Habeas Corpus

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

• Hedden v. Louie L. Wainwright
  558 F.2d 784· 5th Cir.· 1977-09-02 ·cited 6×
  A consent to search may be validly obtained from a suspect in custody who has not received Miranda warnings.
• Elliott v. Morford
  557 F.2d 1228· 6th Cir.· 1977-07-06 ·cited 6×
  The court held that the District Judge's reliance on the presumption of correctness under 28 U.S.C. § 2254(d) was misplaced because the state trial judge made no factual finding on the voluntariness of the confession.
• United States ex rel. Robert Williams v. Israel
  556 F.2d 865· 7th Cir.· 1977-06-14 ·cited 6×
  The court held that the petitioner must exhaust state remedies before seeking federal habeas corpus relief, as his claim of ineffective assistance of counsel is reviewable under Illinois post-conviction proceedings.
• Patterson v. William D. Leeke & the Attorney Gen. of the State of S.C.
  556 F.2d 1168· 4th Cir.· 1977-06-13 ·cited 6×
  The court held that state prisoners must exhaust remedies under South Carolina's Uniform Post-Conviction Relief Act before seeking federal habeas corpus relief, as the Act provides an effective means to address claims of ineffective assistance of counsel due to failure to advise
• Blue v. Hogan
  553 F.2d 960· 5th Cir.· 1977-06-10 ·cited 6×
  The court held that the district court erred by applying the 'clear and present danger' standard instead of the 'Procunier v. Martinez' standard for prison censorship of periodicals. The case is remanded for application of the correct standard.
• Drayton v. The People OF the State OF NEW York
  556 F.2d 644· 2d Cir.· 1977-05-24 ·cited 6×
  The court held that New York's statutory scheme allowing sentencing judges discretion to deny youthful offender status based on an unproven felony indictment does not violate the Equal Protection Clause.
• Poole v. State OF Ga.
  551 F.2d 683· 5th Cir.· 1977-05-02 ·cited 6×
  The court held that the alibi jury charge, when read in context, did not unconstitutionally shift the burden of proof to the defendant and did not render the trial unfair.
• Zimmeri Claudius McNEAL v. United States
  553 F.2d 66· 10th Cir.· 1977-04-18 ·cited 6×
  The court held that the delay in executing a parole violator warrant and holding a revocation hearing did not violate the appellant's due process rights, as the delay was not prejudicial and a fair hearing was ultimately provided.
• Campbell v. State OF Minn.
  553 F.2d 40· 8th Cir.· 1977-04-13 ·cited 6×
  The court held that oral statements made under oath to a judge, even if made after an affidavit and with some uncertainty about the oath's timing, can provide probable cause for a search warrant.
• Coronado v. United States Bd. OF Parole
  551 F.2d 275· 10th Cir.· 1977-03-23 ·cited 6×
  The court held that the district court correctly dismissed the action because the appellant was not entitled to a prompt revocation hearing, a local hearing, or counsel under the circumstances, and did not request reasons for counsel denial.
• Jackson v. Estelle
  548 F.2d 617· 5th Cir.· 1977-03-14 ·cited 6×
  The court held that the district court did not err in denying the habeas corpus petition, as the petitioner's claims regarding insanity, coercion, and ineffective assistance of counsel were without merit.
• Ferrara v. United States
  547 F.2d 861· 5th Cir.· 1977-02-15 ·cited 6×
  A district court cannot grant relief under 28 U.S.C. § 2255 without a hearing unless the motion and case records conclusively show the prisoner is entitled to no relief.
• Loter v. Estelle
  546 F.2d 151· 5th Cir.· 1977-01-28 ·cited 6×
  The court held that a state prisoner is not denied his constitutional right to appeal when his court-appointed attorneys fail to perfect an appeal if the prisoner did not make known his desire to appeal.
• Browne v. Estelle
  544 F.2d 1244· 5th Cir.· 1977-01-06 ·cited 6×
  The court held that claims of disproportionate sentences under the Texas recidivist statute require individual, case-by-case review and must be exhausted in state courts before federal habeas corpus relief is available.
• Potter v. Perini
  545 F.2d 1048· 6th Cir.· 1976-12-21 ·cited 6×
  The presence of an alternate juror in the jury room for a limited time, without any showing of prejudice or effect on deliberations, does not violate a defendant's constitutional rights under Ohio law.
• Norris Edwards v. Estelle
  541 F.2d 1162· 5th Cir.· 1976-11-05 ·cited 6×
  The court held that the appellant's trial counsel provided effective assistance, meeting the range of competence demanded of attorneys in criminal cases.
• Russell v. Parratt
  543 F.2d 1214· 8th Cir.· 1976-10-28 ·cited 6×
  The court held that the prosecutor's discretion to charge a minor as an adult does not violate due process and that the defendant's confessions were voluntary and intelligently made.
• Washington v. Maggio
  540 F.2d 1256· 5th Cir.· 1976-10-21 ·cited 6×
  The court held that a defendant's failure to request or object to a jury instruction, when represented by counsel, bars assertion of constitutional error in a habeas corpus proceeding.
• Wasserman v. The Mun. Court OF the Alhambra Jud. Dist.
  543 F.2d 723· 9th Cir.· 1976-10-13 ·cited 6×
  The district court erred in granting the writ of habeas corpus by applying outdated obscenity standards instead of the controlling Supreme Court precedent.
• Blackmon v. Blackledge
  541 F.2d 1070· 4th Cir.· 1976-10-01 ·cited 6×
  The court held that the defendant effectively waived his right to counsel, rendering his confession voluntary and admissible.
• Wilson v. Parratt
  540 F.2d 415· 8th Cir.· 1976-09-01 ·cited 6×
  A federal habeas court cannot review the sufficiency of evidence for a state conviction unless it is totally devoid of evidentiary support. The petitioner's claims regarding insufficient evidence and jury instructions do not rise to a constitutional dimension.
• James E. Appelwick, M.D. v. Hoffman
  540 F.2d 404· 8th Cir.· 1976-08-20 ·cited 6×
  The court held that the Army's denial of a community hardship exemption was a reasonable interpretation of its regulations and not arbitrary or unconstitutional, thus affirming the denial of habeas corpus relief.
• Poindexter v. Wolff
  540 F.2d 390· 8th Cir.· 1976-08-10 ·cited 6×
  Federal habeas corpus relief is not available for Fourth Amendment claims if the state provided a full and fair opportunity to litigate them. Other claims were properly rejected by the district court.
• Seawell v. Warden W. H. Rauch
  536 F.2d 1283· 9th Cir.· 1976-06-14 ·cited 6×
  The court held that a prisoner must exhaust administrative remedies by seeking restoration of forfeited good time before filing a habeas corpus petition.
• Hammond v. The Honorable Richard B. Adkisson
  536 F.2d 237· 8th Cir.· 1976-05-26 ·cited 6×
  The court held that the petitioner's conviction for abusive language violated the First Amendment because the state trial court failed to find that her words were 'fighting words' likely to provoke violent retaliation under the circumstances.
• United States ex rel. James Williams v. Walker
  535 F.2d 383· 7th Cir.· 1976-05-20 ·cited 6×
  The court held that the unintentional use of false testimony by the prosecution does not violate due process, and a habeas corpus petitioner must show the prosecution knowingly used false testimony.
• Panda Weeks v. Estelle
  531 F.2d 780· 5th Cir.· 1976-05-17 ·cited 6×
  The court held that the police had probable cause to arrest Ms. Weeks and search her car based on a detailed, corroborated tip from a reliable informant.
• Alva E. Curry v. Estelle
  531 F.2d 766· 5th Cir.· 1976-05-14 ·cited 6×
  The court held that the sentencing court adequately resolved doubts about the petitioner's competency to plead guilty based on the information available at the time.
• Pilcher v. Estelle
  528 F.2d 623· 5th Cir.· 1976-03-15 ·cited 6×
  The admission of a co-defendant's voluntary statement made before Miranda warnings, and not in response to custodial interrogation, was proper.
• Royal v. Superior Court OF NEW Hampshire
  531 F.2d 1084· 1st Cir.· 1976-03-12 ·cited 6×
  The court held that the petitioner was denied due process because he was charged and convicted under a statute that was unconstitutionally vague as applied to him.
• FRY v. Estelle
  527 F.2d 420· 5th Cir.· 1976-02-19 ·cited 6×
• Freeman v. Slayton
  550 F.2d 909· 4th Cir.· 1976-02-09 ·cited 6×
  The court held that there was sufficient evidence, unobjected to on hearsay grounds, to support the conviction for unlawful possession of a sawed-off shotgun.
• Bradley v. Judges OF the Superior Court FOR the Cnty. OF LOS Angeles
  531 F.2d 413· 9th Cir.· 1976-02-04 ·cited 6×
  The court held that amendments to Cal.Code Civ.P. § 206 mooted the Civil Rights Act action and affirmed the denial of habeas corpus petitions, finding the dual draw system constitutional under a rational basis test and not subject to retroactive application.
• Shaffer v. Hon. James R. Schlesinger
  531 F.2d 124· 3d Cir.· 1976-02-03 ·cited 6×
  The court held that the Army Conscientious Objector Review Board's finding of insincerity lacked a basis in fact, as the cited reasons were insufficient to support the conclusion.
• Ierardi v. Gunter
  528 F.2d 929· 1st Cir.· 1976-01-13 ·cited 6×
  The court held that the Fourth Amendment, as interpreted by Gerstein v. Pugh, requires a judicial determination of probable cause prior to interstate rendition.
• Weston v. Rose
  527 F.2d 524· 6th Cir.· 1975-12-10 ·cited 6×
  The court held that the use of an Allen charge, even if later deemed erroneous by the state supreme court, does not present a federal constitutional issue warranting federal habeas corpus relief.
• McMILLON v. Estelle
  523 F.2d 1249· 5th Cir.· 1975-11-28 ·cited 6×
  The court held that a per se rule of prejudice is not adopted, and the lower court's ruling was not clearly erroneous on these facts.
• United States ex rel. Jose R. Castro v. Regan
  525 F.2d 1157· 3d Cir.· 1975-11-24 ·cited 6×
  The court held that the trial court's jury instructions, when viewed as a whole, did not violate the Mullaney v. Wilbur due process standard regarding the burden of proof for malice.
• Colonel Gerald v. Kehrli
  524 F.2d 328· 10th Cir.· 1975-10-20 ·cited 6×
  The court held that the military courts gave full and fair consideration to procedural and search/seizure claims, and that Article 134 of the UCMJ is constitutional on its face and as applied to the petitioner's marijuana offenses.
• Rothschild v. State OF NEW York
  525 F.2d 686· 2d Cir.· 1975-09-25 ·cited 6×
  The court held that even if the trial court erred by allowing cross-examination about the defendant's silence, the error was harmless beyond a reasonable doubt due to overwhelming evidence of guilt.
• United States ex rel. Carl Buford v. Henderson
  524 F.2d 147· 2d Cir.· 1975-09-25 ·cited 6×
  The court held that the district court did not err in denying the habeas corpus petition without providing transcripts, as the petitioner had prior access and failed to demonstrate a need or new supporting evidence.
• Thomas v. Parett
  524 F.2d 779· 8th Cir.· 1975-09-09 ·cited 6×
  The court held that the warrantless search of the apartment was justified by exigent circumstances, as the police reasonably believed evidence was about to be destroyed or removed.
• Lea Spears v. Cir. Court
  517 F.2d 360· 5th Cir.· 1975-08-11 ·cited 6×
  The court held that the appellant's Sixth Amendment right to confrontation was not violated by the admission of certain hearsay evidence, and that her other claims regarding the constitutionality of the abortion statute and due process were without merit.
• United States ex rel. John Suggs v. la Vallee
  523 F.2d 539· 2d Cir.· 1975-08-07 ·cited 6×
  The court held that the district court erred in vacating guilty pleas without an evidentiary hearing, given conflicting psychiatric reports regarding the defendant's competency.
• Jasper C. Pressley v. Swain
  515 F.2d 1290· D.C. Cir.· 1975-07-09 ·cited 6×
• Boyd v. Cowan
  519 F.2d 182· 6th Cir.· 1975-07-02 ·cited 6×
  The court held that a state prisoner's constitutional right to appeal and to counsel at appeal cannot be waived by a third party, such as a sister, without the prisoner's knowing, intelligent, and intentional relinquishment.
• Lobis v. Secretary OF the United States AIR Force
  519 F.2d 304· D.C. Cir.· 1975-06-25 ·cited 6×
  The court held that the Secretary's denial of conscientious objector status based solely on the timing of the applicant's claim, without sufficient supporting evidence of insincerity, lacked a basis in fact.
• Gilstrap v. Mills Godwin
  517 F.2d 52· 4th Cir.· 1975-05-29 ·cited 6×
  A federal prisoner must exhaust state remedies, including pretrial habeas corpus, before seeking federal habeas relief, even if the state's highest court typically reviews speedy trial issues post-trial.
• Eggleston v. Estelle
  513 F.2d 758· 5th Cir.· 1975-05-29 ·cited 6×
  The court held that a conviction cannot stand if based on an indictment from a grand jury from which Negroes were excluded due to race, and that a prior Fifth Circuit precedent to the contrary is not binding. The court also vacated the district court's judgment and remanded for f
• Connor v. Hutto
  516 F.2d 853· 8th Cir.· 1975-05-28 ·cited 6×
  A dismissal of a direct state criminal appeal by the Supreme Court for want of a substantial federal question is an actual adjudication that precludes subsequent federal habeas corpus relief and binds lower federal courts for three-judge court consideration.