Habeas Corpus

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

• Buchannon v. Louie L. Wainwright
  474 F.2d 1006· 5th Cir.· 1973-03-09 ·cited 12×
  The court held that the prisoner's habeas corpus petition lacked merit and affirmed the district court's denial.
• Henning v. United States Bureau OF Prisons
  472 F.2d 1221· 5th Cir.· 1973-02-01 ·cited 12×
  A parole violator's warrant and subsequent revocation order implicitly forfeit all accumulated good time credit without the need for explicit statement.
• Cariston Thornton v. Beto
  470 F.2d 657· 5th Cir.· 1972-12-26 ·cited 12×
  The court held that the arrest and search were lawful, and the appellant's other contentions did not warrant habeas corpus relief.
• Bradley v. State OF Tex.
  470 F.2d 785· 5th Cir.· 1972-12-12 ·cited 12×
  The court held that the district court did not err in denying the petition for a writ of habeas corpus, affirming the denial of relief.
• Cornell Robinson v. State OF Ala.
  469 F.2d 690· 5th Cir.· 1972-11-20 ·cited 12×
  The court held that the trial court's finding that the in-court identification was not tainted by a prejudicial lineup was sufficiently supported by the trial transcript, despite the coram nobis hearing transcript's insufficiency.
• Holley v. Capps
  468 F.2d 1366· 5th Cir.· 1972-11-14 ·cited 12×
  The court held that the timeliness of the appeal was unclear and required initial determination by the district court.
• Rivera v. Concepcion
  469 F.2d 17· 1st Cir.· 1972-11-06 ·cited 12×
  The court held that prolonged incarceration without bail due to transcript delays, even with a potentially frivolous appeal, violates due process.
• Cole v. Laird
  468 F.2d 829· 5th Cir.· 1972-10-24 ·cited 12×
  A court-martial lacks jurisdiction to try a serviceman for off-post, off-duty use of marijuana if the offense is not sufficiently 'service connected'.
• McDONALD v. Louie L. Wainwright
  466 F.2d 1136· 5th Cir.· 1972-09-14 ·cited 12×
  The court held that a federal court should not consider a claim of prejudicial prosecutorial argument until state courts have had an opportunity to rule on the alleged error.
• Woodall v. Pettibone
  465 F.2d 49· 4th Cir.· 1972-08-08 ·cited 12×
  The court held that the prior ruling declaring Maryland's juvenile justice laws unconstitutional should be applied retroactively, but relief must be determined on a case-by-case basis.
• United States ex rel. James A. Stukes v. Shovlin
  464 F.2d 1211· 3d Cir.· 1972-07-31 ·cited 12×
  The court held that the defendant's Sixth Amendment rights were not violated by the denial of counsel at a pretrial psychiatric examination, nor was his right to a speedy trial infringed, and that sufficient evidence supported his felony murder conviction.
• Combs v. Wingo
  465 F.2d 96· 6th Cir.· 1972-07-31 ·cited 12×
  The court held that a confession obtained after a suspect invoked his right to remain silent and requested an attorney is inadmissible as involuntary under the Fifth Amendment.
• M'Clary v. Cal. Adult Auth.
  466 F.2d 1122· 9th Cir.· 1972-07-24 ·cited 12×
  The court held that the district court should reconsider the habeas corpus petition in light of recent controlling decisions regarding parole revocation procedures.
• United States ex rel. Mark Frasier v. Henderson
  464 F.2d 260· 2d Cir.· 1972-07-17 ·cited 12×
  The court affirmed the dismissal of claims regarding evidence seizure and identification procedures but remanded for further proceedings on the claim that the appellant was not informed of his right to appeal a predicate conviction.
• Clement Johnson v. State OF Ariz. & Frank A. Eyman
  462 F.2d 1352· 9th Cir.· 1972-07-12 ·cited 12×
  The court held that the district court erred in denying habeas corpus relief without a hearing, as the state's inconsistent application of a new sentencing rule may violate the Equal Protection Clause.
• Smith v. Gaffney
  462 F.2d 663· 10th Cir.· 1972-07-03 ·cited 12×
  The court held that the federal court should not consider the petitioner's claim regarding credit for time served because he had not exhausted his state remedies on that issue. The court also held that the petitioner's convictions for burglary and larceny did not violate double j
• Gurule v. Turner
  461 F.2d 1083· 10th Cir.· 1972-06-22 ·cited 12×
  The court held that while sentencing without counsel was unconstitutional, the prisoner's new claims regarding his guilty plea require exhaustion of state remedies, and immediate release was improper as the state may resentence him.
• Johns v. Perini
  462 F.2d 1308· 6th Cir.· 1972-06-21 ·cited 12×
  The court held that the petitioner was deprived of his constitutional right to the effective assistance of counsel due to his attorney's failure to adequately investigate and present an alibi defense.
• Application of Anastasios Vassiliou and Verna K. Vassiliou v. Dist. Dir. OF Immigr. & Naturalization Serv.
  461 F.2d 1193· 10th Cir.· 1972-06-16 ·cited 12×
  The court held that the Immigration and Naturalization Service did not abuse its discretion or act arbitrarily and capriciously in denying further extensions for voluntary departure.
• Moye v. Highsmith
  460 F.2d 1388· 5th Cir.· 1972-06-13 ·cited 12×
  The court held that the petitioner was denied due process when the Georgia appellate process foreclosed his ability to file a motion for rehearing and seek certiorari due to inadequate notice and reliance on state-appointed counsel.
• Garrett v. Swenson
  459 F.2d 464· 8th Cir.· 1972-05-16 ·cited 12×
  A sentence tainted by consideration of a constitutionally invalid conviction cannot stand, entitling the petitioner to reconsideration.
• Chaney v. Louie L. Wainwright
  460 F.2d 1263· 5th Cir.· 1972-05-12 ·cited 12×
  The court held that a search incident to arrest is valid if probable cause existed for any offense, even if the arresting officer cited a different offense.
• Jones v. Superintendent, Va. State Farm
  460 F.2d 150· 4th Cir.· 1972-05-04 ·cited 12×
  An indigent prisoner is not entitled to a transcript at government expense without a showing of need, even if the transcript already exists.
• United States ex rel. Frederick Johnson v. Dep't OF Corr. Servs. OF the State of NEW York
  461 F.2d 956· 2d Cir.· 1972-05-01 ·cited 12×
  A defendant does not have a constitutional right to counsel at a post-indictment, pre-trial photographic identification session, and the procedure used was not impermissibly suggestive.
• Burton Andrew Wark v. Robbins
  458 F.2d 1295· 1st Cir.· 1972-04-12 ·cited 12×
  The court held that the petitioner failed to establish that he was similarly circumstanced to female prisoners escaping from a different institution, thus not carrying his burden to show an equal protection violation.
• United States ex rel. John W. Flemings v. Chafee
  458 F.2d 544· 2d Cir.· 1972-03-28 ·cited 12×
  The court held that the O'Callahan decision, which limited court-martial jurisdiction to service-connected offenses, applies retroactively to convictions that became final before O'Callahan was decided.
• Schlomann v. Moseley
  457 F.2d 1223· 10th Cir.· 1972-03-24 ·cited 12×
  The court held that the ruling in O'Callahan v. Parker, which limited military court jurisdiction to service-connected offenses, should not be applied retroactively to convictions that became final before O'Callahan was decided.
• Williams v. Nelson
  457 F.2d 376· 9th Cir.· 1972-03-22 ·cited 12×
  The court held that the petitioner's constitutional rights were not violated by the use of a tape recording of his conversation with a co-defendant, nor by the introduction of a co-defendant's confession, and affirmed the denial of habeas corpus relief.
• COX v. State OF Kan.
  456 F.2d 1279· 10th Cir.· 1972-03-14 ·cited 12×
  A voluntary guilty plea, intelligently made under then-applicable law, is not invalidated by later judicial decisions, and the Boykin standard is not retroactive.
• Polsky v. Major General Roderick Wetherill
  455 F.2d 960· 10th Cir.· 1972-03-02 ·cited 12×
  The court held that the Army's denial of a conscientious objector discharge lacked a basis in fact, as the applicant's beliefs crystallized after entering service.
• Hendricks v. Swenson
  456 F.2d 503· 8th Cir.· 1972-03-01 ·cited 12×
  The dissenting judge argues that the defendant's videotaped confession should be inadmissible due to his low intelligence, the selective editing of the recording, and the inherent prejudicial impact of the medium.
• Evans v. Swenson
  455 F.2d 291· 8th Cir.· 1972-02-10 ·cited 12×
  The court held that the warnings given to the appellant substantially complied with Miranda requirements, and his subsequent statements were voluntary and admissible.
• McCLUSTER v. Louie L. Wainwright
  453 F.2d 162· 5th Cir.· 1972-01-05 ·cited 12×
  A federal habeas corpus petitioner who has had claims considered by the highest state court on direct appeal has exhausted state remedies and is not required to present claims again in a collateral proceeding.
• Earin v. Beto
  453 F.2d 376· 5th Cir.· 1972-01-03 ·cited 12×
  A guilty plea to avoid the death penalty is valid, and a sentencing statute without a maximum is constitutional.
• Bretti v. Louie L. Wainwright
  255 So. 2d 266· Fla.· 1971-12-01 ·cited 12×
• Bartz v. Louie L. Wainwright
  451 F.2d 663· 5th Cir.· 1971-11-19 ·cited 12×
  The court held that a petitioner who has had claims considered by the highest state court on direct appeal has exhausted state remedies for those claims. The court found that certain claims were properly dismissed but others were exhausted and should be considered on the merits.
• Phillips v. Pitchess
  451 F.2d 913· 9th Cir.· 1971-11-10 ·cited 12×
  The court held that a retrial after a successful appeal does not violate double jeopardy, and that the denial of a motion for substitution of counsel was a sound exercise of judicial discretion. Habeas corpus relief was denied on all grounds.
• United States ex rel. David Green H-5527 v. Rundle
  452 F.2d 232· 3d Cir.· 1971-10-29 ·cited 12×
  The court held that a federal habeas corpus writ should not be granted when a state prisoner's claims of improper joinder and lack of cautionary instruction were waived by counsel's strategic decisions, which were within the range of normal competency.
• Arlen v. Hon. Melvin Laird
  451 F.2d 684· 2d Cir.· 1971-10-28 ·cited 12×
  A district court has jurisdiction to entertain a habeas corpus petition filed by an unattached reservist residing within its territorial jurisdiction, even if the nominal commanding officer is located elsewhere.
• Jackson v. Louie L. Wainwright
  450 F.2d 289· 5th Cir.· 1971-10-26 ·cited 12×
  The district court correctly denied a state prisoner's habeas corpus petition for failure to exhaust state remedies.
• United States ex rel. Regis Charles Schultz v. Brierley
  449 F.2d 1286· 3d Cir.· 1971-10-18 ·cited 12×
  A state prisoner who has raised and preserved federal constitutional questions on direct appeal has exhausted state remedies for federal habeas corpus purposes, even if state post-conviction remedies are available.
• Smith v. Capt. James M. Campbell
  450 F.2d 829· 9th Cir.· 1971-10-11 ·cited 12×
  A district court retains habeas corpus jurisdiction if the petitioner and custodian were within its territorial jurisdiction at the time the petition was filed, even if the petitioner is subsequently removed from the district.
• Ellis v. State OF Me.
  448 F.2d 1325· 1st Cir.· 1971-10-04 ·cited 12×
  The court held that a petitioner is not entitled to a free transcript to search for errors in a collateral relief petition and refused a certificate of probable cause.
• Ashe v. Robinson
  450 F.2d 681· D.C. Cir.· 1971-09-14 ·cited 12×
  The court held that the patient's claim regarding current treatment in the least restrictive alternative should be litigated, vacating the dismissal of the habeas corpus petition.
• Brown v. Louie L. Wainwright
  447 F.2d 980· 5th Cir.· 1971-09-10 ·cited 12×
  The court held that federal courts lack jurisdiction to entertain a habeas corpus petition attacking a sentence that has already expired and is unrelated to the current sentence of confinement.
• Bratcher v. McNAMARA
  448 F.2d 222· 9th Cir.· 1971-09-08 ·cited 12×
  The court held that while the trial court erred in dismissing the complaint based on the pending court martial, the Secretary of the Army's decision to deny discharge and assign the appellant to non-combatant duties was supported by a factual basis and complied with applicable re
• United States ex rel. Warren Lee Taylor v. Major Edward W. Fritz
  446 F.2d 36· 8th Cir.· 1971-08-09 ·cited 12×
  The court held that a registrant must exhaust administrative remedies regarding their Selective Service classification before seeking judicial review via habeas corpus, even if challenging medical acceptability.
• Morrison v. Lt. General Stanley R. Larsen
  446 F.2d 250· 9th Cir.· 1971-07-28 ·cited 12×
  The court held that the district court erred in ordering discharge, as the serviceman's claim was a 'late filing' rather than 'late crystallization' of beliefs, and the Army's finding of fixed pre-induction beliefs had a basis in fact.
• Rastin v. Hon. Melvin Laird
  445 F.2d 645· 9th Cir.· 1971-07-23 ·cited 12×
  The court held that the Navy's disapproval of a conscientious objector discharge application lacked a basis in fact, as the stated reasons were unpersuasive and contradicted by officer assessments.
• Lawton v. Tarr
  446 F.2d 787· 4th Cir.· 1971-07-12 ·cited 12×
  The court held that the registrant's induction was lawful because the procedures followed complied with Selective Service regulations, including the 'inability of the local board to act' exception.