Habeas Corpus

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

• Stubblefield v. Beto
  399 F.2d 424· 5th Cir.· 1968-07-24 ·cited 10×
  The court held that the appellant intelligently and competently waived his right to counsel when pleading guilty to a misdemeanor charge.
• Imbler v. Oliver
  397 F.2d 277· 9th Cir.· 1968-07-17 ·cited 10×
  A prisoner serving concurrent sentences is in custody under any of them for habeas corpus purposes, even if release would not result from a successful attack on one sentence.
• Jones v. Lake F. Russell
  396 F.2d 797· 6th Cir.· 1968-07-08 ·cited 10×
  The petitioner bears the burden of proving by a preponderance of the evidence that his confession was involuntary in a habeas corpus proceeding.
• Martin v. Beto
  397 F.2d 741· 5th Cir.· 1968-06-18 ·cited 10×
  The court affirmed the lower court's decision, concluding that while the Court of Inquiry procedures raise grave constitutional questions regarding due process and publicity, the appellant received a fair trial, and the grand jury issue is settled by precedent regarding state ind
• Schmear v. Gagnon
  396 F.2d 786· 7th Cir.· 1968-05-27 ·cited 10×
  The court held that the rule established in State ex rel. White v. Simpson, which declared district attorneys incompetent to issue arrest warrants, should not be applied retroactively to cases where the trial preceded the White decision.
• OMO v. Crouse
  395 F.2d 757· 10th Cir.· 1968-05-06 ·cited 10×
  The court held that the petitioner had not exhausted state remedies, and the trial court properly refused to consider the petition on that basis.
• Morford v. Hocker
  394 F.2d 169· 9th Cir.· 1968-04-15 ·cited 10×
  The Fourteenth Amendment's due process clause does not require states to prosecute capital crimes by indictment; state information procedures are permissible.
• United States ex rel. H. Rap Brown v. Honorable Raymond Fogel
  395 F.2d 291· 4th Cir.· 1968-04-11 ·cited 10×
  The court held that the relator violated the conditions of his release, justifying revocation of bail and forfeiture of his bond, and that his claims regarding danger in Maryland did not warrant habeas corpus relief to defeat extradition.
• Roach v. Mauldin
  391 F.2d 907· 5th Cir.· 1968-03-18 ·cited 10×
  The court affirmed the denial of a writ of habeas corpus, agreeing that the jury selection process in Whitfield County did not violate constitutional rights.
• Hamilton v. State
  390 F.2d 872· 5th Cir.· 1968-03-15 ·cited 10×
  A voluntary and understanding guilty plea is conclusive and waives all non-jurisdictional defects in prior proceedings.
• Wynn v. Page
  390 F.2d 545· 10th Cir.· 1968-03-08 ·cited 10×
  The court held that the trial court correctly denied the application to enforce its prior order because the prisoner had been released and was awaiting re-trial, and the prior order did not preclude re-trial.
• Carpenter v. Crouse
  389 F.2d 53· 10th Cir.· 1968-01-10 ·cited 10×
  The court held that the petitioner had not exhausted his available state court remedies and that the trial judge's findings of fact were supported by the evidence.
• United States ex rel. Edgar H. Smith v. Yeager
  395 F.2d 245· 3d Cir.· 1968-01-02 ·cited 10×
• Smith Thomas Walker v. Beto
  387 F.2d 626· 5th Cir.· 1967-12-27 ·cited 10×
  The court held that most of the petitioner's claims were properly denied, but the claim regarding denial of effective counsel required further proceedings.
• Coleman v. Maxwell
  387 F.2d 134· 6th Cir.· 1967-12-21 ·cited 10×
  The court held that the petitioner had no standing to object to the evidence seized from the storefront because he had abandoned the premises and forfeited his lease.
• Williams v. Beto
  386 F.2d 16· 5th Cir.· 1967-12-01 ·cited 10×
  The court held that a state's post-conviction hearing on the voluntariness of a confession, conducted in compliance with federal due process standards, is sufficient even if not explicitly authorized by state law at the time of the original trial.
• Atkins v. State OF Kan.
  386 F.2d 819· 10th Cir.· 1967-12-01 ·cited 10×
  A voluntary guilty plea waives all non-jurisdictional defenses, and a sentence imposed is the result of that plea, not prior evidence.
• Atlee White v. McHAN
  386 F.2d 817· 5th Cir.· 1967-11-28 ·cited 10×
• Fulwood v. Stone
  394 F.2d 939· D.C. Cir.· 1967-11-28 ·cited 10×
  The court held that while the Juvenile Court Act provides an adequate substitute for bail, the juvenile court must conduct a proper inquiry into the statutory criteria for pretrial detention to ensure the child's welfare and the public's safety.
• Captain Howard Brett Levy v. Honorable Howard F. Corcoran
  389 F.2d 929· D.C. Cir.· 1967-06-07 ·cited 10×
  The court denied the petition for a writ of mandamus and application for a stay, finding that the petitioner had an adequate remedy at law and that the court lacked jurisdiction to grant injunctive relief against military proceedings.
• Wade v. Peyton
  378 F.2d 50· 4th Cir.· 1967-05-29 ·cited 10×
  The grant of a writ of habeas corpus was improper because the petitioner had not exhausted available state remedies.
• Shiplett v. Louie L. Wainwright
  198 So. 2d 647· Fla. 1st DCA· 1967-05-09 ·cited 10×
  A parolee on his second parole challenged the revocation of his parole, claiming he was denied constitutional rights by being denied court-appointed counsel at the parole revocation hearing. The First District Court of Appeal held that the applicable statute is permissive, not ma
• Maldonado v. Eyman
  377 F.2d 526· 9th Cir.· 1967-04-21 ·cited 10×
  The court held that the district court erred in denying habeas corpus relief without a hearing on the voluntariness of the confession, as the record did not establish a deliberate bypass of state procedures.
• United States ex rel. John L. Collins v. Maroney
  382 F.2d 547· 3d Cir.· 1967-03-23 ·cited 10×
  The court held that the record must be enlarged and the petitioner must be accorded a hearing to determine the voluntariness of his guilty plea and confession.
• Huey R. LEE v. State OF Ala.
  373 F.2d 82· 5th Cir.· 1967-02-13 ·cited 10×
  The court denied the motion for rehearing, holding that a prior state sanity hearing met the requirements of Townsend v. Sain, and no further federal hearing was required.
• United States ex rel. Howard Charles Lipsitz v. Major General Gines Perez
  372 F.2d 468· 4th Cir.· 1967-01-27 ·cited 10×
  Procedural irregularities in Selective Service administration that do not result in prejudice to the registrant will not support a claim for relief.
• Kirkland v. Preston
  385 F.2d 670· D.C. Cir.· 1967-01-19 ·cited 10×
  The court held that an affidavit supporting extradition under 18 U.S.C. § 3182 must set forth facts sufficient to establish probable cause under Fourth Amendment standards.
• United States ex rel. Jacob Molinas v. Vincent R. Mancusi (successor to Albert J. Meyer)
  370 F.2d 601· 2d Cir.· 1967-01-05 ·cited 10×
  The court held that the Fourth Amendment claim was not properly presented for review, and the Fifth, Sixth, and Fourteenth Amendment claims lacked merit.
• Jewell C. Beasley v. Wilson
  370 F.2d 320· 9th Cir.· 1966-12-22 ·cited 10×
  The court held that the district court's finding that the appellant knowingly and intelligently waived his right to counsel was supported by the evidence.
• Saxton v. Patterson
  370 F.2d 112· 10th Cir.· 1966-12-16 ·cited 10×
  The court held that the appellant had not exhausted his available state remedies.
• Hackathorn v. J. E. (Bill) Decker
  369 F.2d 150· 5th Cir.· 1966-11-23 ·cited 10×
  The court held that the appellant's constitutional rights were not violated by the procedures used in his trial regarding the admissibility and voluntariness of his confessions, nor by the denial of his habeas corpus petition.
• Mann v. Louie L. Wainwright
  191 So. 2d 867· Fla. 1st DCA· 1966-11-15 ·cited 10×
  Mann sought habeas corpus relief attacking a consecutive sentence imposed by Alachua County while still serving a Broward County sentence. The court held that habeas corpus cannot be used to challenge a future consecutive sentence when the petitioner remains lawfully detained und
• Lon O. Owsley v. Peyton
  368 F.2d 1002· 4th Cir.· 1966-11-15 ·cited 10×
  The court held that the state criminal court's failure to grant a preliminary inquiry into the defendant's mental competency, despite evidence suggesting doubt, violated due process and rendered the convictions void.
• Grove v. Wilson
  368 F.2d 414· 9th Cir.· 1966-11-07 ·cited 10×
  The court held that the petition did not allege facts sufficient to show a violation of federal constitutional rights, thus denying habeas corpus relief.
• United States ex rel. Anthony Bruno v. Ross E. Herold, M.D.
  368 F.2d 187· 2d Cir.· 1966-10-26 ·cited 10×
  The court held that the district court erred in denying the motion to vacate its prior order, as the courtroom clearing was a valid exercise of judicial discretion to maintain order and fairness.
• Martinez v. Patterson
  371 F.2d 815· 10th Cir.· 1966-10-25 ·cited 10×
  A conviction is not invalid under the Due Process Clause if it rests upon any evidence at all, and a failure to instruct on circumstantial evidence is not a ground for habeas corpus relief.
• McGARRITY v. Wilson
  368 F.2d 677· 9th Cir.· 1966-10-21 ·cited 10×
  The court held that the district court erred in denying the motion to proceed in forma pauperis, as the applicant raised potentially non-frivolous claims regarding constitutional violations.
• Hall v. Page
  367 F.2d 352· 10th Cir.· 1966-10-18 ·cited 10×
  Federal courts must conduct an independent investigation and grant an evidentiary hearing when a habeas applicant alleges a coerced guilty plea, even if a state court previously denied relief without such a hearing.
• COX v. Maxwell
  366 F.2d 765· 6th Cir.· 1966-10-07 ·cited 10×
  The petitioner's sentence has not expired because time spent on parole and unavailable to authorities due to other convictions does not count towards the sentence served.
• United States ex rel. Domingo Colon v. Hon. Harold W. Follette (Successor to Hon. Edward M. Fay)
  366 F.2d 775· 2d Cir.· 1966-09-29 ·cited 10×
  The court held that the alleged wrongful conduct complained of by the appellant falls short of raising a constitutional question.
• Leighton v. COX
  365 F.2d 122· 10th Cir.· 1966-08-12 ·cited 10×
  The court held that the petitioner's confession was knowingly and voluntarily made, and therefore, his habeas corpus petition was denied.
• Jord O. Hale v. Wilson
  364 F.2d 906· 9th Cir.· 1966-08-10 ·cited 10×
  The court held that while the Escobedo rule applies prospectively, new claims of coerced confession and inadequate counsel are not foreclosed by a guilty plea.
• Wilmer W. Evans v. Eyman
  363 F.2d 540· 9th Cir.· 1966-07-13 ·cited 10×
  A federal court must grant an evidentiary hearing in a habeas corpus proceeding when a factual dispute is presented and the merits of that dispute were not resolved in a state hearing.
• Felton M. Hilliard v. State OF Ariz.
  362 F.2d 908· 9th Cir.· 1966-06-24 ·cited 10×
  The court held that the trial judge's refusal to poll the jury after prejudicial newspaper articles were published did not violate the defendant's constitutional right to a fair and impartial jury.
• Whitaker v. Warden, Maryland Penitentiary
  362 F.2d 838· 4th Cir.· 1966-06-20 ·cited 10×
  The court held that the attorney's representation was likely influenced by conflicting interests, potentially depriving the defendant of effective assistance of counsel.
• Ratley v. Crouse
  365 F.2d 320· 10th Cir.· 1966-06-07 ·cited 10×
  A federal court lacks jurisdiction to entertain a state prisoner's habeas corpus petition if the issue presented is solely one of state statutory interpretation and does not raise a federal question.
• Grady Asbon COX v. Burke
  361 F.2d 183· 7th Cir.· 1966-05-25 ·cited 10×
  The court held that the failure to inform the defendant of the maximum sentence did not render his waiver of counsel incompetent or unintelligent, given the totality of the circumstances. The district court did not abuse its discretion in determining the state court record was su
• Burns v. State OF Ala.
  360 F.2d 608· 5th Cir.· 1966-05-12 ·cited 10×
  The court held that the district court erred in denying habeas corpus relief without a full hearing, as the appellant had not deliberately bypassed available state remedies and the issue of counsel effectiveness required further factual development.
• United States ex rel. James Irwin v. Pate
  357 F.2d 911· 7th Cir.· 1966-03-03 ·cited 10×
  The court held that the district court did not err in dismissing the petition for a writ of habeas corpus, affirming the judgment of dismissal.
• United States ex rel. Frank C. Smith v. Reincke
  354 F.2d 418· 2d Cir.· 1965-12-16 ·cited 10×
  The court held that the petitioner was not denied due process, as any prejudice from the prosecution's questioning of a witness was cured by jury instructions or the petitioner's opportunity to cross-examine.