Habeas Corpus

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

• Branko Karadzole v. Andrija Artukovic
  247 F.2d 198· 9th Cir.· 1957-06-24 ·cited 8×
  The court held that the alleged offenses, though serious, were political in nature and therefore not extraditable under the treaty.
• Judson Broadus v. Lowry
  245 F.2d 304· 6th Cir.· 1957-06-10 ·cited 8×
  The court held that a guilty plea waives claims of illegally obtained evidence and that the appellant failed to prove mental incompetence at the time of sentencing.
• Hill v. Settle
  244 F.2d 311· 8th Cir.· 1957-05-07 ·cited 8×
  The court denied the petition for leave to proceed in forma pauperis on appeal.
• DAY v. Wilson
  247 F.2d 60· D.C. Cir.· 1957-04-25 ·cited 8×
  The court held that the District Court erred in dismissing the habeas corpus petition for lack of jurisdiction, as civil courts have jurisdiction to hear claims of denial of basic constitutional rights in court-martial proceedings.
• Rice v. Clemmer
  242 F.2d 870· 4th Cir.· 1957-04-01 ·cited 8×
  The court held that a federal district court lacks jurisdiction to entertain a petition for a writ of habeas corpus when the petitioner has already had a motion under 28 U.S.C. § 2255 denied, unless the § 2255 remedy is shown to be inadequate or ineffective.
• Wyman W. Graeber v. Schneckloth
  241 F.2d 710· 9th Cir.· 1957-03-04 ·cited 8×
  The court held that the appellant's claims were without merit and that the lower court's denial of habeas corpus was correct.
• Leng MAY MA v. Barber
  241 F.2d 85· 9th Cir.· 1957-02-05 ·cited 8×
  The court held that an alien seeking admission to the United States, whose application has been denied, is not considered 'within the United States' for purposes of withholding deportation under § 243(h).
• Matter of the Application of Clayton C. Pierce
  246 F.2d 902· 9th Cir.· 1957-01-02 ·cited 8×
  The court held that the denial of a privilege to appeal in forma pauperis does not render the remedy under Section 2255 inadequate or ineffective.
• James E. Fitzgerald ex rel. Lorenzo Miceli v. Landon
  238 F.2d 864· 1st Cir.· 1956-12-17 ·cited 8×
  The court held that the district court properly dismissed the habeas corpus petition because the allegations in the respondent's return, which were not traversed by the petitioner, were accepted as true, and the record did not establish that the two crimes arose from a single sch
• Dixon v. United States
  237 F.2d 509· 10th Cir.· 1956-10-03 ·cited 8×
  The court held that the civil court's review of a court-martial conviction via habeas corpus is limited to jurisdiction and basic constitutional rights, not evidentiary sufficiency or procedural errors already addressed by military tribunals.
• Application of Eugene Burwell
  236 F.2d 770· 9th Cir.· 1956-08-06 ·cited 8×
  The court granted certificates of probable cause, allowing Burwell and Rogers to appeal the denial of their habeas corpus petitions.
• Fleish v. Swope
  226 F.2d 310· 9th Cir.· 1955-10-17 ·cited 8×
  The court held that the habeas corpus petition was without merit because the judgment sufficiently imposed consecutive sentences for a total of 30 years.
• Pulliam v. Looney
  224 F.2d 913· 10th Cir.· 1955-07-29 ·cited 8×
  The court held that the Board of Parole has jurisdiction to issue a warrant for the rearrest of a prisoner for parole violation, even if the prisoner was prematurely released.
• United States ex rel. Justin K. McCarthy v. Cook
  225 F.2d 71· 3d Cir.· 1955-05-23 ·cited 8×
  The court held that the appellant failed to demonstrate prejudice from the selective service board's procedures and that the board was legally constituted, affirming the denial of the writ of habeas corpus.
• State of Fla. ex rel. Aubrey LEE v. Broward Coker
  80 So. 2d 462· Fla.· 1955-05-18 ·cited 8×
  Florida Supreme Court upheld the revocation of probation and imposition of sentence despite the sentencing occurring after the probation period had expired. The Court held that jurisdiction to revoke probation is established when the violation affidavit is filed, warrant issued,
• Dodd v. United States
  222 F.2d 175· 10th Cir.· 1955-04-09 ·cited 8×
  The court held that the issue of the appellant's mental competency at the time of his guilty plea, having been previously litigated and decided, could not be collaterally attacked.
• United States v. Shaughnessy
  221 F.2d 262· 2d Cir.· 1955-04-04 ·cited 8×
  The court held that an alien seaman who misrepresented his intent to depart was not a 'bona fide nonimmigrant' under the relevant statutes, rendering his entry illegal.
• United States v. Shaughnessy
  220 F.2d 537· 2d Cir.· 1955-03-15 ·cited 8×
  The court held that the appellants waived objections to the admissibility of blood test evidence and that the application of such tests was not discriminatory or a denial of due process.
• In re the Application of Caryl Chessman
  219 F.2d 162· 9th Cir.· 1955-01-11 ·cited 8×
  The court held that the application for a writ of habeas corpus presented a justiciable question regarding potential due process violations, warranting a certificate of probable cause for appeal.
• Looney v. Lenz
  217 F.2d 841· 10th Cir.· 1954-12-22 ·cited 8×
  The court held that the prisoner's maximum sentence term was extended by periods of parole and subsequent imprisonment, making the parole violation warrant timely.
• Marshall v. United States
  217 F.2d 467· 6th Cir.· 1954-11-03 ·cited 8×
  The court held that the district court did not err in denying the motion to vacate sentence because the motion and record conclusively showed the prisoner was entitled to no relief.
• Whitaker v. Blackburn
  74 So. 2d 794· Fla.· 1954-09-28 ·cited 8×
  A defense counsel was held in contempt for refusing to surrender a private stenographic transcript of a witness interview that he used during cross-examination. The Florida Supreme Court vacated the contempt order, holding that private memoranda prepared by counsel are not subjec
• United States ex relator v. Dulles
  222 F.2d 390· D.C. Cir.· 1954-09-16 ·cited 8×
• Halldora Kristin Sigurdson v. Landon
  215 F.2d 791· 9th Cir.· 1954-09-07 ·cited 8×
  The court held that the administrative proceedings and deportation order were not so fundamentally unfair or lacking in evidence as to warrant habeas corpus relief.
• Butterfield v. Wilkinson
  215 F.2d 320· 9th Cir.· 1954-07-23 ·cited 8×
  The court held that while habeas corpus was the appropriate remedy for a dispute over the construction of sentences, the sentences at issue were clearly intended to run consecutively.
• City of Miami Beach v. Traina
  73 So. 2d 860· Fla.· 1954-07-20 ·cited 8×
  The Florida Supreme Court affirmed a mandamus order requiring the City of Miami Beach to issue a retail vendor's liquor license for a Service Bar restaurant. The Court held that special legislative acts granted the City authority to regulate the method of sale of alcoholic bevera
• Savoretti v. Voiler
  214 F.2d 425· 5th Cir.· 1954-06-30 ·cited 8×
  The court held that an alien returning to the continental United States from a U.S. insular possession does not constitute an 'entry' under the Immigration Act of 1917 if they did not depart from the United States.
• United States ex rel. O'Connell v. Ragen
  212 F.2d 272· 7th Cir.· 1954-04-23 ·cited 8×
  A federal district court may decline to grant a writ of habeas corpus without holding a second hearing if the merits of the petitioner's claims have been presented to and passed upon by the state courts, including the highest state court, and certiorari has been denied.
• Franey v. State
  211 F.2d 447· 5th Cir.· 1954-03-31 ·cited 8×
  The court held that the appellant was not subjected to double jeopardy or double punishment violating due process.
• Taulty v. Hobby
  71 So. 2d 489· Fla.· 1954-03-26 ·cited 8×
  Anna Taulty was arrested under a Seminole County local law prohibiting the sale of alcoholic beverages during certain hours. The Florida Supreme Court reversed her conviction, holding that the local law's invalid punishment provision could not be salvaged by the general misdemean
• United States ex rel. Frangoulis v. Shaughnessy
  210 F.2d 572· 2d Cir.· 1954-03-02 ·cited 8×
  The court held that the appellant's military service did not prevent his deportation for overstaying his leave, and his claim for voluntary departure was a discretionary matter not subject to review.
• Gonzalez v. United States
  210 F.2d 825· 1st Cir.· 1954-02-26 ·cited 8×
  A judgment of conviction based on a guilty plea cannot be vacated based on allegations of illegally obtained evidence.
• United States ex rel. Farnsworth v. Murphy
  207 F.2d 885· 2d Cir.· 1953-11-13 ·cited 8×
  The court denied the motion for leave to proceed in forma pauperis and for appointment of an attorney, and dismissed the appeal.
• Hill v. United States
  206 F.2d 204· 6th Cir.· 1953-07-07 ·cited 8×
  A motion to correct or vacate a sentence under Federal Rule of Criminal Procedure 35 or 28 U.S.C. § 2255 is inapplicable when the appellant has not been sentenced for a criminal offense.
• United States ex rel. Nukk v. Dist. Dir. of Immigr. & Naturalization at Port of N.Y.
  205 F.2d 242· 2d Cir.· 1953-06-17 ·cited 8×
  The court held that the alien failed to meet the burden of proof to show unlawful detention, and thus the Attorney General's discretion to detain without bail was upheld.
• Chessman v. People
  205 F.2d 128· 9th Cir.· 1953-05-28 ·cited 8×
  The court held that the district court did not err in denying the petition for a writ of habeas corpus because the state courts had adequately considered and disposed of the petitioner's contentions.
• United States ex rel. Spinella v. Savoretti
  201 F.2d 364· 5th Cir.· 1953-01-29 ·cited 8×
  The court held that the appeal should be dismissed as moot because the deportation order had become final, rendering the issue of bond pending proceedings moot.
• Mulvey v. Jacques
  199 F.2d 300· 6th Cir.· 1952-10-24 ·cited 8×
  The court denied the petitioner's various motions and petitions, including the petition for a certificate of probable cause.
• Myers v. Hunter
  199 F.2d 662· 10th Cir.· 1952-10-22 ·cited 8×
  The court held that the federal government did not relinquish jurisdiction by turning the petitioner over to state authorities, and could therefore reacquire jurisdiction to revoke parole.
• Schechter v. Waters
  199 F.2d 318· 10th Cir.· 1952-10-17 ·cited 8×
  The court held that the petitioner's claims regarding the constitutionality of the habitual criminal statute and denial of appeal were previously decided adversely or were not grounds for habeas corpus relief.
• Hunter v. Dowd
  198 F.2d 13· 7th Cir.· 1952-07-11 ·cited 8×
  The court held that the District Court's finding that the petitioner was represented by counsel was clearly erroneous, as the evidence overwhelmingly indicated a denial of the constitutional right to counsel.
• Robinson v. Swope
  197 F.2d 633· 9th Cir.· 1952-06-24 ·cited 8×
  A federal prisoner must first seek relief under 28 U.S.C. § 2255 before filing a habeas corpus petition, unless the § 2255 remedy is inadequate or ineffective.
• Stack v. Boyle
  192 F.2d 56· 9th Cir.· 1951-10-03 ·cited 8×
• United States ex rel. Turpin v. Warden of Green Haven Prison of State of N.Y.
  190 F.2d 252· 2d Cir.· 1951-07-03 ·cited 8×
  The court held that the relator was not entitled to habeas corpus relief because he failed to establish that an ingredient of unfairness actively operated in his Wisconsin conviction due to want of counsel.
• Ross v. Middlebrooks
  188 F.2d 308· 9th Cir.· 1951-03-30 ·cited 8×
  A federal court in the asylum state must defer to the demanding state's courts to address constitutional claims before granting habeas corpus relief in an interstate rendition case.
• Zydok v. Butterfield
  187 F.2d 802· 6th Cir.· 1951-03-26 ·cited 8×
  The court held that the Attorney General abused his discretion by denying bail to the appellant without considering all relevant circumstances.
• Tate v. People of the State of Cal.
  187 F.2d 98· 9th Cir.· 1951-01-30 ·cited 8×
  The court held that the denial of the petition to file in forma pauperis was proper because the appellant failed to provide the required affidavit of indigency.
• Dolan v. Alvis
  186 F.2d 586· 6th Cir.· 1951-01-19 ·cited 8×
  A prisoner unable to pay required fees to file in state court has exhausted state remedies for federal habeas corpus purposes.
• Prince v. Commissioner of Immigration and Naturalization
  185 F.2d 578· 6th Cir.· 1950-11-17 ·cited 8×
  A person subject to a deportation order is entitled to judicial review under the Administrative Procedure Act, and the district court erred in dismissing the petition solely on the grounds that the APA did not apply.
• Mills v. United States
  185 F.2d 137· 5th Cir.· 1950-11-17 ·cited 8×
  The court held that a conviction based on a guilty plea cannot stand if the defendant was denied their constitutional right to counsel in advising on the plea.