Habeas Corpus

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

• Davis v. Craven
  485 F.2d 1138· 9th Cir.· 1973-09-11 ·cited 10×
• Walker v. Kruse
  484 F.2d 802· 7th Cir.· 1973-08-20 ·cited 10×
  The court held that the district court should not have abstained from deciding the state law issues in this diversity case, and that an Illinois court would likely dismiss the complaint for failure to state a cause of action.
• Burdette v. Nock
  480 F.2d 1010· 6th Cir.· 1973-06-29 ·cited 10×
  The court held that the federal parole board did not waive the parole violation or lose jurisdiction by failing to execute the warrant while the petitioner was awaiting trial on state charges.
• Haywood Williams, Jr. v. Elliot L. Richardson
  481 F.2d 358· 8th Cir.· 1973-06-29 ·cited 10×
  The court held that a class action is an appropriate procedure for inmates to challenge conditions of confinement and treatment, and that the district court erred in dismissing the case solely on the grounds that habeas corpus proceedings are not practical or desirable as class a
• Brown v. COX
  481 F.2d 622· 4th Cir.· 1973-06-28 ·cited 10×
• Dorman v. State
  279 So. 2d 854· Fla.· 1973-06-06 ·cited 10×
  The Florida Supreme Court held that a trial judge abused discretion by failing to conduct a mental examination and hearing regarding whether a defendant charged with sexual crimes was a criminal sexual psychopath as defined by statute, despite the presence of psychiatric evidence
• Lewis v. Cardwell
  476 F.2d 467· 6th Cir.· 1973-04-05 ·cited 10×
  The court held that the warrantless seizure and search of the appellee's automobile violated his Fourth and Fourteenth Amendment rights, as the 'plain view' and 'instrumentality' exceptions did not apply without exigent circumstances or actual observation.
• United States v. Ziegele
  474 F.2d 1356· 3d Cir.· 1973-03-05 ·cited 10×
  The court held that the state suppression hearing was adequate and the trial court correctly determined the confession was voluntary, affirming the denial of habeas corpus.
• Weaver v. State OF Tex.
  474 F.2d 1135· 5th Cir.· 1973-03-05 ·cited 10×
  The court held that a federal court may entertain a habeas corpus petition attacking a prior conviction even if the petitioner is currently serving a sentence for a subsequent conviction, provided state remedies have been exhausted for the prior conviction.
• van Blaricom v. Forscht
  473 F.2d 1323· 5th Cir.· 1973-02-21 ·cited 10×
  The court held that the procedure used to revoke the appellant's parole did not conform to applicable federal statutory, administrative, and constitutional requirements, specifically those established in Goldberg v. Kelly.
• Emma v. DeWitt C. Armstrong, III
  473 F.2d 656· 1st Cir.· 1973-02-01 ·cited 10×
  A soldier seeking discharge must exhaust available administrative remedies within the Army before seeking habeas corpus relief, even if the soldier believes the Army's requirements are unreasonable.
• United States ex rel. Terry L. Wilson v. Coughlin
  472 F.2d 100· 7th Cir.· 1973-01-19 ·cited 10×
  The court held that while the trial judge exhibited inappropriate conduct and bias, it did not warrant a new trial on the merits, but further proceedings should be handled by a different judge. The denial of petitioners' request for release was affirmed.
• Mosley v. Smith
  470 F.2d 1320· 5th Cir.· 1973-01-11 ·cited 10×
  The court held that the appellant's claim regarding jury exclusion must first be exhausted in state courts, and that the denial of appeal claim requires further findings by the district court, but that out-of-time appeals are now available in Georgia.
• United States v. Brierley
  471 F.2d 657· 3d Cir.· 1973-01-09 ·cited 10×
  The court held that a prior federal district court decision, affirmed on grounds of procedural exhaustion rather than merits, does not preclude reconsideration of the same issues in a subsequent habeas corpus petition. The court also found that undue delay in state appellate proc
• United States ex rel. William J. Johnson v. Cavell
  468 F.2d 304· 3d Cir.· 1972-10-03 ·cited 10×
  The court held that federal habeas corpus relief should be withheld pending a state court determination of whether the petitioner knowingly and deliberately waived his right to appeal.
• Howard v. Beto
  466 F.2d 1356· 5th Cir.· 1972-09-08 ·cited 10×
  The court held that the appellant's claims of ineffective assistance of counsel and involuntary guilty pleas were without merit.
• Hamrick v. Louie L. Wainwright
  465 F.2d 940· 5th Cir.· 1972-08-30 ·cited 10×
  The court held that the in-court identification was admissible even if the initial arrest was unlawful, as the identification procedure was not impermissibly suggestive and the defense strategically introduced evidence of the photographic identification.
• August K. Bergenthal v. Cady
  466 F.2d 635· 7th Cir.· 1972-08-16 ·cited 10×
  The court held that the petitioner was not entitled to an evidentiary hearing on his habeas corpus petition, as the alleged constitutional violations did not warrant one.
• Parker v. State OF Tex.
  464 F.2d 572· 5th Cir.· 1972-07-24 ·cited 10×
  The court held that the federal district court correctly dismissed the habeas corpus petition for failure to exhaust state remedies, and bail pending appeal is denied.
• Klier v. Louie L. Wainwright
  464 F.2d 1245· 5th Cir.· 1972-07-17 ·cited 10×
  The court held that a timely filed notice of appeal is valid even if the certificate of probable cause is obtained later, as the certificate is not a condition precedent to filing the appeal, but rather to its proceeding.
• United States ex rel. Lowell Peter Iverson v. Col. Wayne Rhodes
  465 F.2d 402· 7th Cir.· 1972-07-11 ·cited 10×
  A local Selective Service board's failure to comply with procedural requirements for postponing an order to report for civilian work invalidates that order, and a subsequent order issued without proper basis is illegal.
• City OF Orlando v. Cameron
  264 So. 2d 421· Fla.· 1972-07-05 ·cited 10×
  The Florida Supreme Court reversed a circuit court decision invalidating sentences of fine or imprisonment imposed on defendants convicted in municipal court. The Court held that alternative sentences of fine or imprisonment do not violate the Fourteenth Amendment unless the defe
• United States ex rel. Lorenzo Richardson v. Rundle
  461 F.2d 860· 3d Cir.· 1972-06-08 ·cited 10×
  The court held that the evidence obtained from the frisk was admissible under Terry v. Ohio, as the officers had reasonable suspicion to believe the petitioner was involved in criminal activity and potentially armed.
• Reed v. Henderson
  463 F.2d 485· 5th Cir.· 1972-06-05 ·cited 10×
  The court held that while jurisdiction may be present, a district court can decline to exercise it if the demanding jurisdiction will entertain the petition.
• Powell v. Louie L. Wainwright
  460 F.2d 1056· 5th Cir.· 1972-05-30 ·cited 10×
  The court held that the prisoner's Sixth Amendment claims regarding photographic identification, ineffective assistance of counsel, and denial of separate trial counsel were without merit.
• Green v. Beto
  460 F.2d 322· 5th Cir.· 1972-05-23 ·cited 10×
  The court held that a state prisoner must exhaust state remedies before seeking federal habeas corpus relief.
• United States ex rel. Ronald O. Bisordi v. LaVALLEE
  461 F.2d 1020· 2d Cir.· 1972-05-01 ·cited 10×
  The court held that even if a pre-trial lineup was impermissibly suggestive, the witness's in-court identification was reliable and did not violate due process because the witness had a sufficiently definite image of the assailant prior to the lineup.
• Parker v. Swenson
  459 F.2d 164· 8th Cir.· 1972-04-24 ·cited 10×
  The court held that the district court correctly denied the writ of habeas corpus, finding no constitutional error in the state court proceedings.
• Harless v. Turner
  456 F.2d 1337· 10th Cir.· 1972-04-05 ·cited 10×
  The court held that the consent to search the defendant's automobile was not legally effective due to coercive circumstances, rendering the search invalid.
• Montgomery v. Caldwell
  457 F.2d 767· 5th Cir.· 1972-03-24 ·cited 10×
  The court held that the district court erred in summarily denying the habeas petition for failure to exhaust state remedies, as the applicant had made a prior state court filing.
• Horse v. State OF S.D.
  456 F.2d 1262· 8th Cir.· 1972-03-17 ·cited 10×
  The court held that the search of the automobile was valid based on probable cause, and the introduction of a codefendant's statement did not violate Bruton because the codefendant testified and was available for cross-examination.
• United States v. Rogers
  455 F.2d 407· 5th Cir.· 1972-02-23 ·cited 10×
  The court held that the photographic identification procedure used was not impermissibly suggestive, and the delay in a preliminary hearing did not warrant dismissal of the indictment after indictment.
• Brown v. Wis. State Dep't OF Pub. Welf.
  457 F.2d 257· 7th Cir.· 1972-02-17 ·cited 10×
  The court affirmed the denial of the habeas corpus petition, holding that issues not raised in the district court are waived and that state court factual findings are presumed correct absent contrary evidence.
• Robinson v. Warden, Maryland House of Correction
  455 F.2d 1172· 4th Cir.· 1972-02-10 ·cited 10×
  Maryland's sentence review act, which allows for an increased sentence upon review initiated by the prisoner, does not violate the double jeopardy clause, due process, or the prohibition against cruel and unusual punishment.
• Griff v. Rhay
  455 F.2d 494· 9th Cir.· 1972-02-08 ·cited 10×
  The District Court improperly denied a habeas corpus petition by relying solely on the state Supreme Court's reported opinion without independent review of the record.
• United States ex rel. Joseph Cummings v. Zelker
  455 F.2d 714· 2d Cir.· 1972-02-02 ·cited 10×
  The court held that even if a pretrial identification procedure was suggestive, the in-court identification is admissible if the prosecution proves by clear and convincing evidence that it was based on observations independent of the suggestive procedure.
• Kirby H. Hensley v. Mun. Court
  453 F.2d 1252· 9th Cir.· 1972-01-19 ·cited 10×
  A person released on their own recognizance after conviction and sentencing is not considered 'in custody' for the purposes of federal habeas corpus relief under 28 U.S.C. § 2241.
• Roper v. Beto
  454 F.2d 499· 5th Cir.· 1971-12-28 ·cited 10×
• Grubb v. Brig. General William H. Birdsong, Jr.
  452 F.2d 516· 6th Cir.· 1971-12-06 ·cited 10×
  The court affirmed the denial of the habeas corpus petition, holding that the Army's determination that the applicant's conscientious objection existed prior to his entry into service was supported by a basis in fact.
• United States ex rel. Milton Wilson v. Rowe
  454 F.2d 585· 7th Cir.· 1971-12-02 ·cited 10×
  The court held that a federal court should not grant a writ of habeas corpus when the petitioner has not exhausted state remedies, even if state appellate procedures are slow, absent a showing that state processes are ineffective to protect rights.
• Radcliffe v. Clark
  451 F.2d 250· 5th Cir.· 1971-11-22 ·cited 10×
  A federal prisoner is not entitled to credit on his federal sentence for time spent in state custody if that time was already credited towards his state sentence, especially when the federal and state sentences are consecutive.
• Private First Class (E-3) William Richard Meck v. Commanding Officer
  452 F.2d 758· 3d Cir.· 1971-11-22 ·cited 10×
  The court held that the district court had jurisdiction to hear the habeas corpus petition because the petitioner was physically in the district and his custodian was subject to the court's jurisdiction.
• Barr v. Parker
  453 F.2d 865· 9th Cir.· 1971-11-16 ·cited 10×
  The court held that the Board of Parole retained jurisdiction to revoke parole even if supervision was not exercised due to comity with another state's jurisdiction, and the revocation warrant was valid if issued within the maximum sentence term.
• United States ex rel. Caswell Lathan, Jr. v. Deegan
  450 F.2d 181· 2d Cir.· 1971-11-01 ·cited 10×
  The court held that a confession obtained through deception, without other coercive circumstances, is not rendered involuntary under pre-Miranda law, and thus habeas corpus relief was properly denied.
• Derewood Bible v. State OF Ariz.
  449 F.2d 111· 9th Cir.· 1971-09-28 ·cited 10×
  A habeas corpus petition was properly denied because the petitioner's claims of double jeopardy and improper sentencing were without merit.
• Palfy v. Cardwell
  448 F.2d 328· 6th Cir.· 1971-09-22 ·cited 10×
  The court held that the appellant was not denied effective assistance of counsel and knowingly and intelligently waived his right to confrontation through stipulations.
• Thomas v. State OF N.C. & Mr. Bill Mahoney
  447 F.2d 1320· 4th Cir.· 1971-09-10 ·cited 10×
  The court held that the defendant's confession was improperly admitted into evidence because it was not voluntary due to sustained police pressure, violating his due process rights.
• Gonsior v. Craven
  449 F.2d 20· 9th Cir.· 1971-08-23 ·cited 10×
  The court held that a state trial judge's comment on the evidence, even if expressing an opinion on guilt, does not violate due process if followed by clear instructions that the jury is the exclusive judge of facts and credibility.
• Kinney v. Harlow F. Lenon
  447 F.2d 596· 9th Cir.· 1971-08-13 ·cited 10×
  The court held that federal courts should not enjoin state court proceedings, even for juveniles, due to principles of comity and federalism, and that a claim for a declaratory judgment is also subject to these equitable principles.
• Johnson v. United States
  447 F.2d 516· 5th Cir.· 1971-07-26 ·cited 10×
  The court held that the district court correctly dismissed the habeas corpus petition because the prisoner failed to show that a motion to vacate judgment and sentence under 28 U.S.C. § 2255 would be inadequate or ineffective.