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. Joseph H. Milani v. Pate
  425 F.2d 6· 7th Cir.· 1970-04-02 ·cited 10×
  Incriminating statements made by a defendant to a fellow inmate, who is not acting as an agent of the police and is not instructed by them, are admissible even if made after indictment and in the absence of counsel.
• Lamarr v. Louie L. Wainwright
  423 F.2d 1104· 5th Cir.· 1970-03-30 ·cited 10×
  The court held that the district court's finding of deliberate bypass of state remedies was not clearly erroneous, thus denying federal habeas corpus relief.
• Lassiter v. Turner
  423 F.2d 897· 4th Cir.· 1970-03-27 ·cited 10×
  The court affirmed the lower court's decision based on state law.
• United States ex rel. Charles Albert Holes v. Mancusi
  423 F.2d 1137· 2d Cir.· 1970-03-26 ·cited 10×
  The court held that the petitioner failed to present sufficient particularized allegations and supporting material to warrant a federal habeas corpus hearing on the voluntariness of his guilty plea.
• United States ex rel. James Hoey Fear v. Commonwealth OF Pa.
  423 F.2d 55· 3d Cir.· 1970-03-11 ·cited 10×
  The court held that the relator is entitled to an evidentiary hearing to determine if his guilty plea was entered intelligently and voluntarily, despite the plea occurring before Boykin v. Alabama.
• Arlie Jones v. Salisbury
  422 F.2d 1326· 6th Cir.· 1970-03-06 ·cited 10×
  Considering a prisoner's prior criminal record when deciding parole does not constitute unlawful additional punishment or an unauthorized exercise of legislative/judicial function.
• United States ex rel. Clarence Coleman v. Hon. Vincent R. Mancusi
  423 F.2d 985· 2d Cir.· 1970-03-04 ·cited 10×
  The court held that the petitioner's statements were voluntary and admissible, and that the prosecutor's summation comment on an obvious physical feature of an exhibit was proper.
• Matthews v. State
  422 F.2d 1046· 5th Cir.· 1970-02-26 ·cited 10×
  The court held that the record contained contradictions regarding the potential sentences, making a final disposition impossible without further clarification.
• Vera v. Beto
  422 F.2d 1052· 5th Cir.· 1970-02-20 ·cited 10×
  The court held that no evidentiary hearing was required in this habeas corpus proceeding because the petitioner's contentions were adequately addressed by the trial court and supported by the record.
• Application of Timothy Connors v. State OF S.D. & Don R. Erickson
  422 F.2d 122· 8th Cir.· 1970-02-19 ·cited 10×
  The court held that the appellee's Sixth Amendment right to counsel was not violated during custodial interrogation, as his request for an attorney was not clear, was not pursued, and was not communicated to the interrogating officer.
• Breen v. Beto
  421 F.2d 945· 5th Cir.· 1970-02-04 ·cited 10×
  The court held that the district court erred in dismissing the habeas corpus petition without an evidentiary hearing, as the record did not sufficiently establish the status of attorney McLean.
• DeLage Larry Smith v. Attorney General OF the United States
  420 F.2d 488· 5th Cir.· 1969-12-23 ·cited 10×
  The court held that the appellant's earned good time should not have been revoked and that he should not receive credit for time spent in prison on a Mississippi conviction.
• United States ex rel. Mark P. Sheldon v. Major General Charles S. O'Malley, Jr.
  420 F.2d 1344· D.C. Cir.· 1969-12-19 ·cited 10×
  The court held that the Army's denial of a conscientious objector discharge lacked a basis in fact when the applicant's sincerity was conceded and his objection was demonstrably rooted in religious training and belief, even if reinforced by personal moral considerations.
• Jones v. Smith
  420 F.2d 774· 5th Cir.· 1969-12-15 ·cited 10×
  The court held that the jury selection process, based on segregated tax digests, violated constitutional standards, requiring a new trial.
• Heffley v. Hocker
  420 F.2d 881· 9th Cir.· 1969-12-09 ·cited 10×
  A warrantless search of an automobile conducted at a police station, remote in time and place from the arrest, is not incident to the arrest and violates the Fourth Amendment.
• Darwin Earl Schultz v. Honorable Clark Clifford
  417 F.2d 775· 8th Cir.· 1969-10-29 ·cited 10×
  The court held that the active duty order was valid and affirmed the denial of the writ of habeas corpus.
• Wood v. Crouse
  417 F.2d 394· 10th Cir.· 1969-10-07 ·cited 10×
  A warrantless search of a vehicle conducted after the occupants have been arrested and the vehicle is in police custody is unreasonable under the Fourth Amendment, and admission of evidence obtained from such a search is not harmless error if it may have contributed to the convic
• Curry v. Louie L. Wainwright
  416 F.2d 379· 5th Cir.· 1969-09-26 ·cited 10×
  The court held that the appellant's application for a certificate of probable cause and leave to appeal was timely filed as a notice of appeal, and that the district court did not commit clear error in finding the guilty plea was voluntary.
• Perry v. James E. (Bill) Decker
  415 F.2d 773· 5th Cir.· 1969-09-05 ·cited 10×
  Federal habeas corpus relief is unavailable to state prisoners who have not exhausted their available state remedies, including direct appeal.
• United States ex rel. Robert A. Herrington v. Mancusi
  415 F.2d 205· 2d Cir.· 1969-08-25 ·cited 10×
  The court held that petitioners failed to establish that the New York Supreme Court lacked jurisdiction over their cases under state law, thus their due process claims were not reached.
• Bettie Jane Newhouse v. Misterly
  415 F.2d 514· 9th Cir.· 1969-08-20 ·cited 10×
  The court held that the petitioner's refusal to take a blood alcohol test was not a testimonial act protected by the Fifth Amendment, and the prosecution could comment on this refusal. The court also found no deliberate bypass of state remedies.
• Clark v. Beto
  415 F.2d 71· 5th Cir.· 1969-08-19 ·cited 10×
  The court held that the district court did not err in granting habeas corpus relief because the state failed to prove the petitioner's competency to stand trial due to the impossibility of a retrospective determination after a significant time lapse and conflicting evidence.
• Tandler v. Olin G. Blackwell
  412 F.2d 780· 5th Cir.· 1969-07-03 ·cited 10×
  A federal convict is not entitled to credit for time spent in jail pending appeal if they elected not to commence service of their sentence.
• Terrell v. Perini
  414 F.2d 1231· 6th Cir.· 1969-07-02 ·cited 10×
  The court held that the appellant had exhausted his state remedies because there was no clear Ohio Supreme Court interpretation allowing a delayed appeal from the Court of Appeals' denial of a delayed appeal.
• Sammie L. Love v. State OF Ala.
  411 F.2d 558· 5th Cir.· 1969-05-23 ·cited 10×
  The court held that the district court did not err in denying the habeas corpus petition without an evidentiary hearing because the prisoner had not exhausted state remedies for most claims and the state court's findings on the interrogation claim were presumed correct.
• Proctor v. Harris
  413 F.2d 383· D.C. Cir.· 1969-04-29 ·cited 10×
  The court held that while an indigent patient and their counsel may be entitled to psychiatric assistance in preparing for an adversarial hearing, the record did not demonstrate a denial of such assistance in this specific case.
• United States ex rel. Hubert John Griffin v. Hon. Thomas C. Martin
  409 F.2d 1300· 2d Cir.· 1969-04-24 ·cited 10×
  The court affirmed the district court's denial of the habeas corpus petition, finding that state remedies were not exhausted at the time of the district court's decision.
• Isiah Relford v. Commandant
  409 F.2d 824· 10th Cir.· 1969-04-23 ·cited 10×
  The court held that the military judicial system gave full and fair consideration to the petitioner's constitutional claims, and that the district court correctly denied the habeas petition.
• United States ex rel. Ralph Spero v. Hon. Charles McKENDRICK (Successor to Hon. Walter M. Wallack)
  409 F.2d 181· 2d Cir.· 1969-04-15 ·cited 10×
  The court held that the search of the petitioner's automobile was reasonable under the Fourth Amendment, even though conducted without a warrant, as it was incident to a lawful arrest and based on probable cause.
• United States ex rel. McKinley Williams v. Hon. Harold W. Follette
  408 F.2d 658· 2d Cir.· 1969-03-20 ·cited 10×
  The court should affirm the district court's denial of the petition without a hearing, as the claims are insubstantial.
• Kraus v. Selective Serv. Sys. Local 25 (Board Members: Joseph Hirshfield
  408 F.2d 622· 4th Cir.· 1969-03-13 ·cited 10×
  The court held that the registrant's complaint seeking pre-induction judicial review of his reclassification was premature under § 10(b)(3) of the Military Service Act of 1967.
• Velton Watkins v. Wilson
  408 F.2d 351· 9th Cir.· 1969-02-20 ·cited 10×
  The court held that common representation of co-defendants is not per se error and that there was no Sixth Amendment conflict of interest violating the right to counsel.
• Jones v. Louie L. Wainwright
  406 F.2d 1241· 5th Cir.· 1969-02-03 ·cited 10×
  The court affirmed the denial of the habeas corpus petition, finding the district court's factual findings were not clearly erroneous.
• Schaeffer v. Louie L. Wainwright
  218 So. 2d 442· Fla.· 1969-01-22 ·cited 10×
  The Florida Supreme Court held that a criminal defendant represented by private counsel at trial bears responsibility for ensuring timely appeal within statutory time limits, and the state has no obligation to appoint appellate counsel or initiate appeal procedures absent the def
• Ellis v. Fitzharris
  407 F.2d 799· 9th Cir.· 1969-01-22 ·cited 10×
  The dissenting judge believes the majority misapplied Supreme Court precedent regarding the burden of proof in habeas corpus cases concerning coerced confessions.
• Salisbury v. Grimes
  406 F.2d 50· 5th Cir.· 1969-01-14 ·cited 10×
  A white defendant cannot claim a violation of his constitutional rights based on the alleged systematic exclusion of Negro citizens from the grand jury that indicted him. Additionally, a harsher sentence imposed after a successful appeal is not unconstitutional if the trial jury
• United States ex rel. Preston Smith v. Hon. Harold W. Follette
  405 F.2d 1199· 2d Cir.· 1969-01-13 ·cited 10×
  The court held that federal habeas corpus petitions should be dismissed without prejudice to allow state courts an opportunity to adjudicate the confrontation clause claims first.
• Sims v. Eyman
  405 F.2d 439· 9th Cir.· 1969-01-06 ·cited 10×
  The court held that Arizona's procedure for determining the death penalty, which allows judges to hear mitigation evidence upon a guilty plea but not juries in a trial, does not violate due process or equal protection. It also found that the jury selection process and the constit
• Cloudies Shinall v. Breazeale
  404 F.2d 785· 5th Cir.· 1968-12-19 ·cited 10×
  The court held that the district court erred in denying the petition without making findings or holding an evidentiary hearing on factual allegations that, if proven, would entitle the petitioner to relief.
• Curry v. Burke
  404 F.2d 65· 7th Cir.· 1968-12-04 ·cited 10×
  A voluntary guilty plea waives a claim of ineffective assistance of counsel due to a conflict of interest.
• Joseph v. Wingate White
  404 F.2d 322· 5th Cir.· 1968-12-02 ·cited 10×
  The court held that the denial of a direct appeal to an indigent defendant constitutes grounds for federal habeas corpus relief.
• Captain Dale E. Noyd v. Major General Charles R. Bond, Jr.
  402 F.2d 441· 10th Cir.· 1968-10-30 ·cited 10×
  The court held that a federal court cannot grant habeas corpus relief to a military member until all available military remedies have been exhausted.
• Little v. Turner
  402 F.2d 495· 10th Cir.· 1968-10-24 ·cited 10×
  The denial of a pre-trial sanity hearing transcript to an indigent defendant, when the transcript is necessary for effective defense preparation, violates the Equal Protection Clause.
• Streets v. Louie L. Wainwright
  402 F.2d 87· 5th Cir.· 1968-10-15 ·cited 10×
  The court held that the factual allegations regarding a coerced guilty plea were sufficient to require an evidentiary hearing.
• French v. United States
  416 F.2d 1149· 9th Cir.· 1968-10-11 ·cited 10×
  The court held that a trial judge has discretion to allow a late response to requests for admissions, relieving a party of default, and that illegally obtained evidence does not automatically invalidate a guilty plea unless it induced the plea.
• Guillory v. Wilson
  402 F.2d 34· 9th Cir.· 1968-09-25 ·cited 10×
  The court held that the district court properly denied the petition for a writ of habeas corpus, affirming the conviction for attempting to bribe an officer.
• Manual Chavez v. Baker
  399 F.2d 943· 10th Cir.· 1968-09-16 ·cited 10×
  The court affirmed the denial of the habeas corpus petition, finding the appellant's claims unsubstantial and that requiring re-presentation to state courts would not serve justice.
• Davis v. Bennett
  400 F.2d 279· 8th Cir.· 1968-08-28 ·cited 10×
  The court affirmed the denial of the petitioner's claim because he had not exhausted his state remedies.
• Lydy v. Beto
  399 F.2d 59· 5th Cir.· 1968-08-02 ·cited 10×
  The court held that under Peyton v. Rowe, it was error for the district court to consider the validity of only the shortest of concurrent sentences while ignoring longer ones on grounds of prematurity.
• Ashe v. Swenson
  399 F.2d 40· 8th Cir.· 1968-07-30 ·cited 10×
  The court held that a state prisoner's federal habeas petition asserting double jeopardy was barred by the Supreme Court's existing precedent in Hoag v. New Jersey and Ciucci v. Illinois, which allowed consecutive prosecutions for separate offenses arising from the same occurrenc