Habeas Corpus

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

• Buster O'Neal v. Smith
  413 F.2d 269· 5th Cir.· 1969-07-07 ·cited 12×
  The court held that the federal district court erred in denying an evidentiary hearing on the habeas corpus petition, as the state court's findings were not supported by evidence and the hearing was inadequate.
• Still v. Nichols
  412 F.2d 778· 1st Cir.· 1969-06-05 ·cited 12×
  The district court correctly dismissed the civil rights action for damages and injunctive relief due to the complainant's failure to exhaust state remedies and the impropriety of using such an action to obtain release from custody.
• Private Paul v. Winters, Jr.
  412 F.2d 140· 9th Cir.· 1969-05-28 ·cited 12×
  The court held that the prior federal court decision was entitled to controlling weight and that the reservist's contentions regarding due process, equal protection, and double jeopardy lacked merit.
• Smartt v. Avery
  411 F.2d 408· 6th Cir.· 1969-05-15 ·cited 12×
  The court held that a state prisoner cannot use a civil rights claim to circumvent the statutory requirement of exhausting state remedies before seeking federal habeas corpus relief.
• Walker v. Louie L. Wainwright
  409 F.2d 1311· 5th Cir.· 1969-04-03 ·cited 12×
  The court held that a petitioner cannot raise new claims for the first time on appeal and that the absence of counsel at a preliminary hearing does not require relief absent specific prejudice.
• Efrain Rivera Colon v. E. A. "Doug" Hendry
  408 F.2d 864· 5th Cir.· 1969-03-18 ·cited 12×
  The court held that charging a state prisoner with a more serious felony after he successfully obtained a federal writ of habeas corpus for misdemeanor convictions, solely to make appointed counsel available, impermissibly burdens the right to seek habeas relief.
• State of Fla. ex rel. Martin Sklaroff v. Purdy
  219 So. 2d 723· Fla. 3d DCA· 1969-03-04 ·cited 12×
  An executive Rendition Warrant, regular on its face, and its annexed documents certified by the demanding state's governor, constitute prima facie evidence for extradition, sufficient absent contrary proof.
• McDANIEL v. State
  219 So. 2d 421· Fla.· 1969-02-12 ·cited 12×
  McDaniel, sentenced to life imprisonment for first-degree murder in 1963, filed for appellate counsel years later after becoming indigent and unable to afford private counsel. The Florida Supreme Court held that while indigent defendants have a constitutional right to appellate c
• Rito G. Canales v. Baker
  406 F.2d 685· 10th Cir.· 1969-02-04 ·cited 12×
  A federal court may deny a habeas petition without an evidentiary hearing if the state court has already reliably determined the facts after a full and fair hearing.
• Garrison v. Patterson
  405 F.2d 696· 10th Cir.· 1969-01-10 ·cited 12×
  The court affirmed the district court's denial of the writ on previously considered issues but remanded for determination of new issues raised on appeal, staying execution.
• Thompson v. Peyton
  406 F.2d 473· 4th Cir.· 1968-12-19 ·cited 12×
  The court held that the petitioner's claim regarding pre-Wade lineups was without merit as the confrontation was not testimonial and the Wade rule was not retroactive. The court also held that the claim regarding witness mingling required exhaustion of state remedies via habeas c
• Williams v. Peyton
  404 F.2d 528· 4th Cir.· 1968-11-26 ·cited 12×
  The court held that the confession was involuntary and thus improperly admitted into evidence, requiring a writ of habeas corpus to be granted.
• Howard v. Swenson
  404 F.2d 469· 8th Cir.· 1968-11-20 ·cited 12×
  The court held that the denial of counsel during interrogation did not infect the trial with fundamental unfairness, the confession was voluntary, and the trial court did not abuse its discretion regarding jury impartiality.
• Gomez v. Beto
  402 F.2d 766· 5th Cir.· 1968-11-08 ·cited 12×
  The court held that the district court properly denied the habeas corpus petition without a full evidentiary hearing, as the state court's findings were supported by the record and applicable law.
• United States ex rel. William McARTHUR v. Rundle
  402 F.2d 701· 3d Cir.· 1968-10-15 ·cited 12×
  The court held that the admission of evidence obtained from a warrantless search, which lacked probable cause, violated the Fourth Amendment, requiring habeas corpus relief for the conviction based on that evidence.
• Sheldon v. State OF Neb.
  401 F.2d 342· 8th Cir.· 1968-10-02 ·cited 12×
  The court held that denial of counsel at a preliminary hearing does not warrant habeas corpus relief if the accused did not enter a plea or make admissions, and the trial itself was fair.
• Miller v. Willingham
  400 F.2d 873· 10th Cir.· 1968-09-23 ·cited 12×
  A federal sentence is not rendered ambiguous by the absence of explicit concurrent or consecutive instructions when the sentencing court is not required to recognize an uncompleted state sentence.
• Abram v. United States
  398 F.2d 350· 3d Cir.· 1968-07-25 ·cited 12×
  A voluntary guilty plea waives all non-jurisdictional defects and defenses, including alleged violations of constitutional rights during the proceedings.
• Grades v. Otto C. Boles
  398 F.2d 409· 4th Cir.· 1968-07-08 ·cited 12×
  Statements made by a prosecuting attorney to a defendant, promising leniency in exchange for cooperation, render a subsequent confession inadmissible as a violation of the privilege against self-incrimination.
• Delaney v. Gladden
  397 F.2d 17· 9th Cir.· 1968-06-25 ·cited 12×
  The court held that the appellant's claims regarding disparate penalties, delay in magistrate appearance, inadequate warnings, involuntary admissions, and less-than-unanimous jury verdicts did not present federal constitutional issues or were not retroactively applicable to his 1
• United States v. McKART
  395 F.2d 906· 6th Cir.· 1968-06-14 ·cited 12×
  The dissenting judge holds that the defendant was not guilty of failing to comply with the Selective Service Act because the induction order was not made pursuant to the Act.
• Humphries v. LaMoyne Green
  397 F.2d 67· 6th Cir.· 1968-06-12 ·cited 12×
• Brown v. The State of N.J.
  395 F.2d 917· 3d Cir.· 1968-06-04 ·cited 12×
  A federal court must require a petitioner to exhaust state remedies before adjudicating issues concerning the retroactivity and applicability of Kent v. United States to a juvenile waiver.
• Hultin v. Beto
  396 F.2d 216· 5th Cir.· 1968-05-30 ·cited 12×
  The court held that convicting a juvenile as an adult for an offense for which he was previously adjudicated delinquent violates due process.
• Davies v. Clark M. Clifford
  393 F.2d 496· 1st Cir.· 1968-04-25 ·cited 12×
  The court held that it lacks jurisdiction to directly review a court martial conviction, even if constitutional errors are alleged.
• Beto v. Barfield
  391 F.2d 275· 5th Cir.· 1968-03-15 ·cited 12×
  A prior conviction used for sentence enhancement is valid even if the attorney had not paid bar dues at the time, as Texas law now considers such attorneys to be practicing.
• Overton Thomas Anthony v. Fitzharris
  389 F.2d 657· 9th Cir.· 1968-01-30 ·cited 12×
  The court held that the district court erred in denying the habeas corpus petition without an evidentiary hearing, as the state court proceedings were insufficient to establish the voluntariness of the guilty plea.
• Debs Crawford v. Beto
  385 F.2d 156· 5th Cir.· 1967-11-13 ·cited 12×
  The court held that the deputy sheriff's dual role as jury custodian and witness did not violate due process under Turner v. State of Louisiana because his testimony was peripheral and corroborated.
• United States ex rel. George Lee Rivers v. Myers
  384 F.2d 737· 3d Cir.· 1967-10-20 ·cited 12×
  The court held that the second confession was unconstitutionally obtained due to exploitation of the defendant's mental deficiencies, but the first confession was admissible. The defendant was competent to enter a guilty plea.
• State OF Tex. & Dr. George J. Beto v. Graves
  380 F.2d 676· 5th Cir.· 1967-07-14 ·cited 12×
  The court held that the trial judge's overruling of an objection to a confession, coupled with his certification and testimony that he determined it was voluntary, satisfied the requirements of Jackson v. Denno, even without a specific explicit finding on the record at the time o
• Tirado v. Olin G. Blackwell
  379 F.2d 619· 5th Cir.· 1967-06-23 ·cited 12×
  The court held that the Parole Board did not relinquish its right to proceed against a conditional release violator by delaying execution of the warrant until after the completion of an intervening state sentence.
• Mobley v. Dutton
  380 F.2d 14· 5th Cir.· 1967-06-21 ·cited 12×
  The court held that the petitioner must first exhaust available remedies in the Georgia state courts before seeking federal habeas corpus relief.
• Isadora Olshen v. McMANN
  378 F.2d 993· 2d Cir.· 1967-06-09 ·cited 12×
  The court held that the appellant failed to demonstrate a conflict of interest or prejudice from his counsel's prior representation of a prosecution witness, thus affirming the dismissal of his habeas corpus petition.
• Gross v. Bishop
  377 F.2d 492· 8th Cir.· 1967-05-18 ·cited 12×
  The court held that the appellant's life sentence for murder rendered moot any claims regarding the revocation of his prior suspended sentence, and that no federal constitutional right was violated.
• Wilson v. The Honorable George B. Harris
  378 F.2d 141· 9th Cir.· 1967-05-10 ·cited 12×
  Discovery interrogatories are not authorized in federal habeas corpus proceedings under the Federal Rules of Civil Procedure or 28 U.S.C. § 2246.
• Briley v. Wilson
  376 F.2d 802· 9th Cir.· 1967-04-12 ·cited 12×
  A guilty plea waives all non-jurisdictional defenses, including those related to illegal searches, coerced confessions, and statutory time limits.
• Alexander v. Fogliani
  375 F.2d 733· 9th Cir.· 1967-04-05 ·cited 12×
  The court held that a federal court should permit amendment of a habeas corpus petition to include state court filings rather than summarily dismissing it for failure to demonstrate exhaustion of remedies.
• Newman v. Rodriguez
  375 F.2d 712· 10th Cir.· 1967-04-04 ·cited 12×
  The court held that New Mexico's denial of credit for time served on a void sentence upon reconviction does not violate the Equal Protection Clause.
• Barquera v. People OF the State OF Cal.
  374 F.2d 177· 9th Cir.· 1967-03-15 ·cited 12×
  The court held that the district court correctly denied the petition for a writ of habeas corpus, affirming the denial.
• Smith v. Louie L. Wainwright
  373 F.2d 506· 5th Cir.· 1967-02-21 ·cited 12×
  A hearing is required to determine if a guilty plea was involuntary due to a coerced confession and ineffective assistance of counsel.
• Meadows v. Maxwell
  371 F.2d 664· 6th Cir.· 1967-02-02 ·cited 12×
  The court held that a petitioner with limited education, facing a life sentence, was entitled to appointed counsel unless counsel was intelligently and understandingly waived, and a conclusory statement in the court order was insufficient to establish such waiver.
• Terry v. Patterson
  372 F.2d 480· 10th Cir.· 1967-01-30 ·cited 12×
  The court held that a federal habeas corpus petition was properly denied because the petitioner had not exhausted available state remedies.
• Salazar v. Rodriguez
  371 F.2d 726· 10th Cir.· 1967-01-19 ·cited 12×
  The court held that a voluntary guilty plea waives prior procedural defects, including alleged invalidity of a juvenile court's waiver of jurisdiction.
• Symons v. Klinger
  372 F.2d 47· 9th Cir.· 1967-01-16 ·cited 12×
  The court held that the appellant's Fourth and Sixth Amendment rights were not violated, and the evidence seized was admissible. Habeas corpus relief was properly denied.
• Tynan v. Eyman
  371 F.2d 764· 9th Cir.· 1967-01-13 ·cited 12×
  The court held that the denial of a habeas corpus petition without an evidentiary hearing was improper when the petitioner alleged denial of counsel at a preliminary examination and the use of perjured testimony, requiring further inquiry.
• Smartt v. Avery
  370 F.2d 788· 6th Cir.· 1967-01-06 ·cited 12×
  A state regulation that postpones parole eligibility for inmates seeking habeas corpus relief is unconstitutional as it deters the exercise of a present right.
• Barber v. Page
  381 F.2d 479· 10th Cir.· 1966-12-30 ·cited 12×
  The court held that the state's failure to make any effort to produce a witness constituted a denial of the defendant's right to confrontation.
• United States ex rel. John F. McBRIDE v. Hon. Edward M. FAY
  370 F.2d 547· 2d Cir.· 1966-12-27 ·cited 12×
  The court affirmed the dismissal of the writ because the petitioner had not yet sought relief in the state courts on his newly raised Sixth Amendment claim.
• Price v. Allgood
  369 F.2d 376· 5th Cir.· 1966-11-30 ·cited 12×
  The court held that Louisiana's multiple offender statute does not violate the double jeopardy or cruel and unusual punishment clauses.
• Conway v. Wilson
  368 F.2d 485· 9th Cir.· 1966-10-28 ·cited 12×
  The court held that the petitioner failed to exhaust his state remedies by not adequately presenting his federal constitutional claims to the state courts.