Habeas Corpus

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

• Pedreiro v. Shaughnessy
  213 F.2d 768· 2d Cir.· 1954-07-01 ·cited 10×
  The court held that the District Director of Immigration and Naturalization is a proper party in an action for declaratory and injunctive relief under the APA, and that the Attorney General or Commissioner are not indispensable parties.
• Batista v. Nicolls
  213 F.2d 20· 1st Cir.· 1954-05-19 ·cited 10×
  The court held that the district court lacked jurisdiction to review the deportation order via a petition for declaratory and injunctive relief.
• United States ex rel. Gawron v. Ragen
  211 F.2d 902· 7th Cir.· 1954-04-15 ·cited 10×
  A federal court may decline to award a writ of habeas corpus to a state prisoner if the legality of detention has been determined by the highest state court.
• United States ex rel. Belfrage v. Shaughnessy
  212 F.2d 128· 2d Cir.· 1954-04-09 ·cited 10×
  The court held that the administrative denial of bail was arbitrary and unreasonable, lacking a rational basis.
• Berrebi v. Crossman
  208 F.2d 498· 5th Cir.· 1953-12-22 ·cited 10×
  An alien lawfully admitted to the United States is not subject to deportation for past membership in a foreign Communist party if that membership did not bar lawful admission.
• State ex rel. Goepel v. Kelly
  68 So. 2d 351· Fla.· 1953-11-20 ·cited 10×
  The Florida Supreme Court reversed a circuit court's denial of habeas corpus relief and bail consideration for a defendant charged with first-degree murder. The circuit judge erred by refusing to consider evidence of intoxication and provocation, which are essential elements rele
• Werntz v. Looney
  208 F.2d 102· 10th Cir.· 1953-10-29 ·cited 10×
  A federal sentence ordered to run concurrently with a state sentence does not expire automatically when the state sentence is served, especially when the prisoner is transferred to federal custody to serve the remainder of the federal term.
• Collins v. United States
  206 F.2d 918· 8th Cir.· 1953-09-08 ·cited 10×
  A prior judicial determination of a knowing and intelligent waiver of counsel, made after a plenary hearing on the merits and not appealed, has sufficient legal stature to warrant denying a subsequent motion to relitigate the same issue.
• Henderson v. State ex rel. LEE
  65 So. 2d 22· Fla.· 1953-05-05 ·cited 10×
  The Florida Supreme Court upheld the discharge of two labor union members arrested under Florida's Public Utility Arbitration Law, finding that federal labor law preempts state regulation of peaceful strikes for higher wages. The court followed the U.S. Supreme Court's decision i
• United States ex rel. Catalano v. Shaughnessy
  197 F.2d 65· 2d Cir.· 1952-05-27 ·cited 10×
  The court held that the administrative hearing was fair and did not violate due process, despite the lodging of an additional charge and the absence of a warning about self-incrimination.
• Jimenez v. Jones
  195 F.2d 159· 1st Cir.· 1952-03-11 ·cited 10×
  The court held that the Supreme Court of Puerto Rico's denial of an original habeas corpus petition, likely based on discretionary procedural grounds, was not a clear abuse of discretion and thus affirmed the order.
• United States ex rel. Young v. Shaughnessy
  194 F.2d 474· 2d Cir.· 1952-02-13 ·cited 10×
  The court held that the relator failed to make a clear and convincing showing that the denial of bail was without reasonable foundation.
• Bacom v. Sullivan
  194 F.2d 166· 5th Cir.· 1952-02-05 ·cited 10×
  The court held that extraordinary circumstances justified bypassing the usual exhaustion of remedies rule, allowing federal habeas corpus review on the merits.
• Hiatt v. Ellis
  192 F.2d 119· 5th Cir.· 1951-11-07 ·cited 10×
  The court held that the language of the sentence was not ambiguous and clearly indicated consecutive service, reversing the grant of habeas corpus.
• Collins v. Frisbie
  189 F.2d 464· 6th Cir.· 1951-05-28 ·cited 10×
  The judgment of the District Court dismissing the application should be affirmed.
• Coggins v. O'Brien
  188 F.2d 130· 1st Cir.· 1951-03-15 ·cited 10×
  The court affirmed the dismissal of the habeas corpus petition, finding that the state courts afforded the petitioner a constitutionally adequate opportunity to prove his claims.
• Brown v. Hunter
  187 F.2d 543· 10th Cir.· 1951-03-01 ·cited 10×
  A prisoner cannot use habeas corpus to challenge a sentence if a valid judgment exists, and must first exhaust statutory remedies like 28 U.S.C. § 2255.
• Davis v. O'Connell
  185 F.2d 513· 8th Cir.· 1950-12-14 ·cited 10×
  A federal court lacks jurisdiction to grant habeas corpus relief to a petitioner challenging extradition if they have not exhausted all available state remedies in the demanding state.
• Hall v. Welch
  185 F.2d 525· 4th Cir.· 1950-12-07 ·cited 10×
  Congress can constitutionally authorize the Parole Board to revoke conditional release and require a prisoner to serve the remainder of the original sentence, without accounting for time spent on conditional release.
• Mah Ying Og v. McGRATH
  187 F.2d 199· D.C. Cir.· 1950-12-07 ·cited 10×
  The court held that Section 503 of the Nationality Act of 1940 provides for a trial de novo on the issue of citizenship, and the prior administrative or habeas corpus decisions do not bar this action.
• United States ex rel. Wiczynski v. Shaughnessy
  185 F.2d 347· 2d Cir.· 1950-11-22 ·cited 10×
  The court held that the deportation warrant was unauthorized because the alien had not been given the option to select a destination, and the Attorney General had not chosen one from the available options. The order releasing the alien unconditionally was also wrong.
• United States ex rel. Pizzuto v. Shaughnessy
  184 F.2d 666· 2d Cir.· 1950-10-20 ·cited 10×
  The court held that an intervening statute mooted the deportation proceedings and required the alien's discharge.
• McGARTY v. O'Brien
  180 F.2d 987· 1st Cir.· 1950-03-27 ·cited 10×
  The court affirmed the dismissal of the habeas corpus petition, holding that the petitioner had not exhausted his state remedies by failing to present his federal constitutional claim through available state procedures like a writ of error.
• United States ex rel. Jackson. v. Ruthazer
  181 F.2d 588· 2d Cir.· 1950-03-17 ·cited 10×
  The court held that a relator who received a full and fair hearing on the merits in state court, even if the state court doubted the applicability of a federal doctrine, has had their rights protected.
• Ackermann v. United States
  178 F.2d 983· 5th Cir.· 1949-12-29 ·cited 10×
  The trial court erred in holding that the motion did not state sufficient grounds to set aside the judgment.
• United States ex rel. DE Lucia v. O'Donovan
  178 F.2d 876· 7th Cir.· 1949-12-08 ·cited 10×
  A parole warrant issued without any information of a parole violation is arbitrary and capricious, allowing immediate habeas corpus review despite the general rule requiring exhaustion of administrative remedies.
• Vanderpool v. Hunter
  177 F.2d 716· 10th Cir.· 1949-10-31 ·cited 10×
  A federal prisoner conditionally released who violates state law and is surrendered to state custody for punishment cannot have the state sentence credited towards the federal sentence.
• Morgan v. Horrall
  175 F.2d 404· 9th Cir.· 1949-06-20 ·cited 10×
  The court affirmed the lower court's decision to deny the writ of habeas corpus, finding that the extradition papers were sufficient and that the appellant had not demonstrated a violation of his federal constitutional rights.
• Hiatt v. Brown
  175 F.2d 273· 5th Cir.· 1949-06-16 ·cited 10×
  The court held that a court-martial conviction is invalid if the court was not properly organized according to statutory requirements, specifically the appointment of a qualified law member, and if the accused was denied due process.
• Maxwell v. Hudspeth
  175 F.2d 318· 10th Cir.· 1949-06-07 ·cited 10×
  The court held that the petitioner's claims of denial of counsel, material witnesses, and preparation time were not established, and errors in jury instructions are not reviewable on habeas corpus.
• Collingsworth v. Mayo
  173 F.2d 695· 5th Cir.· 1949-04-04 ·cited 10×
  A federal court must independently examine a state prisoner's due process claims, even if a state court has previously considered them.
• Jackson v. Gough
  170 F.2d 630· 5th Cir.· 1948-11-12 ·cited 10×
  The court held that the petitioner's contentions regarding the exclusion of negro officers and the investigation under Article of War 70 did not warrant habeas corpus relief.
• United States ex rel. Eichenlaub v. Watkins
  167 F.2d 659· 2d Cir.· 1948-05-03 ·cited 10×
  The court held that the relator's conviction under a repealed statute did not invalidate his denaturalization and that the deportation warrant was sufficient. The court also held that the sufficiency of the indictment could not be attacked in a habeas corpus proceeding.
• Williams v. Hunter
  165 F.2d 924· 10th Cir.· 1947-12-12 ·cited 10×
  The court held that probation revocation can only be predicated on a violation of the terms and conditions of the order of probation occurring during the period of probation fixed by the court.
• United States ex rel. Ludwig v. Watkins
  164 F.2d 456· 2d Cir.· 1947-11-26 ·cited 10×
  An alien brought to the United States against his will by government agents is not considered an 'immigrant' for deportation purposes under the immigration laws.
• Von Moltke v. Gillies
  161 F.2d 113· 6th Cir.· 1947-03-10 ·cited 10×
  The court held that a defendant can competently and intelligently waive their constitutional right to counsel and enter a guilty plea, and that the motion to withdraw the plea was untimely.
• United States ex rel. Palmer v. Ragen
  159 F.2d 356· 7th Cir.· 1947-01-25 ·cited 10×
  The state of Illinois retains jurisdiction over a paroled prisoner for the maximum term of his sentence, and cannot waive this jurisdiction through the actions of officials or by permitting the prisoner to leave the state.
• Story v. Hunter
  158 F.2d 825· 10th Cir.· 1947-01-06 ·cited 10×
  The court held that the trial court's findings were sufficient to sustain the order discharging the writ of habeas corpus.
• McMURTREY v. Clark
  157 F.2d 703· D.C. Cir.· 1946-10-28 ·cited 10×
  The court held that the District Court correctly dismissed the appellant's complaint for a mandatory injunction and mandamus.
• Soewapadji v. Wixon
  157 F.2d 289· 9th Cir.· 1946-09-13 ·cited 10×
  The court held that the petition for a writ of habeas corpus was properly denied because the appellants' detention was lawful and their claims did not entitle them to relief.
• Carqueville v. Woodruff
  153 F.2d 1011· 6th Cir.· 1946-03-11 ·cited 10×
  Appellants failed to exhaust state remedies and did not present a substantial federal question, thus their habeas corpus petition was properly denied.
• Humes v. Pescor
  148 F.2d 127· 8th Cir.· 1945-04-04 ·cited 10×
  The court held that the appellant's contentions regarding the constitutionality of the Selective Training and Service Act and the jurisdiction of the Kansas federal court were without merit.
• Collier v. Baker
  155 Fla. 425· Fla.· 1945-01-12 ·cited 10×
  The State Attorney has the statutory power to summon witnesses for interrogation under oath regarding criminal law violations, even after an indictment has been returned and before trial.
• United States ex rel. Bongiorno v. Ragen
  146 F.2d 349· 7th Cir.· 1945-01-05 ·cited 10×
  A federal court cannot grant habeas corpus relief based on claims of insufficient evidence or procedural errors that do not violate constitutional rights.
• Stout v. Hancock
  146 F.2d 741· 4th Cir.· 1944-12-20 ·cited 10×
  A unanimous vote is not required for conviction of an offense where the death penalty is permissive but not mandatory under the Articles of War.
• Burall v. Johnston
  146 F.2d 230· 9th Cir.· 1944-12-12 ·cited 10×
  The court held that the denial of counsel at a preliminary hearing does not invalidate a subsequent conviction, and that habeas corpus petitions can be assigned to any judge of the district court.
• Waldron v. United States
  146 F.2d 145· 6th Cir.· 1944-12-11 ·cited 10×
  The court held that a guilty plea based on a presumption clause later declared unconstitutional does not void the sentence, and a writ of error coram nobis cannot be used to correct a misconception of law.
• Spence v. Dowd
  145 F.2d 451· 7th Cir.· 1944-11-08 ·cited 10×
  The court held that the district court erred in summarily denying the petition for a writ of habeas corpus without a hearing, as the appellant's allegations, if true, presented a case for federal review.
• Holtsclaw v. Mercer
  145 F.2d 388· D.C. Cir.· 1944-10-30 ·cited 10×
  The court held that the trial court did not err in finding that the child's best interests were served by remaining with the appellees, affirming the lower court's decision.
• GUY v. Utecht
  144 F.2d 913· 8th Cir.· 1944-10-03 ·cited 10×
  A federal court should not entertain a habeas corpus petition from a state prisoner if the state courts have already fairly adjudicated the federal claims, and the prisoner has not exhausted remedies in the Supreme Court.