Habeas Corpus

18,785 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Keene v. Cochran
  146 So. 2d 364· Fla.· 1962-11-07 ·cited 8×
  The court held that sentences imposed without prior notice to the minor defendant's parents or guardian, as required by statute, are void.
• United States ex rel. Nathan Jackson v. Denno
  309 F.2d 573· 2d Cir.· 1962-11-02 ·cited 8×
  The court held that the introduction of the appellant's statement did not deprive him of a constitutional right to a fair trial, as it was voluntarily given and counsel strategically chose not to object.
• United States ex rel. Charles Glinton v. Denno
  309 F.2d 543· 2d Cir.· 1962-11-01 ·cited 8×
  The court held that the district attorney's actions did not coerce the defendant's statements, and the defendant was not denied constitutional rights.
• TOM v. State of Fla. ex rel. Johnny TOM
  143 So. 2d 226· Fla. 2d DCA· 1962-07-06 ·cited 8×
  This case involves a jurisdictional defect in a habeas corpus appeal. The court dismissed the appeal because the notice of appeal was filed before the trial court's judgment was formally rendered, depriving the appellate court of jurisdiction despite the parties' subsequent stipu
• Breaton v. United States
  303 F.2d 557· 8th Cir.· 1962-06-19 ·cited 8×
  The court held that the appellant failed to exhaust his remedies under 28 U.S.C.A. § 2255 by not seeking certiorari from the Sixth Circuit's decision, and thus the district court lacked jurisdiction to entertain his habeas corpus petition.
• MacOmber v. Gladden
  304 F.2d 487· 9th Cir.· 1962-06-01 ·cited 8×
  The court held that the district court correctly dismissed the federal habeas corpus petition because the appellant had not yet exhausted his remedies under the Oregon Post-Conviction Hearing Act.
• Pasquale DiCESARE v. Chernenko
  303 F.2d 423· 4th Cir.· 1962-05-10 ·cited 8×
  The court held that habeas corpus was unavailable, the issue was moot due to indictment, and the order was interlocutory, thus not immediately appealable.
• Olin G. Blackwell v. Edwards
  303 F.2d 103· 9th Cir.· 1962-05-09 ·cited 8×
  Military regulations, not 18 U.S.C. § 4161, govern the computation of 'good time' for military prisoners serving sentences in federal institutions. Prisoners continue to earn good time at the 14.8 days per month rate even on time served after forfeiture.
• Brown v. Kearney
  302 F.2d 22· 5th Cir.· 1962-05-02 ·cited 8×
  A federal prisoner serving consecutive sentences imposed by different courts does not commence serving the second sentence on the date of mandatory release from the first.
• Petition of William G. Thompson for a Writ of Habeas Corpus. William G. Thompson
  301 F.2d 659· 3d Cir.· 1962-04-10 ·cited 8×
  The court held that a federal district court may deny a state prisoner's habeas corpus petition on the merits even if state remedies have not been exhausted.
• Galloway v. United States
  302 F.2d 457· 10th Cir.· 1962-03-27 ·cited 8×
  A warrant of removal is not an appealable order.
• Torrance v. Salzinger
  297 F.2d 902· 3d Cir.· 1962-01-10 ·cited 8×
  The court held that the petitioner had not exhausted available state remedies for his claim of insufficient evidence, and that his other claims regarding prejudicial publicity and the admission of co-defendant testimony were without merit.
• Kirby v. Warden, Maryland Penitentiary
  296 F.2d 151· 4th Cir.· 1961-11-15 ·cited 8×
  The court held that the trial judge's remarks during sentencing, even if viewed unfavorably, did not render the proceedings unconstitutional or a nullity.
• United States ex rel. Edward Aleen v. Murphy
  295 F.2d 385· 2d Cir.· 1961-10-20 ·cited 8×
  The court held that the relator had not demonstrated exhaustion of state remedies, thus denying his application for habeas corpus.
• Wiman v. Powell
  293 F.2d 605· 5th Cir.· 1961-07-13 ·cited 8×
• Giles v. Cochran
  129 So. 2d 426· Fla.· 1961-05-03 ·cited 8×
  The Florida Supreme Court granted a writ of habeas corpus to a petitioner who alleged his parents were not notified of his trial for escape, as required by statute for minors. The court found his imprisonment illegal due to this procedural defect.
• Eckman v. Byington
  290 F.2d 1· 9th Cir.· 1961-04-26 ·cited 8×
  The court held that the petitioner's appeal was not taken in good faith and denied leave to appeal in forma pauperis.
• Liang v. United States Dep't OF Just.
  290 F.2d 614· 9th Cir.· 1961-03-30 ·cited 8×
  The court held that the petitioner's ambiguous references to the China Area Aid Act were insufficient to establish his claim that he was entitled to remain in the country.
• McDONALD v. Frates
  127 So. 2d 695· Fla. 3d DCA· 1961-03-06 ·cited 8×
  Police arrested two individuals for violating town ordinances, transported them to a hospital for medical treatment, and then returned them to the police station where they were booked. The appellees challenged their detention via habeas corpus, arguing the arrest and transportat
• Gorman v. Cochran
  127 So. 2d 667· Fla.· 1961-03-01 ·cited 8×
  A guilty plea to an information charging felony escape precludes a habeas corpus challenge to the factual basis of the charge. Subsequent convictions cannot be challenged in the current habeas corpus proceeding.
• United States ex rel. James Morris Fletcher v. Cavell
  287 F.2d 792· 3d Cir.· 1961-02-23 ·cited 8×
  The court held that a juror's failure to disclose his close relationship with a material witness and investigator, combined with his belief in that witness's testimony, created an intolerable situation and a fundamentally unfair trial, violating due process.
• Wilson v. Sigler
  285 F.2d 372· 8th Cir.· 1961-01-20 ·cited 8×
  The court held that the petitioner's claims did not demonstrate a denial of due process regarding the admissibility of his confessions, as the state court record supported the finding that the confessions were voluntary and counsel had opportunities to present evidence.
• Schmidt v. United States
  286 F.2d 11· 5th Cir.· 1961-01-13 ·cited 8×
  A motion under 28 U.S.C.A. § 2255 is not a substitute for a direct appeal and cannot be used to challenge mere trial errors or defects that do not render the judgment void.
• Edwards v. Madigan
  281 F.2d 73· 9th Cir.· 1960-07-15 ·cited 8×
  The court held that Article 57(b) of the Uniform Code of Military Justice does not mandate concurrent sentencing for multiple military convictions, and Army Regulation 633-30, which provides for interrupted sentences, is consistent with the statute.
• United States ex rel. Joseph Michael Dentico v. Esperdy
  280 F.2d 71· 2d Cir.· 1960-06-24 ·cited 8×
  The court affirmed the district court's dismissal of the habeas corpus petition, finding the deportation hearing fair and the relator's claims without merit.
• McCARY v. State OF Kan.
  281 F.2d 185· 10th Cir.· 1960-06-16 ·cited 8×
  A state is not required to bring a defendant to trial on a state charge during the period of their confinement in a federal penal institution on a federal charge.
• Otto H. Fischer v. Lt. Gen. Clark L. Ruffner
  277 F.2d 756· 5th Cir.· 1960-04-26 ·cited 8×
  The court held that civil courts cannot review court-martial proceedings via habeas corpus for errors of law or fact, such as the statute of limitations, unless there is an absolute want of jurisdiction or a denial of due process.
• Morris v. Mayo
  277 F.2d 103· 5th Cir.· 1960-04-14 ·cited 8×
  The court held that a federal court will not consider claims on habeas corpus that were not raised in the state tribunal, affirming the denial of the writ.
• United States ex rel. Samuel Tito Williams v. la Vallee
  276 F.2d 645· 2d Cir.· 1960-03-28 ·cited 8×
  The court affirmed the district court's denial of the petition for a writ of habeas corpus because the relator failed to exhaust state remedies.
• Lewis v. Winfred Overholser
  274 F.2d 592· D.C. Cir.· 1960-01-07 ·cited 8×
  The court held that a petitioner alleging regained sanity is entitled to a hearing on his habeas corpus petition, even if the claim seems unlikely.
• Whiting v. Chew
  273 F.2d 885· 4th Cir.· 1960-01-04 ·cited 8×
  The court held that the District Court lacked jurisdiction to issue a writ of habeas corpus because the petitioner was not within its territorial jurisdiction and not in the physical custody of the named defendant.
• Armstrong v. Bannan
  272 F.2d 577· 6th Cir.· 1959-12-10 ·cited 8×
  The court held that the applicant's claims did not present a sufficient case to warrant the issuance of a writ of habeas corpus, thus denying a certificate of probable cause for appeal.
• Brown v. Smyth
  271 F.2d 227· 4th Cir.· 1959-10-19 ·cited 8×
  A guilty plea is not rendered involuntary by an attorney's advice that a not guilty plea could result in the death penalty, especially when the allegations are unsubstantiated.
• Cheng FU Sheng and Lin Fu Mei v. Barber
  269 F.2d 497· 9th Cir.· 1959-08-10 ·cited 8×
  The court held that the record established a "fear of persecution" under Section 6 of the Refugee Relief Act of 1953, making it unnecessary to determine the country of last residence or to deny relief based on termination of nonimmigrant status.
• McNEAL v. Culver
  113 So. 2d 381· Fla.· 1959-07-01 ·cited 8×
  The court held that the petitioner's claims of denial of counsel and a copy of the information were not supported by the record and that any right to a copy of the information was waived.
• Mandel v. Heritage
  267 F.2d 852· 9th Cir.· 1959-06-05 ·cited 8×
  A prisoner rearrested for parole violation forfeits previously earned good time credits and is only entitled to earn good time on the remaining unserved sentence.
• George v. Baxter
  268 F.2d 40· 9th Cir.· 1959-05-28 ·cited 8×
  The court held that the appellant's claims of coerced admissions, illegal search and seizure, use of false testimony, statutory violations, and denial of appellate review were without merit.
• Johnson v. Rhay
  266 F.2d 530· 9th Cir.· 1959-04-29 ·cited 8×
  The court held that the imposition of a penitentiary sentence after serving jail time as a condition of probation does not constitute double jeopardy, and failure to advise a probationer of statutory rights does not violate due process.
• Bailey v. Henslee
  264 F.2d 744· 8th Cir.· 1959-04-03 ·cited 8×
  The court held that the appellant waived his constitutional right to compulsory process by failing to raise the issue on direct appeal and that habeas corpus cannot serve as a substitute for an appeal.
• Ellison v. United States
  263 F.2d 395· 10th Cir.· 1959-01-22 ·cited 8×
  The court held that a prisoner serving a state sentence cannot use § 2255 to challenge a federal sentence he is not yet serving.
• Curtis v. Tower
  262 F.2d 166· 6th Cir.· 1959-01-07 ·cited 8×
  The court held that the appellant's complaint failed to establish a case or controversy because the defendants were not served with process, and thus the appeal must be dismissed.
• Grisham v. Taylor
  261 F.2d 204· 3d Cir.· 1958-11-20 ·cited 8×
  A civilian employee serving with the armed forces overseas, even for a capital offense, can be subject to court-martial jurisdiction, distinguishing them from wives accompanying military personnel.
• Parker v. Ellis
  258 F.2d 937· 5th Cir.· 1958-08-29 ·cited 8×
  The court held that the state was not constitutionally obligated to provide counsel for a non-capital offense, and the trial was not fundamentally unfair.
• State ex rel. H. A. Walters v. Blackburn
  104 So. 2d 19· Fla.· 1958-06-18 ·cited 8×
  The Florida Supreme Court held unconstitutional a statute prohibiting gasoline price signs within 15 feet of public street rights-of-way, finding no reasonable relationship between the restriction and public safety.
• Henderson v. Bannan
  256 F.2d 363· 6th Cir.· 1958-06-04 ·cited 8×
  The dissent argues that the defendant was denied due process because he was not afforded counsel during a critical stage of the criminal proceedings, and his waiver of counsel was not intelligent or knowing.
• The United States v. Murphy
  254 F.2d 438· 2d Cir.· 1958-04-15 ·cited 8×
  The court held that the petitioner's allegations did not demonstrate a denial of due process, even if proven true.
• Frost v. Yankwich
  254 F.2d 633· 9th Cir.· 1958-04-09 ·cited 8×
  The court held that a writ of mandamus is not appropriate to challenge a removal order when the lower court did not act in excess of its jurisdiction, and that habeas corpus is not a means to test the right to remove, which is final.
• United States ex rel. Harold D. Rogers v. Richmond
  252 F.2d 807· 2d Cir.· 1958-02-20 ·cited 8×
  The Court held that the District Court abused its discretion by failing to obtain and examine the state trial record before conducting a de novo hearing in a habeas corpus proceeding.
• Arsenault v. Gavin
  248 F.2d 777· 1st Cir.· 1957-10-30 ·cited 8×
  The court held that federal habeas corpus relief is unavailable because the petitioner failed to exhaust state remedies by not presenting his federal constitutional claims to the state courts.
• Brown v. Looney
  249 F.2d 61· 10th Cir.· 1957-10-15 ·cited 8×
  The court held that the petitioner is not entitled to habeas corpus relief because the transfers during his appeal did not prevent the appeal and his conviction was affirmed.