Habeas Corpus

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

• Durham v. Wyrick
  545 F.2d 41· 8th Cir.· 1976-11-16 ·cited 10×
  The court affirmed the district court's denial of the habeas corpus petition, finding appellant's claims without merit and that state remedies were not exhausted for several issues.
• Goode v. McCUNE
  543 F.2d 751· 10th Cir.· 1976-11-02 ·cited 10×
  A federal prisoner is not entitled to credit on his federal sentence for time spent in state custody, even if the custody arose from the same underlying conduct.
• Fields v. United States
  542 F.2d 472· 8th Cir.· 1976-09-27 ·cited 10×
  The court held that the district court erred in dismissing the petitioner's motion on the merits of his parole denial claims, but affirmed the denial of relief.
• Wright v. Wainwright
  537 F.2d 224· 5th Cir.· 1976-08-20 ·cited 10×
  A state prisoner seeking federal habeas corpus relief based on jury exclusion must show cause and actual prejudice for failing to object at trial.
• Boswell v. State OF Ala.
  537 F.2d 100· 5th Cir.· 1976-08-16 ·cited 10×
  The court held that a state prisoner's appearance before the jury venire in prison garb and shackles, without objection or request for cautionary instructions, did not violate his constitutional right to a fair trial, and any error was harmless beyond a reasonable doubt.
• Goldstein v. Middendorf
  535 F.2d 1339· 1st Cir.· 1976-05-26 ·cited 10×
  The court held that the hearing officer's findings of insincerity were not supported by a basis in fact due to reliance on irrelevant, biased, or distorted considerations.
• Mysholowsky v. People OF the State OF NEW York
  535 F.2d 194· 2d Cir.· 1976-05-06 ·cited 10×
  The court held that despite potentially suggestive pretrial identification procedures, the totality of the circumstances did not create a substantial likelihood of irreparable misidentification, thus affirming the denial of the habeas corpus petition.
• Allison v. Blackledge
  533 F.2d 894· 4th Cir.· 1976-04-13 ·cited 10×
  The court, by majority, reversed the denial of a § 2255 motion, requiring an evidentiary hearing on the voluntariness of a guilty plea despite assurances given at arraignment.
• Kibbe v. Henderson
  534 F.2d 493· 2d Cir.· 1976-04-08 ·cited 10×
  The court held that the trial judge's jury instruction on causation, while potentially lacking detail, did not rise to the level of constitutional error requiring federal habeas relief.
• Hendron v. Cowan
  532 F.2d 1081· 6th Cir.· 1976-04-06 ·cited 10×
  The court held that the guilty plea was voluntary under pre-Boykin standards and that Boykin v. Alabama should not be applied retroactively.
• Darwin C. Bailey v. Mason F. Holley
  530 F.2d 169· 7th Cir.· 1976-02-19 ·cited 10×
  The court held that its prior decision requiring written reasons for parole denial should not be applied retroactively to parole denials that occurred before the decision date. Similarly, due process standards for parole release proceedings were not applied retroactively. The two
• Irwin v. Wolff
  529 F.2d 1119· 8th Cir.· 1976-02-17 ·cited 10×
  The court held that the petitioner's arrest was based on probable cause and his indefinite commitment under Nebraska's Sexual Sociopath Act did not constitute cruel and unusual punishment.
• United States ex rel. Robert Hudson v. Cannon
  529 F.2d 890· 7th Cir.· 1976-02-04 ·cited 10×
  The court held that allegations of involuntary statements or Sixth Amendment violations during interrogation are sufficient to entitle a petitioner to an evidentiary hearing regarding the admissibility of third-party testimonial fruits.
• Stevenson v. Mathews
  529 F.2d 61· 7th Cir.· 1976-02-04 ·cited 10×
  The court held that the petitioner's physical presence was not suppressible and that his possession conviction was not attackable due to his guilty plea.
• Shaw v. Dolph Briscoe
  526 F.2d 675· 5th Cir.· 1976-02-02 ·cited 10×
  A prisoner's § 1983 action challenging conditions of confinement is not barred by the habeas corpus requirement, even if it includes a prayer for relief that might indirectly affect release.
• Morgan v. Massey
  526 F.2d 347· 5th Cir.· 1976-01-22 ·cited 10×
  A reconstructed record can provide effective appellate review, and a privately retained attorney's actions do not establish state involvement for federal habeas corpus relief.
• Garza v. Warden Charles L. Wolff
  528 F.2d 208· 8th Cir.· 1975-12-23 ·cited 10×
  The court held that the petitioner was denied effective assistance of counsel due to his attorney's failure to adequately prepare for trial and call essential witnesses.
• Green v. Estelle
  524 F.2d 1243· 5th Cir.· 1975-12-19 ·cited 10×
  A guilty plea does not waive a double jeopardy claim if the claim would have constitutionally precluded prosecution.
• Coleman v. Louie L. Wainwright
  323 So. 2d 581· Fla.· 1975-12-10 ·cited 10×
  A prisoner is not entitled to credit for time spent on parole against his sentence, as parole is a privilege and not a right.
• Hopkins v. State OF Ala.
  524 F.2d 473· 5th Cir.· 1975-12-08 ·cited 10×
  The court affirmed the denial of habeas relief regarding the illegal search claim, finding the search justified by exigent circumstances, but remanded for a determination of exhaustion of state remedies on other claims.
• Bennie E. Demps v. Louie L. Wainwright
  522 F.2d 192· 5th Cir.· 1975-10-29 ·cited 10×
  A pro se prisoner's civil rights complaint alleging arbitrary transfer and loss of property should not be dismissed without an opportunity to present evidence.
• United States ex rel. Maria Horta v. DeYOUNG
  523 F.2d 807· 3d Cir.· 1975-10-02 ·cited 10×
  Joint representation of co-defendants with conflicting interests, without a waiver, constitutes a deprivation of the Sixth Amendment right to effective assistance of counsel.
• United States ex rel. Roy Schuster v. Vincent
  524 F.2d 153· 2d Cir.· 1975-09-23 ·cited 10×
  The court held that the state's egregious violation of the spirit of a prior mandate, coupled with Schuster's prolonged and improper confinement, required his constructive parole in 1969 and subsequent discharge.
• United States ex rel. Robert Bleimehl v. Cannon
  525 F.2d 414· 7th Cir.· 1975-09-19 ·cited 10×
  The admission of a mug book into evidence in a state criminal trial, even if potentially prejudicial, does not violate due process unless the prejudice greatly outweighs its probative value.
• Bolius v. State
  319 So. 2d 85· Fla. 2d DCA· 1975-09-19 ·cited 10×
  Bolius appealed the denial of his post-conviction motion challenging his guilty pleas on grounds that the trial court failed to conduct a formal sanity hearing despite evidence suggesting possible incompetency. The court affirmed, holding that while the trial judge must ordinaril
• Lindsey v. Craven
  521 F.2d 1071· 9th Cir.· 1975-08-21 ·cited 10×
  The court held that the state trial court's failure to conduct a voluntariness hearing outside the jury's presence, as required by Jackson v. Denno, was not harmless error and mandated release unless a new trial was granted.
• United States ex rel. Edward Curtis v. People OF the State OF Ill. & John J. Twomey
  521 F.2d 717· 7th Cir.· 1975-07-11 ·cited 10×
  The court held that the petitioner's own conduct waived any claim of inadequate representation and that the alleged suppressed evidence lacked constitutional significance, thus affirming the dismissal of the habeas corpus petition.
• Nassar v. Vinzant
  519 F.2d 798· 1st Cir.· 1975-06-26 ·cited 10×
  The court held that the photographic identification procedure, while containing some suggestive elements, was not so impermissibly suggestive as to give rise to a very substantial likelihood of misidentification, and thus the petition for habeas corpus was correctly dismissed.
• In re the Application for a Writ of Habeas Corpus for Larry C. High v. Rhay
  519 F.2d 109· 9th Cir.· 1975-06-18 ·cited 10×
  The dissenting judge believes the state appellate court's thorough review compensated for any deficiencies in appointed counsel's brief, thus satisfying the Anders standard and obviating the need for further state proceedings.
• Flores v. Estelle
  513 F.2d 764· 5th Cir.· 1975-05-30 ·cited 10×
  The district court committed plain error by admitting hearsay testimony to prove the non-existence of a toxicology report, and this error was not waived by the petitioners.
• Glenn v. Reubin O'D. Askew
  513 F.2d 61· 5th Cir.· 1975-05-21 ·cited 10×
  The court held that the appellee failed to exhaust his state court remedies before seeking federal habeas corpus relief.
• Scranton v. Whealon
  514 F.2d 99· 6th Cir.· 1975-03-18 ·cited 10×
  The court held that the plea of guilty was voluntarily made and that Boykin v. Alabama does not require a specific judicial colloquy for state court guilty pleas entered before Boykin was decided.
• Holland v. Perini
  512 F.2d 99· 6th Cir.· 1975-03-17 ·cited 10×
  The Sixth Amendment right to counsel does not attach to pre-indictment showups, but does attach to post-arraignment showups. However, admission of testimony from an unconstitutional showup may be harmless error if other evidence is overwhelming.
• Sawyer v. Garrell S. Mullaney
  510 F.2d 1220· 1st Cir.· 1975-02-21 ·cited 10×
  The court held that the state court's denial of a new trial, despite refusing to hear testimony impeaching the key witness, did not rise to the level of constitutional error.
• United States ex rel. G. Daniel Walker v. Gunn
  511 F.2d 1024· 9th Cir.· 1975-02-12 ·cited 10×
  The court held that a petition for removal filed after voir dire has commenced is untimely under 28 U.S.C. § 1446(c), and thus the state court retains jurisdiction.
• Washington v. Regan
  510 F.2d 1126· 3d Cir.· 1975-02-10 ·cited 10×
  The court held that the state court's resentencing procedure did not violate due process, and therefore, federal intervention via habeas corpus was unwarranted.
• Anderson v. State OF Tex.
  507 F.2d 105· 5th Cir.· 1975-01-22 ·cited 10×
  The district court's denial of habeas corpus relief must be vacated because it acted without reviewing the state trial transcript and failed to hold an evidentiary hearing.
• Ross v. Ristaino
  508 F.2d 754· 1st Cir.· 1974-12-31 ·cited 10×
  The court held that the trial judge's denial of the defense request to specifically interrogate prospective jurors on racial prejudice violated the defendant's due process rights.
• Wren v. Carlson
  506 F.2d 131· D.C. Cir.· 1974-09-12 ·cited 10×
  The court concurred in the result that the case should be dismissed as frivolous and potentially transferred to the Northern District of Georgia.
• Shimabuku v. Britton
  503 F.2d 38· 10th Cir.· 1974-09-10 ·cited 10×
  The court held that appellants were entitled to no relief because they failed to demonstrate any adverse disposition from their disciplinary proceedings or any harm resulting from alleged procedural due process violations. The court also affirmed that the Fifth Amendment privileg
• United States ex rel. Cornelius Lucas v. Regan
  503 F.2d 1· 2d Cir.· 1974-09-03 ·cited 10×
  The dissenting judge argues that the pretrial identification procedures were impermissibly suggestive and the subsequent in-court identification was unreliable, necessitating a new trial.
• Mercado v. Rockefeller
  502 F.2d 666· 2d Cir.· 1974-08-15 ·cited 10×
• Jones v. Henderson
  494 F.2d 47· 5th Cir.· 1974-05-15 ·cited 10×
  The court held that the petitioner waived his jury composition objections by failing to raise them before trial as required by Louisiana law.
• Rand v. Swenson
  501 F.2d 394· 8th Cir.· 1974-05-02 ·cited 10×
  The court held that the district court's order granting a new trial based on a bona fide doubt of the petitioner's competency to stand trial was not clearly erroneous and affirmed the order.
• Cottle v. Louie L. Wainwright
  493 F.2d 397· 5th Cir.· 1974-05-02 ·cited 10×
  The court held that the determination of whether counsel is required for a parolee at a revocation hearing must be made by the state parole authority on a case-by-case basis, exercising sound discretion according to Supreme Court guidelines.
• Grech v. Louie L. Wainwright
  492 F.2d 747· 5th Cir.· 1974-04-12 ·cited 10×
  The court held that excusing Jewish jurors upon request due to Yom Kippur did not violate the Constitution or the Jury Selection and Service Act.
• Reggie Clayton Madeley v. Kern
  488 F.2d 865· 5th Cir.· 1974-01-28 ·cited 10×
  The court held that federal courts must defer to state remedies for habeas corpus petitions until all issues have been presented to the state courts.
• McKINNEY v. Parsons
  488 F.2d 452· 5th Cir.· 1974-01-17 ·cited 10×
  A district judge must personally inspect allegedly obscene material when deciding a habeas corpus petition, and cannot solely rely on a magistrate's recommendation.
• United States ex rel. Samuel Saiken v. Bensinger
  489 F.2d 865· 7th Cir.· 1973-11-16 ·cited 10×
  The court held that the affidavit for the search warrant was insufficient to establish probable cause. The court also found the curtilage issue required further factual development.
• Daniels v. State OF Ala.
  487 F.2d 887· 5th Cir.· 1973-11-13 ·cited 10×
  The court held that the petitioner was denied his constitutional right to counsel on appeal and his right to a direct appeal.