Habeas Corpus

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

• Randel v. Beto
  354 F.2d 496· 5th Cir.· 1965-12-10 ·cited 10×
  The district court erred in denying the petition for habeas corpus without a hearing, as significant constitutional questions regarding the substitution of judges and the right to a jury trial were presented.
• Dupes v. Wilburn C. Johnson
  353 F.2d 103· 6th Cir.· 1965-12-03 ·cited 10×
  The court affirmed the district court's grant of habeas corpus, finding that the admission of a coerced confession violated due process and that the state's argument of waiver was unsupported.
• Wells v. The People OF the State OF Cal.
  352 F.2d 439· 9th Cir.· 1965-11-01 ·cited 10×
  A federal court may not grant habeas corpus relief if a favorable decision on the challenged conviction would not result in the prisoner's immediate release from custody.
• Lawton v. Dacey
  352 F.2d 61· 1st Cir.· 1965-10-29 ·cited 10×
  The court held that an officer's arrest is valid if based on probable cause, even if the officer mistakenly relied on an unconstitutional statute, provided the state's justification was presented from the outset.
• Vess v. Peyton
  352 F.2d 325· 4th Cir.· 1965-10-28 ·cited 10×
  The court affirmed the dismissal of the habeas corpus petition, finding no denial of constitutional rights.
• United States ex rel. Jerry Mason v. Murphy
  351 F.2d 610· 2d Cir.· 1965-10-14 ·cited 10×
  The court held that there was probable cause for the arrest, and thus no evidentiary hearing is required.
• Tirko v. Louie L. Wainwright
  178 So. 2d 697· Fla.· 1965-10-06 ·cited 10×
  A sentence for escape must run consecutively to any other sentence, and a sentence inconsistent with this statutory requirement must be set aside.
• Williams v. COX
  350 F.2d 847· 10th Cir.· 1965-09-13 ·cited 10×
  The court held that the appellant received effective assistance of counsel, despite a brief consultation, because counsel was familiar with the appellant and his rights were adequately explained.
• Welton Hamrick v. Peyton
  349 F.2d 370· 4th Cir.· 1965-07-22 ·cited 10×
  The court held that a Virginia statute precluding credit for time spent on parole against reinstated sentences for parole violations does not violate the Double Jeopardy Clause.
• Logan Peter Rollins v. Haskins
  348 F.2d 454· 6th Cir.· 1965-07-01 ·cited 10×
  Federal courts lack jurisdiction to hear a habeas corpus petition if the petitioner has not exhausted available state remedies, including the possibility of a delayed appeal.
• Smith v. State
  176 So. 2d 383· Fla. 3d DCA· 1965-06-22 ·cited 10×
  Willie Thomas Smith was convicted of breaking and entering and grand larceny after a bench trial. He filed a petition to vacate claiming deprivation of a fair trial but alleged only legal conclusions without factual support. The appellate court affirmed the trial court's summary
• Dallas v. Louie L. Wainwright
  175 So. 2d 785· Fla.· 1965-06-02 ·cited 10×
  The Florida Supreme Court granted a writ of habeas corpus, finding that the sentence imposed on the petitioner was illegal because it exceeded the statutory maximum. The court remanded the case for resentencing.
• United States ex rel. LAM HAI Cheung v. Esperdy
  345 F.2d 989· 2d Cir.· 1965-05-27 ·cited 10×
  A temporary parolee whose parole has expired is not entitled to a hearing prior to expulsion from the country.
• Dabney v. Sigler
  345 F.2d 710· 8th Cir.· 1965-05-19 ·cited 10×
  The court held that federal courts should apply the exhaustion of state remedies doctrine when a new state post-conviction relief statute becomes available, remanding the case for dismissal without prejudice.
• Davis v. Bomar
  344 F.2d 84· 6th Cir.· 1965-04-20 ·cited 10×
  A defendant's retained counsel's alleged incompetence or errors do not constitute a denial of constitutional rights chargeable to the state, absent a showing that the proceedings were a farce or mockery of justice.
• Starnes v. Markley
  343 F.2d 535· 7th Cir.· 1965-03-31 ·cited 10×
  The court held that the petitioner received a fair hearing and that his parole revocation complied with the rules in effect at the time, affirming the denial of his habeas corpus petition.
• Magee v. Peyton
  343 F.2d 433· 4th Cir.· 1965-03-11 ·cited 10×
  The court held that the petitioner's letters, despite not explicitly mentioning an appeal, sufficiently asserted his indigency and right to appointed counsel for appellate review, and the state court's dismissal of his habeas petition was erroneous.
• Puckett v. State OF N.C.
  343 F.2d 452· 4th Cir.· 1965-03-05 ·cited 10×
  The court held that a convicted indigent defendant denied the right to an appeal with appointed counsel and a transcript is entitled to relief.
• Goodspeed v. Beto
  341 F.2d 908· 5th Cir.· 1965-02-04 ·cited 10×
  The court held that any illegality in extradition proceedings does not invalidate a subsequent conviction, and that the trial judge was not disqualified.
• James v. Otto C. Boles
  339 F.2d 431· 4th Cir.· 1964-11-20 ·cited 10×
  The court affirmed the district court's dismissal of the habeas corpus petition, finding the petitioner was competent to stand trial and received effective assistance of counsel.
• Johnette Moncrief v. Anderson
  342 F.2d 902· D.C. Cir.· 1964-11-10 ·cited 10×
  The court held that the habeas corpus petition should be reconsidered in light of evidence presented at the subsequent extradition hearing, as the initial dismissal was premature.
• Young v. United States
  337 F.2d 753· 5th Cir.· 1964-10-05 ·cited 10×
  The court, in dissent, holds that leave to appeal in forma pauperis should be granted, as the movant is considered in federal custody for the purpose of testing the legality of his sentence.
• Keller v. Tinsley
  335 F.2d 144· 10th Cir.· 1964-08-06 ·cited 10×
  The court affirmed the denial of the writ of habeas corpus, finding no constitutional violation regarding speedy trial, assistance of counsel, or counsel on appeal.
• Headley v. State ex rel. Alexander Bethune
  166 So. 2d 479· Fla. 3d DCA· 1964-07-21 ·cited 10×
  The court held that a state statute allowing arrest warrants based on citizen affidavits is compatible with the City of Miami Charter, and thus an arrest based on such an affidavit is valid.
• Hampton v. Buchkoe
  334 F.2d 6· 6th Cir.· 1964-07-10 ·cited 10×
  The court held that a federal court may deny habeas corpus relief to an applicant who has deliberately bypassed state court procedures.
• United States ex rel. Burton Weinstein v. FAY
  333 F.2d 815· 2d Cir.· 1964-07-02 ·cited 10×
  The court held that a confession obtained after 36 hours of detention, coupled with a sham vagrancy charge and the defendant's deteriorating medical condition, was involuntary and violated constitutional rights.
• Washington v. Clemmer
  339 F.2d 725· D.C. Cir.· 1964-06-12 ·cited 10×
  The court held that denying the accused's request to subpoena the prosecutrix was error, as it violated the requirement for granting reasonable subpoena requests at a preliminary hearing.
• Neering v. State
  164 So. 2d 29· Fla. 1st DCA· 1964-05-14 ·cited 10×
  Neering appealed from a contempt re-sentencing judgment entered by the trial court following this court's earlier reversal and remand. The court reversed the re-sentencing because it was imposed without the defendant's presence in court, violating Florida statutory requirements t
• Zimmer v. Langlois
  331 F.2d 424· 1st Cir.· 1964-05-07 ·cited 10×
  The court held that the prisoner's motion for a certificate of probable cause was untimely and lacked merit.
• Tompa v. Commonwealth OF Va. ex rel. W. K. Cunningham, Jr.
  331 F.2d 552· 4th Cir.· 1964-03-31 ·cited 10×
  The dissenting judge holds that the pro se petition adequately raised the issue of incompetent counsel and that the petitioner was entitled to a federal hearing.
• State of Fla. ex rel. Leno Joseph Risatti v. Eaton
  161 So. 2d 549· Fla. 2d DCA· 1964-03-11 ·cited 10×
  Risatti, committed to a state hospital after acquittal by reason of insanity on a murder charge, petitioned for habeas corpus alleging illegal detention. The Florida appellate court denied the petition, finding the trial court's commitment order was legal and based on substantial
• Hamilton v. Commanding Officer
  328 F.2d 799· 9th Cir.· 1964-02-28 ·cited 10×
  The court held that the Selective Service Board did not err in denying Hamilton's request to reopen his classification, as the submitted evidence did not demonstrate a change in circumstances after his last classification.
• Burke v. State
  160 So. 2d 523· Fla. 1st DCA· 1964-02-06 ·cited 10×
  Burke sought appellate review of a trial court's denial of his motion to vacate his criminal sentence, but filed his notice of appeal 108 days after the order—18 days beyond the 90-day deadline. The Florida Supreme Court's recent decision in State ex rel. Ervin v. Smith held that
• Downey v. Taylor
  327 F.2d 660· 10th Cir.· 1964-02-04 ·cited 10×
  The court held that consecutive sentences may be aggregated for the purpose of computing good time allowances and that the lower court's factual finding regarding the remaining sentence is binding.
• Jackson v. Dickson
  325 F.2d 573· 9th Cir.· 1963-12-30 ·cited 10×
  The imposition of the death penalty for a murder conviction is not cruel and unusual punishment, nor a violation of due process, even if the act was the result of an uncontrollable impulse, provided the defendant was legally sane under the M'Naghten Rule.
• O'Neal v. Deanie J. O'Neal
  158 So. 2d 586· Fla. 3d DCA· 1963-12-20 ·cited 10×
  A father filed habeas corpus seeking custody of minor children based on a California decree, but the Florida trial court awarded custody to the mother, finding changed circumstances and that the mother's care better served the children's interests. The appellate court affirmed, h
• Pate v. Page
  325 F.2d 567· 10th Cir.· 1963-12-18 ·cited 10×
  The court held that the petitioner's confession was voluntary and admissible, affirming the denial of his federal habeas corpus petition.
• Allison v. Holman
  326 F.2d 294· 5th Cir.· 1963-12-18 ·cited 10×
  The court held that the district court did not err in denying a habeas corpus hearing because the state court proceedings provided a full, fair, and adequate record.
• United States v. Figueroa
  325 F.2d 418· 2d Cir.· 1963-12-18 ·cited 10×
  The court held that a prisoner released under a mandatory release certificate, even for narcotics offenses, remains subject to parole conditions and can be returned to custody for violations.
• Waldon v. The State OF Iowa
  323 F.2d 852· 8th Cir.· 1963-10-24 ·cited 10×
  A state prisoner cannot use a federal declaratory judgment action to challenge the validity of his conviction; habeas corpus is the exclusive federal remedy.
• Cleveland Roy Williams v. United States
  323 F.2d 672· 10th Cir.· 1963-10-10 ·cited 10×
  Habeas corpus is not an additional or alternative remedy to a motion under 28 U.S.C. § 2255 when the latter is adequate and effective.
• Turner v. Fay Ward, Jr.
  321 F.2d 918· 10th Cir.· 1963-08-29 ·cited 10×
  The court held that the trial court did not err in granting a writ of habeas corpus based on findings that the state prosecuting attorney knowingly used false testimony and suppressed material evidence, violating due process.
• Bohm v. State OF Alaska
  320 F.2d 851· 9th Cir.· 1963-07-16 ·cited 10×
  The court held that the habeas corpus application must be dismissed because the State of Alaska was improperly named as the respondent instead of the warden of the penitentiary where the petitioner was held.
• Application of James Brown v. Rayfield
  320 F.2d 96· 5th Cir.· 1963-07-01 ·cited 10×
  The court held that the appellants failed to demonstrate circumstances rendering state remedies ineffective, thus they must exhaust state remedies before federal habeas corpus relief can be granted.
• Saulsbury v. Lamoyne Green
  318 F.2d 320· 6th Cir.· 1963-06-18 ·cited 10×
  The court held that a federal court properly dismissed a habeas corpus petition when the petitioner had not exhausted available state remedies, even if prior state remedies were not pursued.
• United States ex rel. Leodis Smart v. Pate
  318 F.2d 559· 7th Cir.· 1963-06-13 ·cited 10×
  The Fourteenth Amendment does not require the impossible; a state is not obligated to provide a transcript when it is genuinely unavailable through no fault of the state.
• Nolan v. Elbert V. Nash
  316 F.2d 776· 8th Cir.· 1963-05-08 ·cited 10×
  The court held that the District Court properly denied the application for a writ of habeas corpus without a hearing, as the issues raised were previously decided and the record supported those determinations.
• Wilson v. State OF Neb.
  316 F.2d 84· 8th Cir.· 1963-04-24 ·cited 10×
  The court held that the issues raised by the petitioner, including sufficiency of evidence and evidentiary rulings, are not cognizable in a habeas corpus proceeding and must be raised on direct appeal.
• United States ex rel. Henry Brewer v. Maroney
  315 F.2d 687· 3d Cir.· 1963-04-08 ·cited 10×
  A federal parolee can be taken into state custody for violating a state parole order, even if that order predates the federal conviction.
• Walker v. Peppersack
  316 F.2d 119· 4th Cir.· 1963-03-27 ·cited 10×
  The Fourth Amendment, as applied to the states through the Fourteenth Amendment via Mapp v. Ohio, prohibits the use of evidence obtained through an illegal search and seizure, even if state law at the time of conviction would have permitted it.