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. 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.
• United States ex rel. James Edward Hill v. Pinto
  394 F.2d 470· 3d Cir.· 1968-04-23 ·cited 8×
  The court held that a federal habeas court must conduct an evidentiary hearing to determine if a petitioner deliberately bypassed their right to object to the admission of involuntary statements, and that statements obtained in violation of Escobedo or coercion cannot be used for
• Cotner v. Henry
  394 F.2d 873· 7th Cir.· 1968-04-17 ·cited 8×
  The dissenting judge would affirm the district court's decision, disagreeing with the majority's grant of relief.
• Thompson v. Wingate White
  391 F.2d 724· 5th Cir.· 1968-03-05 ·cited 8×
  The court held that the appellant is entitled to an evidentiary hearing on his habeas corpus petition because the district court lacked a sufficient basis to evaluate the state court's decision regarding the admissibility of evidence.
• Alberta Potter v. LaMUNYON
  389 F.2d 874· 10th Cir.· 1968-03-01 ·cited 8×
  Judges are immune from civil liability for acts done within their general jurisdiction, even if erroneous, and officers carrying out court orders are protected if acting in good faith.
• Rennia Wright v. United States
  391 F.2d 542· 9th Cir.· 1968-01-30 ·cited 8×
  The court affirmed the dismissal of the petition for habeas corpus and suit for declaratory judgment, denying the appellant's claims.
• Petition of Marc Barry
  388 F.2d 592· 3d Cir.· 1968-01-18 ·cited 8×
  The court held that the defendant had not exhausted his state remedies under New Jersey's post-conviction relief rules before seeking federal habeas corpus, and thus the district court's denial of the writ was affirmed on that basis.
• Howard v. Olin G. Blackwell
  389 F.2d 84· 5th Cir.· 1967-12-21 ·cited 8×
  The court held that a federal convict is not entitled to credit for presentence incarceration if sentenced before the effective date of the amendment to 18 U.S.C. § 3568.
• Porter v. DeWitt Sinclair
  389 F.2d 277· 5th Cir.· 1967-12-15 ·cited 8×
  The court held that the district court erred in denying a habeas corpus petition without a hearing when the petitioner alleged constitutional grounds for relief and offered to present further evidence.
• Litton v. Beto
  386 F.2d 820· 5th Cir.· 1967-12-15 ·cited 8×
  The court held that a federal court must grant an evidentiary hearing on a habeas corpus petition alleging a guilty plea was induced by intimidation regarding prior convictions.
• Woolsey v. Beto
  387 F.2d 138· 5th Cir.· 1967-12-13 ·cited 8×
  The court held that the motion to remand should be granted to allow further development of facts regarding the appellant's claims.
• Jones C. Allred v. Peyton
  385 F.2d 360· 4th Cir.· 1967-11-07 ·cited 8×
  The court held that the prisoner's letter to his attorney did not sufficiently assert his right to counsel for an appeal, thus his habeas corpus petition should be denied.
• Witcher v. Peyton
  382 F.2d 707· 4th Cir.· 1967-09-01 ·cited 8×
  The court held that the district court erred in dismissing the petition without a hearing, as the allegations of racial discrimination in jury selection, if true, state a prima facie case.
• Haggard v. Henderson
  382 F.2d 288· 6th Cir.· 1967-08-30 ·cited 8×
• Swenson v. Donnell
  382 F.2d 248· 8th Cir.· 1967-08-08 ·cited 8×
  The court held that the principles of Douglas v. California, requiring appointed counsel for indigent defendants on appeal, must be applied retroactively to pre-Douglas convictions.
• Scruggs v. Henderson
  380 F.2d 981· 6th Cir.· 1967-07-31 ·cited 8×
  The court held that the prisoner's petition did not raise a federal constitutional question and therefore the district court correctly denied his application for habeas corpus.
• United States ex rel. Alfred Schnitzler v. Follette
  379 F.2d 846· 2d Cir.· 1967-07-14 ·cited 8×
  The dissenting judge would affirm the lower court's decision, finding the search warrant constitutionally deficient.
• Herzig v. State
  200 So. 2d 632· Fla. 4th DCA· 1967-06-19 ·cited 8×
  This case addresses the procedure for court-appointed counsel to withdraw from an appeal when they believe the appeal is frivolous. The court adopts the method outlined by the U.S. Supreme Court in Anders v. California, requiring counsel to file a brief detailing potential argume
• Bishop v. The Med. Superintendent OF the Ionia State Hosp.
  377 F.2d 467· 6th Cir.· 1967-05-23 ·cited 8×
  The court held that the district court did not lose jurisdiction when the petitioner was transferred to a different district, and that the petitioner must exhaust state remedies.
• Naugle v. State OF Okla.
  375 F.2d 424· 10th Cir.· 1967-03-23 ·cited 8×
  The court held that the petitioner had not exhausted his state remedies and affirmed the trial court's judgment.
• United States ex rel. Anthony Vitiello v. Flood
  374 F.2d 554· 2d Cir.· 1967-03-15 ·cited 8×
  The court held that the Miranda rule does not apply to interstate rendition proceedings, and the evidence presented was sufficient to support the finding of probable cause for rendition.
• United States ex rel. Fred DeLUCIA & Salvator Montella v. McMANN
  373 F.2d 759· 2d Cir.· 1967-03-07 ·cited 8×
  The court vacated the district court's denial of habeas corpus and directed dismissal without prejudice, allowing New York courts to reconsider the claims in light of Parker v. Gladden.
• James v. Rini
  374 F.2d 836· 7th Cir.· 1967-03-06 ·cited 8×
  The court held that a defendant pleading guilty under Rule 20 without counsel, despite the district court's statement that counsel was not required, was denied his Sixth Amendment right to counsel.
• Wilson v. Wilson
  372 F.2d 211· 9th Cir.· 1967-02-08 ·cited 8×
  The court held that the denial of leave to proceed in forma pauperis was an error, as the petitioner's allegations, though conclusory, were not foreclosed by precedent and warranted further proceedings.
• Murphy v. Louie L. Wainwright
  372 F.2d 942· 5th Cir.· 1967-02-02 ·cited 8×
  The court held that the factual allegations regarding a coerced guilty plea warranted a plenary hearing.
• Stem v. Turner
  370 F.2d 895· 4th Cir.· 1966-12-09 ·cited 8×
  The court held that the district judge should have granted a plenary hearing on the appellant's claims of ineffective counsel, particularly regarding the failure to object to evidence obtained from a warrantless search.
• Durham v. Haynes
  368 F.2d 989· 8th Cir.· 1966-12-02 ·cited 8×
  The court held that the appellant's claims of constitutional violations during his state trial do not warrant federal habeas corpus relief because they amount to mere procedural errors, not a denial of due process.
• Hawks v. Peyton
  370 F.2d 123· 4th Cir.· 1966-12-01 ·cited 8×
  The court held that the state trial judge did not abuse his discretion in refusing to order a pretrial mental examination or commitment for observation, as the evidence presented did not demonstrate sufficient grounds to believe the defendant was mentally incompetent to stand tri
• Crockett v. Haskins
  372 F.2d 475· 6th Cir.· 1966-11-17 ·cited 8×
  A voluntary guilty plea entered with competent counsel waives all non-jurisdictional defects in prior proceedings.
• Moorer v. State OF S.C. & Ellis C. MacDougall
  368 F.2d 458· 4th Cir.· 1966-09-26 ·cited 8×
  The court held that a new trial is required because the jury was informed of an inculpatory statement without a proper determination of its voluntariness.
• United States ex rel. Leslie D. Stickler v. Tehan
  365 F.2d 199· 6th Cir.· 1966-08-19 ·cited 8×
  The court held that the reporting of a co-defendant's death, without more, did not create a presumption of jury partiality requiring interrogation, and that the trial court did not abuse its discretion.
• United States ex rel. John Lowry v. Myers
  364 F.2d 297· 3d Cir.· 1966-07-29 ·cited 8×
  The admission of a defendant's prior criminal record, even when limited to penalty determination, violates due process if it prejudices the jury's consideration of guilt, especially when the death penalty is withdrawn.
• Miller v. State OF Okla.
  363 F.2d 843· 10th Cir.· 1966-07-25 ·cited 8×
  The federal court correctly denied immediate release and affirmed the dismissal of the habeas corpus petition, as state remedies must be exhausted and state constitutional challenges are not grounds for federal habeas corpus.
• Choate v. Wilson
  363 F.2d 543· 9th Cir.· 1966-07-13 ·cited 8×
  The court affirmed the denial of the application for habeas corpus on an alternative ground, suggesting the petitioner might still have state appellate remedies.
• United States ex rel. Codarre v. Gilligan
  363 F.2d 961· 2d Cir.· 1966-06-28 ·cited 8×
  The court held that the petitioner was not denied due process regarding his guilty plea to murder.
• Hedberg v. Pitchess
  362 F.2d 511· 9th Cir.· 1966-06-06 ·cited 8×
  The court held that the district court erred in denying the habeas corpus petition solely on the ground of failure to exhaust state remedies, as the petitioner had exhausted all available state remedies and was not required to petition the Supreme Court for certiorari.
• Cade v. Balkcom
  361 F.2d 212· 5th Cir.· 1966-05-17 ·cited 8×
  Federal habeas corpus relief is not available for claims that do not violate fundamental liberties or for ineffective assistance of counsel unless egregious misconduct is proven, and state remedies must be exhausted.
• United States ex rel. Charles Townsend v. Ogilvie
  360 F.2d 925· 7th Cir.· 1966-05-17 ·cited 8×
  The district court correctly followed this court's mandate and therefore could not permit amendment of the petition.
• Proctor v. Anderson
  361 F.2d 557· D.C. Cir.· 1966-05-12 ·cited 8×
• Rodriguez v. Hanchey
  359 F.2d 724· 5th Cir.· 1966-05-03 ·cited 8×
  The court held that the search and seizure were lawful as incident to a lawful arrest, and that the appellant received effective assistance of counsel.
• Buchanan v. State of Fla. ex rel. Verne L. Bartling
  185 So. 2d 509· Fla. 3d DCA· 1966-04-26 ·cited 8×
  A court should not discharge a person arrested under a governor's rendition warrant if there is merely contradictory evidence regarding their presence in the demanding state.
• Bates v. Meadows
  358 F.2d 674· 6th Cir.· 1966-03-28 ·cited 8×
  The court held that the petitioner failed to prove by a preponderance of the evidence that his guilty plea was not voluntarily and understandingly made.
• State of Fla. ex rel. Joseph B. Hyde v. Thursby
  184 So. 2d 505· Fla. 1st DCA· 1966-03-24 ·cited 8×
  The court held that the evidence presented was insufficient to deny the defendant bail pending trial for first-degree murder.
• King v. State OF Cal.
  356 F.2d 950· 9th Cir.· 1966-02-04 ·cited 8×
  The court held that a petition for a writ of habeas corpus is fatally defective if no respondent is named or served, and if the petitioner does not claim entitlement to immediate release.
• Welch v. Beto
  355 F.2d 1016· 5th Cir.· 1966-02-03 ·cited 8×
  The court held that the state trial judge's denial of a post-conviction sanity hearing, despite unrefuted expert testimony raising reasonable doubt, violated due process under Texas statutes and the Fourteenth Amendment.
• United States ex rel. Erskine Gates v. Pate
  355 F.2d 879· 7th Cir.· 1966-01-20 ·cited 8×
  The court held that the relator's constitutional rights were not violated and he received a fair trial, affirming the denial of his petition for a writ of habeas corpus.
• White v. Parker L. Hancock
  355 F.2d 262· 1st Cir.· 1966-01-17 ·cited 8×
  The court held that the district court erred in dismissing the habeas corpus petition without a hearing, as the evidence regarding the defendant's waiver of rights was inconclusive.
• Patterson v. Hampton
  355 F.2d 470· 10th Cir.· 1966-01-06 ·cited 8×
  The petitioner failed to exhaust state remedies under Rule 35(b), Colorado Rules of Criminal Procedure, which is an adequate and available mechanism to test the constitutional issue raised.
• Elgin Campbell v. United States
  355 F.2d 394· 7th Cir.· 1966-01-06 ·cited 8×
  A petitioner's waiver of a direct appeal forecloses collateral attack on issues that could have been raised on direct appeal, even if those issues involve constitutional rights.
• Barber v. Page
  355 F.2d 171· 10th Cir.· 1966-01-03 ·cited 8×
  The court held that the federal district court must first determine whether state remedies have been exhausted before considering the merits of a habeas corpus petition.