Habeas Corpus

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

• United States ex rel. William Lee Evans v. LaVALLEE
  446 F.2d 782· 2d Cir.· 1971-07-13 ·cited 10×
  The court held that the trial court's failure to hold a sanity hearing did not deprive the petitioner of due process, as the evidence did not necessitate such a hearing under the relevant New York statutes and case law.
• Smith v. Follette
  445 F.2d 955· 2d Cir.· 1971-07-08 ·cited 10×
  The court held that the applications were essentially habeas corpus petitions requiring exhaustion of state remedies.
• United States ex rel. John Johnson H-6753 v. Russell
  444 F.2d 1177· 3d Cir.· 1971-07-07 ·cited 10×
  A guilty plea entered upon the advice of competent counsel waives prior constitutional infirmities, and a defendant assumes the risk of ordinary error in legal assessment.
• Roth v. Laird
  446 F.2d 855· 2d Cir.· 1971-06-24 ·cited 10×
  The court held that discretionary decisions by military officials within their jurisdiction are not subject to judicial review unless they violate regulations or are arbitrary and irrational.
• Donald v. Sheriff Clarence Jones of Dallas Cnty.
  445 F.2d 601· 5th Cir.· 1971-06-14 ·cited 10×
  The court held that the amended statute was a procedural change that did not deprive the defendant of a substantial right, and thus its application was not an ex post facto violation. The court also found that the defendant's prior conviction, even with a pardon, was valid for en
• Crotty v. Kelly
  443 F.2d 214· 1st Cir.· 1971-06-04 ·cited 10×
  Failure to provide access to unfavorable reports and an opportunity to respond to a military member's conscientious objector application violates due process.
• United States ex rel. Joseph A. DiRIENZO v. Yeager
  443 F.2d 228· 3d Cir.· 1971-06-04 ·cited 10×
  The court held that the police conduct did not violate the Fourth Amendment, and any error in admitting evidence from a warrantless search was harmless.
• Barker v. Wingo
  442 F.2d 1141· 6th Cir.· 1971-05-20 ·cited 10×
  The court held that the appellant's Sixth Amendment right to a speedy trial was not violated by the five-year delay between indictment and trial under the circumstances presented.
• Hunter v. Swenson
  442 F.2d 625· 8th Cir.· 1971-04-26 ·cited 10×
  The court held that the appellant was not entitled to another evidentiary hearing on the voluntariness of his statements, as the issue had been fully developed and resolved in prior state court proceedings.
• Hemphill v. Moseley
  443 F.2d 322· 10th Cir.· 1971-04-13 ·cited 10×
  Military jurisdiction over crimes committed by servicemen in foreign countries is not affected by O'Callahan v. Parker.
• Fitzgerald v. Louie L. Wainwright
  440 F.2d 1049· 5th Cir.· 1971-04-07 ·cited 10×
  The court held that while some of the appellant's claims were properly denied, the issue of effective assistance of counsel was not sufficiently developed and required exhaustion of state remedies.
• United States ex rel. Michael Katzoff v. McGINNIS
  441 F.2d 558· 2d Cir.· 1971-03-29 ·cited 10×
  A civil rights action for restoration of statutory good time should not be barred by the exhaustion requirement of 28 U.S.C. § 2254(b).
• Miller v. COX
  443 F.2d 1019· 4th Cir.· 1971-03-18 ·cited 10×
  A prisoner is not entitled to credit for time served on an invalidated conviction against a sentence for a new, unrelated crime committed after release.
• Johnson v. Salisbury
  448 F.2d 374· 6th Cir.· 1971-03-18 ·cited 10×
  The court held that the identification procedures used were not so unnecessarily suggestive as to deny due process of law, considering the totality of the circumstances.
• Peters v. Kiff
  441 F.2d 370· 5th Cir.· 1971-03-11 ·cited 10×
• Young v. Louie L. Wainwright
  439 F.2d 426· 5th Cir.· 1971-03-09 ·cited 10×
  The court held that a jury charge allowing inferences from unexplained possession of recently stolen property does not violate the Fifth Amendment, even if the defendant remains silent.
• Pine v. The State OF Mont. & W. J. Estelle, Jr.
  439 F.2d 1093· 9th Cir.· 1971-02-26 ·cited 10×
  Irregularities in a prisoner's arrest and extradition do not impair the court's power to recommit him under a lawful sentence. There is no federal constitutional right to counsel at parole revocation hearings.
• Theriault v. Olin G. Blackwell
  437 F.2d 76· 5th Cir.· 1971-01-28 ·cited 10×
  The court held that the district court correctly denied the prisoner's petition for habeas corpus and other relief.
• Helmick v. Cupp
  437 F.2d 321· 9th Cir.· 1971-01-18 ·cited 10×
  The court held that the petitioner was not denied due process when sheriff's deputies, who also served as bailiffs, drove jurors to the crime scene, as the association was casual and the deputy's testimony was on uncontested matters.
• Emil Klamert v. Hoyt Cupp
  437 F.2d 1153· 9th Cir.· 1970-12-28 ·cited 10×
  A confession made voluntarily, even if in custody and without adequate Miranda warnings, is admissible if it is not a product of custodial interrogation.
• Winfield v. Major John C. Riebel
  438 F.2d 271· 6th Cir.· 1970-12-24 ·cited 10×
  The court held that the appellant was not entitled to a I-S deferment and that the local board did not abuse its discretion in denying his hardship classification claim.
• Jackson v. Smith
  435 F.2d 1284· 5th Cir.· 1970-12-24 ·cited 10×
  The court held that the district court's denial of habeas corpus relief was correct because the petitioner failed to demonstrate clear error in the state court's findings or the district court's application of law.
• Burley Coleman v. Lt. Gen. John J. Tolson
  435 F.2d 1062· 4th Cir.· 1970-12-18 ·cited 10×
  The court held that a student's reclassification from II-S to I-A was unlawful because there was no basis in fact for the local board's decision, considering the college's administrative regulations and the student's satisfactory progress.
• Becker v. The State OF Neb.
  435 F.2d 157· 8th Cir.· 1970-12-15 ·cited 10×
  A voluntary guilty plea waives the non-jurisdictional claim of denial of a speedy trial.
• Boyd v. Smith
  435 F.2d 153· 5th Cir.· 1970-12-14 ·cited 10×
  A voluntary and knowing guilty plea waives all non-jurisdictional defects in the proceedings.
• Wilburn Jerome Gerberding v. Swenson
  435 F.2d 368· 8th Cir.· 1970-12-07 ·cited 10×
  The use of a constitutionally infirm prior conviction for sentence enhancement is harmless error if other valid prior convictions exist and are sufficient to support the enhancement.
• Powell v. Powell
  242 So. 2d 138· Fla. 1st DCA· 1970-12-03 ·cited 10×
  Temporary custody orders from foreign jurisdictions are not entitled to full faith and credit in Florida due to their lack of finality, but may be given effect under the doctrine of comity.
• Denny Lee Gafford v. Warden, U. S. Penitentiary, Leavenworth, Kan., & State of Alaska
  434 F.2d 318· 10th Cir.· 1970-11-16 ·cited 10×
  The court held that an evidentiary hearing is necessary to determine whether jury misconduct occurred, as a juror's affidavit alleging consideration of outside evidence raises factual questions requiring resolution.
• Hackworth v. Beto
  434 F.2d 852· 5th Cir.· 1970-11-11 ·cited 10×
  The court held that while some state trial errors may have occurred, they did not rise to the level of a federal due process violation, and thus habeas corpus relief was denied.
• Phillips v. State OF N.C.
  433 F.2d 659· 4th Cir.· 1970-11-09 ·cited 10×
  The Supreme Court's ruling in Coleman v. Alabama, requiring counsel at preliminary hearings, should not be applied retroactively to cases predating the decision.
• Nash v. Moseley
  433 F.2d 923· 10th Cir.· 1970-10-26 ·cited 10×
  The court held that a parole violator's warrant, though issued timely, does not need to be executed immediately and can be held in abeyance, even after the prisoner completes a subsequent sentence.
• Leake v. COX
  432 F.2d 982· 4th Cir.· 1970-10-08 ·cited 10×
  The court held that even if the admission of evidence regarding the petitioner's refusal to provide handwriting exemplars and make an oral statement, and the prosecutor's argument thereon, constituted a constitutional violation, it was harmless error given the overwhelming eviden
• Mitchell v. Henderson
  432 F.2d 435· 5th Cir.· 1970-10-08 ·cited 10×
  The court held that the appellant's allegations entitled him to an evidentiary hearing and that venue was proper in the New Orleans Division.
• Maggard v. Louie L. Wainwright
  432 F.2d 941· 5th Cir.· 1970-10-02 ·cited 10×
  The court held that the trial court's decision to allow the prosecution to reopen its case did not deny the appellant a fair and impartial trial.
• Konvalin v. Sigler
  431 F.2d 1156· 8th Cir.· 1970-09-22 ·cited 10×
  The court held that the Supreme Court's ruling in Coleman v. Alabama, requiring counsel at preliminary hearings, should be applied prospectively only and not retroactively to this case.
• Ayers v. Ciccone
  431 F.2d 724· 8th Cir.· 1970-09-09 ·cited 10×
  The appeal is dismissed as moot because the petitioner has been released and has no substantial stake in the outcome of the case concerning the conditions of his prior confinement.
• Dickie Lee Lawrence v. Lake F. Russell
  430 F.2d 718· 6th Cir.· 1970-09-04 ·cited 10×
  The court held that the petitioner's guilty plea was voluntary and that the district court's denial of the writ of habeas corpus was correct.
• Wilson v. Millard Gooding
  431 F.2d 855· 5th Cir.· 1970-08-19 ·cited 10×
  The court held that a single district judge has jurisdiction to hear a habeas corpus petition challenging the constitutionality of a state statute, and affirmed the district court's finding that the statute was unconstitutionally vague and overbroad.
• O'Malley v. Louie L. Wainwright
  237 So. 2d 813· Fla. 2d DCA· 1970-07-17 ·cited 10×
  O'Malley filed a habeas corpus petition challenging his five-year forgery sentence after his parole was revoked for a theft conviction in California. The court found that O'Malley raised numerous grounds, most without merit, but appointed a commissioner to examine evidence on two
• Marden A. Mayes v. Sigler
  428 F.2d 669· 8th Cir.· 1970-07-17 ·cited 10×
  The court held that the federal habeas corpus petition must be dismissed because the petitioner failed to exhaust his available state remedies.
• Daboul v. Craven
  429 F.2d 164· 9th Cir.· 1970-07-10 ·cited 10×
  The court affirmed the denial of the habeas corpus petition, finding the arrest lawful and the admission of prior testimony admissible on most counts, while remanding one count for failure to exhaust state remedies.
• McMICHAELS v. Barker L. Hancock
  428 F.2d 1222· 1st Cir.· 1970-07-08 ·cited 10×
  The court held that the petitioner had not exhausted his state remedies regarding his claim of an involuntary guilty plea.
• Parks v. Louie L. Wainwright
  429 F.2d 1240· 5th Cir.· 1970-07-06 ·cited 10×
• Milton v. Louie L. Wainwright
  428 F.2d 463· 5th Cir.· 1970-06-23 ·cited 10×
  The court held that the district court rightly denied the petition for a writ of habeas corpus.
• Holnagel v. Kropp
  426 F.2d 777· 6th Cir.· 1970-05-27 ·cited 10×
  The court held that a mistaken interpretation of a statute by counsel, when viewed in the context of the entire record and other valid reasons for the advice given, does not render the assistance of counsel ineffective.
• Brown v. Crouse
  425 F.2d 305· 10th Cir.· 1970-05-04 ·cited 10×
  The court held that the lower court's denial of habeas corpus relief was proper, affirming the denial of the appellant's claims of federal constitutional error.
• Landau v. Colonel Arthur Allen
  424 F.2d 668· 6th Cir.· 1970-04-20 ·cited 10×
  The court held that the petitioner was not denied due process and that there was a basis in fact for his I-A classification, affirming the denial of his habeas corpus petition.
• United States ex rel. Enrico Gentile v. Mancusi
  426 F.2d 238· 2d Cir.· 1970-04-13 ·cited 10×
  The court held that the relator's conclusory allegations of fear and prosecutorial threats did not warrant a federal habeas corpus hearing because he had not exhausted his state remedies for the latter claim and the former was insufficient.
• United States ex rel. Samuel Witt v. The Hon. J. Edwin LaVALLEE
  424 F.2d 421· 2d Cir.· 1970-04-07 ·cited 10×
  The court held that a defendant's failure to appeal due to not being informed of his appellate rights by assigned counsel is attributable to the state, requiring an evidentiary hearing.
• United States ex rel. Private Michael P. Healy v. Beatty
  424 F.2d 299· 5th Cir.· 1970-04-07 ·cited 10×
  The court held that an applicant for conscientious objector discharge does not need to appeal to the Board for Correction of Military Records if no court-martial is pending, and that the Army's denial of discharge based on a lack of substantial change in religious beliefs subsequ