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. Ronald J. Sadness v. Wilkins
  312 F.2d 559· 2d Cir.· 1963-01-29 ·cited 10×
  The court held that the facts found by the district court did not establish as a matter of law that assigned counsel's representation was incompetent, despite counsel's failure to advise the defendant of the mandatory sentence consequences for a second felony offender.
• United States ex rel. Monroe Robinson v. Pate
  312 F.2d 161· 7th Cir.· 1963-01-23 ·cited 10×
  The court held that the petitioner's claims of perjured testimony and ineffective assistance of counsel lacked merit, and the District Court properly denied the petition for a writ of habeas corpus.
• Henslee v. Stewart
  311 F.2d 691· 8th Cir.· 1963-01-11 ·cited 10×
  The court held that the jury selection process violated the Equal Protection Clause of the Fourteenth Amendment due to systematic limitation of Negro jurors.
• Battista v. Kenton
  312 F.2d 167· 2d Cir.· 1963-01-10 ·cited 10×
  A prisoner transferred to federal custody under 18 U.S.C. § 5003 is still considered a state prisoner for habeas corpus purposes and must exhaust state remedies before seeking federal relief. The application for a certificate of probable cause is denied.
• McGEE v. Eyman
  310 F.2d 230· 9th Cir.· 1962-11-16 ·cited 10×
  The court held that it lacked jurisdiction to grant a stay of execution or a certificate of probable cause because the petitioner failed to raise a federal constitutional issue in the state courts or in his federal habeas petition.
• Birchie Collins v. Louie L. Wainwright
  146 So. 2d 97· Fla.· 1962-10-31 ·cited 10×
  The Florida Supreme Court discharged a petitioner from confinement after finding he was illegally tried at 18 years old without proper notice to his parents. The court remanded him for further proceedings.
• Marchese v. United States
  304 F.2d 154· 9th Cir.· 1962-05-31 ·cited 10×
  The court held that a habeas corpus petition is barred if the petitioner previously filed a motion under 28 U.S.C. § 2255 and did not appeal its denial, and that subsequent legal developments do not typically justify a second motion or habeas corpus relief.
• Maxwell Allen Dora v. Cochran
  138 So. 2d 508· Fla.· 1962-03-07 ·cited 10×
  The Florida Supreme Court reviewed a habeas corpus petition challenging a conviction of a minor for armed robbery where notice to his parents was not provided as required by statute. The court held that military enlistment does not emancipate a minor from statutory protections re
• Miller v. Pate
  300 F.2d 414· 7th Cir.· 1962-02-15 ·cited 10×
  The concurring judge agrees with the majority's result but disagrees with the reasoning that the brutality of a murder proves immunity to coercion.
• Thompson v. Bannan
  298 F.2d 611· 6th Cir.· 1962-02-01 ·cited 10×
  A court's power to try a person for a crime is not impaired by the fact that the person was brought within the court's jurisdiction by reason of forcible abduction or faulty extradition proceedings.
• Johnson v. Ellis
  296 F.2d 325· 5th Cir.· 1961-12-08 ·cited 10×
  The appellate court affirmed the district court's denial of the habeas corpus petition, finding no violation of the petitioner's constitutional rights.
• United States ex rel. John J. Carroll v. McNEILL
  294 F.2d 117· 2d Cir.· 1961-07-26 ·cited 10×
  New York Correction Law § 412 is unconstitutional as applied to individuals previously convicted of a crime and subsequently civilly committed to a state mental hospital, because it denies them a judicial hearing before transfer to Matteawan State Hospital, violating the Equal Pr
• Craig v. Cochran
  132 So. 2d 196· Fla.· 1961-07-19 ·cited 10×
  The court held that actual notice of charges to parents of a minor is sufficient under the statute, and notice of arraignment or sentencing dates is not required.
• Player v. Steiner
  292 F.2d 1· 4th Cir.· 1961-06-06 ·cited 10×
  The court held that a prisoner's allegations regarding the sufficiency of evidence for one element of a state crime do not raise a substantial constitutional question sufficient for federal habeas corpus review.
• Hart v. Ohio Bureau OF Prob. & Parole
  290 F.2d 550· 6th Cir.· 1961-05-29 ·cited 10×
  The court held that the district court erred in treating the petition as a motion to vacate sentence, but affirmed the dismissal on other grounds.
• Miller v. Taylor
  290 F.2d 8· 10th Cir.· 1961-05-04 ·cited 10×
  The court held that a prisoner's conditional release, even if based on an erroneous calculation of good time, is subject to revocation.
• DI Marco v. Cochran
  127 So. 2d 674· Fla.· 1961-03-08 ·cited 10×
  The court held that the notice provided to the petitioner's mother was insufficient under Section 932.38, Florida Statutes, to satisfy due process requirements for transferring a juvenile to adult criminal court.
• Haywood Curry v. Winfred Overholser
  287 F.2d 137· D.C. Cir.· 1960-11-23 ·cited 10×
  The court held that the appellant was validly committed under D.C. Code § 24-301 and received due process, thus affirming the denial of his habeas corpus petition.
• Johnson v. State OF Kan. & Tracy A. Hand
  284 F.2d 344· 10th Cir.· 1960-10-29 ·cited 10×
  The court held that the petitioner received adequate notice and a hearing regarding his sentencing as an habitual criminal, satisfying due process requirements.
• Taylor v. Orie Floyd Baker
  284 F.2d 43· 10th Cir.· 1960-10-19 ·cited 10×
  Federal sentences commence when the prisoner is actually delivered to federal authorities for service, not upon completion of prior state sentences, regardless of language in the sentence.
• Ottis Mayo Jones v. Attorney General OF THE United States
  278 F.2d 699· 8th Cir.· 1960-05-31 ·cited 10×
  The court held that the appeal was frivolous and denied the motion to proceed in forma pauperis.
• McDANIEL v. Shea
  278 F.2d 460· D.C. Cir.· 1960-04-29 ·cited 10×
  The court held that the denial of counsel to the minor in the 1959 juvenile court proceedings vitiated those proceedings, and the District Court erred in dismissing the habeas corpus petition.
• Moore v. Henslee
  276 F.2d 876· 8th Cir.· 1960-03-29 ·cited 10×
  The court held that the appellants' constitutional rights were not violated by their prosecution by information, the jury selection process, or the admission of their confessions, and affirmed the denial of their habeas corpus petitions.
• Morrison v. Smyth
  273 F.2d 544· 4th Cir.· 1960-01-04 ·cited 10×
  The court held that the petitioner must exhaust state remedies regarding the denial of counsel claim before seeking federal habeas corpus relief.
• Spires v. Dowd
  271 F.2d 659· 7th Cir.· 1959-11-12 ·cited 10×
  The court held that the petitioner is entitled to have the district court act upon the allegations in his habeas corpus petition, or hold a hearing to determine the facts, and that the warden is not justified in preventing the petitioner from mailing legal documents to the state
• Fournier v. Balbino Gonzalez
  269 F.2d 26· 1st Cir.· 1959-07-29 ·cited 10×
  The court held that the Puerto Rican Constitution and statutes permitting majority jury verdicts do not violate federal constitutional rights, including due process.
• Ward v. State OF Cal.
  269 F.2d 906· 9th Cir.· 1959-06-25 ·cited 10×
  The court held that the application for a certificate of probable cause should be denied as there was no basis to find an ex post facto law or denial of due process.
• Williams v. Pierce Cnty. Bd. OF Comm'rs
  267 F.2d 866· 9th Cir.· 1959-05-22 ·cited 10×
  The court held that the denial of leave to proceed in forma pauperis was proper because the plaintiff failed to file a valid affidavit as required by statute.
• United States ex rel. Robert R. Hyde v. McMANN
  263 F.2d 940· 2d Cir.· 1959-02-19 ·cited 10×
  The court held that the petitioner's pre-trial detention and the trial court's refusal to grant further continuances did not so unduly curtail his ability to prepare his defense as to violate due process.
• Fernandez v. Hartman
  260 F.2d 569· 9th Cir.· 1958-07-17 ·cited 10×
• Vincenzo Anselmo v. Hardin
  253 F.2d 165· 3d Cir.· 1958-02-25 ·cited 10×
  A prior judgment granting a writ of habeas corpus in a deportation proceeding is res judicata as to the issues of fact and law necessarily involved in that result, preventing relitigation of those issues in subsequent deportation proceedings.
• Irvin v. Dowd
  251 F.2d 548· 7th Cir.· 1958-01-29 ·cited 10×
  The court affirmed the denial of the habeas corpus petition, finding that the petitioner had not exhausted state remedies and that the Indiana Supreme Court's decision was not subject to review in this federal proceeding.
• McINTOSH v. Chesley H. Looney
  249 F.2d 62· 10th Cir.· 1957-10-05 ·cited 10×
  A federal sentence does not begin to run until the prisoner is received at a federal penal institution, even if state custody continues.
• Cruz-Sanchez v. Robinson
  249 F.2d 771· 9th Cir.· 1957-06-15 ·cited 10×
• Arnd't v. Prose
  94 So. 2d 818· Fla.· 1957-04-10 ·cited 10×
  The Florida Supreme Court reversed a trial court's decision automatically awarding custody of a twelve-year-old illegitimate child to his natural mother in a habeas corpus proceeding. The Court held that the child's welfare, not merely the biological parent's legal right to custo
• Tommaso Argento v. Horn
  241 F.2d 258· 6th Cir.· 1957-02-12 ·cited 10×
  The court held that the extradition treaty between the United States and Italy was suspended, not abrogated, by the war and was revived upon its conclusion, and that the evidence presented was properly admitted.
• McKinley Freeman v. Blackburn
  92 So. 2d 262· Fla.· 1957-01-23 ·cited 10×
  McKinley Freeman, an Alabama murder convict who escaped prison and was apprehended in Florida, sought habeas corpus relief to challenge his extradition to Alabama. The Florida Supreme Court affirmed the lower court's quashing of the writ and upheld the validity of the extradition
• Lister v. McLEOD
  240 F.2d 16· 10th Cir.· 1957-01-15 ·cited 10×
  The court held that the evidence presented was insufficient to prove the prosecution knowingly used perjured testimony or that the petitioner lacked adequate counsel.
• Simpson v. Harley O. Teets
  239 F.2d 890· 9th Cir.· 1956-11-07 ·cited 10×
  The court held that the denial of a habeas corpus petition without opinion does not mean the petition was not considered.
• Lewis v. State
  93 So. 2d 46· Fla.· 1956-05-23 ·cited 10×
  The court held that a petition for writ of error coram nobis was untimely and that the issues raised were either res judicata or waived. The conviction was affirmed.
• United States ex rel. Lawrence ST. John v. Cummings
  233 F.2d 187· 2d Cir.· 1956-05-07 ·cited 10×
  The court held that the appeal must be dismissed as moot because the petitioner has been released on parole.
• United States ex rel. Harry Gordon Geach v. Ragen
  231 F.2d 455· 7th Cir.· 1956-04-04 ·cited 10×
  The court held that it lacked jurisdiction to hear the appeal because the petitioner failed to obtain a certificate of probable cause within the statutory appeal period.
• United States ex rel. Fong FOO v. Shaughnessy
  234 F.2d 715· 2d Cir.· 1955-07-11 ·cited 10×
  A stay of deportation pending appeal should be granted if there is a substantial legal question, and administrative findings contrary to judicially noticed facts are arbitrary.
• United States v. Holton
  222 F.2d 840· 7th Cir.· 1955-06-01 ·cited 10×
  The court held that the Board of Immigration Appeals erred in reversing the Special Inquiry Officer's finding, as the deportation order was not based on reasonable, substantial, and probative evidence.
• Neigut v. Kearney
  221 F.2d 803· 5th Cir.· 1955-04-27 ·cited 10×
  The court held that a federal court lacks authority to entertain a habeas corpus petition if the petitioner could have sought relief under 28 U.S.C. § 2255 in the sentencing court and that remedy is not inadequate or ineffective.
• Caryl Chessman v. Harley O. Teets
  221 F.2d 276· 9th Cir.· 1955-04-07 ·cited 10×
  The court held that the appellant was not denied due process and waived his right to counsel.
• Osborne v. Looney
  221 F.2d 254· 10th Cir.· 1955-03-30 ·cited 10×
  The court held that the petitioner's habeas corpus petition was properly dismissed because he waived indictment and consented to the transfer of his case under Rule 20, and the remedy under 28 U.S.C.A. § 2255 was not shown to be inadequate.
• Art Lewis v. Lewis
  78 So. 2d 711· Fla.· 1955-02-04 ·cited 10×
  Art Lewis appealed a contempt conviction and incarceration order from the Circuit Court of Dade County. The Florida Supreme Court had previously granted habeas corpus relief and discharged Lewis in a related proceeding, leading this Court to dismiss the current appeal as moot and
• United States ex rel. Silvio de Vita v. McCORKLE
  216 F.2d 743· 3d Cir.· 1954-11-19 ·cited 10×
  The court held that a district judge must examine the full state court record, not just the opinion, when considering a habeas corpus petition, especially when the state court's consideration of the issues is questioned.
• Jackson v. Mayo
  73 So. 2d 881· Fla.· 1954-07-20 ·cited 10×
  Jackson, a paroled convict, challenged his parole revocation on habeas corpus grounds, alleging the Parole Commission violated statutory procedures by considering evidence not introduced at his revocation hearing. The Florida Supreme Court held that the Commission violated the st