial of the habeas corpus pe
• Anderson v. Beto
  469 F.2d 1076· 5th Cir.· 1972-11-27 ·cited 13×
  The district court failed to follow the appellate court's mandate to determine if state remedies were exhausted before ordering the state to hold an evidentiary hearing.
• United States ex rel. Roney R. Nunes v. Nelson
  467 F.2d 1380· 9th Cir.· 1972-10-02 ·cited 13×
  The court held that a state prisoner is not entitled to a discovery order to aid in preparing a future habeas corpus petition, and claims regarding conditions of imprisonment are moot if the prisoner is no longer in custody.
• Simon v. Woodson
  454 F.2d 161· 5th Cir.· 1972-01-05 ·cited 13×
  The court held that the state court's determination of bail was not arbitrary and did not violate the Eighth or Fourteenth Amendments, reversing the federal court's grant of habeas corpus relief.
• Carlson v. Nelson
  443 F.2d 21· 9th Cir.· 1971-05-14 ·cited 13×
  The Ninth Circuit held that joint representation of co-defendants does not require relief unless an actual conflict of interest is demonstrated, not merely speculated upon.
• Williamson v. State OF Ala.
  441 F.2d 549· 5th Cir.· 1971-04-23 ·cited 13×
  A guilty plea waives non-jurisdictional defects, and a plea to avoid the death penalty is not involuntary.
• State of Fla. ex rel. Philip S. Shailer v. Hon. Stephen R. Booher
  241 So. 2d 720· Fla. 4th DCA· 1970-12-11 ·cited 13×
  The State Attorney sought a writ of prohibition to prevent a circuit judge from enforcing a peremptory writ of habeas corpus that ordered a preliminary hearing for a defendant arrested after an information was filed. The court denied the writ, holding that prohibition was an impr
• Williams v. Robinson
  D.D.C.· 1970-06-19 ·cited 13×
  The court held that hospital decisions regarding patient confinement must be based on adequate records and procedures, and cannot be justified by post-hoc explanations or information not present in the patient's record.
• Cleveland Hollingshead v. Louie L. Wainwright
  423 F.2d 1059· 5th Cir.· 1970-04-28 ·cited 13×
  A federal district court must conduct a hearing if material facts were not adequately developed at the state court hearing, especially concerning claims of ineffective assistance of counsel.
• United States ex rel. John Louis Mertz v. State of N.J.
  423 F.2d 537· 3d Cir.· 1970-03-26 ·cited 13×
  The court held that the admission of police photographs with a cautionary instruction did not constitute a denial of due process, and that the consecutive sentences for robbery and being armed did not violate double jeopardy principles.
• Molignaro v. Lamont Smith
  408 F.2d 795· 5th Cir.· 1969-03-18 ·cited 13×
  A guilty plea waiver of the right to counsel is invalid if the accused is not informed of the maximum possible sentence, especially when the accused lacks education and prior criminal experience.
• Harper v. State
  201 So. 2d 65· Fla.· 1967-07-10 ·cited 13×
  The trial court abused its discretion by refusing to appoint counsel for an indigent defendant at a hearing on a motion for a new trial and a Rule 1 motion, as these are critical stages where assistance of counsel is essential for a fair presentation of claims.
• United States ex rel. Edgar I. Shott, Jr. v. Tehan
  365 F.2d 191· 6th Cir.· 1966-08-19 ·cited 13×
  The court held that the Ohio Securities Act's provision shifting the burden of proof to the defendant to demonstrate an exemption is constitutional and does not violate due process, and that the prosecutor's comment on the defendant's failure to testify was not a due process viol
• United States ex rel. Murray Dickerson v. Rundle
  363 F.2d 126· 3d Cir.· 1966-07-19 ·cited 13×
  The court held that while the retroactivity of Miranda and Escobedo did not apply, the defendant was entitled to a separate hearing on the voluntariness of his confession under Jackson v. Denno, which is retroactive.
• Boone v. State
  183 So. 2d 869· Fla. 1st DCA· 1966-03-15 ·cited 13×
  The court held that the grounds raised in the motion to vacate judgment were either contradicted by the record, insufficient to warrant relief, or only reviewable on direct appeal, which had expired.
• Hudson Kinsey v. State
  179 So. 2d 108· Fla. 1st DCA· 1965-10-21 ·cited 13×
  Hudson Kinsey sought to reinstate a dismissed criminal appeal two years after his attorneys voluntarily dismissed it without his personal consent. The court held that an attorney's actions bind the client under Florida Appellate Rules, and the dismissal was properly entered, reje
• United States ex rel. Norman S. Maisenhelder v. Rundle
  349 F.2d 592· 3d Cir.· 1965-08-25 ·cited 13×
  The court held that the appellant was not denied due process by pleading guilty to murder at a preliminary hearing without counsel, as he later pled guilty with counsel after ample opportunity to prepare.
• United States ex rel. Emilio Martinez-Angosto v. Redfield Mason
  344 F.2d 673· 2d Cir.· 1965-04-07 ·cited 13×
  The court held that neither the INS nor the Navy had lawful authority to arrest and detain Martinez-Angosto under the 1903 Treaty with Spain, violating his Fifth Amendment due process rights.
• Falagon v. State
  167 So. 2d 62· Fla. 2d DCA· 1964-09-09 ·cited 13×
  Morris Morgan Falagon appeals the denial of his post-conviction relief petition, claiming he was denied the right to counsel under Gideon v. Wainwright. The Florida District Court of Appeal reverses, holding that Criminal Procedure Rule 1 permits collateral attacks on sentences e
• Buchanan v. State of Fla. ex rel. Clyde R. Husk
  167 So. 2d 38· Fla. 3d DCA· 1964-08-25 ·cited 13×
  A civil engineer charged with accepting a bribe through a go-between was discharged via habeas corpus by the circuit court, which held that the information failed to state a crime and that he had acquired immunity from prior interrogation. The Florida appellate court reversed, ho
• United States ex rel. James P. Carafas v. LaVALLEE
  334 F.2d 331· 2d Cir.· 1964-06-22 ·cited 13×
  The court held that a petitioner's failure to object to evidence at trial does not preclude federal habeas corpus relief if the evidence was admissible under the law at the time of trial and the state courts have passed on the merits of the constitutional claim.
• Tidmore v. Taylor
  323 F.2d 88· 10th Cir.· 1963-09-23 ·cited 13×
  The court held that the denial of leave to proceed in forma pauperis was proper because the petitioner's claims lacked a rational basis in law or fact.
• Lamb v. Heritage
  310 F.2d 71· 5th Cir.· 1962-11-23 ·cited 13×
  A federal sentence does not commence until the defendant is received at the designated facility for service, even if a state sentence is served concurrently or if the defendant is in state custody.
• Burdette v. Settle
  296 F.2d 687· 8th Cir.· 1961-12-06 ·cited 13×
  The court held that the petitioner had not exhausted his remedies in the sentencing court, and the trial court correctly dismissed his habeas corpus petition without a hearing.
• Stafford v. Superior Court OF State of Cal.
  272 F.2d 407· 9th Cir.· 1959-10-26 ·cited 13×
  The court held that the district court lacked jurisdiction to review alleged errors of state trial courts and that the Declaratory Judgment and All Writs Acts do not confer jurisdiction where none otherwise exists.
• United States ex rel. Robert Lee Goldsby v. Harpole
  249 F.2d 417· 5th Cir.· 1957-11-20 ·cited 13×
  The court held that the district court erred in summarily dismissing the habeas corpus application without a hearing, as the allegations of systematic jury exclusion warranted inquiry.
• State of Fla. ex rel. Mary Freeman v. Kelly
  86 So. 2d 166· Fla.· 1956-03-16 ·cited 13×
  Appellant was arrested and indicted for first-degree murder but posted bond. After voluntarily surrendering to the sheriff, she petitioned for habeas corpus to regain her bond, arguing the proof of guilt was not evident or the presumption great as required by the Florida Constitu
• United States ex rel. Giglio v. Neelly
  208 F.2d 337· 7th Cir.· 1953-11-13 ·cited 13×
  The court held that the petitioner's second conviction for violating former section 282, Title 18, U.S.C. did not involve moral turpitude and therefore was not a proper basis for deportation.
• Duffy v. Wells
  201 F.2d 503· 9th Cir.· 1952-12-31 ·cited 13×
  The court held that the district court had jurisdiction to hear the habeas corpus petition after state remedies were exhausted, but erred in finding the death sentence unconstitutional.
• Moorehead v. Hunter
  198 F.2d 52· 10th Cir.· 1952-07-01 ·cited 13×
  The court held that the amended statute, requiring at least 180 days remaining on a sentence for parole revocation, does not apply retroactively to a parole violator's warrant issued before the amendment's effective date.
• Fook v. Wixon
  170 F.2d 245· 9th Cir.· 1948-10-25 ·cited 13×
  The court held that the district court should have deferred ruling on the merits of the habeas corpus petition until the administrative proceedings were concluded, especially after releasing the petitioner on bail.
• Slattery v. MacDonald
  151 F.2d 326· 6th Cir.· 1945-10-17 ·cited 13×
  The court held that a federal court cannot grant habeas corpus relief when a petitioner is held under a valid state court conviction and sentence for contempt.
• Brewer v. Goff
  138 F.2d 710· 10th Cir.· 1943-10-29 ·cited 13×
  The court held that a person is a fugitive from justice if they committed a crime in one state and are found in another, regardless of the reason for their absence.