Habeas Corpus

18,784 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Clennon Loud v. Estelle
  556 F.2d 1326· 5th Cir.· 1977-08-05 ·cited 8×
  The court held that the petitioner did not have a constitutional right to counsel at his 1960 probation revocation hearing, and his failure to object to the use of that conviction for sentence enhancement waives federal habeas corpus review.
• Thacker v. Bordenkircher
  557 F.2d 98· 6th Cir.· 1977-06-23 ·cited 8×
  The court held that a federal district court errs in denying a habeas corpus petition without reviewing the state trial court transcript, relying solely on a state appellate court's summary.
• United States v. Monteer
  556 F.2d 880· 8th Cir.· 1977-06-09 ·cited 8×
  The court held that the district court correctly dismissed the petition for lack of jurisdiction because the petitioner's challenge concerned the manner of sentence execution, not the sentence itself, and the custodian was not within the court's territorial jurisdiction.
• Moss v. Patterson
  555 F.2d 137· 6th Cir.· 1977-05-20 ·cited 8×
  A parolee is entitled to a revocation hearing to present mitigating circumstances, even if convicted of a new felony, to satisfy due process requirements.
• Wall v. Superintendent, Va. State Penitentiary
  553 F.2d 359· 4th Cir.· 1977-04-21 ·cited 8×
  The court held that allowing jurors who sat on a prior trial of a co-defendant, where they heard prejudicial evidence not admissible in the defendant's trial, violates the defendant's due process rights to an impartial jury and confrontation of witnesses.
• Larson v. McKENZIE
  554 F.2d 131· 4th Cir.· 1977-04-20 ·cited 8×
  A parole revocation hearing is not constitutionally required until the parole violator has completed serving an intervening sentence.
• Thomas v. Estelle
  550 F.2d 1014· 5th Cir.· 1977-04-14 ·cited 8×
  The court held that the district court correctly denied the appellant's application for a writ of habeas corpus without an evidentiary hearing.
• Lipinski v. People of the State OF NEW York
  557 F.2d 289· 2d Cir.· 1977-03-28 ·cited 8×
  The court held that the trial judge's refusal to permit Lipinski to impeach his own witness with a prior inconsistent statement, under New York's 'voucher' rule, did not so impair Lipinski's defense as to violate due process.
• Barnett v. Hopper
  548 F.2d 550· 5th Cir.· 1977-03-10 ·cited 8×
  A criminal sentence conditioned on immediate payment of a fine, which the defendant later cannot pay due to circumstances arising after the plea, is unconstitutional if it results in imprisonment.
• Stroble v. Egeler
  547 F.2d 339· 6th Cir.· 1977-01-13 ·cited 8×
  The court held that the district court erred in its determination regarding the Interstate Agreement on Detainers and ordered a remand for further proceedings.
• Franklin v. French Conway
  546 F.2d 579· 4th Cir.· 1976-12-30 ·cited 8×
  The court held that the prisoner must exhaust state remedies before a federal court considers the facial validity of the statute under recent Supreme Court precedent.
• ST. Pierre v. Helgemoe
  545 F.2d 1306· 1st Cir.· 1976-12-16 ·cited 8×
  The court held that the petitioner's claim, even if based on a retroactive change in law, must first be presented to state courts for exhaustion of remedies.
• State OF Ariz. & W. Coy Cox v. Washington
  546 F.2d 829· 9th Cir.· 1976-12-03 ·cited 8×
  The court held that a retrial is barred by the Double Jeopardy Clause because the mistrial was declared without a finding of manifest necessity or consideration of alternatives.
• Bretz v. Crist
  546 F.2d 1336· 9th Cir.· 1976-11-18 ·cited 8×
  The federal rule that jeopardy attaches when a jury is impaneled and sworn is a constitutional requirement binding on the states, and the mistrial in the first prosecution did not meet the 'manifest necessity' standard for reprosecution.
• United States ex rel. Jimmy X. Spencer v. Warden, Pontiac Corr. Ctr.
  545 F.2d 21· 7th Cir.· 1976-11-17 ·cited 8×
  The court held that a defendant's election to proceed to trial with unprepared counsel, when that election is a product of the state's inexcusable delay in indictment and appointment of counsel, does not constitute a waiver of the right to effective assistance of counsel.
• Vitello v. Gaughan
  544 F.2d 17· 1st Cir.· 1976-11-08 ·cited 8×
  A petitioner is not entitled to habeas corpus relief for a warrant defect if the error was not prejudicial.
• Howard v. Maggio
  540 F.2d 1280· 5th Cir.· 1976-10-22 ·cited 8×
  The court affirmed the denial of habeas relief, finding no constitutional violations in the state court proceedings.
• Hill v. Johnson
  539 F.2d 439· 5th Cir.· 1976-09-23 ·cited 8×
  The court held that the district court's characterization of the suit as a petition for habeas corpus was incorrect because the plaintiff was not "in custody."
• Clay v. Riddle
  541 F.2d 456· 4th Cir.· 1976-09-17 ·cited 8×
  Statements obtained from a defendant in custody without Miranda warnings are inadmissible.
• Norris v. Slayton
  540 F.2d 1241· 4th Cir.· 1976-09-16 ·cited 8×
  The court held that the failure to disclose a police report containing the victim's initial doubt about the assailant's identity constituted a Brady violation, entitling the petitioner to habeas corpus relief.
• Sellars v. Estelle
  536 F.2d 1104· 5th Cir.· 1976-08-13 ·cited 8×
  The court held that the Governor's commutation of a death sentence to 99 years imprisonment, even if it deprived the petitioner of a state law right to jury resentencing, did not present a federal constitutional question cognizable in habeas corpus.
• Rodriguez v. Estelle
  536 F.2d 1096· 5th Cir.· 1976-08-12 ·cited 8×
  The court held that the denial of habeas corpus relief was proper because the appellant's claims did not present constitutional violations and any procedural defaults were waived.
• United States ex rel. Clarence Eugene Wilson v. Warden Cannon
  538 F.2d 1272· 7th Cir.· 1976-07-28 ·cited 8×
  The court held that the knowing use of perjured testimony regarding plea agreements, which was emphasized by the prosecution, abridged the petitioner's due process rights concerning his murder conviction.
• Clark v. Wyrick
  538 F.2d 1327· 8th Cir.· 1976-07-20 ·cited 8×
  The court held that a Rule 60(b) motion cannot serve as a substitute for a timely appeal from the original judgment.
• Jackson v. State OF Ala.
  534 F.2d 1136· 5th Cir.· 1976-07-08 ·cited 8×
  The court held that the search of the vehicle was reasonable and that there was sufficient evidence to support the conviction, thus denying habeas corpus relief.
• Ross v. Mebane
  536 F.2d 1199· 7th Cir.· 1976-06-30 ·cited 8×
  The court held that claims challenging the fact or duration of confinement, including the deprivation of good time credits, are not moot and should be considered via habeas corpus, even if the prisoner has been transferred. Claims for injunctive relief against future punishment a
• Thompson v. United States
  536 F.2d 459· 1st Cir.· 1976-06-10 ·cited 8×
  The court held that a federal prisoner's challenge to the execution of his sentence, including the application of Parole Board guidelines, cannot be brought under 28 U.S.C. § 2255, as that statute only grants jurisdiction for claims attacking the legality or imposition of a sente
• United States ex rel. Ronald Burbank v. Warden, Ill. State Penitentiary
  535 F.2d 361· 7th Cir.· 1976-05-05 ·cited 8×
  The court held that the arresting officers had probable cause to arrest the petitioner based on witness descriptions and the arresting officer's personal knowledge of the neighborhood and its inhabitants. The court also held that the state trial court adequately determined the vo
• Gill v. Estelle
  530 F.2d 1152· 5th Cir.· 1976-04-28 ·cited 8×
  The court held that the use of an unconstitutionally obtained probation revocation at the punishment stage of a trial, to argue for a longer sentence, violates due process and equal protection.
• Bellew v. Gunn
  532 F.2d 1288· 9th Cir.· 1976-03-24 ·cited 8×
  The court held that the petitioner failed to meet his burden of proof to show his guilty plea was not voluntary or knowingly made, despite a thirty-year delay in challenging it.
• Sesser v. Gunn
  529 F.2d 932· 9th Cir.· 1976-01-28 ·cited 8×
  A state prisoner's admission of prior felony convictions, which is the functional equivalent of a guilty plea under federal constitutional law, requires admonishment of consequences regardless of state court characterization or prospective application dates.
• Brewer v. Warden Charles Wolff, Jr.
  529 F.2d 787· 8th Cir.· 1976-01-20 ·cited 8×
  The court held that the warrantless search of the petitioner's automobile at the scene of the arrest was constitutionally permissible due to probable cause and exigent circumstances.
• Calabro v. United States Bd. OF Parole
  525 F.2d 660· 5th Cir.· 1975-12-31 ·cited 8×
  The court held that the district court did not err in dismissing the habeas corpus petition without a hearing because the petition failed to allege facts sufficient to show the Board's action was arbitrary, capricious, or an abuse of discretion.
• Hall v. Bostic
  529 F.2d 990· 4th Cir.· 1975-12-16 ·cited 8×
  A prisoner is not entitled to credit for time spent on probation against their original prison sentence upon revocation of that probation.
• Bibbs v. Wyrick
  526 F.2d 226· 8th Cir.· 1975-12-10 ·cited 8×
  The court affirmed the denial of the habeas corpus application, finding no merit in the appellant's claims regarding handcuffing, ineffective counsel, or competency.
• Stinson v. Nelson
  525 F.2d 728· 9th Cir.· 1975-11-03 ·cited 8×
  A prisoner does not have a constitutional right to serve concurrent state and federal sentences in a federal prison, and the Attorney General has discretion to designate the place of confinement.
• United States ex rel. Donald M. Cook v. Parkinson
  525 F.2d 120· 8th Cir.· 1975-10-29 ·cited 8×
  The court held that the Act of May 27, 1910, terminated the reservation status of Bennett County, South Dakota, and that state courts have jurisdiction over crimes committed on non-Indian lands within the county.
• Grady Wigfall Martin v. Rose
  525 F.2d 111· 6th Cir.· 1975-10-23 ·cited 8×
  The court held that the state's denial of a transcript of a prior federal trial for the same offense to an indigent defendant was a constitutional error that could not be deemed harmless.
• McGEE v. Aaron
  523 F.2d 825· 7th Cir.· 1975-10-09 ·cited 8×
  Due process does not require a rehearing after a prisoner receives written reasons for parole denial, and the Parole Board did not breach its statutory duty by continuing the prisoner to expiration of his sentence.
• Edwards v. State OF La.
  520 F.2d 321· 5th Cir.· 1975-10-02 ·cited 8×
  The court held that the failure of retained counsel to perfect a direct appeal, without state involvement, does not constitute a Fourteenth Amendment violation.
• Banda v. Estelle
  519 F.2d 1057· 5th Cir.· 1975-09-19 ·cited 8×
  The federal district court did not err in denying the habeas petition without an independent evidentiary hearing, as the state habeas hearing was full and fair.
• Cain v. State OF Mo.
  518 F.2d 1180· 8th Cir.· 1975-06-26 ·cited 8×
  The court held that the district court erred by dismissing the habeas petition without inquiring whether the petitioner deliberately bypassed state remedies.
• Henderson v. The Sec'y OF Corr.
  518 F.2d 694· 10th Cir.· 1975-06-26 ·cited 8×
  The court held that while a prisoner's claim for release must be brought as a habeas corpus petition, a claim for damages and injunctive relief for inadequate medical care can be brought under 42 U.S.C. § 1983, but in this case, the alleged inadequate care did not rise to a const
• United States ex rel. Frederick Charles Stewart v. Lowell D. Hewitt
  517 F.2d 993· 3d Cir.· 1975-06-10 ·cited 8×
  A mistrial declared sua sponte due to the potential for jury bias, even without explicit proof of prejudice, is permissible under the 'manifest necessity' standard if it serves the ends of public justice.
• State v. Hobart Zeno Gale
  312 So. 2d 824· Fla. 4th DCA· 1975-05-23 ·cited 8×
  The trial court erred in granting habeas corpus relief because the inquiry in extradition proceedings is limited to jurisdictional prerequisites, not the merits of the underlying charge or subsequent events.
• Donnelly v. Donnelly
  515 F.2d 129· 1st Cir.· 1975-05-13 ·cited 8×
  Habeas corpus relief is not available for disputes concerning parental custody of children ordered by a state probate court.
• Locke v. Rose
  514 F.2d 570· 6th Cir.· 1975-04-04 ·cited 8×
  The court held that the Tennessee statute criminalizing "crimes against nature" was unconstitutionally vague as applied to cunnilingus because prior Tennessee case law had not clearly established this act as proscribed by the statute, failing to provide fair notice.
• van Eaton v. Louie L. Wainwright
  508 F.2d 849· 5th Cir.· 1975-02-27 ·cited 8×
  The court held that a state prisoner seeking federal habeas corpus relief based on jury composition claims is entitled to an evidentiary hearing on the issue of 'cause' for any procedural default in raising the claim, even if the state has a rule similar to Davis v. United States
• McCLOUD v. Louie L. Wainwright
  508 F.2d 853· 5th Cir.· 1975-02-27 ·cited 8×
  The court held that a pro se habeas corpus petition alleging systematic exclusion of Negroes from grand and petit juries, even if crude, is sufficient to invoke federal jurisdiction and warrants further proceedings.
• Kelley v. Swenson
  510 F.2d 264· 8th Cir.· 1975-01-28 ·cited 8×
  The court held that the district court properly denied the habeas corpus petition because the arresting officers had probable cause to arrest the petitioner. The court also held that the district court did not err in refusing to admit the entire state trial transcript into eviden