Habeas Corpus

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

• Tibbett v. Hand
  294 F.2d 68· 10th Cir.· 1961-07-05 ·cited 12×
  The failure of a court reporter to fully comply with statutory record-keeping requirements does not, under Kansas law or the Fourteenth Amendment, deprive a state court of jurisdiction or violate the right to equal protection.
• Snider v. Cunningham
  292 F.2d 683· 4th Cir.· 1961-06-23 ·cited 12×
  The court held that the prisoner's counsel was not incompetent and the trial proceedings were not a farce or mockery of justice, thus denying the habeas corpus petition.
• Norton Doyle Williams v. Cochran
  126 So. 2d 887· Fla.· 1961-02-15 ·cited 12×
  The Florida Supreme Court held that failure to notify a minor's legal guardian of charges against him violates statutory due process under Section 932.38, and therefore petitioner Williams's conviction for escape was illegally obtained and must be vacated. Williams is released fr
• James v. Alexander
  286 F.2d 645· 10th Cir.· 1961-01-19 ·cited 12×
  The court held that the petitioner's claims were based on trial errors, not fundamental constitutional violations, and thus habeas corpus relief was not warranted.
• Gilstrap v. Clemmer
  284 F.2d 804· 4th Cir.· 1960-11-17 ·cited 12×
  The court held that a prisoner convicted of a D.C. Code violation and recommitted as a parole violator must have his good conduct deductions computed under the modified provisions of the D.C. Code, not the general U.S. statutes.
• Petition of J. B. Hicks v. People OF the State OF Mich.
  281 F.2d 645· 6th Cir.· 1960-09-06 ·cited 12×
  The court declined to issue a Certificate of Probable Cause because the petitioner failed to allege facts showing a violation of federal constitutional rights and did not properly file a Notice of Appeal.
• Bolling v. Smyth
  281 F.2d 192· 4th Cir.· 1960-06-08 ·cited 12×
  The court held that the District Court should have held a hearing to determine the factual questions raised by the petitioner regarding his convictions, as the state court's denial of relief was unexplained.
• United States ex rel. Charles Townsend v. Sain
  276 F.2d 324· 7th Cir.· 1960-04-07 ·cited 12×
  A confession is not rendered involuntary by medication administered for drug withdrawal if the medication does not impair memory and the confession is corroborated by subsequent statements made when memory was unimpaired.
• Wood v. Cochran
  118 So. 2d 193· Fla.· 1960-02-12 ·cited 12×
  Raymond Wood petitioned for habeas corpus relief claiming his conviction for writing checks violated his constitutional rights based on recent Florida Supreme Court precedent establishing that written checks cannot constitute forgery without proof of receipt of something of value
• Begalke v. United States
  286 F.2d 606· Ct. Cl.· 1960-01-20 ·cited 12×
  The court held that it would not reexamine court-martial conclusions if the military courts gave fair consideration to the petitioner's constitutional rights, and found no such denial in this case.
• Bennie LE REA v. Cochran
  115 So. 2d 545· Fla.· 1959-11-13 ·cited 12×
  The acquittal on the first charge of grand larceny did not bar prosecution on the second charge because the offenses were not the same due to a fatal variance in the alleged owner of the property.
• Butler v. Culver
  111 So. 2d 35· Fla.· 1959-04-17 ·cited 12×
  Butler sought habeas corpus release from Florida State Prison, claiming he was denied counsel at his arraignment and plea of guilty to second-degree murder, and that he was coerced under the influence of illegal drugs. The Florida Supreme Court rejected both contentions, finding
• Reubin Wooten v. Wilkinson
  265 F.2d 211· 5th Cir.· 1959-04-01 ·cited 12×
  The court held that a conditional release violator forfeits all good time earned and must serve the remainder of their original sentence, plus any time for premature release.
• United States ex rel. Charles Townsend v. Sain
  265 F.2d 660· 7th Cir.· 1958-12-17 ·cited 12×
  The court denied the motion for a stay of execution and dismissed the appeal.
• Melton v. Culver
  107 So. 2d 378· Fla.· 1958-12-17 ·cited 12×
  Melton seeks habeas corpus relief from a 10-year prison sentence for attempted escape. The Florida Supreme Court held that the information charging him with escape failed to allege a crime under Florida law because it did not specify whether he was incarcerated under a felony or
• Hastings v. McLEOD
  261 F.2d 627· 10th Cir.· 1958-12-02 ·cited 12×
  The court held that the petitioner's allegations were insufficient to justify granting a writ of habeas corpus because he failed to demonstrate denial of a speedy trial and did not allege demanding an earlier trial.
• United States v. Visconti
  261 F.2d 215· 2d Cir.· 1958-11-17 ·cited 12×
  The court held that an indigent prisoner is not entitled to appointed counsel for an appeal that is wholly frivolous, and that a motion to appear pro se to argue an appeal is discretionary and should be denied when the appeal lacks merit.
• United States ex rel. Charles Westbrook v. Randolph
  259 F.2d 215· 7th Cir.· 1958-07-08 ·cited 12×
  The concurring judge agrees with the reversal and remand of the district court's order but disagrees with the reasoning regarding the availability of a bystander's bill of exceptions.
• Williams v. Winfred Overholser
  259 F.2d 175· D.C. Cir.· 1958-07-02 ·cited 12×
  The court held that the District Court's order was final and required the Municipal Court to determine the appellant's competency to stand trial or initiate proper lunacy proceedings.
• State of Fla. ex rel. Dorothy May Kuhl Galen v. Kuhl
  103 So. 2d 225· Fla. 3d DCA· 1958-06-03 ·cited 12×
  This case concerns whether a Florida court must grant full faith and credit to an Alabama child custody decree when the child was domiciled in Florida during the Alabama proceedings. The court held that the Alabama court lacked jurisdiction because the child was not present in Al
• Mayo v. Harlan Blackburn
  250 F.2d 645· 5th Cir.· 1957-12-30 ·cited 12×
  The federal court held that the state prisoner was not denied due process or equal protection by the state court's rulings on motions to quash, sever, or change venue, as the state courts properly considered the evidence and constitutional rights.
• United States ex rel. John Kozicky & John Joseph Klozko v. FAY
  248 F.2d 520· 2d Cir.· 1957-09-20 ·cited 12×
  A federal court cannot grant a writ of habeas corpus to a state prisoner who has failed to exhaust available state remedies, even if the failure was due to poverty, unless the state process itself was ineffective.
• United States ex rel. Clyde Roosa v. Martin
  247 F.2d 659· 2d Cir.· 1957-08-16 ·cited 12×
  The court held that the petition for a writ of habeas corpus should have been denied due to the appellant's failure to exhaust available state remedies.
• McBRIDE v. Jacobs
  247 F.2d 595· D.C. Cir.· 1957-08-06 ·cited 12×
  A juvenile must be advised by the court of their right to counsel, and any waiver must be intelligent and competent.
• Dickson v. Castle
  244 F.2d 665· 9th Cir.· 1957-05-08 ·cited 12×
  The court held that a prisoner's failure to seek certiorari from a state supreme court's denial of habeas corpus, after being imprisoned on a judgment he claims is void, does not constitute "special circumstances" excusing exhaustion of state remedies.
• Benton v. Reid
  231 F.2d 780· D.C. Cir.· 1956-03-29 ·cited 12×
  The court held that the statute authorizing detention of individuals endangering public health does not permit confinement in a jail or penal institution.
• Joyner v. Honorable W. Lynn Parkinson
  227 F.2d 505· 7th Cir.· 1955-12-07 ·cited 12×
  The Court held that the petitioner's admission that his guilty plea was not coerced rendered his habeas corpus petition moot, and thus his petition for certiorari must be dismissed.
• Loper v. Ellis
  224 F.2d 901· 5th Cir.· 1955-08-02 ·cited 12×
  The court held that a habeas corpus petition may be amended to cure deficiencies, and a hearing may be granted if the amended petition, with supporting evidence, sufficiently raises constitutional claims.
• Jodie Bailey v. Smyth
  220 F.2d 954· 4th Cir.· 1955-03-14 ·cited 12×
  A federal court may dismiss a state prisoner's habeas corpus petition without a rehearing if the state courts have already fairly considered the issues and reached a satisfactory conclusion.
• Collingsworth v. Mayo
  77 So. 2d 843· Fla.· 1955-02-09 ·cited 12×
  A habeas corpus proceeding challenging a criminal sentence as excessive. The Florida Supreme Court held that while a trial court may defer sentencing indefinitely after a guilty plea, a 20-year sentence for breaking and entering exceeded the statutory maximum of 15 years and thus
• Norvell M. Bickford v. Looney
  219 F.2d 555· 10th Cir.· 1955-01-28 ·cited 12×
• Zahn v. Kipp
  218 F.2d 898· 7th Cir.· 1955-01-25 ·cited 12×
  The court held that the petitioner did not serve his federal sentence while incarcerated in state prison because the judgment did not specify the commencement date, and federal law requires sentences to begin upon receipt at a federal facility.
• Morton v. Steele
  217 F.2d 13· 8th Cir.· 1954-12-06 ·cited 12×
  The court held that the district court properly dismissed the petition for a writ of habeas corpus without a hearing.
• Kinsella v. Chesley H. Looney
  217 F.2d 445· 10th Cir.· 1954-11-26 ·cited 12×
  The court held that the two counts of the indictment charged separate and distinct offenses, and the trial court had jurisdiction to modify the sentence.
• Shaw v. United States
  209 F.2d 811· D.C. Cir.· 1954-01-21 ·cited 12×
  This court lacks jurisdiction to directly review decisions of the United States Court of Military Appeals.
• Boyden v. Webb
  208 F.2d 201· 9th Cir.· 1953-11-27 ·cited 12×
  The court held that it had jurisdiction to hear the appeal because the application for a certificate of probable cause was timely filed, and that the district court did not err in denying the habeas corpus petition without a hearing, as the allegations did not demonstrate a viola
• Zank v. Landon
  205 F.2d 615· 9th Cir.· 1953-06-19 ·cited 12×
  An appellate court must consider changes in law occurring after judgment, and if the Supreme Court decision reveals the lower court lacked jurisdiction, the action must be dismissed.
• Hayman v. United States
  205 F.2d 891· 9th Cir.· 1953-06-12 ·cited 12×
  The court held that the appellant was not deprived of effective assistance of counsel, as any potential conflict of interest was known and consented to by the appellant, and his defense was not prejudiced.
• United States ex rel. Carey v. Keeper of Montgomery Cnty. Prison
  202 F.2d 267· 3d Cir.· 1953-02-27 ·cited 12×
  An appeal from a final order in a habeas corpus proceeding arising from state court process cannot be taken without a certificate of probable cause, and timely application for such a certificate is mandatory for jurisdiction.
• Sanders v. Waters
  199 F.2d 317· 10th Cir.· 1952-10-17 ·cited 12×
  The Oklahoma habitual criminal statute is constitutional and does not violate the Fourteenth Amendment.
• Woollomes v. Heinze
  198 F.2d 577· 9th Cir.· 1952-08-21 ·cited 12×
  The court held that while the petitioner may have exhausted state remedies, his habeas corpus petition failed to state a claim upon which relief could be granted, thus affirming the dismissal.
• Nat'l Disc. Corp. v. O'Mell
  194 F.2d 452· 6th Cir.· 1952-02-18 ·cited 12×
  A writ of habeas corpus is a proper procedural vehicle to challenge the legality of a civil imprisonment based on a debt judgment, even if the underlying judgment itself is not void.
• Mitchell v. Boen
  194 F.2d 405· 10th Cir.· 1952-02-08 ·cited 12×
  The court held that the appellant, having suffered no injury from the state's custody of him, could not complain about the manner in which his federal sentence was served.
• Daniels v. Allen
  192 F.2d 763· 4th Cir.· 1951-11-05 ·cited 12×
  The court held that the prisoners' constitutional rights were so clearly violated and their access to review blocked by procedural technicalities that federal intervention via habeas corpus was warranted.
• Hedrick v. Steele
  187 F.2d 261· 8th Cir.· 1951-03-02 ·cited 12×
  A federal prisoner is not entitled to have time spent on parole or good time earned before parole treated as time served when parole is revoked.
• Overholser v. Boddie
  184 F.2d 240· D.C. Cir.· 1950-07-10 ·cited 12×
  A trial judge in a habeas corpus case has the authority to order the immediate release of a confined mental patient if convinced the patient has regained sanity, and is not required to refer the case to the Commission on Mental Health.
• Buchanan v. O'Brien
  181 F.2d 601· 1st Cir.· 1950-05-02 ·cited 12×
  The court held that the district court did not err in dismissing the petition for a writ of habeas corpus without prejudice, as the petitioner had not yet fully exhausted his state remedies.
• Story v. Burford
  178 F.2d 911· 10th Cir.· 1949-12-29 ·cited 12×
  The court held that the trial court's finding of due process was supported by evidence, and the denial of the writ was therefore affirmed.
• Darr v. Burford
  172 F.2d 668· 10th Cir.· 1949-01-31 ·cited 12×
  The court held that the petitioner had not exhausted all available state remedies, thus the federal court lacked jurisdiction to hear the habeas corpus petition.
• Neal v. Hunter
  172 F.2d 660· 10th Cir.· 1949-01-28 ·cited 12×
  The court held that the Parole Board did not waive its jurisdiction by failing to execute a parole violator warrant immediately, and the petitioner must serve the unexpired portion of his original sentence.