Habeas Corpus

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

• Benitez-Manrique v. Col. Harry P. Micheli
  439 F.2d 1173· 1st Cir.· 1971-03-22 ·cited 8×
  The court held that the petitioner failed to present a prima facie case for reopening his classification or for a medical interview, and thus the Board's actions were not erroneous.
• Dodd v. United States Marshal & Wash. State Bd. of Paroles & Pardons & Dir.
  439 F.2d 774· 2d Cir.· 1971-03-22 ·cited 8×
  A federal prisoner is not considered 'in custody' of a state for habeas corpus purposes unless that state has filed a detainer with the prisoner's custodian.
• Hines v. Sargent Pitcher
  440 F.2d 792· 5th Cir.· 1971-03-19 ·cited 8×
• Valdez v. People OF the State OF Cal.
  439 F.2d 1405· 9th Cir.· 1971-03-19 ·cited 8×
  The District Court erred in summarily denying the habeas corpus petition without an evidentiary hearing or reviewing the state court record.
• Ector v. Smith
  438 F.2d 975· 5th Cir.· 1971-02-12 ·cited 8×
• Meade v. COX
  438 F.2d 323· 4th Cir.· 1971-02-04 ·cited 8×
  The court held that the seizures of the pistols were legal and the defendant's statement was admissible, or at least harmless error.
• Denzil R. Allen v. Rolland F. VanCANTFORT
  436 F.2d 625· 1st Cir.· 1971-01-12 ·cited 8×
  A federal court may review alleged errors of federal statutory law committed by a military court in a habeas corpus petition, and a guilty plea to a capital offense is permissible if the court-martial cannot impose the death penalty.
• Price v. Beto
  436 F.2d 1070· 5th Cir.· 1971-01-07 ·cited 8×
  A guilty plea to an enhancement charge waives challenges to prior convictions used for enhancement, and the Miranda rule does not apply retroactively to convictions prior to its decision.
• Bean v. Louie L. Wainwright
  437 F.2d 112· 5th Cir.· 1971-01-07 ·cited 8×
  The court held that the appeal was untimely filed, divesting the district court of jurisdiction to issue a certificate of probable cause.
• Jackson v. COX
  435 F.2d 1089· 4th Cir.· 1970-12-30 ·cited 8×
  A guilty plea is voluntary and intelligent if counsel's advice was within the range of competence demanded of attorneys in criminal cases, even if the defendant pleaded guilty due to a prior coerced confession.
• Jones v. Sheriff Bill Decker
  436 F.2d 954· 5th Cir.· 1970-12-30 ·cited 8×
  The court held that a civil rights action is a supplemental remedy and does not require exhaustion of state remedies, but a habeas corpus petition does.
• White v. Gaffney
  435 F.2d 1241· 10th Cir.· 1970-12-28 ·cited 8×
  A guilty plea induced by a prosecutor's broken promise regarding a sentence recommendation is involuntary and void, even if the recommendation's effectiveness is uncertain.
• Dennis v. Henderson
  435 F.2d 1288· 5th Cir.· 1970-12-18 ·cited 8×
  The court held that the district court's denial of the petition for habeas corpus was not erroneous, affirming the lower court's decision.
• Parisi v. Major General Phillip B. Davidson
  435 F.2d 299· 9th Cir.· 1970-12-03 ·cited 8×
  Federal civilian courts should not entertain habeas corpus petitions from military prisoners until all available remedies within the military court system have been exhausted, including pending court-martial proceedings and appeals.
• Austin v. Perini
  434 F.2d 752· 6th Cir.· 1970-11-27 ·cited 8×
  A voluntary guilty plea, entered with competent counsel, waives all non-jurisdictional defects, including claims of prior constitutional violations or coerced confessions.
• Malone v. Louie L. Wainwright
  433 F.2d 927· 5th Cir.· 1970-11-13 ·cited 8×
  The court held that the district court erred in not considering the denial of counsel issue and in failing to make operative findings of fact regarding the arrest.
• James v. State
  241 So. 2d 383· Fla.· 1970-11-12 ·cited 8×
  Roosevelt James was indicted for first-degree murder and sought bail through habeas corpus petition after the primary eyewitness died. The Florida Supreme Court upheld the Circuit Court's denial of bail, holding that the transcript of the deceased witness's testimony—which he had
• Shepherd v. Nelson
  432 F.2d 1045· 9th Cir.· 1970-10-29 ·cited 8×
  The court held that the dismissal of the prisoner's habeas corpus petition was proper because the claims raised were either conclusory, unsupported by facts, or did not rise to the level of a constitutional due process violation.
• Shiflett v. Commonwealth OF Va.
  433 F.2d 124· 4th Cir.· 1970-10-19 ·cited 8×
  The majority's retroactive application of the Nelson ruling to find ineffective assistance of counsel based on pre-Nelson legal standards is improper.
• United States ex rel. Dominick Sabella v. Hon. H. W. Follette
  432 F.2d 572· 2d Cir.· 1970-10-13 ·cited 8×
  The court affirmed the denial of the habeas corpus petition, finding no constitutional error in the state court convictions.
• Thomas v. Decker
  434 F.2d 1033· 5th Cir.· 1970-10-12 ·cited 8×
  A federal court may consider a habeas corpus petition on its merits if the petitioner has already raised the issues on direct appeal to the highest state court, even if state habeas relief has not been sought.
• Wade v. Carsley
  433 F.2d 68· 5th Cir.· 1970-10-12 ·cited 8×
  Imprisonment for inability to pay a fine, extending beyond the statutory maximum for the offense, violates the Equal Protection Clause of the Fourteenth Amendment.
• United States ex rel. Charles A. Wright v. Woods
  432 F.2d 1143· 7th Cir.· 1970-10-08 ·cited 8×
  The court held that police may forcibly enter an apartment to make arrests for a gambling offense without a warrant, provided they have probable cause and announce their authority and purpose.
• Collins v. State
  432 F.2d 60· 5th Cir.· 1970-09-23 ·cited 8×
  The court held that the district court properly denied relief on the appellant's petitions, finding no basis for a Civil Rights action or habeas corpus relief.
• Kreiling v. Field
  431 F.2d 638· 9th Cir.· 1970-09-14 ·cited 8×
  The court held that the appellant's waiver of counsel was intelligent and that an evidentiary hearing was not required. The denial of the petition for a writ of habeas corpus is affirmed.
• Watson v. Montgomery
  431 F.2d 1083· 5th Cir.· 1970-08-31 ·cited 8×
• Seybold v. Cady
  431 F.2d 683· 7th Cir.· 1970-08-20 ·cited 8×
  The court held that the district court properly denied the habeas corpus petitions for failure to exhaust state remedies, as the petitioner had not presented all his claims to the Wisconsin courts.
• Murray v. Page
  429 F.2d 1359· 10th Cir.· 1970-08-11 ·cited 8×
  The court held that the minimal due process rights of notice and a hearing at parole revocation are not to be applied retroactively to cases decided before the new rule was established.
• United States ex rel. Dennis Rasmussen v. Commanding Officer
  430 F.2d 832· 8th Cir.· 1970-08-06 ·cited 8×
  The court held that a registrant must establish a prima facie case for a dependency deferment by alleging facts showing financial dependence and extreme hardship to the dependent; otherwise, the Selective Service Board is not required to reopen the classification, and procedural
• United States ex rel. John Amos Jennings v. State of Pa.
  429 F.2d 522· 3d Cir.· 1970-07-24 ·cited 8×
  The court held that the district court erred in dismissing the habeas corpus petition for lack of jurisdiction, as the prisoner's custodian could have been named as respondent.
• McArthur Harris v. State OF Ala.
  429 F.2d 1236· 5th Cir.· 1970-07-23 ·cited 8×
  The court held that a prisoner is not required to appeal a denial of coram nobis relief in state court to exhaust state remedies for federal habeas corpus.
• United States ex rel. Murray Dickerson v. Rundle
  430 F.2d 462· 3d Cir.· 1970-07-21 ·cited 8×
  The dissenting judge argues that the bring-up proceeding, authorized by a judicial officer, constituted a critical stage requiring counsel, making the subsequent confession inadmissible.
• Martinez v. Patterson
  429 F.2d 844· 10th Cir.· 1970-07-15 ·cited 8×
  The court held that constitutional due process does not require appointed counsel, confrontation of witnesses, or compulsory process at state parole revocation hearings, and that the equal protection clause does not mandate counsel for preparing written statements in such proceed
• Application of Dennis A. Tavlos
  429 F.2d 859· 5th Cir.· 1970-07-13 ·cited 8×
  The dissenting judge believes there was a factual basis for the Army's denial of the discharge application, which would require affirming the district court's judgment.
• Berald Herlin Andry v. Henderson
  429 F.2d 26· 5th Cir.· 1970-07-06 ·cited 8×
  A defendant is denied effective assistance of counsel if counsel fails to advise him of his right to appeal or obtain his informed consent to forego that right.
• Olvera v. Beto
  429 F.2d 131· 5th Cir.· 1970-07-02 ·cited 8×
  The court held that the case should be remanded to allow Texas state courts an opportunity to interpret the application of Burgett v. Texas to the penalty stage of a bifurcated trial, citing principles of comity and federalism.
• Reizenstein v. Sigler
  428 F.2d 702· 8th Cir.· 1970-06-30 ·cited 8×
  The court held that the state courts failed to provide a constitutionally adequate hearing on the voluntariness of the petitioner's confession, requiring a remand for a proper determination or a new trial.
• Isiah Hamilton v. State
  237 So. 2d 255· Fla. 2d DCA· 1970-06-17 ·cited 8×
  Hamilton appeals denial of post-conviction relief under Florida Criminal Procedure Rule 1.850 based on newly discovered witnesses to an alleged robbery. The court holds that while coram nobis concepts may inform 1.850 petitions, claims based solely on newly discovered evidence mu
• United States ex rel. Victor Amuso v. LaVALLEE
  427 F.2d 328· 2d Cir.· 1970-06-01 ·cited 8×
  The court held that the petitioner's guilty plea was not unconstitutionally obtained, as it was not conditioned on a waiver of his right to appeal.
• Pope v. Turner
  426 F.2d 783· 10th Cir.· 1970-05-26 ·cited 8×
  The court held that the district court erred in dismissing the habeas corpus petition without a hearing, as the petition raised substantial factual issues requiring resolution.
• von Utter v. Tulloch
  426 F.2d 1· 1st Cir.· 1970-05-14 ·cited 8×
  The court held that the search warrant was invalid because the affidavit did not establish probable cause, and the subsequent arrest was tainted by the invalid warrant.
• Cleophus Young v. State OF Ala.
  427 F.2d 177· 5th Cir.· 1970-05-12 ·cited 8×
  A federal habeas corpus petitioner who has presented a claim to the highest state court has exhausted state remedies, even if the claim was raised on direct appeal rather than in a collateral proceeding.
• Richardson v. The State OF Tex.
  425 F.2d 1372· 5th Cir.· 1970-05-12 ·cited 8×
  The court held that the federal habeas court correctly denied an evidentiary hearing because the state court had already provided a full and fair hearing on the claims.
• Darwin Murphy v. Turner
  426 F.2d 422· 10th Cir.· 1970-05-08 ·cited 8×
  The court held that parole revocation hearings do not require the full panoply of due process rights, only general fairness, and that the Board's actions met this standard.
• Stanford Yates v. Wingo
  425 F.2d 1167· 6th Cir.· 1970-05-05 ·cited 8×
  The court held that the petitioner was entitled to an evidentiary hearing on his habeas corpus petition.
• United States ex rel. Salvador Agron v. Ross E. Herold, M.D.
  426 F.2d 125· 2d Cir.· 1970-04-30 ·cited 8×
  The court held that the appellant waived his claim of prejudicial pre-trial publicity by deliberately failing to raise it at trial and on appeal.
• Forbes v. Louie L. Wainwright
  425 F.2d 724· 5th Cir.· 1970-04-28 ·cited 8×
  The court held that the appeal was timely filed and that the appellant was denied no federally protected right, affirming the district court's denial of habeas corpus relief.
• Ruiz v. Craven
  425 F.2d 235· 9th Cir.· 1970-04-23 ·cited 8×
  The court held that the search of the defendant's house was unlawful as it was not incident to a lawful arrest and lacked exigent circumstances, and statements made thereafter were fruit of the poisonous tree.
• Cindle v. Page
  424 F.2d 509· 10th Cir.· 1970-04-22 ·cited 8×
  The federal court must independently assess constitutional claims of state prisoners, even if state courts have ruled on them.
• Chapman v. State OF Cal.
  423 F.2d 682· 9th Cir.· 1970-03-24 ·cited 8×
  California did not waive jurisdiction over the parolee by deporting him, and no evidentiary hearing was necessary.