Habeas Corpus

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

• United States ex rel. Giese v. Chamberlin
  184 F.2d 404· 7th Cir.· 1950-10-05 ·cited 8×
  The court held that a federal court cannot grant a writ of habeas corpus to a military member until all available military appellate remedies have been exhausted.
• Hiatt v. Hilliard
  180 F.2d 453· 5th Cir.· 1950-02-27 ·cited 8×
  The court held that the new good time credit statutes (18 U.S.C.A. §§ 4161, 4165) do not apply retroactively to prisoners sentenced under prior law, and a general savings statute preserved existing rights.
• United States ex rel. Touhy v. Ragen
  180 F.2d 321· 7th Cir.· 1950-02-24 ·cited 8×
  The court held that the Department of Justice, by refusing to produce subpoenaed documents for judicial determination of materiality and public interest, violated its own directives and usurped the judicial function.
• Nave v. Bell
  180 F.2d 198· 6th Cir.· 1950-02-09 ·cited 8×
  The court held that a parole violation warrant is considered 'issued' when signed and mailed by the Board of Parole within the maximum sentence term, not upon its physical delivery to an executing officer.
• Kronberg v. Hale
  180 F.2d 128· 9th Cir.· 1950-02-07 ·cited 8×
  The court held that Congress has the constitutional power to enact provisions allowing for the trial of former servicemen by court-martial for offenses committed while in service, and that the delay in lodging charges did not divest the military of jurisdiction.
• Rowland v. State of Ark.
  179 F.2d 709· 8th Cir.· 1950-02-02 ·cited 8×
  A person out on bond, not in actual custody, is not entitled to a writ of habeas corpus.
• Brite v. People of State of Cal.
  178 F.2d 925· 9th Cir.· 1949-12-22 ·cited 8×
  The court held that there is no probable cause for appeal and dismissed the appeal for lack of jurisdiction.
• Banghart v. Swope
  175 F.2d 442· 9th Cir.· 1949-06-16 ·cited 8×
  The Attorney General has the lawful power to order the transfer of a federal prisoner to a federal penitentiary, even if the original sentence mentioned a state penitentiary.
• United States ex rel. Rooney v. Ragen
  173 F.2d 668· 7th Cir.· 1949-03-22 ·cited 8×
  The court held that the petitioners failed to prove their claims of constitutional violations sufficient to warrant habeas corpus relief.
• United States ex rel. Knauff v. Watkins
  173 F.2d 599· 2d Cir.· 1949-03-11 ·cited 8×
  An alien war bride may be denied admission without a hearing if excluded under emergency regulations based on confidential information, even if she might otherwise qualify under the War Brides Act.
• United States ex rel. Johnson v. Ragen
  171 F.2d 630· 7th Cir.· 1948-12-31 ·cited 8×
  The court held that the petitioner's claim of a misidentified prior conviction in the indictment does not render the judgment void, as the trial court had jurisdiction.
• Ossenfort v. Pulaski
  171 F.2d 246· 5th Cir.· 1948-12-17 ·cited 8×
  The court held that the petitioner failed to meet his burden of proving he was denied counsel or did not understand his waiver of counsel, and that the trial court's finding to the contrary was not supported by substantial evidence.
• Wheeler v. Reid
  175 F.2d 829· D.C. Cir.· 1948-12-10 ·cited 8×
  The court held that the petitions for leave to appeal and to proceed in forma pauperis, along with the motion for stay of sentences, should be denied.
• United States ex rel. Johnson v. Watkins
  170 F.2d 1009· 2d Cir.· 1948-11-29 ·cited 8×
  The dissenting judge would reverse the order and sustain the writ of habeas corpus due to an inadequate medical certificate and the Board of Medical Officers' failure to comply with regulations.
• Dawes v. Gough
  170 F.2d 396· 5th Cir.· 1948-11-04 ·cited 8×
  The court held that a habeas corpus writ should issue because the indictment count under which the petitioner was sentenced charged no crime.
• Hilliard v. Brown
  170 F.2d 397· 5th Cir.· 1948-11-04 ·cited 8×
  A Representative in Congress is not suable for official neglect of a constituent, and no private duty exists to investigate or interfere in constituents' court cases.
• De War v. Hunter
  170 F.2d 993· 10th Cir.· 1948-11-03 ·cited 8×
  Compliance with Article of War 70 is not jurisdictional for court-martial validity, but rather a safeguard for due process.
• United States ex rel. Lutz v. Ragen
  171 F.2d 788· 7th Cir.· 1948-10-20 ·cited 8×
  The court held that it lacked jurisdiction to hear the appeal because the notice of appeal was filed untimely.
• United States ex rel. Doyle v. Dist. Dir. of Immigr. & Naturalization at Port of N.Y.
  169 F.2d 753· 2d Cir.· 1948-08-03 ·cited 8×
  The court held that the bail fixed by the District Court was lawfully allowed, reversing the dismissal of the writs of habeas corpus.
• State of Fla. Ex rel. Floria Nell Hicks v. Cain
  160 Fla. 680· Fla.· 1948-07-13 ·cited 8×
  This habeas corpus proceeding sought to change the custody of a two-year-old child from his paternal grandparents to his mother. The lower court awarded custody to the grandparents, and the appellate court affirmed, finding no reversible error.
• Tilghman v. Hunter
  168 F.2d 946· 10th Cir.· 1948-06-21 ·cited 8×
  The court held that remarks not in the official judgment and commitment cannot be given effect, and the petitioner was not entitled to credit for time spent in jail pending appeal under the rules in effect at the time of his conviction.
• United States ex rel. Weintraub v. Swenson
  165 F.2d 756· 2d Cir.· 1948-01-22 ·cited 8×
  The court held that the reviewing authority's actions did not violate due process, and therefore the habeas corpus writ was properly dismissed.
• Sanders v. Johnston
  165 F.2d 736· 9th Cir.· 1948-01-21 ·cited 8×
  A written judgment's failure to include all matters prescribed by Rule 32(b) does not nullify a conviction if the underlying proceedings were lawful and can be established by other court records.
• Barton v. Smith
  162 F.2d 330· 9th Cir.· 1947-05-27 ·cited 8×
  A federal court will not grant a writ of habeas corpus unless the petitioner has first exhausted all available remedies in the state courts, even if time limits for those remedies have expired.
• Hawley v. Hunter
  161 F.2d 825· 10th Cir.· 1947-05-19 ·cited 8×
  The court held that the petitioner's claims regarding the sufficiency of the indictments were not grounds for habeas corpus relief.
• Hart v. Squier
  159 F.2d 639· 9th Cir.· 1947-02-03 ·cited 8×
  The indictment charged a crime against the United States because the use of a false name on a prescription constitutes a 'false writing' for the purpose of defrauding the United States.
• Burns v. Welch
  159 F.2d 29· D.C. Cir.· 1947-01-13 ·cited 8×
  The District Court lacked jurisdiction to issue a writ of habeas corpus because the named respondent, the superintendent of the Reformatory, resides outside the District of Columbia and cannot be served.
• United States ex rel. Hunke v. Ragen
  158 F.2d 644· 7th Cir.· 1947-01-11 ·cited 8×
  Illinois did not lose jurisdiction over a paroled prisoner when it relinquished him to another state for prosecution.
• Sanders v. Johnston
  159 F.2d 74· 9th Cir.· 1947-01-07 ·cited 8×
  The court held that the inmate's complaint was properly dismissed for failing to state facts sufficient to entitle him to relief regarding mail restrictions.
• Wood v. Howard
  157 F.2d 807· 7th Cir.· 1946-11-14 ·cited 8×
  The court held that the petitioner knowingly and intelligently waived his right to counsel and a jury trial, and thus his due process rights were not violated.
• Bauman v. United States
  156 F.2d 534· 5th Cir.· 1946-06-27 ·cited 8×
• United States ex rel. Goodman v. Roberts
  152 F.2d 841· 2d Cir.· 1946-01-08 ·cited 8×
  The court held that the writ of habeas corpus was properly dismissed because the inductee was no longer in the custody of the named respondent when the writ was heard.
• United States ex rel. Turner v. Bennett
  153 F.2d 102· 7th Cir.· 1945-12-21 ·cited 8×
  The court held that the State of Illinois did not lose jurisdiction over the appellant, and he could be compelled to serve the remainder of his sentence.
• United States ex rel. DE Graw v. Toon
  151 F.2d 778· 2d Cir.· 1945-11-07 ·cited 8×
  The court held that the relator's reinduction into the Army was illegal because he was not accorded his right to confront damaging evidence against him and the Local Board failed to properly report facts to the Appeal Board.
• People of the United States Ex rel. Reno v. Ragen
  151 F.2d 447· 7th Cir.· 1945-10-24 ·cited 8×
  The court held that the State of Illinois had the right to return the petitioner involuntarily to serve his sentence.
• United States ex rel. Bodenstein v. Nichols
  151 F.2d 155· 3d Cir.· 1945-09-18 ·cited 8×
  A court cannot substitute its judgment for that of Selective Service Boards unless there is a clear showing of fraud, caprice, lack of power, or lack of due process.
• Perlstein v. United States
  151 F.2d 167· 3d Cir.· 1945-09-13 ·cited 8×
  A civilian employed by a contractor working on an Army project, who was discharged but remained in a military theater of operations pending repatriation, was subject to military jurisdiction under the Articles of War.
• Williams v. Huff
  146 F.2d 867· D.C. Cir.· 1945-01-22 ·cited 8×
  The court held that the evidence did not sustain a finding that the waiver of counsel was intelligently made, and the appellant should be discharged.
• Hibbs v. Catovolo
  145 F.2d 866· 5th Cir.· 1944-12-21 ·cited 8×
  The court held that taking the oath was not a prerequisite for induction into the armed forces, and subsequent conduct can also establish membership.
• Carter v. Johnston
  145 F.2d 882· 9th Cir.· 1944-12-06 ·cited 8×
  The court held that the statutory language 'not less than 10 years, or by death if the jury directs' allows for sentences exceeding ten years, with judicial discretion for terms beyond the minimum.
• Ex parte Duncan. Kahanamoku v. Duncan. Ex parte White. Steer
  146 F.2d 576· 9th Cir.· 1944-11-01 ·cited 8×
  The court held that the proclamation of February 8, 1943, did not terminate the suspension of the writ of habeas corpus, and changed conditions did not automatically restore the privilege, thus the trial court erred in ordering the release of appellees.
• Klinkner v. Squier
  144 F.2d 490· 9th Cir.· 1944-08-11 ·cited 8×
  The court held that a letter indicating release from parole supervision, issued under a misapprehension of facts, does not preclude revocation of parole if the parolee committed a crime during the parole period.
• United States ex rel. Beye v. Downer
  143 F.2d 125· 2d Cir.· 1944-05-29 ·cited 8×
  The court held that the appellant failed to show reversible error in the dismissal of his habeas corpus writ.
• Audett v. Johnston
  142 F.2d 739· 9th Cir.· 1944-05-17 ·cited 8×
  The court held that the sufficiency of an indictment is not reviewable on a petition for a writ of habeas corpus, and that the statute does not criminalize mere intent but requires an overt act of entry motivated by intent.
• Baker v. Hunter
  142 F.2d 615· 10th Cir.· 1944-05-10 ·cited 8×
  The court held that the appellant's election to remain in county jail pending appeal did not entitle him to credit for that time against his sentence, as the appeal stayed execution of the sentence unless he elected to begin service.
• Mason v. Webb
  142 F.2d 584· 9th Cir.· 1944-04-14 ·cited 8×
  A federal court should not entertain a habeas corpus petition from a state prisoner unless all state remedies, including appellate remedies, have been exhausted, and the case presents exceptional circumstances of peculiar urgency.
• Long v. Benson
  140 F.2d 195· 6th Cir.· 1944-01-24 ·cited 8×
  The court held that the district court did not err in denying the application for a writ of habeas corpus and the appointment of a special master, as the denial was a proper exercise of sound judicial discretion.
• Spencer v. Hunter
  139 F.2d 828· 10th Cir.· 1944-01-04 ·cited 8×
  The court held that the district court had jurisdiction over the offenses and the petitioner, and that the denial of the habeas corpus writ was not an error.
• Stroud v. Johnston
  139 F.2d 171· 9th Cir.· 1943-12-10 ·cited 8×
  The court held that the appellant's petition for a writ of habeas corpus lacked merit and affirmed the lower court's dismissal.
• Toyosaburo Korematsu v. United States
  140 F.2d 289· 9th Cir.· 1943-12-02 ·cited 8×
  The court affirmed the conviction, holding that the war power allows temporary infringement of individual liberties for national security.