Habeas Corpus

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

• Ferreira v. Fair
  732 F.2d 245· 1st Cir.· 1984-04-19 ·cited 7×
  The court held that the trial court's evidentiary rulings and the prosecutor's comments did not rise to the level of constitutional error, thus denying the habeas corpus petition.
• Fuller v. Louie L. Wainwright & Fla. Parole & Prob. Comm'n
  458 So. 2d 1131· Fla. 4th DCA· 1984-04-18 ·cited 7×
  In this habeas corpus petition, the Florida Fourth District Court of Appeal held that the Commission violated petitioner's rights by failing to apply the 1983 revision to section 944.275, which increased gain time credits for prisoners. The court ordered petitioner's immediate re
• Thompson v. Louie L. Wainwright
  447 So. 2d 383· Fla. 4th DCA· 1984-03-14 ·cited 7×
  Thompson was convicted of violating his probation and sought belated appellate review through habeas corpus. The court affirmed the denial of his ineffective assistance of counsel claim but reversed on the issue of jail-time credit, finding he was entitled to credit for time serv
• Young v. Zant
  727 F.2d 1489· 11th Cir.· 1984-03-08 ·cited 7×
  The court held that the petitioner's claims regarding an unconstitutionally composed grand jury, ineffective assistance of counsel, and exclusion of mitigating evidence were without merit.
• Lucey v. Kavanaugh
  724 F.2d 560· 6th Cir.· 1984-01-12 ·cited 7×
  The court held that the failure of a retained attorney to file a statement of appeal, resulting in the dismissal of the state appeal, constituted a denial of the petitioner's due process right to effective assistance of counsel on appeal.
• Kramer v. Price
  712 F.2d 174· 5th Cir.· 1983-08-15 ·cited 7×
  The Texas Harassment Statute is unconstitutionally void for vagueness because it fails to provide reasonably clear guidelines for prohibited conduct and encourages arbitrary enforcement.
• Lobo v. Fla. Parole & Prob. Comm'n
  433 So. 2d 622· Fla. 4th DCA· 1983-06-22 ·cited 7×
  The application of more stringent parole guidelines adopted after the commission of the crime violates the ex post facto clause of the Florida and U.S. Constitutions.
• Hall v. Wainwright
  565 F. Supp. 1222· M.D. Fla.· 1983-05-18 ·cited 7×
  The court held that certain claims were procedurally defaulted and precluded from federal habeas review absent a showing of cause and prejudice, which the petitioner failed to demonstrate. Other claims were either exhausted or could be considered on their merits.
• Williams v. Crispus NIX
  700 F.2d 1164· 8th Cir.· 1983-01-10 ·cited 7×
  The court denied the petition for rehearing, adhering to its prior ruling that the State must prove a lack of bad faith to invoke the inevitable-discovery exception to the exclusionary rule.
• Sawyer v. Louie L. Wainwright and G. Strickland
  422 So. 2d 1027· Fla. 1st DCA· 1982-11-30 ·cited 7×
  The court held that it cannot rule on motions seeking relief unrelated to the original petition and that the petitioner failed to exhaust administrative remedies.
• Garcia v. Smith
  674 F.2d 838· 11th Cir.· 1982-04-13 ·cited 7×
  The court held that the district court had subject matter jurisdiction to hear the alien's claims regarding asylum denial and unlawful exclusion, even as a stowaway.
• In re Assarsson
  670 F.2d 722· 7th Cir.· 1982-02-10 ·cited 7×
  The court held that a stay of commitment obtained by the fugitive tolled the statute of limitations, and the fugitive could not use the delay caused by his own actions to defeat extradition.
• Scurr v. Moore
  647 F.2d 854· 8th Cir.· 1981-05-08 ·cited 7×
  A defendant can forfeit their Sixth Amendment right to be present at trial through contumacious conduct, and the trial court has discretion to remove a disruptive defendant.
• Sistrunk v. Edmund Lyons & the Attorney Gen. of the State of Pa. & Dist. Attorney of Phila. Cnty.
  646 F.2d 64· 3d Cir.· 1981-03-31 ·cited 7×
• Graham v. Vann
  394 So. 2d 176· Fla. 1st DCA· 1981-02-13 ·cited 7×
  The state court correctly exercised jurisdiction over the habeas corpus petition, and the Public Defender's office can represent indigent inmates in such civil proceedings.
• Guice v. Fortenberry
  633 F.2d 699· 5th Cir.· 1980-12-29 ·cited 7×
  This case involves a dissenting opinion arguing that the majority rewrites a statute to avoid a constitutional issue concerning the reclassification of agricultural land for tax purposes.
• Evans v. Britton
  628 F.2d 400· 5th Cir.· 1980-10-15 ·cited 7×
• Hoback v. State OF Ala.
  607 F.2d 680· 5th Cir.· 1979-11-28 ·cited 7×
  The state was not required to provide an indigent defendant with expert witnesses or investigative services in this case, nor did the trial court abuse its discretion in denying a continuance.
• Brown v. Louie L. Wainwright
  576 F.2d 1148· 5th Cir.· 1978-07-21 ·cited 7×
  The court held that the district court correctly denied the petition for habeas corpus, as the claims regarding search and seizure, indictment by information, and excessive sentence lacked merit.
• United States v. Jackson
  553 F.2d 109· D.C. Cir.· 1976-12-21 ·cited 7×
  The court denied the suggestion for rehearing en banc, with a statement clarifying the scope and impact of the panel's prior opinion.
• Coronado v. United States Bd. OF Parole
  540 F.2d 216· 5th Cir.· 1976-10-12 ·cited 7×
  The court held that a pro se litigant's challenge to mandatory release conditions should be treated as a habeas corpus petition, but that the specific claim of double jeopardy violation was meritless.
• United States ex rel. Roger Lee McQUEEN v. Hon. H. Kenneth Wangelin
  527 F.2d 579· 8th Cir.· 1975-12-11 ·cited 7×
  The court held that a writ of mandamus is not appropriate to compel the district court to render a final determination on a habeas corpus petition when the district court has remanded the case to state court as an exercise of its discretion.
• Arnold v. Louie L. Wainwright
  516 F.2d 964· 5th Cir.· 1975-08-04 ·cited 7×
  Failure to timely challenge jury composition under state procedural rules constitutes a waiver of the right to federal habeas corpus relief, absent a showing of cause for the failure or actual prejudice.
• State of Fla. ex rel. Fla. Parole & Prob. Comm'n & Raymond D. Massey v. Helton
  313 So. 2d 413· Fla. 1st DCA· 1975-06-03 ·cited 7×
  Florida's parole authority revoked Helton's parole based on his arrest for receiving stolen property, but he was later acquitted by jury trial. The court held that a subsequent criminal acquittal does not bar parole revocation, as revocation proceedings are civil in nature and re
• Knight v. Estelle
  501 F.2d 963· 5th Cir.· 1974-10-04 ·cited 7×
  The court affirmed the trial court's denial of a writ, but required a Morrissey-type hearing for parole revocation.
• Scott v. Schlesinger
  498 F.2d 1093· 5th Cir.· 1974-08-16 ·cited 7×
  The court held that a serviceman must exhaust available military remedies, including fact-finding mechanisms and appeals, before seeking habeas corpus relief in federal civilian courts, even when challenging the service-connection of an offense.
• Reese v. United States Bd. of Parole
  498 F.2d 698· D.C. Cir.· 1974-05-10 ·cited 7×
  The court held that jurisdiction for a habeas corpus proceeding under 28 U.S.C. § 2241 lies with the district of confinement and the district where the custodian is present, and remanded the case for transfer.
• Flicker v. The Honorable Edwin Duff, II
  290 So. 2d 129· Fla. 1st DCA· 1974-02-14 ·cited 7×
  Arnold Flicker petitioned for a writ of habeas corpus seeking bail pending trial for first-degree murder. The Florida District Court of Appeal denied the petition because Flicker failed to provide a record or affidavits supporting his allegations, and instead relied on bare asser
• McGANN v. U. S. Bd. OF Parole & M. R. Hogan
  488 F.2d 39· 3d Cir.· 1973-11-14 ·cited 7×
  The court held that the prisoner's extradition and subsequent incarceration were lawful, rejecting claims that they violated the extradition treaty or that the parole board lacked authority.
• Albrecht v. Nelson
  462 F.2d 623· 9th Cir.· 1972-06-28 ·cited 7×
  The court held that a guilty plea is not constitutionally infirm if it is primarily motivated by fear of the death penalty, even if influenced by counsel.
• Petition of Joe Cahill
  447 F.2d 1343· 2d Cir.· 1971-09-03 ·cited 7×
  The court held that an alien denied entry into the United States is not entitled to constitutional protections regarding bail or parole, and judicial review of the Attorney General's discretionary denial is barred.
• United States ex rel. Raymond Myers v. Smith
  444 F.2d 75· 2d Cir.· 1971-06-14 ·cited 7×
  A petitioner is not 'in custody' for a fully served sentence for purposes of federal habeas corpus when the petition is filed after release and while incarcerated for an unrelated conviction.
• Hildebrando Nicosia v. Gaddis Wall
  442 F.2d 1005· 5th Cir.· 1971-04-06 ·cited 7×
  The court held that the district court must first determine if the facts presented by Panama fall within an exception to the political refugee protocol, given the government's concession of the protocol's applicability.
• Prescher v. Crouse
  431 F.2d 209· 10th Cir.· 1970-09-09 ·cited 7×
  The court held that the delay in processing Prescher's post-conviction appeal was not solely attributable to the state and did not constitute a denial of due process, thus federal habeas corpus relief was not warranted.
• Dillard v. Smith
  430 F.2d 1294· 5th Cir.· 1970-07-28 ·cited 7×
  The court held that a knowingly and understandingly made guilty plea waives all non-jurisdictional defenses, and affirmed the denial of the habeas corpus petition.
• Humphries v. Ciccone
  428 F.2d 477· 8th Cir.· 1970-06-30 ·cited 7×
  The court held that the district court properly dismissed the petition for writ of habeas corpus because the petitioner failed to seek relief in the sentencing court as required by 28 U.S.C.A. § 2255.
• Grizzell v. State
  233 So. 2d 669· Fla. 1st DCA· 1970-04-09 ·cited 7×
  The court held that the trial court's failure to instruct the jury on lesser included offenses was not reversible error when no request for such instructions was made.
• Berriel v. State
  233 So. 2d 163· Fla. 4th DCA· 1970-03-13 ·cited 7×
  Daniel Berriel challenged his robbery conviction and life sentence through a habeas corpus petition after his court-appointed counsel failed to prosecute his direct appeal. The Fourth District Court of Appeal reviewed his claims and rejected both his argument that denying a conti
• United States ex rel. William Allen v. State OF Ill.
  413 F.2d 232· 7th Cir.· 1969-07-07 ·cited 7×
  The dissenting judge believes the trial court did not err in its conduct and the district court properly dismissed the habeas petition.
• United States ex rel. Weldon H. Berry v. Commanding General
  411 F.2d 822· 5th Cir.· 1969-05-16 ·cited 7×
  The court held that appellants failed to exhaust available administrative remedies within the military justice system, precluding federal court intervention.
• Howard v. State
  221 So. 2d 735· Fla.· 1969-04-23 ·cited 7×
  The Florida Supreme Court granted a writ of habeas corpus to a petitioner challenging his felony conviction based on the alleged unconstitutional use of statements made while in police custody without being informed of his rights. The court appointed a commissioner to take testim
• Mize v. Crouse
  399 F.2d 593· 10th Cir.· 1968-09-05 ·cited 7×
  The court held that a defendant's knowing and deliberate bypass of state procedural rules, as a matter of trial strategy, can preclude federal habeas corpus review of constitutional claims.
• Davis v. Dunbar
  394 F.2d 754· 9th Cir.· 1968-04-22 ·cited 7×
  The court held that the prisoner's claims were properly denied because he failed to exhaust state remedies for new claims, the Escobedo rule did not apply retroactively, and he waived constitutional objections through counsel's actions and subsequent choices.
• Luna v. Beto
  391 F.2d 329· 5th Cir.· 1967-07-11 ·cited 7×
• Blasi v. State
  192 So. 2d 307· Fla. 4th DCA· 1966-12-01 ·cited 7×
  Robert Blasi challenges his extradition from Florida to Massachusetts on the grounds that the extradition demand failed to comply with Florida's Uniform Interstate Extradition statute. The court held that extradition demands must use the statutory alternative that accurately refl
• Donovan Edward Ruby v. United States & the Sec'y of the United States Navy
  341 F.2d 585· 9th Cir.· 1965-02-12 ·cited 7×
  The court held that a petition for a writ of habeas corpus cannot be treated as an ordinary civil action for judicial review of agency action.
• United States ex rel. Nicholas J. Marinaccio v. FAY
  336 F.2d 272· 2d Cir.· 1964-08-31 ·cited 7×
  The court held that the district court did not err in denying a habeas corpus hearing because the appellant failed to allege sufficient facts to put the voluntariness of his guilty plea at issue.
• United States v. Yeager
  327 F.2d 311· 3d Cir.· 1963-07-17 ·cited 7×
  The court held that the statement obtained from Stanley Cassidy was not voluntary and therefore inadmissible under the due process clause of the 14th Amendment.
• Mathis v. Starr
  152 So. 2d 161· Fla.· 1963-01-30 ·cited 7×
  The trial court erred in requiring the petitioner to prove his ability to make bail as a prerequisite to determining his right to bail in a capital case.
• United States ex rel. Herman Rucker v. Myers
  311 F.2d 311· 3d Cir.· 1962-11-30 ·cited 7×
  The introduction of the defendant's prior criminal record substantially prejudiced the jury's determination of the penalty, warranting reversal of the death sentence.