Habeas Corpus

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

• United States ex rel. Ronald Doss v. Bensinger
  463 F.2d 576· 7th Cir.· 1972-06-15 ·cited 8×
  The court held that the admission of evidence obtained through continued interrogation after the suspect invoked his right to remain silent, and the admission of the murder weapon found as a result, violated Miranda v. Arizona and was not harmless error.
• Pruett v. The State OF Tex.
  468 F.2d 51· 5th Cir.· 1972-06-12 ·cited 8×
• Bowman v. Louie L. Wainwright
  460 F.2d 1298· 5th Cir.· 1972-06-01 ·cited 8×
  The court held that the petitioner deliberately bypassed available state court remedies by failing to raise his intoxication claim at trial or on direct appeal, thus forfeiting his right to federal habeas corpus relief.
• King Hairston v. COX
  459 F.2d 1382· 4th Cir.· 1972-05-18 ·cited 8×
  The court held that the appellant's challenge to jury selection was untimely due to a 26-year delay and that the evidence did not support a claim of systematic exclusion.
• Goodspeed v. Beto
  460 F.2d 398· 5th Cir.· 1972-05-16 ·cited 8×
  The court held that most of the petitioner's claims were without merit or previously decided, but remanded for an evidentiary hearing on the issue of being tried in prison garb.
• Mathis v. Hocker
  459 F.2d 988· 9th Cir.· 1972-04-26 ·cited 8×
  The court held that a sentencing judge is not required to advise a defendant of parole eligibility when the defendant concealed prior convictions.
• Henderson v. Tollett
  459 F.2d 237· 6th Cir.· 1972-04-20 ·cited 8×
  A guilty plea does not waive the right to challenge a grand jury indictment based on systematic racial exclusion if neither the defendant nor counsel knew of this right at the time of the plea.
• Keeny v. Swenson
  458 F.2d 680· 8th Cir.· 1972-04-20 ·cited 8×
  The court held that the petitioner's claims regarding denial of speedy trial, illegal search and seizure, unfair jury, and erroneous sentencing did not present grounds for federal habeas corpus relief.
• Taylor v. Swenson
  458 F.2d 593· 8th Cir.· 1972-04-06 ·cited 8×
  The court affirmed the denial of habeas corpus, holding that the defendant intelligently waived his right to counsel at the lineup and that the identification procedures were not constitutionally infirm.
• United States ex rel. Curtis Abbott v. Twomey
  460 F.2d 400· 7th Cir.· 1972-03-27 ·cited 8×
  The court held that the trial court did not err in suppressing an informer's true identity and address because the informer was not the principal witness against the accused, and the defendant was not denied effective cross-examination.
• United States ex rel. Donald Samuel Zelman v. Carpenter
  457 F.2d 621· 2d Cir.· 1972-03-27 ·cited 8×
  The dissenting judge believes the court should not have reversed the district court's grant of a writ, arguing the draft board acted arbitrarily and without a basis in fact for reclassifying the registrant.
• Crow v. Eyman
  459 F.2d 24· 9th Cir.· 1972-03-24 ·cited 8×
  The court held that a federal court on habeas corpus cannot review the sufficiency of state court evidence unless the conviction is wholly devoid of evidentiary support and violates due process, and that state law regarding spousal privilege and jury instructions on insanity are
• Armstrong v. Cardwell
  457 F.2d 34· 6th Cir.· 1972-03-20 ·cited 8×
  The court held that while claims regarding prison treatment are generally cognizable in habeas corpus, the petitioner's specific claim of denial of access to courts was moot and other claims lacked merit, thus affirming the denial of the writ.
• Carter v. Duggan
  455 F.2d 1156· 5th Cir.· 1972-02-29 ·cited 8×
  State judges are immune from suit for damages for judicial actions, and a federal court should not compel state judges to act without prior exhaustion of state remedies.
• Martin v. Pendergrass
  456 F.2d 469· 6th Cir.· 1972-02-29 ·cited 8×
  The court held that the principles of North Carolina v. Pearce, which prohibit increased sentences on retrial due to vindictiveness, apply to jury sentencing as well as judicial sentencing.
• MacOn v. Craven
  457 F.2d 342· 9th Cir.· 1972-02-09 ·cited 8×
  A defendant is entitled to an evidentiary hearing on a habeas corpus petition if their guilty plea may have been induced by a prosecutor's unkept promise.
• Boyer v. State OF Ariz. & Frank Eyman
  455 F.2d 804· 9th Cir.· 1972-02-09 ·cited 8×
  The court held that oral testimony provided to a magistrate, in addition to a written affidavit, can establish probable cause for a search warrant, even if the affidavit alone is insufficient.
• Wilson v. Lash
  457 F.2d 106· 7th Cir.· 1972-02-03 ·cited 8×
  The court held that the district court did not err in dismissing the habeas corpus petition because the petitioner failed to prove constitutional violations regarding prejudicial publicity or his attorney's conflict of interest.
• Boag v. Boies
  455 F.2d 467· 9th Cir.· 1972-02-03 ·cited 8×
  The court held that the district court's denial of the motion to proceed in forma pauperis was proper because the prisoner failed to state a claim upon which relief could be granted.
• Sewell v. Cardwell
  454 F.2d 177· 6th Cir.· 1972-01-27 ·cited 8×
  The Court held that the pre-trial identification procedures, viewed in totality of circumstances, were not so unnecessarily suggestive as to violate due process, and that the in-court identifications were independently reliable.
• United States ex rel. John Martinez v. Mancusi
  455 F.2d 705· 2d Cir.· 1972-01-26 ·cited 8×
  The court held that the defendant's guilty plea was involuntary due to coercion, misunderstanding, and confusion, violating his due process rights.
• Hill v. Warden Bay H. Page & The State of Okla.
  454 F.2d 679· 10th Cir.· 1971-12-28 ·cited 8×
  The court held that the trial courts correctly denied relief to both petitioners, affirming their decisions.
• Chauncey v. Second Jud. Dist. Court
  453 F.2d 389· 9th Cir.· 1971-12-23 ·cited 8×
• United States ex rel. Robert J. Raymond v. People OF the State OF Ill.
  455 F.2d 62· 7th Cir.· 1971-12-10 ·cited 8×
  The court held that the combined pretrial identification procedures were so unnecessarily suggestive as to violate due process, and that the state's failure to disclose exculpatory laboratory test results to defense counsel also violated due process.
• Robinson v. Neil
  452 F.2d 370· 6th Cir.· 1971-12-10 ·cited 8×
  The Supreme Court decision in Waller v. Florida, which ended the dual sovereignty theory for municipal and state prosecutions, should not be applied retroactively to cases where the integrity of the fact-finding process is not challenged.
• McGINNIS v. United States ex rel. Milton Pollack
  452 F.2d 833· 2d Cir.· 1971-12-02 ·cited 8×
  The state must credit time spent in custody on a new charge against a prior sentence when the defendant could not make bail on the new charge due to indigence, even if the statute does not explicitly allow it.
• Owensby v. Clark
  451 F.2d 206· 5th Cir.· 1971-11-15 ·cited 8×
  A federal prisoner seeking to challenge the legality of his sentence must first pursue remedies under 28 U.S.C. § 2255 in the sentencing court, not file a habeas corpus petition in the district of confinement.
• Foxworth v. Louie L. Wainwright
  449 F.2d 319· 5th Cir.· 1971-10-27 ·cited 8×
  An indigent defendant has a constitutional right to representation by counsel on appeal, and denial of this right requires reversal.
• Application of John T. Small v. Commanding General
  448 F.2d 1397· 9th Cir.· 1971-10-26 ·cited 8×
• Alva Johnson Rodgers v. United States
  451 F.2d 562· 5th Cir.· 1971-10-20 ·cited 8×
  The court held that extraordinary relief via coram nobis is not compelled by the interests of justice when the petitioner is not currently affected by the challenged juvenile adjudication.
• United States ex rel. Gerardo Catena v. Elias
  449 F.2d 40· 3d Cir.· 1971-09-02 ·cited 8×
  The dissenting judge believes that a state immunity statute providing immunity from the use of compelled testimony and its fruits is constitutionally sufficient under the Fifth Amendment. This immunity is coextensive with the privilege against self-incrimination, and federal cour
• Chrisman v. Field
  448 F.2d 175· 9th Cir.· 1971-08-31 ·cited 8×
  The court held that an arrest supported by probable cause is valid even if the arrest warrant was invalid, and evidence seized incident to such an arrest is admissible.
• Bethel Raymond Fairris v. Beto
  446 F.2d 1290· 5th Cir.· 1971-08-17 ·cited 8×
  The court affirmed the denial of the habeas corpus petition, finding no deprivation of due process.
• Manuel v. Salisbury
  446 F.2d 453· 6th Cir.· 1971-07-19 ·cited 8×
  The court held that a mere possibility of communication between a prosecutor and an attorney with whom the defendant discussed his case is insufficient to establish a due process violation without proof of actual prejudice or disclosure.
• Levine v. Courtland C. Peyton
  444 F.2d 525· 4th Cir.· 1971-07-02 ·cited 8×
  The court held that the Supreme Court's decision in Pearce, which prohibits imposing a harsher sentence after retrial, applies to jury sentencing.
• Langdeau v. State OF S.D. & Its Agents
  446 F.2d 507· 8th Cir.· 1971-06-30 ·cited 8×
  The court held that the petitioner's guilty plea was intelligently and voluntarily entered, despite alleged coercive jail conditions, and that the issue of preconviction bail was rendered moot by the conviction.
• Plotner v. Resor
  446 F.2d 1066· 5th Cir.· 1971-06-29 ·cited 8×
  The court held that the regulation denying graduate students fatherhood deferments was consistent with statutory authority, as deferments are discretionary and Congress intended to prevent pyramiding.
• Oaks v. Louie L. Wainwright
  445 F.2d 1062· 5th Cir.· 1971-06-25 ·cited 8×
  A guilty plea is valid even if equivocal, provided it is knowingly and voluntarily entered and supported by independent corroborating evidence of guilt.
• Reese X. Barnes, Jr. v. United States
  445 F.2d 260· 8th Cir.· 1971-06-23 ·cited 8×
  The court held that the Board of Parole has absolute discretion in granting parole, and prisoners are not entitled to parole upon meeting statutory eligibility criteria.
• Gotcher v. Beto
  444 F.2d 696· 5th Cir.· 1971-06-21 ·cited 8×
  The court held that a federal court may deny a habeas corpus petition without an evidentiary hearing if the state court's prior hearing met the standards set forth in Townsend v. Sain, and that the petitioner's guilty pleas were not rendered involuntary by the circumstances prese
• Mobley v. Lamont Smith
  443 F.2d 846· 5th Cir.· 1971-06-15 ·cited 8×
  The denial of relief on the confession and reopening grounds was correct, and other claims not adequately adjudicated in state courts must be presented there first.
• Adams v. Louie L. Wainwright
  445 F.2d 832· 5th Cir.· 1971-06-14 ·cited 8×
  The court held that substantial compliance with the state statute requiring notice to a minor's parents or guardians, by notifying the minor's aunt and mother, satisfied due process and did not present a federal constitutional violation.
• Gill v. Turner
  443 F.2d 1064· 10th Cir.· 1971-06-07 ·cited 8×
  The court held that while the finding of an involuntary guilty plea was supported by the evidence, the trial court erred in ordering immediate discharge without allowing the state an opportunity to retry the petitioner.
• Application of Lynda T. Reed for a Writ of Habeas Corpus. Appeal of David Perlin
  447 F.2d 814· 3d Cir.· 1971-05-25 ·cited 8×
  The District Court of the Virgin Islands had jurisdiction to order the return of a child to New York to facilitate ongoing custody proceedings, despite the father's attempt to modify the custody decree in the Virgin Islands.
• Stidham v. Swenson
  443 F.2d 1327· 8th Cir.· 1971-05-24 ·cited 8×
  The court held that the trial court's failure to make a prior factual determination of voluntariness before submitting the confession to the jury violated Jackson v. Denno standards.
• Hollingsworth v. Lieutenant Commander R. E. Balcom
  441 F.2d 419· 6th Cir.· 1971-04-14 ·cited 8×
  The court held that the Navy violated due process by failing to provide the appellant with a fair interview before an officer knowledgeable in conscientious objector matters and by not properly informing him of his right to counsel.
• Autry v. Wiley
  440 F.2d 799· 1st Cir.· 1971-04-13 ·cited 8×
  The court held that the petitioner's claim of a treaty violation did not divest the court of jurisdiction, as the alleged violation fell outside the narrow exceptions to the general rule that the method of apprehension is irrelevant to jurisdiction. The court also found that the
• Hall v. Louie L. Wainwright
  441 F.2d 391· 5th Cir.· 1971-04-09 ·cited 8×
  The court held that the petitioner was denied his right to appeal, but the federal court should not have addressed the ineffective counsel claim without prior state court consideration.
• Arbuckle v. Turner
  440 F.2d 586· 10th Cir.· 1971-04-08 ·cited 8×
  The court held that the appellant's guilty plea was valid, as it was entered voluntarily and intelligently, and the trial court's findings were supported by the record.
• Johns v. Perini
  440 F.2d 577· 6th Cir.· 1971-03-31 ·cited 8×
  The court held that the trial transcript was inadequate to determine if the appellant was denied effective assistance of counsel due to the failure to present alibi evidence, requiring an evidentiary hearing.