Habeas Corpus

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

• State of Fla. Ex rel. Cecil H. Connor v. Sullivan
  160 Fla. 844· Fla.· 1948-09-23 ·cited 12×
  The court held that the evidence did not conclusively establish guilt for a capital offense, entitling the petitioner to bail.
• State v. Gene Nelson alias Eugene Nelson
  160 Fla. 744· Fla.· 1948-07-30 ·cited 12×
  The Florida Supreme Court reversed a trial court's quashing of an information charging Gene Nelson as a second offender for sentencing purposes. The Court held that a prosecutor may file a second offender information after a defendant serves a sentence imposed without proper cons
• United States ex rel. Sutton v. Mulcahy
  169 F.2d 94· 2d Cir.· 1948-06-30 ·cited 12×
  The court affirms the lower court's decision, finding that the relator had opportunities to appeal jurisdictional issues and address inability to pay the fine.
• Farrell v. Lanagan
  166 F.2d 845· 1st Cir.· 1948-03-11 ·cited 12×
  The court held that the petitioner failed to demonstrate a denial of due process or constitutional rights, and thus affirmed the district court's dismissal of the habeas corpus petition.
• United States ex rel. Medeiros v. Watkins
  166 F.2d 897· 2d Cir.· 1948-03-09 ·cited 12×
  An alien seeking admission who claims citizenship is not entitled to a judicial determination of that claim; the administrative agency's decision is final if a fair hearing was provided.
• Christakos v. Hunter
  161 F.2d 692· 10th Cir.· 1947-05-12 ·cited 12×
  The court held that the petitioner failed to meet the burden of proof to invalidate the judgments of conviction through a habeas corpus petition.
• Price v. Johnston
  161 F.2d 705· 9th Cir.· 1947-05-05 ·cited 12×
  The court held that dismissing a habeas corpus petition without a hearing, based on a prior denied petition, constitutes an abuse of discretion when the current petition alleges new grounds.
• Morrison v. Hunter
  161 F.2d 723· 10th Cir.· 1947-05-02 ·cited 12×
  A general sentence on multiple counts is not void if the aggregate sentence does not exceed the maximum allowed for all offenses.
• Meyers v. Hunter
  160 F.2d 344· 10th Cir.· 1947-02-24 ·cited 12×
  The court held that a second sentence does not automatically begin from the date of the first sentence, nor does it automatically grant credit for time served under the first sentence.
• United States ex rel. Hack v. Clark
  159 F.2d 552· 7th Cir.· 1947-02-11 ·cited 12×
  The court held that the relator, an enemy alien, could not contest the circumstances of his deportation order in court, as these are political questions for the executive and legislative branches.
• Giblin v. State
  158 Fla. 490· Fla.· 1947-02-11 ·cited 12×
  Appellant Giblin, who filed an anti-gambling injunction suit, was held in contempt for statements in a motion to dismiss criticizing Judge Milledge's integrity and alleged bias. The Florida Supreme Court reversed, holding that Giblin's statements were privileged when made pursuan
• United States ex rel. Knupfer v. Watkins
  159 F.2d 675· 2d Cir.· 1947-02-03 ·cited 12×
  The court held that a writ of habeas corpus was not an appropriate remedy to challenge a denaturalization decree when appellate remedies were available and had not been exhausted.
• United States ex rel. VON Heymann v. Watkins
  159 F.2d 650· 2d Cir.· 1947-01-17 ·cited 12×
  The court held that the appellant, an enemy alien, was lawfully brought to the United States and is subject to removal under executive order, but his current restraint is unlawful if it prevents his voluntary departure.
• York ex rel. Davidescu v. Nicolls
  159 F.2d 147· 1st Cir.· 1947-01-10 ·cited 12×
  Applications for bail pending appeal in habeas corpus cases are denied because the governing rule vests discretion solely with the rendering district court, not the appellate court.
• Sweat v. Blocker Pettis
  158 Fla. 104· Fla.· 1946-11-08 ·cited 12×
  Blocker Pettis was charged with practicing medicine without a license, pleaded guilty, and was sentenced. He later sought habeas corpus relief, claiming the information was defective. The Florida Supreme Court held that he waived any objections by failing to move to quash before
• White v. Pescor
  155 F.2d 902· 8th Cir.· 1946-06-17 ·cited 12×
  The court held that the petitioner was entitled to an opportunity to prove the allegations in his habeas corpus petition, which had been dismissed without a hearing.
• Hampson v. Smith
  153 F.2d 417· 9th Cir.· 1945-12-06 ·cited 12×
  The court held that the district court had jurisdiction to consider the habeas corpus petition, as state remedies for reviewing the claimed constitutional violation were inadequate.
• Bayless v. United States
  150 F.2d 236· 8th Cir.· 1945-07-02 ·cited 12×
  A conviction based on tainted evidence, such as a coerced confession or guilty plea, cannot stand, even if other evidence might be sufficient.
• Shigeru Fujii v. United States
  148 F.2d 298· 10th Cir.· 1945-03-12 ·cited 12×
  A citizen's refusal to report for military induction is not excused by prior unlawful confinement, even if that confinement violated due process.
• United States ex rel. Doss v. Lindsley
  148 F.2d 22· 7th Cir.· 1945-02-07 ·cited 12×
  The court held that the District Court correctly dismissed the habeas corpus petition because the appellant failed to exhaust state remedies and the issues raised were not grounds for federal habeas corpus relief.
• Potter v. Dowd
  146 F.2d 244· 7th Cir.· 1944-12-08 ·cited 12×
  Federal courts should not deny a hearing on habeas corpus petitions alleging denial of federal constitutional rights, even if state remedies exist but are practically unavailable or inadequate.
• McCOY v. Pescor
  145 F.2d 260· 8th Cir.· 1944-11-03 ·cited 12×
  The court held that indictments, even if potentially defective on direct appeal, are sufficient for habeas corpus review if they appear to charge a federal offense within the court's jurisdiction.
• Graham v. Squier
  145 F.2d 348· 9th Cir.· 1944-10-30 ·cited 12×
  The court held that the appellant's sentence on count 3 was valid because it charged a distinct offense from count 1, and thus he was not entitled to release.
• Tippitt v. Squier
  145 F.2d 211· 9th Cir.· 1944-09-28 ·cited 12×
  The court held that the appellant's sentence computations were incorrect and that his custody would continue until November 5, 1944.
• Mahoney v. Johnston
  144 F.2d 663· 9th Cir.· 1944-09-05 ·cited 12×
  The court held that the district court properly dismissed the habeas corpus petition because the federal sentence is valid and the issue of concurrency of sentences is not properly before the court in this proceeding.
• Roscoe v. Hunter
  144 F.2d 91· 10th Cir.· 1944-07-24 ·cited 12×
  The court held that the petitioner failed to meet the burden of proof for his claims of coerced guilty plea and denial of counsel, and that the trial court had jurisdiction to modify the original sentence.
• Bridges v. Wixon
  144 F.2d 927· 9th Cir.· 1944-06-26 ·cited 12×
  The court held that there was some evidence to sustain the administrative charges, which is sufficient for review.
• Herzog v. Colpoys
  143 F.2d 137· D.C. Cir.· 1944-05-11 ·cited 12×
  The court held that the appellant had no standing in the District Court because he had not exhausted his remedies in Maryland courts and the Maryland Court of Appeals' decision on the statute's constitutionality was binding.
• Hull v. Jackson Cnty. Cir. Court
  138 F.2d 820· 6th Cir.· 1943-12-01 ·cited 12×
  The court held that the mere filing of a habeas corpus petition does not automatically oust the state court of jurisdiction, and the right of removal under 28 U.S.C.A. § 74 is limited to defendants.
• United States ex rel. D'Esquiva v. UHL
  137 F.2d 903· 2d Cir.· 1943-08-18 ·cited 12×
  The court held that the relator, born in Austria before its incorporation into Germany, was a 'native' of Germany for the purposes of the Alien Enemy Act, but remanded for further inquiry into the U.S. government's official recognition of Austria's status.
• Cook v. Cook
  135 F.2d 945· D.C. Cir.· 1943-05-17 ·cited 12×
• Posey v. Dowd
  134 F.2d 613· 7th Cir.· 1943-03-18 ·cited 12×
  The Supreme Court dismissed the petition for habeas corpus for want of jurisdiction.
• Van Pittman v. NIX
  152 Fla. 378· Fla.· 1943-02-09 ·cited 12×
  The Florida Supreme Court reversed a lower court order denying habeas corpus and upheld the fundamental right of workers to organize labor unions and solicit membership. The court struck down a municipal ordinance from Perry, Florida that prohibited all solicitation of labor unio
• Benesch v. Underwood
  132 F.2d 430· 6th Cir.· 1942-12-17 ·cited 12×
  The court held that the appellant's induction was lawful and the draft boards acted fairly, thus denying habeas corpus relief.
• Huntley v. Schilder
  125 F.2d 250· 10th Cir.· 1942-01-07 ·cited 12×
  The court held that the indictment sufficiently charged an offense under the mail fraud statute, and therefore, the habeas corpus petition was properly denied.
• Weber v. Squier
  124 F.2d 618· 9th Cir.· 1941-12-29 ·cited 12×
  The court held that sentencing a defendant to prison on one count and suspending sentence with probation on another count of the same indictment is a valid procedure, and the subsequent revocation of probation allows the court to impose the original sentence.
• McCLEARY v. Hudspeth
  124 F.2d 445· 10th Cir.· 1941-12-24 ·cited 12×
  The court held that a prisoner discharged on habeas corpus due to an illegal sentence cannot later claim double jeopardy upon resentencing or retrial.
• Waley v. Johnston
  124 F.2d 587· 9th Cir.· 1941-12-20 ·cited 12×
  The court held that a material issue of fact was presented regarding threats inducing a guilty plea, requiring a hearing.
• O'Keith v. Johnston
  122 F.2d 554· 9th Cir.· 1941-09-15 ·cited 12×
  The court held that the lower court erred in denying the habeas corpus petition without a hearing, as substantial issues of fact were raised.
• Boyd v. O'Grady
  121 F.2d 146· 8th Cir.· 1941-06-30 ·cited 12×
  The court held that the federal district court should not have dismissed the habeas corpus petition without a hearing, as the petitioner presented a rare case of peculiar urgency justifying federal intervention.
• Kent v. Sanford
  121 F.2d 216· 5th Cir.· 1941-06-23 ·cited 12×
  The court held that the defendant was deprived of his constitutional right to counsel at sentencing.
• Gebhart v. Amrine
  117 F.2d 995· 10th Cir.· 1941-02-25 ·cited 12×
  The court held that it lacked jurisdiction to hear the appeal because no certificate of probable cause was issued, and federal courts generally defer to state courts in habeas corpus matters.
• State ex rel. Fred Linick v. Hon D. C. Coleman
  144 Fla. 458· Fla.· 1940-10-18 ·cited 12×
  This case reviews a habeas corpus proceeding where the petitioner challenged his conviction for selling a motor vehicle without delivering a certificate of title. The appellate court affirmed the lower court's decision, holding that habeas corpus is not a substitute for a writ of
• State v. Woodruff
  134 Fla. 437· Fla.· 1938-10-21 ·cited 12×
  The Florida Supreme Court upheld a Tampa city ordinance regulating special sales of damaged goods, rejecting a habeas corpus challenge to the arrest and detention of George R. Lawson for violating the ordinance's licensing requirements. The court found the ordinance's classificat
• State v. Pearson
  132 Fla. 878· Fla.· 1938-06-17 ·cited 12×
  The Florida Supreme Court discharged a petitioner held in contempt for failing to pay child support because the contempt order specified an indefinite jail sentence, which is legally impermissible.
• State v. Karel
  131 Fla. 305· Fla.· 1937-10-28 ·cited 12×
  The Florida Supreme Court split evenly on whether Chester Fohl, a truck driver, violated Chapter 14764 by transporting goods without obtaining a certificate of public convenience and necessity from the Railroad Commission. Because the six justices were equally divided, Fohl was r
• Lewis v. The Honorable Nathan Mayo
  127 Fla. 488· Fla.· 1937-03-22 ·cited 12×
  Nathan Lewis sought habeas corpus relief after pleading guilty to breaking and entering with intent to commit rape. The Florida Supreme Court held that while the indictment and guilty plea were valid, the sentencing judgment was defective for failing to include the element 'with
• State v. Mayo
  123 Fla. 491· Fla.· 1936-03-30 ·cited 12×
  A prisoner filed a habeas corpus petition challenging his two-year sentence for feloniously receiving stolen property. The Florida Supreme Court denied the petition, finding the conviction and sentence were lawful and properly imposed by a court of competent jurisdiction.
• Ex Parte: Inga S. Hansen
  120 Fla. 333· Fla.· 1935-07-01 ·cited 12×
  This case establishes that habeas corpus is an appropriate remedy to challenge the propriety of a guardianship over an allegedly insane person, not merely its technical legality. The Florida Supreme Court reversed the circuit court's dismissal, holding that courts should inquire
• State v. Hardie
  114 Fla. 374· Fla.· 1934-03-27 ·cited 12×
  This case concerns whether an accessory before the fact can be sentenced before the principal offender. The court held that while the conviction of the accessory is permissible, sentencing must await the principal's sentencing.