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. Harold W. Huisinga v. Commanding Officer
  446 F.2d 124· 8th Cir.· 1971-06-28 ·cited 12×
  The court affirmed the district court's grant of a writ of habeas corpus, holding that the government could not raise issues on appeal that were not presented to the trial court.
• Gonzales v. Beto
  445 F.2d 1202· 5th Cir.· 1971-06-21 ·cited 12×
• Rosengart v. Laird
  449 F.2d 523· 2d Cir.· 1971-06-09 ·cited 12×
  The court held that there was a sufficient basis in fact in the record for the Army's determination that the appellant's conscientious objector beliefs were not sincerely held, and that the district court's procedural remands did not deny due process.
• Brady v. Superintendent, Anne Arundel Cnty. Detention Ctr.
  443 F.2d 1307· 4th Cir.· 1971-06-09 ·cited 12×
  The court held that even if the right to a speedy trial applied to the period between conviction and sentencing, the defendant was not entitled to release due to insufficient prejudice from the delay. The court also found no due process or equal protection violation regarding the
• In re the Petition of Dale Percy for a Writ of Habeas Corpus. Dale Percy v. State OF S.D.
  443 F.2d 1232· 8th Cir.· 1971-06-04 ·cited 12×
  The dissenting opinion argues that the double jeopardy and due process clauses barred prosecution for kidnapping after a prior conviction for a related offense arising from the same criminal act. It also contends that a harsher sentence imposed after an appeal, without justificat
• Jenkins v. Beto
  442 F.2d 655· 5th Cir.· 1971-05-11 ·cited 12×
  A guilty plea is not rendered invalid by plea bargaining or the desire to avoid a potential death sentence.
• Morgan v. Melchar
  442 F.2d 1082· 3d Cir.· 1971-05-05 ·cited 12×
  The court held that the district court correctly dismissed the complaint for lack of subject matter jurisdiction, as pre-induction judicial review of Selective Service classifications is generally barred by statute.
• United States ex rel. Rafael Echevarria v. Silberglitt
  441 F.2d 225· 2d Cir.· 1971-04-26 ·cited 12×
  The court held that a pro se litigant's petition, despite being mislabeled and containing procedural defects, should be treated as a removal petition if its intent is clear, and the state court loses jurisdiction upon its filing.
• United States ex rel. William C. Stubbs v. Mancusi
  442 F.2d 561· 2d Cir.· 1971-04-19 ·cited 12×
  The admission of prior testimony from a witness who was not made available for cross-examination at retrial, despite the prosecution's failure to make a good-faith effort to secure his presence, violated the Confrontation Clause and was not harmless error.
• Tanner v. Moseley
  441 F.2d 122· 8th Cir.· 1971-04-14 ·cited 12×
  The court affirmed the district court's decision on jurisdictional grounds but disagreed with the majority's comments on the merits of the petition.
• Fast v. Louie L. Wainwright
  439 F.2d 1162· 5th Cir.· 1971-03-22 ·cited 12×
  The court held that a state prisoner is not entitled to federal habeas corpus relief solely on the basis of newly discovered evidence, and the state court's hearing was adequate.
• Loren v. State OF Tex.
  440 F.2d 1182· 5th Cir.· 1971-03-17 ·cited 12×
  The court held that the federal district court correctly denied relief because the appellant failed to exhaust his state remedies.
• Rodriguez v. McGINNIS
  451 F.2d 730· 2d Cir.· 1971-03-16 ·cited 12×
  The court held that the prisoner had not exhausted state remedies and that the federal court should not interfere with internal state prison administration absent extreme circumstances.
• Ladner v. Henderson
  438 F.2d 638· 5th Cir.· 1971-02-09 ·cited 12×
  The court held that a trial judge is not required to inform a defendant of the collateral consequences of a guilty plea, such as loss of good time or parole eligibility for a different conviction.
• Nichols v. Louie L. Wainwright
  243 So. 2d 430· Fla. 2d DCA· 1971-01-22 ·cited 12×
  A defendant convicted of a felony and sentenced to prison sought habeas corpus relief claiming he was denied his right to appeal because the trial court and appointed counsel failed to advise him of his appeal rights. The court held that while failure to advise is not ipso facto
• McCOWAN v. Nelson
  436 F.2d 758· 9th Cir.· 1970-12-21 ·cited 12×
  The court held that a federal habeas corpus court cannot grant relief based on issues of state law, and that the petitioner's due process rights were not violated by the delay in his return to prison.
• Application of Joseph E. Steiner, Jr. v. The Officer IN Command
  436 F.2d 687· 5th Cir.· 1970-12-07 ·cited 12×
  The court held that Section 10(b)(3) of the Selective Service Act prohibits pre-induction judicial review of a registrant's classification and processing, and that mere presence at an induction center does not constitute 'custody' for habeas corpus purposes.
• Application of Lyle Nelson for a Writ of Habeas Corpus
  434 F.2d 748· 8th Cir.· 1970-12-01 ·cited 12×
  A federal sentence does not commence, and credit for time served is not given, while a defendant is in state custody, even if a federal detainer is in place, unless the federal government obtains actual custody.
• Kates v. Nelson
  435 F.2d 1085· 9th Cir.· 1970-11-25 ·cited 12×
  A defendant who unequivocally refuses appointed counsel and insists on representing himself, even after being offered the choice to proceed with counsel or represent himself, waives his right to counsel.
• Allen v. Henderson
  434 F.2d 26· 5th Cir.· 1970-11-03 ·cited 12×
  The court held that the Fifth Amendment double jeopardy clause, as interpreted in North Carolina v. Pearce, requires credit for time served on a previously voided sentence when a new sentence is imposed for the same offense, and this principle applies retroactively. The court als
• Flint v. Louie L. Wainwright
  433 F.2d 961· 5th Cir.· 1970-10-29 ·cited 12×
  Federal courts will not interfere with state prison administration regarding medical care unless there is an abuse of discretion.
• United States ex rel. Peter Tarallo v. LaVALLEE
  433 F.2d 4· 2d Cir.· 1970-10-15 ·cited 12×
  The court held that the appellant failed to comply with state procedural rules regarding severance and suppression motions, thus barring his claims on habeas corpus.
• Earnest L. Jacobson v. People OF the State OF Cal. & Louis S. Nelson
  431 F.2d 1017· 9th Cir.· 1970-09-30 ·cited 12×
  The court held that the appellant's claims regarding illegally obtained confessions and improper jury selection were without merit or moot, affirming the denial of habeas corpus relief.
• Ulysses Walker v. United States
  429 F.2d 1301· 5th Cir.· 1970-08-11 ·cited 12×
  A federal prisoner's primary post-conviction remedy is a § 2255 motion in the sentencing court, not habeas corpus in the district of confinement, unless § 2255 is inadequate or ineffective.
• Gray v. Swenson
  430 F.2d 9· 8th Cir.· 1970-08-05 ·cited 12×
  The court held that the trial court's order granting a conditional release or new trial unless the state afforded an evidentiary hearing on confession voluntariness was a final, appealable judgment. The court affirmed the judgment, finding the state had provided adequate opportun
• United States ex rel. Spencer Broaddus v. Rundle
  429 F.2d 791· 3d Cir.· 1970-07-21 ·cited 12×
  A guilty plea, entered with competent counsel, generally precludes collateral attack on the plea based on a prior coerced confession, and failure to object to evidence at a degree-of-guilt hearing constitutes a waiver.
• Searles v. State OF Minn.
  428 F.2d 1188· 8th Cir.· 1970-07-14 ·cited 12×
  The court held that the petitioner's constitutional rights were not violated by the search and seizure or the pretrial identification procedures.
• Johnson v. Louie L. Wainwright
  238 So. 2d 590· Fla.· 1970-07-13 ·cited 12×
• Cooper v. Picard
  428 F.2d 1351· 1st Cir.· 1970-06-29 ·cited 12×
  The court held that the district court erred in denying a habeas corpus petition without an evidentiary hearing, as the state court record did not adequately develop facts regarding the suggestiveness of the pre-trial identification procedures.
• Chisholm v. Louie L. Wainwright
  427 F.2d 1138· 5th Cir.· 1970-06-26 ·cited 12×
  The court held that the district court did not err in denying a habeas corpus petition without a hearing, as the state court provided a full and fair hearing on the voluntariness of the guilty plea.
• Wright v. Maryland Penitentiary
  429 F.2d 1101· 4th Cir.· 1970-06-23 ·cited 12×
  The court held that the petitioner must first exhaust state remedies to allow Maryland courts to consider his constitutional claims in light of recent Supreme Court precedent.
• The United States ex rel. Terrence Stone v. Robinson
  431 F.2d 548· 3d Cir.· 1970-05-26 ·cited 12×
  The court held that the appellant's petition for rehearing misconstrued the nature of habeas corpus relief and the prime issue on appeal.
• Stonom v. Louie L. Wainwright
  235 So. 2d 545· Fla. 1st DCA· 1970-05-26 ·cited 12×
  The court held that the 15-year sentence imposed after probation revocation was invalid to the extent it exceeded the original 10-year sentence, as no reasons for the increased sentence were provided.
• Ryan v. Louie L. Wainwright
  424 F.2d 198· 5th Cir.· 1970-04-03 ·cited 12×
  Federal courts are not required to hold a second evidentiary hearing in habeas corpus cases if a full and fair hearing was held at the state level.
• Carthel James Rushing v. State
  233 So. 2d 137· Fla. 3d DCA· 1970-03-17 ·cited 12×
  Appellant Rushing sought to vacate his conviction because the court reporter lost trial notes, preventing preparation of a trial transcript and allegedly denying him the right to appeal. The court held that while Rule 1.850 is improper, habeas corpus is the appropriate remedy, an
• Windom v. Cook
  423 F.2d 721· 5th Cir.· 1970-02-25 ·cited 12×
  The court held that a state prisoner's guilty plea was involuntary due to ineffective assistance of counsel, warranting a writ of habeas corpus.
• LA Brasca v. Misterly
  423 F.2d 708· 9th Cir.· 1970-02-24 ·cited 12×
  The court held that the petitioner's constitutional challenges to her convictions were without merit, affirming the denial of habeas corpus relief.
• Capler v. City OF Greenville
  422 F.2d 299· 5th Cir.· 1970-02-20 ·cited 12×
  The Sixth Amendment does not require the availability of counsel to preserve evidence of a defendant's condition from dissipation due to incarceration, nor does the due process clause require police to provide scientific tests or counsel for such preservation.
• Piche v. Rhay
  422 F.2d 1309· 9th Cir.· 1970-02-17 ·cited 12×
  A federal court must hold an evidentiary hearing in habeas corpus matters when material facts are in dispute, unless the state court has reliably found the facts after a full hearing.
• Grayson v. Kessler Montgomery
  421 F.2d 1306· 1st Cir.· 1970-02-12 ·cited 12×
  The court held that federal courts should not grant equitable relief to a state prisoner challenging his conviction or sentence when he has not exhausted available state remedies, even if the claim is brought under the Civil Rights Act.
• O'Neil v. Nelson
  422 F.2d 319· 9th Cir.· 1970-01-26 ·cited 12×
  The admission of a co-defendant's out-of-court statement, which inculpated the defendant but was denied by the co-defendant when testifying, violates the Sixth Amendment right to confrontation, and this error was not harmless.
• Collins v. State
  230 So. 2d 711· Fla. 4th DCA· 1970-01-26 ·cited 12×
  Robert Collins sought delayed appellate review of his 1964 first-degree murder conviction after his court-appointed counsel failed to timely file a direct appeal. The court treated his petition as an original habeas corpus petition and affirmed the conviction, finding that any co
• United States ex rel. George Diblin v. Follette
  418 F.2d 408· 2d Cir.· 1969-11-17 ·cited 12×
  The court held that the district court did not err in setting aside the 1942 conviction and vacating the 1959 sentence due to the denial of the right to counsel at sentencing and the subsequent hindrance of the right to appeal.
• Taylor v. Olin G. Blackwell
  418 F.2d 199· 5th Cir.· 1969-10-29 ·cited 12×
  The court held that the district court erred in dismissing the petition without requiring a response or an evidentiary hearing.
• Cline v. Beto
  418 F.2d 549· 5th Cir.· 1969-10-22 ·cited 12×
  The court held that the district court erred in denying the habeas corpus petition without a hearing on the claim of denial of a direct appeal.
• Washington v. Smith
  417 F.2d 301· 5th Cir.· 1969-10-02 ·cited 12×
  The court held that the district court's factual finding that the appellant was not denied his Sixth Amendment right to counsel was not clearly erroneous.
• Evans v. Beto
  415 F.2d 1129· 5th Cir.· 1969-09-17 ·cited 12×
  The court held that the appellant was not denied effective assistance of counsel and his confession was not coerced, affirming the denial of his habeas corpus petition.
• Mendell Williams v. Ciccone
  415 F.2d 331· 8th Cir.· 1969-08-26 ·cited 12×
  A prisoner's good time allowances are not vested rights and can be forfeited upon parole violation, even after mandatory release.
• Bennett v. United States
  413 F.2d 237· 7th Cir.· 1969-07-23 ·cited 12×
  The court held that the district court did not err in denying petitioner's motion to vacate his sentence without a hearing, as the record conclusively showed he was entitled to no relief.
• Williams v. Peyton
  414 F.2d 776· 4th Cir.· 1969-07-22 ·cited 12×
  The court held that the record contained sufficient circumstantial evidence from which the state court could infer the petitioner's intent to commit larceny, thus the conviction was not constitutionally invalid.