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. Clyde Millner, Jr. v. Pate
  425 F.2d 249· 7th Cir.· 1970-03-10 ·cited 8×
  The court held that the district court did not err in dismissing the habeas corpus petition for failure to exhaust state remedies.
• Savage v. U. S. Parole Bd.
  422 F.2d 1248· 6th Cir.· 1970-03-06 ·cited 8×
  The court held that the prisoner was not entitled to unconditional release due to the delay in executing the parole violator warrant, as the delay was justified by awaiting the outcome of a new criminal charge.
• Grover F. Hill v. Nelson
  423 F.2d 167· 9th Cir.· 1970-03-02 ·cited 8×
  The court held that the district court correctly dismissed the habeas corpus petition because the petitioner's claims of coerced confession and incompetent counsel lacked merit.
• Parrott v. Brewer
  421 F.2d 1386· 8th Cir.· 1970-02-17 ·cited 8×
  The court affirmed the district court's denial of habeas corpus, finding that the state courts provided a full and fair evidentiary hearing on the petitioner's claims.
• Olson v. Cal. Adult Auth.
  423 F.2d 1326· 9th Cir.· 1970-02-02 ·cited 8×
  The court held that the California Adult Authority is not a 'person' under the civil rights act and that the district court lacked jurisdiction for a habeas corpus action due to improper defendant.
• Harris v. Hayden J. Dees
  421 F.2d 1079· 5th Cir.· 1970-01-30 ·cited 8×
  The court held that the petitioner's claims of ineffective assistance of counsel and due process violations regarding identification were without merit.
• Hansen v. Mathews
  424 F.2d 1205· 7th Cir.· 1970-01-29 ·cited 8×
  The court held that the petitioner's contentions regarding his guilty plea being involuntary, unknowing, or impeached were without merit, affirming the denial of his habeas corpus petition.
• Dearinger v. Rhay
  421 F.2d 1086· 9th Cir.· 1970-01-28 ·cited 8×
  The court held that the applicant lacked standing to challenge the legality of his companion's arrest, as any illegality did not violate the applicant's rights.
• Beaty v. Major General T. A. Kenan
  420 F.2d 55· 9th Cir.· 1969-12-23 ·cited 8×
  The court held that the soldier's resort to habeas corpus was not barred by failure to exhaust administrative remedies, and there was no basis in fact for the finding that he was absent without leave after receiving assurances he could await orders.
• Settler v. Lameer
  419 F.2d 1311· 9th Cir.· 1969-12-22 ·cited 8×
  The court held that the district court has jurisdiction to entertain petitions for writs of habeas corpus to test the legality of detention by order of an Indian Tribe, and that these matters should be remanded for a hearing on the merits.
• Opie v. Lenard F. Meacham
  419 F.2d 465· 10th Cir.· 1969-12-18 ·cited 8×
  The court held that the petitioner's claim of ineffective assistance of counsel was not a basis for habeas corpus relief because the alleged overlooked evidence could have been obtained with due diligence and did not render the trial a mockery of justice.
• Whitsell v. Perini
  419 F.2d 95· 6th Cir.· 1969-12-09 ·cited 8×
  The court held that the admission of the appellant's statement was harmless error, even if it violated Miranda, due to overwhelming evidence of guilt.
• United States ex rel. Heyward Speaks v. Brierley
  417 F.2d 597· 3d Cir.· 1969-10-29 ·cited 8×
  A federal court should not grant habeas corpus relief based on extrinsic evidence of a sentencing judge's intent when state courts have construed the written judgment according to established state law, as this does not violate due process or equal protection.
• United States ex rel. Nelson M. Garcia v. Follette
  417 F.2d 709· 2d Cir.· 1969-10-14 ·cited 8×
  The court held that the pretrial identification procedures did not violate due process and that other objections raised were without merit.
• Hoover v. United States
  416 F.2d 431· 6th Cir.· 1969-09-30 ·cited 8×
  A federal prisoner is generally not entitled to a transcript at government expense to prepare a motion to vacate sentence under 28 U.S.C. § 2255.
• VIA v. Perini
  415 F.2d 1052· 6th Cir.· 1969-09-18 ·cited 8×
  The court held that the appellant's claims were not properly before the court or had not exhausted state remedies, and thus the petition for a writ of habeas corpus was correctly denied.
• Lemieux v. Robbins
  414 F.2d 353· 1st Cir.· 1969-08-22 ·cited 8×
  A defendant does not have a constitutional right to complain of a 'chilling effect' on appeal when the state offers a two-step trial process with a trial de novo.
• Bratcher v. McNAMARA
  415 F.2d 760· 9th Cir.· 1969-08-12 ·cited 8×
  A military enlistee seeking discharge as a conscientious objector must exhaust available administrative remedies before seeking federal court relief.
• SP5 William S. Johnson v. Lieut.-General Beverly E. Powell
  414 F.2d 1060· 5th Cir.· 1969-07-29 ·cited 8×
  The court held that the dual enlistment system for the National Guard is a proper exercise of Congress's power to raise armies, and activation under Public Law 89-687 was lawful. The court also held that the statute allows for unit call-ups without crediting prior individual serv
• DIX v. Rollins
  413 F.2d 711· 8th Cir.· 1969-07-29 ·cited 8×
  The court held that the petitioner failed to demonstrate that his involuntary call to active duty was invalid, as the March 30, 1968 memorandum represented a new policy based on national need, not inconsistent with existing regulations, and the doctrine of estoppel does not apply
• United States ex rel. Albert LaMOLINARE v. Duggan
  415 F.2d 730· 3d Cir.· 1969-07-25 ·cited 8×
  The dissenting judge would have remanded the case for an evidentiary hearing to determine if the right to challenge the search and seizure was waived and, if not, whether the search was valid.
• Beard v. Ala. Bd. OF Corr.
  413 F.2d 455· 5th Cir.· 1969-05-30 ·cited 8×
  A prison directive barring inmates from assisting others with habeas corpus petitions is unconstitutional unless the state provides a reasonable alternative.
• Whitehead v. Rogers
  223 So. 2d 330· Fla.· 1969-05-21 ·cited 8×
  The Florida Supreme Court upheld a Circuit Court decision granting habeas corpus to a hunter arrested for hunting mourning doves on Sunday in violation of a state firearms statute. The court held that the Game and Fresh Water Fish Commission's constitutional authority to set hunt
• Megantz v. ASH
  412 F.2d 804· 1st Cir.· 1969-05-21 ·cited 8×
  Denial of a continuance may violate constitutional rights if it prevents a defendant from presenting a defense, but only if the defendant can show prejudice or a reasonable likelihood of obtaining exculpatory evidence with more time.
• Gus Lindsey, Jr. v. Perini
  409 F.2d 1341· 6th Cir.· 1969-05-08 ·cited 8×
  The court held that a belated appeal cannot be filed without a provision for it, and a timely notice of appeal is jurisdictional.
• Wilmer W. Evans v. State OF Ariz.
  410 F.2d 1122· 9th Cir.· 1969-05-07 ·cited 8×
  The court held that the appellant's claims regarding conspiracy, subornation of perjury, and prejudicial pretrial publicity did not warrant federal habeas corpus relief.
• Millard Keith v. State
  222 So. 2d 186· Fla.· 1969-04-23 ·cited 8×
  The court held that the petitioner's claims for relief based on ineffective assistance of counsel and denial of the right to appeal were without merit.
• United States ex rel. Charles Pennington v. Pate
  409 F.2d 757· 7th Cir.· 1969-04-17 ·cited 8×
  The court concurred in the result, finding that while appointment of counsel for discretionary appeals is generally required, Illinois' post-conviction procedures provide an adequate substitute for indigents.
• United States ex rel. Charles Kenny v. Hon. Harold W. Follette
  410 F.2d 1276· 2d Cir.· 1969-03-25 ·cited 8×
  The court held that the petitioner deliberately abandoned his right to challenge the validity of his prior conviction by failing to utilize available state procedures, despite being informed of his right to do so.
• Pratt v. State OF Me.
  408 F.2d 311· 1st Cir.· 1969-03-13 ·cited 8×
  The court held that a petitioner seeking federal habeas corpus relief must demonstrate a constitutional infirmity in the state court's interpretation of its own statutes, not merely that the interpretation was unreasonable.
• Drews v. State OF Minn.
  407 F.2d 1307· 8th Cir.· 1969-03-10 ·cited 8×
  The court held that while the federal district court erred in finding procedural waiver under state law, there is no federal constitutional right to pretrial disclosure of prosecution witnesses, thus affirming the denial of habeas corpus.
• Pope v. Harper
  407 F.2d 1303· 9th Cir.· 1969-02-25 ·cited 8×
  The court held that the state court's prior determination that prosecutorial comment on the defendant's failure to testify was harmless error was incorrect, and that the federal district court properly granted habeas corpus relief.
• Velasquez v. Rhay
  408 F.2d 9· 9th Cir.· 1969-02-13 ·cited 8×
  A petitioner convicted of possessing seized property has standing to challenge the constitutionality of the search and seizure, even if they deny ownership of the premises.
• United States ex rel. Edward Rybarik v. Maroney
  406 F.2d 1055· 3d Cir.· 1969-02-03 ·cited 8×
  The court held that a prisoner's parole status does not preclude habeas corpus relief if the prisoner remains in custody. It also held that a claim regarding denial of counsel for post-trial motions and appeal must first be presented to state courts.
• Harris v. Louie L. Wainwright
  406 F.2d 1· 5th Cir.· 1969-01-21 ·cited 8×
  The absence of counsel at arraignment in a capital case is a constitutional violation if there is a likelihood of prejudice, and the state bears the burden of disproving this likelihood.
• Zaffarano v. Fitzpatrick
  404 F.2d 474· 2d Cir.· 1968-12-05 ·cited 8×
  The court held that a district court has jurisdiction to entertain a habeas corpus petition alleging a sentence has been fully served, even if the petitioner could have sought relief under 28 U.S.C. § 2255. The court also affirmed the denial of the petition, finding no error in t
• Scarborough v. Louie L. Wainwright
  404 F.2d 318· 5th Cir.· 1968-12-02 ·cited 8×
  The denial of a habeas corpus petition without a hearing is affirmed, as the grounds raised were previously decided or lacked merit.
• Rollerson v. United States
  405 F.2d 1078· D.C. Cir.· 1968-11-26 ·cited 8×
  The court held that a double jeopardy claim, if not raised at trial, cannot be raised for the first time on collateral attack under 28 U.S.C. § 2255 without a reasonable explanation for the delay.
• Wright v. Olin G. Blackwell
  402 F.2d 489· 5th Cir.· 1968-11-01 ·cited 8×
  The court held that a 'remandatory release' granted by the Board of Parole is a form of parole, not a mandatory release, and therefore supervision does not automatically terminate 180 days prior to the sentence expiration.
• Wood v. Olin G. Blackwell
  402 F.2d 62· 5th Cir.· 1968-10-24 ·cited 8×
  The district court correctly denied the petition for a writ of habeas corpus because it was not the proper venue for the appellant's claims.
• Rayfield Moore v. Louie L. Wainwright
  401 F.2d 525· 5th Cir.· 1968-10-11 ·cited 8×
  The court held that fear of the death penalty, when advised by counsel regarding the risks of trial for a capital offense, does not constitute coercion invalidating a guilty plea.
• Williams v. Baker
  399 F.2d 681· 10th Cir.· 1968-08-27 ·cited 8×
  The court affirmed the denial of the prisoner's petition for a writ of habeas corpus, finding no reversible error in the trial court's rulings.
• Truman Adonis Williams v. United States
  399 F.2d 492· 9th Cir.· 1968-08-15 ·cited 8×
  The court held that the trial court and appellate court acted within their authority in reinstating a dismissed appeal under § 2255, and that pre-sentence custody credit was properly acknowledged.
• Capps v. Patterson
  398 F.2d 345· 10th Cir.· 1968-07-10 ·cited 8×
  The court affirmed the denial of the petition for habeas corpus, finding no error in the trial court's determination that the appellant consented to the search.
• MAY v. Peyton
  398 F.2d 476· 4th Cir.· 1968-06-26 ·cited 8×
  A defendant cannot constitutionally be resentenced to a term exceeding the original sentence, regardless of whether the sentences were imposed by a judge or jury.
• United States ex rel. Edward F. Mahoney v. LaVALLEE
  396 F.2d 887· 2d Cir.· 1968-06-21 ·cited 8×
  The court held that a search of an arrestee's apartment and its basement, conducted shortly after the arrest and before the arrestee was taken to the police station, was incidental to the lawful arrest and thus permissible under the Fourth Amendment.
• Woods v. Alwynn J. Cronvich
  396 F.2d 142· 5th Cir.· 1968-05-30 ·cited 8×
  Habeas corpus in the asylum state is not the appropriate method for raising constitutional questions about the validity of the indictment in the charging state.
• Benson v. Carter
  396 F.2d 319· 9th Cir.· 1968-05-17 ·cited 8×
  The court held that the California Supreme Court's decision in People v. Perez, which modified the entrapment defense, did not retroactively entitle the petitioner to federal habeas corpus relief because the California entrapment defense is based on state policy, not federal due
• Brown v. Louie L. Wainwright
  394 F.2d 153· 5th Cir.· 1968-05-01 ·cited 8×
  The court held that some claims in the habeas petition were sufficiently stated to require an evidentiary hearing, while others were not.
• United States ex rel. Melville R. Anderson v. FAY
  394 F.2d 109· 2d Cir.· 1968-04-29 ·cited 8×
  The court held that the witness testimony was not so incredible as to constitute 'no evidence' and that the hearing was not deficient.