Habeas Corpus

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

• Colvin v. Estelle
  506 F.2d 747· 5th Cir.· 1975-01-15 ·cited 8×
  A new penal code with different sentencing does not entitle a prisoner to release if a saving clause preserves prior convictions and sentences.
• King v. Fla. Parole & Prob. Comm'n
  306 So. 2d 506· Fla.· 1975-01-08 ·cited 8×
  A parolee challenged his parole revocation, claiming the Parole Commission failed to provide adequate due process findings and factual support for the revocation. The Florida Supreme Court found the record inadequate and remanded for the trial court to make explicit findings of f
• Mays v. Estelle
  505 F.2d 116· 5th Cir.· 1974-12-13 ·cited 8×
  The court held that a prior probated felony conviction is admissible at the penalty stage of a bifurcated trial to show a defendant's criminal record, even if probation was revoked.
• United States ex rel. John B. Adams v. Bensinger
  507 F.2d 390· 7th Cir.· 1974-12-10 ·cited 8×
  The court held that the petitioner did not waive his claim of an involuntary confession and that the confession was indeed involuntary due to the totality of the circumstances.
• Davis v. Pitchess
  518 F.2d 141· 9th Cir.· 1974-12-09 ·cited 8×
• Frazier v. Ciccone
  506 F.2d 1022· 8th Cir.· 1974-11-15 ·cited 8×
  The court held that a prisoner's claim that a derogatory notation in his prison record, not leading to loss of good time or custody change, does not state a claim for habeas corpus relief under the Eighth Amendment.
• Ferranto v. United States
  507 F.2d 408· 2d Cir.· 1974-10-31 ·cited 8×
  The court held that a claim of illegal sentence enhancement due to a prior conviction obtained without counsel, not previously adjudicated, must be addressed.
• Alonzo v. Estelle
  500 F.2d 672· 5th Cir.· 1974-09-16 ·cited 8×
  The court held that the Texas state courts should be afforded the opportunity to review the appellant's constitutional claims before federal habeas relief is granted.
• Cline v. Rockingham Cnty. Superior Court
  502 F.2d 789· 1st Cir.· 1974-09-05 ·cited 8×
  The court held that the state statute was unconstitutionally applied to petitioner's conduct, as his display of a peace symbol on his own flag constituted protected expression.
• Ward v. Honorable Clyde B. Wells
  298 So. 2d 493· Fla. 1st DCA· 1974-08-19 ·cited 8×
  A circuit court lacks jurisdiction to modify a child custody and visitation judgment entered by another circuit court in a different county, absent statutory authority under dependency or delinquency provisions.
• Bradley v. Cowan
  500 F.2d 380· 6th Cir.· 1974-07-30 ·cited 8×
  The court held that the petitioner was entitled to an evidentiary hearing on the issue of effective assistance of counsel and that the consent issue also required further factual determination.
• Pickens v. The State OF Tex.
  497 F.2d 981· 5th Cir.· 1974-07-19 ·cited 8×
  The court held that revoking probation based on speech protected by the First Amendment constitutes an abuse of discretion.
• Huante v. Craven
  500 F.2d 1004· 9th Cir.· 1974-07-15 ·cited 8×
  A state's custody is insufficient to support federal habeas corpus jurisdiction when the petitioner has been delivered to federal immigration authorities for deportation, even if technically still on parole.
• Marshall v. Rose
  499 F.2d 1163· 6th Cir.· 1974-06-25 ·cited 8×
  The court held that the admission of the victim's in-court identification was not harmless error because it was tainted by an unconstitutional showup conducted without counsel, and the state failed to prove by clear and convincing evidence that the identification had an independe
• Reynolds v. Lockhart
  497 F.2d 314· 8th Cir.· 1974-05-17 ·cited 8×
  The court held that while the petitioner's claim regarding denial of counsel on appeal may have merit, he failed to exhaust state remedies, and thus the petition for habeas corpus is denied.
• Haberstroh v. Superintendent Montanye
  493 F.2d 483· 2d Cir.· 1974-03-14 ·cited 8×
  The court held that even if a photographic identification procedure was suggestive, it did not create a substantial likelihood of irreparable misidentification, and a prosecutor's improper comment on the defendant's failure to testify was harmless error.
• State of Fla. ex rel. Robert L. Shevin v. Rawls
  290 So. 2d 477· Fla.· 1974-02-13 ·cited 8×
  The Florida Supreme Court denied a writ of prohibition sought by the State to prevent the First District Court of Appeal from hearing criminal appeals, holding that timely notices of appeal filed in the Second District Court of Appeal due to improper state advice should be treate
• Ellis v. Buchkoe
  491 F.2d 716· 6th Cir.· 1974-02-06 ·cited 8×
  A federal magistrate cannot decide the merits of a habeas corpus petition; their role is limited to preliminary review to facilitate the district court's decision on whether a hearing is necessary.
• Ira Bloom v. State
  290 So. 2d 128· Fla. 3d DCA· 1974-02-05 ·cited 8×
  Appellant's fifteen-year sentence was reduced to five years because the prosecutor and trial court led him to believe the maximum sentence would be five years when he entered his guilty plea.
• United States ex rel. Gilbert Waters & Henry Waters v. Bensinger
  507 F.2d 103· 7th Cir.· 1974-01-31 ·cited 8×
  The failure of a state trial judge to instruct the jury on an alibi defense does not violate the Fourteenth Amendment's due process clause.
• Ross v. State
  287 So. 2d 372· Fla. 2d DCA· 1973-12-19 ·cited 8×
  The court reversed the denial of postconviction relief, finding a compound violation of Anders v. California principles due to the trial court's denial of an evidentiary hearing and the confusing state of the record, necessitating the appointment of successor counsel.
• Jess Raymond Bridwell v. Ciccone
  490 F.2d 310· 8th Cir.· 1973-12-11 ·cited 8×
  The court held that the petitioner was entitled to a review of his parole application based on new information, but affirmed the denial of his habeas corpus petition as presented.
• Harris v. Estelle
  487 F.2d 56· 5th Cir.· 1973-11-01 ·cited 8×
  A prisoner is entitled to an out-of-time direct appeal with counsel if his indigence and desire to appeal were made known to the trial judge, even if the judge assumed retained counsel would continue representation.
• Sammie L. Nelson v. Moriarty
  484 F.2d 1034· 1st Cir.· 1973-09-20 ·cited 8×
  The court held that the petitioner had not exhausted his state remedies and therefore was not entitled to federal habeas corpus relief.
• Grady Wigfall Martin v. Rose
  481 F.2d 658· 6th Cir.· 1973-07-18 ·cited 8×
  Successive federal and state prosecutions for the same act do not violate the Double Jeopardy Clause, as the federal and state governments are considered separate sovereigns.
• Fort Sill Apache Tribe of the State of Okla. v. The United States
  477 F.2d 1360· Ct. Cl.· 1973-05-11 ·cited 8×
  The tribe stated no claim under the Indian Claims Commission Act because the claims were individual, not tribal, and the Act does not cover all possible tribal grievances.
• United States ex rel. Francis J. Sledjeski v. Commanding Officer
  478 F.2d 1147· 2d Cir.· 1973-05-03 ·cited 8×
  A reservist must be clearly advised of their right to claim hardship before their failure to do so can be considered a waiver.
• Stone v. Louie L. Wainwright
  478 F.2d 390· 5th Cir.· 1973-04-19 ·cited 8×
• In re the Extradition of Chan Kam-Shu v. Chan Kam-Shu
  477 F.2d 333· 5th Cir.· 1973-04-06 ·cited 8×
  The court held that the petitioner was a fugitive from justice under the treaty and that the two-month period for Liberia's formal extradition request had not expired, as the 'date of commitment' was the date of the arrest warrant, not the initial provisional detention.
• United States ex rel. Brodie Byron Davis v. Henderson
  474 F.2d 1098· 5th Cir.· 1973-03-08 ·cited 8×
  The court held that while most of petitioner's claims were without merit, his contention regarding the systematic exclusion of blacks from jury service required further investigation in light of a recent Supreme Court decision.
• McINTOSH v. State
  274 So. 2d 23· Fla. 2d DCA· 1973-03-07 ·cited 8×
  Richard McIntosh was convicted of a felony but the trial court failed to comply with Florida Statute § 925.07 requiring notice to parents. The appellate court reversed, holding that the trial judge's finding of actual notice was insufficient because the parents were never informe
• Merlon S. Hines v. Beto
  473 F.2d 1034· 5th Cir.· 1973-02-08 ·cited 8×
  The court held that even if an out-of-court identification procedure was suggestive, relief is not warranted if the in-court identification was independent and untainted.
• Tabasko v. Barton
  472 F.2d 871· 6th Cir.· 1972-12-27 ·cited 8×
  The court held that oral testimony presented to a magistrate for a search warrant must be sworn, and the district court's finding that it was sworn was clearly erroneous.
• Parker v. Ross
  470 F.2d 1092· 4th Cir.· 1972-12-20 ·cited 8×
  A voluntary and intelligent guilty plea, entered with the advice of counsel, waives the right to challenge the composition of the grand jury that indicted the defendant.
• Machinist's Mate Second Class Ronald W. Johnson v. Chafee
  469 F.2d 1216· 9th Cir.· 1972-11-27 ·cited 8×
  The court held that a formal defect in administering the oath for an enlistment extension agreement, where the oath was sworn before a warrant officer instead of a commissioned officer, did not invalidate the agreement, especially when the servicemember received benefits and the
• Edwards v. Vasel
  469 F.2d 338· 8th Cir.· 1972-11-02 ·cited 8×
  The court held that a plaintiff cannot relitigate the validity of his conviction in a civil rights action based on alleged false testimony at a prior habeas corpus hearing.
• Dudley Lewis LEE v. Louie L. Wainwright
  468 F.2d 809· 5th Cir.· 1972-10-25 ·cited 8×
  Failure to petition the Florida Supreme Court for certiorari after denial of state post-conviction relief does not bar federal habeas corpus relief for failure to exhaust state remedies.
• Redus v. Swenson
  468 F.2d 606· 8th Cir.· 1972-10-04 ·cited 8×
  A guilty plea is valid if entered understandingly and voluntarily with competent counsel, even if influenced by a prior coerced confession.
• Brown v. COX
  467 F.2d 1255· 4th Cir.· 1972-10-04 ·cited 8×
  The court held that the district court must conduct a hearing to determine if the juvenile court's waiver of jurisdiction was appropriate, and the conviction should be vacated if it was not.
• Sanchez v. Beto
  467 F.2d 513· 5th Cir.· 1972-10-02 ·cited 8×
• United States ex rel. Robert Murray v. Owens
  465 F.2d 289· 2d Cir.· 1972-08-10 ·cited 8×
  Committing a 15-year-old delinquent to an adult correctional facility after a non-jury adjudication does not violate due process or equal protection.
• Newman v. Louie L. Wainwright
  464 F.2d 615· 5th Cir.· 1972-07-31 ·cited 8×
  The court held that the death penalty, as imposed in Florida, constitutes cruel and unusual punishment violating the Eighth and Fourteenth Amendments.
• Griffin v. Cal. Adult Auth.
  464 F.2d 602· 9th Cir.· 1972-07-24 ·cited 8×
  The court held that the district court's dismissal of the habeas corpus petition was premature because the prisoner's claims regarding denial of counsel and confrontation rights at parole revocation required further factual development.
• Matthews v. State
  463 F.2d 679· 5th Cir.· 1972-07-17 ·cited 8×
  The court held that the case is not moot because the appellant suffered collateral consequences from his conviction, despite his release from jail and payment of fines.
• Boyden v. United States
  463 F.2d 229· 9th Cir.· 1972-07-12 ·cited 8×
  A federal prisoner seeking sentence credit must first show the remedy in the sentencing court is inadequate or ineffective before filing a habeas petition in another district.
• Adkins v. Beto
  462 F.2d 802· 5th Cir.· 1972-06-27 ·cited 8×
  The admission of a potentially illegally seized murder weapon was harmless error, and other claims raised in the habeas petition lacked merit.
• United States ex rel. George L. Spears H-7506 v. Johnson
  463 F.2d 1024· 3d Cir.· 1972-06-23 ·cited 8×
  The court held that the district court's finding that the trial court denied Spears' right to summation was clearly erroneous and not supported by the record.
• United States ex rel. Clyde Curtis v. Warden OF Green Haven Prison
  463 F.2d 84· 2d Cir.· 1972-06-21 ·cited 8×
  The court affirmed the denial of habeas corpus, finding no constitutional error in the indictment or identification procedures, and that any prejudice from testimony was cured.
• Bartley v. Commonwealth OF Ky.
  462 F.2d 610· 6th Cir.· 1972-06-21 ·cited 8×
  The court held that even if the petitioner was indigent, the undisputed facts showed he knowingly and voluntarily waived his right to appeal, making the cited cases inapplicable.
• Carney v. Secretary OF Defense
  462 F.2d 606· 1st Cir.· 1972-06-21 ·cited 8×
  The court held that the district court had jurisdiction to grant the writ of habeas corpus because the serviceman's custodian, the Secretary of the Navy, had sufficient contacts with the district through naval administrative practice.