Habeas Corpus

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

• 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.
• Harris v. Beto
  367 F.2d 567· 5th Cir.· 1966-10-24 ·cited 12×
  The court held that the district court's general finding of voluntariness was insufficient and vacated the judgment.
• Krupnick v. Crouse
  366 F.2d 851· 10th Cir.· 1966-10-05 ·cited 12×
  The court held that the district court erred in dismissing the habeas corpus petition without examining the merits, as the prior dismissal was based on failure to exhaust state remedies, not a determination of the substantive issues. The court affirmed the denial of the injunctio
• Dalrymple v. Wilson
  366 F.2d 183· 9th Cir.· 1966-09-15 ·cited 12×
  The court held that the appellant's allegations of ineffective assistance of counsel were too general to warrant relief and that the Escobedo/Miranda rules did not apply retroactively to his conviction.
• United States ex rel. Grigorios Stellas v. Esperdy
  366 F.2d 266· 2d Cir.· 1966-08-30 ·cited 12×
  The court held that the regulation providing for automatic revocation of an approved visa petition upon withdrawal by a citizen spouse is invalid because it conflicts with the statutory requirement of 'good and sufficient cause' and denies due process.
• Miller v. COX
  364 F.2d 814· 10th Cir.· 1966-08-11 ·cited 12×
  The court held that the prisoner was not entitled to relief on his habeas corpus petition.
• Smith v. United States
  363 F.2d 143· 5th Cir.· 1966-07-13 ·cited 12×
  The court held that the Government failed to prove an essential element of perjury, specifically the administration of a lawful oath, rendering the conviction plain error.
• Tipton v. Crouse
  361 F.2d 817· 10th Cir.· 1966-06-07 ·cited 12×
  A federal court must independently determine if state court findings have a factual basis, and prior state adjudication alone is insufficient.
• Gregorio Figueroa Ruiz v. Delgado
  359 F.2d 718· 1st Cir.· 1966-04-28 ·cited 12×
  A judicial procedure where the judge acts as both prosecutor and decision-maker violates due process guarantees.
• Smith v. State
  184 So. 2d 458· Fla. 2d DCA· 1966-03-25 ·cited 12×
  The appellate court held that the trial court correctly denied the appellant's motion for post-conviction relief because the appellant was properly advised of the consequences of his nolo contendere plea.
• Rider v. Crouse
  357 F.2d 317· 10th Cir.· 1966-03-01 ·cited 12×
  The court held that the appellant was not denied due process by the denial of his alibi defense or by his sentencing under the habitual criminal statute without prior notice, as these issues were either waived or previously decided.
• Chester v. The People OF the State OF Cal.
  355 F.2d 778· 9th Cir.· 1966-01-27 ·cited 12×
  The court held that the district court erred in not considering all grounds for relief and in failing to determine if an evidentiary hearing was necessary for those grounds not previously adjudicated.
• Mallonee v. Lanier
  354 F.2d 940· 5th Cir.· 1966-01-10 ·cited 12×
  A defendant's mere possibility of being seen in handcuffs in court, without evidence of actual jury observation, is insufficient to establish prejudice and deny a fair trial.
• Swisher v. United States
  354 F.2d 472· 8th Cir.· 1966-01-04 ·cited 12×
  The court affirmed the denial of habeas corpus relief, finding that the petitioner was competent to stand trial and that additional claims were not subject to collateral review.
• Wilson v. Reagan
  354 F.2d 45· 9th Cir.· 1965-12-23 ·cited 12×
  The court held that a state prisoner's conviction and sentence, obtained without constitutionally adequate representation by counsel, do not meet federal constitutional requirements.
• Goodson v. Peyton
  351 F.2d 905· 4th Cir.· 1965-10-25 ·cited 12×
  A defendant represented by a prosecutor from another county suffers no constitutional prejudice if there is no actual conflict of interest and no prejudice results from the representation.
• Ellis v. Page
  351 F.2d 250· 10th Cir.· 1965-09-13 ·cited 12×
  The court held that the Cheyenne and Arapahoe Treaty of 1890 unequivocally disestablished the reservation, meaning the state court had jurisdiction over the offense committed within its former boundaries.
• United States ex rel. Aniello Caccio v. Hon. Edward M. FAY
  350 F.2d 214· 2d Cir.· 1965-08-16 ·cited 12×
  The absence of counsel at arraignment does not violate the Sixth Amendment if the defendant is not prejudiced and state law allows post-arraignment motions.
• Cagle v. Harris
  349 F.2d 404· 8th Cir.· 1965-08-10 ·cited 12×
  The court held that the inmate's sentence was valid and the question of parole is solely within the discretion of the Parole Board.
• Lowther v. Maxwell
  347 F.2d 941· 6th Cir.· 1965-07-02 ·cited 12×
  The court held that habeas corpus is not available to challenge a sentence when the petitioner is lawfully in custody under a valid sentence for a greater offense.
• Letellier v. Taylor
  348 F.2d 893· 10th Cir.· 1965-06-25 ·cited 12×
  A federal prisoner's unexpired sentence for parole violation begins to run from the date of return to the Attorney General's custody, and time spent on parole does not diminish the sentence term.
• Jolly v. Wainwright
  175 So. 2d 245· Fla. 2d DCA· 1965-05-21 ·cited 12×
  The Florida District Court of Appeal denied a petition for a writ of habeas corpus, holding that a prisoner cannot obtain relief simply because they were forcibly brought to Florida for trial without extradition.
• Eskridge v. Rhay
  345 F.2d 778· 9th Cir.· 1965-05-07 ·cited 12×
  The court held that the district court did not err in denying habeas corpus relief because the petitioner deliberately and knowingly bypassed his state court remedies by dismissing his appeal.
• Stinson v. United States
  342 F.2d 507· 8th Cir.· 1965-03-09 ·cited 12×
  The court held that a motion for relief under 28 U.S.C.A. § 2255 is not the proper vehicle to challenge the execution of a sentence by the U.S. Board of Parole.
• Dove v. Peyton
  343 F.2d 210· 4th Cir.· 1965-03-05 ·cited 12×
  The court held that the petitioner's claims lacked merit, and thus the petition for habeas corpus should be dismissed on its merits, not for failure to exhaust state remedies.
• Hodge v. Markley
  339 F.2d 973· 7th Cir.· 1965-01-11 ·cited 12×
  The court held that a parole violator is not entitled to credit for time spent on parole, and confinement is lawful even without counsel or a preliminary hearing at the place of alleged violation.
• Yates v. Buchanan
  170 So. 2d 72· Fla. 3d DCA· 1964-12-22 ·cited 12×
  The court held that a defendant who voluntarily caused delays in commencing a valid sentence should not benefit from those delays.
• State of Fla. ex rel. Salvatore C. Pipia v. Buchanan
  168 So. 2d 783· Fla. 3d DCA· 1964-11-02 ·cited 12×
  The Florida District Court of Appeal granted a habeas corpus petition challenging a contempt sentence imposed by the circuit court, finding the contempt order fatally defective because the petitioner was denied an opportunity to be heard on the criminal contempt charge and the ci
• Wallens v. Buchanan
  168 So. 2d 687· Fla. 3d DCA· 1964-10-27 ·cited 12×
  William Wallens challenged his detention for civil contempt, arguing that the circuit court's sentencing order was defective because it failed to provide him with the means to purge the contempt and secure his early release. The court agreed and vacated the contempt sentence, hol
• Gladden v. Gidley
  337 F.2d 575· 9th Cir.· 1964-10-14 ·cited 12×
  The court held that factual issues regarding the voluntariness of the guilty plea and the deliberate bypass of state remedies required an evidentiary hearing.
• United States ex rel. Edward J. Mancini v. Rundle
  337 F.2d 268· 3d Cir.· 1964-10-08 ·cited 12×
  Evidence obtained through an invalid search warrant is inadmissible in state court, even if seized before Mapp v. Ohio, if the conviction had not become final before Mapp and the issue was properly raised.
• United States ex rel. Leon E. W. v. LaVALLEE
  335 F.2d 230· 2d Cir.· 1964-07-21 ·cited 12×
  The court held that the lower court erred in dismissing the writ without a hearing and that the petitioner did not waive his constitutional rights by failing to object to illegally seized evidence.
• Burton Junior Post v. Otto C. Boles
  332 F.2d 738· 4th Cir.· 1964-05-19 ·cited 12×
  The court held that the trial judge failed to conduct a sufficiently penetrating and comprehensive examination to ensure the defendant's waiver of counsel was competent and intelligent.
• Rawls v. United States
  331 F.2d 21· 8th Cir.· 1964-04-22 ·cited 12×
  The court held that a Section 4241 certificate, particularly one issued nunc pro tunc, does not have the legal validity to warrant continued detention of a youth offender after their statutory right to conditional release has accrued under the Youth Corrections Act.
• Gore v. State
  163 So. 2d 37· Fla. 1st DCA· 1964-04-07 ·cited 12×
  Otis Gore appealed his manslaughter conviction, challenging the admissibility of his oral confession made during incarceration without being brought before a committing magistrate as required by Florida statute. The court affirmed the conviction, holding that failure to comply wi
• United States ex rel. Walter Hall v. People OF the State OF Ill.
  329 F.2d 354· 7th Cir.· 1964-03-19 ·cited 12×
  A federal court cannot review a state court's determination of entrapment via habeas corpus, as entrapment is a defense to a state crime and not a federal constitutional right that can be raised in such a proceeding.
• Burl Eugene Lyles v. Beto
  329 F.2d 332· 5th Cir.· 1964-03-12 ·cited 12×
  The court held that a state prisoner was not denied due process by the admission of a written confession made after indictment, even if counsel was not present, as long as the confession was voluntary and the totality of circumstances did not demonstrate prejudice.
• Cullins v. Wainwright
  328 F.2d 481· 5th Cir.· 1964-02-14 ·cited 12×
  The court held that the use of an electronic listening device inserted into an air shaft within a private apartment constituted an unlawful physical invasion violating Fourth Amendment rights.
• Payne v. Elbert V. Nash
  327 F.2d 197· 8th Cir.· 1964-02-10 ·cited 12×
  The court held that the amendment to Missouri's Habitual Criminal Act was procedural and not an ex post facto violation, as it did not materially disadvantage the appellant.
• Wood v. Crouse
  327 F.2d 81· 10th Cir.· 1964-01-31 ·cited 12×
• Orval Lloyd Skinner v. United States
  326 F.2d 594· 8th Cir.· 1964-01-24 ·cited 12×
  The court held that the district court's findings were not clearly erroneous and affirmed the denial of the motion to vacate sentence.
• Thomaston v. Gladden
  326 F.2d 305· 9th Cir.· 1964-01-02 ·cited 12×
  The court held that the district court must review the state post-conviction hearing transcript to determine if it met federal standards, and if not, must hold an evidentiary hearing.
• TOM v. State of Fla. ex rel. Johnny TOM
  153 So. 2d 334· Fla. 2d DCA· 1963-05-15 ·cited 12×
  Helen Tom appeals an order directing her to deliver three children to a North Carolina court. The Florida appellate court reversed, holding that Florida courts have jurisdiction to determine child custody based on the children's residence in Florida, and that the trial court must
• Haywood Trice v. Blackburn
  153 So. 2d 32· Fla. 2d DCA· 1963-05-08 ·cited 12×
  The court held that the appellant was unlawfully detained and must be released because the evidence showed he was not in the demanding state at the time of the alleged crime, thus not a fugitive subject to extradition under the statute invoked.
• Case v. State OF N.C.
  315 F.2d 743· 4th Cir.· 1963-03-25 ·cited 12×
  The court held that the petitioner was denied effective assistance of counsel due to a conflict of interest, requiring a new trial.
• State of Fla. ex rel. Bernard M. Shotkin v. Buchanan
  149 So. 2d 574· Fla. 3d DCA· 1963-02-19 ·cited 12×
  A 71-year-old man was arrested in 1963 and incarcerated based on a contempt judgment entered in 1958, over five years earlier. The Florida Court of Appeal granted habeas corpus relief, holding that although there is generally no statute of limitations on enforcing valid judgments
• Green v. United States
  313 F.2d 6· 1st Cir.· 1963-01-23 ·cited 12×
• Allocco v. Heritage
  310 F.2d 719· 5th Cir.· 1962-11-28 ·cited 12×
  A defendant who voluntarily elects not to commence service of his sentence pending appeal is not entitled to credit for the time spent in custody during that period.
• Lovett v. Cochran
  137 So. 2d 572· Fla.· 1962-02-07 ·cited 12×
  The Florida Supreme Court held that a life sentence imposed under the habitual offender statute was void because the information alleged that two of the prior convictions occurred on the same day, violating the requirement that each conviction must occur after the previous one. T
• McGRADY v. Cunningham
  296 F.2d 600· 4th Cir.· 1961-11-10 ·cited 12×
  The court held that the failure of the trial court to inquire whether the defendant understood the nature of his guilty plea and the potential punishment, or to ask the defendant personally if he had anything to say before sentencing, did not invalidate the sentence in this case.