Habeas Corpus

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

• Faye v. Gray
  541 F.2d 665· 7th Cir.· 1976-09-09 ·cited 12×
• Lyman T. Shepard v. United States Bd. OF Parole
  541 F.2d 322· 2d Cir.· 1976-09-07 ·cited 12×
  A parolee detained pending a parole revocation hearing has a due process right to a meaningful opportunity to contest the detainer, including timely disclosure of evidence against him and a statement of reasons for the decision, even if an in-person hearing is not required.
• Dreske v. Holt
  536 F.2d 105· 5th Cir.· 1976-08-02 ·cited 12×
  The court held that the statute prohibiting resisting arrest without violence was not unconstitutional on its face or as applied, and that the petitioner's other claims of prosecutorial misconduct and trial prejudice lacked merit.
• Ewather Hall v. Wolff
  539 F.2d 1146· 8th Cir.· 1976-07-26 ·cited 12×
  The court held that a violation of the Bruton rule does not mandate automatic reversal if the properly admitted evidence of guilt is overwhelming and the prejudicial effect of the codefendant's admission is insignificant, and that the petitioner's confessions were voluntary under
• Berryman v. Colbert
  538 F.2d 1247· 6th Cir.· 1976-07-21 ·cited 12×
  The court held that prosecutorial comment on the defendant's failure to testify violated the Fifth Amendment regarding the murder conviction, but was harmless error for the conspiracy conviction due to strong evidence.
• United States ex rel. Walter Bibbs v. Twomey
  538 F.2d 151· 7th Cir.· 1976-07-12 ·cited 12×
  The court held that the petitioner waived his right to challenge the introduction of prior convictions by failing to object at trial, and that oral argument on a habeas petition is discretionary.
• Lolita I. Alvarez v. Dist. Dir. OF the U. S. Immigr. & Naturalization Serv.
  539 F.2d 1220· 9th Cir.· 1976-07-07 ·cited 12×
  The court held that the appellee, a citizen of the Philippines, did not qualify as a special immigrant because she did not maintain a US residence and her extended stays abroad were not temporary visits. The district court erred in substituting its findings for those of the immig
• Noll v. The People OF the State OF Neb.
  537 F.2d 967· 8th Cir.· 1976-06-17 ·cited 12×
  Federal habeas corpus jurisdiction does not lie in the district court where the petitioner is not in the custody of the respondent, even if a prior conviction from that district was used to enhance a sentence in another state.
• Hofmann v. Louie L. Wainwright
  332 So. 2d 18· Fla.· 1976-04-28 ·cited 12×
  A Florida parolee seeking habeas corpus relief challenged the state's failure to hold an immediate parole revocation hearing after his federal conviction and imprisonment out of state. The Florida Supreme Court held that Morrissey v. Brewer does not require immediate revocation h
• Crapps v. Murchek
  330 So. 2d 173· Fla. 4th DCA· 1976-04-02 ·cited 12×
  Johnnie Mae Crapps was convicted of manslaughter in the stabbing death of Willie Gordon, but evidence supported her self-defense claim. Due to a breakdown in jury communications regarding verdict forms, the jury unanimously agreed on a verdict of 'guilty of justifiable homicide'
• Durkin v. Davis
  538 F.2d 1037· 4th Cir.· 1976-03-23 ·cited 12×
  The court held that the petitioner had not exhausted state remedies by failing to properly present his federal claim to the state courts, and therefore the federal court should have dismissed the petition.
• United States ex rel. Agnes Scranton v. The State OF NEW York
  532 F.2d 292· 2d Cir.· 1976-03-15 ·cited 12×
  A federal court should not grant habeas corpus relief to a state prisoner who has not exhausted all available state remedies, even if the prisoner claims a speedy trial violation.
• TOM v. Sutton
  533 F.2d 1101· 9th Cir.· 1976-03-10 ·cited 12×
  Indian tribal courts are not required by the Indian Civil Rights Act or tribal constitutions to provide appointed counsel to indigent defendants in criminal proceedings.
• White v. Wyrick
  530 F.2d 818· 8th Cir.· 1976-03-02 ·cited 12×
• Louie L. Wainwright v. Sykes
  528 F.2d 522· 5th Cir.· 1976-02-25 ·cited 12×
  A state prisoner's failure to object to the admissibility of incriminating statements does not constitute a waiver of his right to challenge their voluntariness if the trial court failed to conduct a proper hearing to determine admissibility.
• Schleicher v. Wyrick
  529 F.2d 906· 8th Cir.· 1976-02-04 ·cited 12×
  The court held that the admission of fingerprint evidence, even if potentially obtained from an illegal arrest, was proper because no objection was raised at trial, and habeas corpus cannot be used to review state court evidentiary rulings absent a denial of fundamental due proce
• Stewart v. Cowan
  528 F.2d 79· 6th Cir.· 1976-01-07 ·cited 12×
  The admission of hearsay testimony regarding an FBI ballistics report and anonymous phone calls violated the Confrontation Clause of the Sixth Amendment because the prosecution failed to show the unavailability of the declarants and the statements lacked sufficient indicia of rel
• Rodrigo Partida v. Claudio Castaneda
  524 F.2d 481· 5th Cir.· 1975-12-11 ·cited 12×
  The court held that the county's evidence was insufficient to rebut the prima facie case of discrimination in grand jury selection, despite the Mexican-American majority in the population.
• Paine v. McCARTHY
  527 F.2d 173· 9th Cir.· 1975-12-08 ·cited 12×
  The court held that the district court erred in finding a deliberate bypass of state remedies, but affirmed the dismissal on the merits of the speedy trial and handwriting exemplar claims.
• United States ex rel. James Morris Fletcher v. Walters
  526 F.2d 359· 3d Cir.· 1975-11-12 ·cited 12×
  A federal court may consider the validity of prior uncounselled convictions for habeas corpus relief from a subsequent sentence, even if those prior convictions have not been challenged in state court.
• Norris v. The State OF Ga.
  522 F.2d 1006· 4th Cir.· 1975-07-24 ·cited 12×
  The court held that service on the prisoner's custodian in the state of confinement is sufficient to establish personal jurisdiction over other states that have lodged detainers against the prisoner, allowing the court in the state of confinement to adjudicate the validity of tho
• Walker v. The Hon. George B. Dillard
  523 F.2d 3· 4th Cir.· 1975-07-10 ·cited 12×
  The court held that the Virginia statute is facially overbroad and cannot be enforced as written because it infringes upon constitutionally protected speech.
• Greely Kallie v. Estelle
  515 F.2d 588· 5th Cir.· 1975-07-03 ·cited 12×
• Artis X. Johnson v. United States Dist. Court FOR the Dist. OF Neb.
  519 F.2d 738· 8th Cir.· 1975-06-30 ·cited 12×
  The court held that while a district court should generally consider exhausted claims in a habeas petition, it need not do so when the exhausted and unexhausted claims are interrelated and intertwined.
• Winford Anthony Weeks v. Estelle
  509 F.2d 760· 5th Cir.· 1975-03-17 ·cited 12×
  The court held that the arrest was based on probable cause derived from a reliable informant whose information was corroborated by independent police work, and that the search of the vehicle was valid based on the owner's consent.
• Capuchino v. Estelle
  506 F.2d 440· 5th Cir.· 1975-01-13 ·cited 12×
  The court held that the appellant's claims regarding illegal search, unconstitutional statute, cruel and unusual punishment, and denial of a fair trial were without merit.
• Augustus F. Heald v. Garrell S. Mullaney
  505 F.2d 1241· 1st Cir.· 1974-11-13 ·cited 12×
  The court held that the state trial court's erroneous use of special questions in a criminal case, in these unique circumstances, did not amount to a denial of due process or violate the defendant's right to an impartial jury.
• McCUSKER v. Hoyt C. Cupp
  506 F.2d 459· 9th Cir.· 1974-10-15 ·cited 12×
  Magistrates lack authority to conduct evidentiary hearings in habeas corpus cases, and such hearings must be held by a district judge.
• Dorrough v. Estelle
  497 F.2d 1007· 5th Cir.· 1974-07-29 ·cited 12×
  The court held that a statutory classification denying appeal to prisoners recaptured within two days of escape violates equal protection.
• Staudmier v. United States
  496 F.2d 1191· 10th Cir.· 1974-06-03 ·cited 12×
  The court held that the aggregation provisions of 18 U.S.C. § 4161 are inapplicable to sentences imposed under the Youth Corrections Act.
• Jones v. Breed
  497 F.2d 1160· 9th Cir.· 1974-05-15 ·cited 12×
  The Fifth Amendment guarantee of double jeopardy fully applies to juvenile court proceedings, and jeopardy attaches during the delinquency hearing, preventing subsequent prosecution as an adult for the same offense.
• Randall v. Estelle
  492 F.2d 118· 5th Cir.· 1974-04-04 ·cited 12×
  The court held that the district court erred in denying habeas relief without an evidentiary hearing to determine if the petitioner's trial testimony was voluntarily given or impelled by an illegally obtained confession.
• State ex rel. Edward E. Loper v. Stack
  291 So. 2d 207· Fla. 4th DCA· 1974-03-08 ·cited 12×
  The court held that the burden is on the accused to demonstrate entitlement to bail, not on the state to prove guilt is evident or presumption is great.
• Bailey v. Ault
  490 F.2d 71· 5th Cir.· 1974-02-20 ·cited 12×
  The court held that the district court erred in dismissing the claim regarding denial of the right to a direct appeal for failure to exhaust state remedies, as this issue had been previously litigated and decided adversely in state courts.
• RAY v. Rose
  491 F.2d 285· 6th Cir.· 1974-01-29 ·cited 12×
  The court held that the record did not support vacating a guilty plea based on alleged coercion, as the defendant explicitly affirmed its voluntariness under oath.
• Nurnberg v. Froehlke
  489 F.2d 843· 2d Cir.· 1973-12-28 ·cited 12×
  The court held that there was a basis in fact to support the Army's finding that the petitioner's conscientious objector beliefs had matured prior to his enlistment, and that the lower court erred in imposing a higher burden of proof on the Army.
• Oaks v. Louie L. Wainwright
  305 So. 2d 1· Fla.· 1973-12-20 ·cited 12×
  In this original habeas corpus proceeding, the Florida Supreme Court held that the State violated the due process requirements established in Morrissey v. Brewer when it revoked Oaks' parole without providing a preliminary hearing and delayed responding to the writ by 101 days. T
• United States ex rel. Armstrong John v. Casscles
  489 F.2d 20· 2d Cir.· 1973-12-05 ·cited 12×
  The court held that the state court's determination that the witness's identification testimony was not tainted by impermissibly suggestive photographic identification procedures was supported by the record.
• Wells v. Louie L. Wainwright
  488 F.2d 522· 5th Cir.· 1973-12-04 ·cited 12×
  The court held that the federal habeas corpus court erred in declining to hold a hearing to determine the factual basis of petitioners' claims regarding jury selection.
• Smith v. Laird
  486 F.2d 307· 10th Cir.· 1973-10-19 ·cited 12×
  The court held that there was no basis in fact for denying the conscientious objector application, but that the district court lacked authority to impose a condition of alternative civilian service on the discharge.
• Jenkins v. Louie L. Wainwright
  285 So. 2d 5· Fla.· 1973-10-17 ·cited 12×
  In this original habeas corpus proceeding, the Florida Supreme Court determined that when a trial court sentences a defendant to concurrent terms and explicitly grants jail-time credit for one count, that credit applies to both concurrent sentences, not just the first. The court
• Crowe v. State OF S.D.
  484 F.2d 1359· 8th Cir.· 1973-10-04 ·cited 12×
  The court held that the appellant failed to establish reversible error in the acceptance of his guilty plea or denial of effective assistance of counsel.
• Ansley v. Stynchcombe
  480 F.2d 437· 5th Cir.· 1973-06-12 ·cited 12×
  The court held that the defendant was not subjected to double jeopardy and that the electronic surveillance evidence was lawfully obtained.
• Artis Scarborough v. State
  278 So. 2d 657· Fla. 2d DCA· 1973-05-30 ·cited 12×
  A guilty plea is valid even if the defendant pleads to avoid a potential death sentence, provided the plea is knowing and voluntary and counsel's advice was competent.
• Wilhelm J. Bruss, Sr. v. Harris
  479 F.2d 392· 10th Cir.· 1973-05-29 ·cited 12×
  The court held that the district court erred by not holding an evidentiary hearing to determine if a federal detainer caused the appellant's continued state confinement and inability to make bail.
• United States ex rel. Arnold Cleveland v. Casscles
  479 F.2d 15· 2d Cir.· 1973-05-25 ·cited 12×
  The court held that the federal district court should not have ruled on the constitutional issue until the state sentencing court had an opportunity to address the new factual allegation of the petitioner not being the stabber.
• Horton C. Weiss v. Waldon C. Burr
  484 F.2d 973· 9th Cir.· 1973-05-21 ·cited 12×
  The majority erred in reversing the trial court's contempt finding based on a point not properly raised or briefed.
• United States ex rel. Gilbert John Gaugler v. Brierley
  477 F.2d 516· 3d Cir.· 1973-04-16 ·cited 12×
  A federal court, in a habeas corpus proceeding challenging a state conviction, may consider sworn oral testimony presented to a state judicial officer in support of a search warrant application, even if the affidavit alone is insufficient to establish probable cause.
• Thompson v. Dilley
  275 So. 2d 234· Fla.· 1973-03-28 ·cited 12×
  A Florida Supreme Court decision holding that when a trial court's appointed public defender fails to comply with a criminal defendant's explicit request to appeal a conviction, the state has violated the defendant's constitutional right to appeal, requiring the case be transferr
• Eisel v. Secretary OF THE Army
  477 F.2d 1251· D.C. Cir.· 1973-03-28 ·cited 12×
  The court held that the District Court lacked jurisdiction to hear the habeas corpus petitions filed by inactive reservists seeking discharge. The court determined that the 'immediate custodian' concept was not determinative and that jurisdiction should be based on practical cons