Habeas Corpus

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

• Mason v. Ciccone
  517 F.2d 73· 8th Cir.· 1975-05-19 ·cited 6×
  The court held that a single, non-recurring incident of alleged assault and disagreement with medical treatment do not state a claim for habeas corpus relief.
• Waldorf Brainard Brice v. Pickett
  515 F.2d 153· 9th Cir.· 1975-05-01 ·cited 6×
  The court held that 8 U.S.C. § 1251(a)(11) applies to foreign convictions for marijuana possession, and deportation based on such a conviction is constitutional.
• Albritton v. Louie L. Wainwright
  313 So. 2d 763· Fla.· 1975-04-23 ·cited 6×
  The Florida Supreme Court upheld the termination of Roy Albritton's parole, finding substantial compliance with federal due process standards established in Morrissey v. Brewer and Gagnon v. Scarpelli. Despite minor procedural deficiencies, the overwhelming evidence of parole vio
• Caver v. State OF Ala.
  511 F.2d 124· 5th Cir.· 1975-04-10 ·cited 6×
  The federal court erred in denying a habeas corpus petition without an evidentiary hearing when contested issues of fact controlled the constitutional questions raised.
• Edwards v. Ill. Dep't OF Corr.
  514 F.2d 477· 7th Cir.· 1975-04-08 ·cited 6×
  The court held that the plaintiffs failed to allege facts showing a violation of due process standards applicable at the time of the alleged infractions, thus their claims for good time restoration, declaratory, injunctive, and monetary relief were properly dismissed.
• Patterson v. Lockhart
  513 F.2d 579· 8th Cir.· 1975-04-03 ·cited 6×
  The court held that the state must provide a plenary hearing in state court on the validity of the search warrant and other constitutional issues, or the habeas petition will be granted.
• Cranford v. Rodriguez
  512 F.2d 860· 10th Cir.· 1975-03-18 ·cited 6×
  The court held that the petitioner's constitutional rights were not violated by the confession obtained in Mexico, as the state court's determination of voluntariness was presumed correct and the Miranda warnings, though imperfect, were a good faith effort under the circumstances
• Russell v. State OF Mo.
  511 F.2d 861· 8th Cir.· 1975-03-07 ·cited 6×
  A guilty plea breaks the chain of prior constitutional deprivations, and a claim of counsel denial at arrest is insufficient to challenge a subsequent voluntary guilty plea unless it shows the plea itself was involuntary due to ineffective counsel.
• Whitaker v. Estelle
  509 F.2d 194· 5th Cir.· 1975-03-06 ·cited 6×
  The court held that the appellant's state rape conviction was not unconstitutional, as his arrest was based on probable cause, his confession was voluntary, and the state court had jurisdiction.
• Gamble v. State OF Ala.
  509 F.2d 95· 5th Cir.· 1975-03-05 ·cited 6×
  The court held that a prisoner is constitutionally entitled to credit for time spent in state-imposed imprisonment while awaiting appeal.
• Graziano v. State
  305 So. 2d 867· Fla. 3d DCA· 1975-01-14 ·cited 6×
  Graziano, arrested on a fugitive warrant for crimes allegedly committed in New York, sought habeas corpus relief in Florida claiming he was not the person charged. The trial court found against him on the identity issue and ordered his remand for extradition. The appellate court
• Eagle v. Andera
  508 F.2d 1293· 8th Cir.· 1975-01-08 ·cited 6×
  The court held that the contributing to delinquency statute was not unconstitutionally vague as applied to the appellants' conduct, but remanded the disorderly conduct statute for an evidentiary hearing on its construction.
• Rodriguez v. State of Fla. & Don Genung
  305 So. 2d 305· Fla. 2d DCA· 1974-12-31 ·cited 6×
  The court held that the trial court erred in admitting hearsay testimony from confidential informants and that the remaining evidence was insufficient to support the bail amount.
• Johnson v. Robinson
  509 F.2d 395· D.C. Cir.· 1974-12-23 ·cited 6×
  The court held that the petitioner must first seek relief in the District of Columbia courts before filing a federal habeas corpus petition, as the statutory remedy is not demonstrably inadequate or ineffective.
• Culotta v. Warden Pickett
  506 F.2d 1061· 7th Cir.· 1974-12-05 ·cited 6×
  A federal prisoner is not entitled to credit on his federal sentence for time spent in exclusive state custody for a parole violation, even if the parole violation stemmed from acts that also violated federal law.
• Dunker v. Vinzant
  505 F.2d 503· 1st Cir.· 1974-11-01 ·cited 6×
  The court held that the appellant's counsel's closing argument, though maladroit, did not fall below the standard for effective assistance of counsel, and thus habeas corpus relief was properly denied.
• Gibbs v. Louie L. Wainwright
  302 So. 2d 175· Fla. 2d DCA· 1974-10-25 ·cited 6×
  Gibbs challenged his parole revocation on due process and double jeopardy grounds. The Florida District Court of Appeal held that Gibbs received adequate procedural due process under Morrissey v. Brewer and that the forfeiture of gain time and parole credit upon revocation does n
• United States ex rel. Jose Juan Soto v. United States
  504 F.2d 1339· 3d Cir.· 1974-10-24 ·cited 6×
  The court held that a defendant's statutory right to proceed pro se is waived if not asserted, and the trial court is not obligated to advise a defendant of this right. It also held that the trial court did not abuse its discretion in denying appointed counsel's motion to withdra
• Davis v. Estelle
  502 F.2d 523· 5th Cir.· 1974-10-14 ·cited 6×
  The court held that the record was inadequate to determine if counsel was present at sentencing for a prior conviction used for sentence enhancement, requiring further evidentiary hearing.
• Carmen v. State
  300 So. 2d 713· Fla. 2d DCA· 1974-09-27 ·cited 6×
  Florida appellate court reversed dismissal of Carmen's Rule 3.850 post-conviction relief petition filed in the trial court, holding that the trial court had jurisdiction to consider claims challenging the propriety of original proceedings.
• Mattingly v. Ciccone
  503 F.2d 502· 8th Cir.· 1974-09-23 ·cited 6×
  A remand for an evidentiary hearing is not required when there are no disputed issues of fact.
• Potvin v. Keller
  299 So. 2d 149· Fla. 3d DCA· 1974-09-03 ·cited 6×
  Parents challenged a dependency adjudication of their three-year-old daughter, claiming they were denied counsel and due process rights. The Florida appellate court affirmed the lower court's dismissal, holding that dependency proceedings (unlike delinquency proceedings) do not r
• Bell v. Hongisto
  501 F.2d 346· 9th Cir.· 1974-07-26 ·cited 6×
  California Code of Civil Procedure § 1222, which denies a right to appeal contempt convictions and bail pending review, does not violate the Equal Protection Clause, and § 1211, permitting summary contempt punishment, was not applied in violation of Due Process.
• Van Akins v. Cardwell
  500 F.2d 47· 9th Cir.· 1974-06-21 ·cited 6×
  The court held that the presumption of prejudice from jury instruction error in the absence of defendants was not overcome, and a prior due process claim was not retroactive.
• Parrott v. State OF Ark.
  497 F.2d 1123· 8th Cir.· 1974-06-20 ·cited 6×
  The court held that the petitioner was not denied a fair trial due to alleged jury misconduct, including prosecutor-arranged meals, witness contact, and law enforcement comments.
• State v. Hill
  299 So. 2d 625· Fla. 1st DCA· 1974-06-18 ·cited 6×
  The State appeals a trial court's order discharging a defendant under Florida's speedy trial rule. Although the appellate court agrees with the State that a speedy trial demand filed before the information was a nullity under precedent, it affirms the discharge based on habeas co
• Berry v. Cowan
  497 F.2d 1274· 6th Cir.· 1974-06-12 ·cited 6×
  The court held that the federal courts must defer to state court factual findings when supported by the record, and that the petitioner received constitutionally effective assistance of counsel.
• Mordecai Ague v. The Honorable Malcolm Wilson (as Successor in Off. to the Honorable Nelson A. Rockefeller)
  498 F.2d 961· 2d Cir.· 1974-05-24 ·cited 6×
  The court held that the plaintiff waived his right to a hearing by refusing to participate in state court proceedings and that his claims of constitutional violations were insubstantial.
• Constantine Lantz v. State
  293 So. 2d 118· Fla. 3d DCA· 1974-04-23 ·cited 6×
  A municipal court judge challenges a circuit court's decision to quash his conviction and sentencing orders in a habeas corpus proceeding brought by a defendant challenging an excessive bail amount. The appellate court reversed, holding that the habeas corpus petition should have
• Favis Clay Martin v. Estelle
  492 F.2d 1120· 5th Cir.· 1974-04-19 ·cited 6×
  The court held that the denial of an appeal from a preliminary competency trial does not violate constitutional rights, as Texas law does not provide such an appeal and all similarly situated defendants are treated alike.
• Flores v. Estelle
  492 F.2d 711· 5th Cir.· 1974-04-15 ·cited 6×
  The court held that the trial court's refusal to compel a toxicologist to testify as an expert witness, despite the witness's refusal to offer an opinion without being retained, constituted an error that required an evidentiary hearing to determine if it was harmless beyond a rea
• United States v. Laird
  494 F.2d 709· 4th Cir.· 1974-04-01 ·cited 6×
  The court held that the administrative denial of a conscientious objector discharge was defective for failing to state reasons, but the proper remedy was remand, not immediate discharge.
• State OF Wis. ex rel. Thomas Monsoor v. Gagnon
  497 F.2d 1126· 7th Cir.· 1974-03-19 ·cited 6×
  Striking a defense witness's testimony on collateral credibility issues, after the witness invoked the Fifth Amendment, violates the Sixth and Fourteenth Amendments' right to compulsory process.
• Linwood A. Arrington v. Anderson McGRUDER
  490 F.2d 795· D.C. Cir.· 1974-01-25 ·cited 6×
  The court held that continued imprisonment beyond the original maximum release date due to parole violations, under D.C. Code § 206, does not violate due process and that the presumption of credit for pre-trial confinement applies.
• Holtzinger v. Estelle
  488 F.2d 517· 5th Cir.· 1974-01-17 ·cited 6×
  The court held that Texas did not lose jurisdiction over the inmate and that credit for time spent on parole or incarcerated in another state is not constitutionally mandated.
• United States ex rel. George Paxos v. Alfred T. Rundle. Appeal of the Commonwealth OF Pa.
  491 F.2d 447· 3d Cir.· 1974-01-16 ·cited 6×
  The dissent argues that the prosecutor's conduct violated due process and that the majority erred in finding the defense negligent.
• Ferrand v. Seamans
  488 F.2d 1386· 2d Cir.· 1973-12-13 ·cited 6×
  The court held that the Air Force's denial of conscientious objector status lacked a basis in fact, as the evidence overwhelmingly supported the petitioner's sincerity and the reasons for denial were legally insufficient.
• Patterson v. United States
  487 F.2d 341· 5th Cir.· 1973-11-09 ·cited 6×
  The court held that factual findings by the district court are binding on the court of appeals unless clearly erroneous.
• McKinley Lee Treadway v. Heidtman
  284 So. 2d 473· Fla. 4th DCA· 1973-11-02 ·cited 6×
  The court held that the statute permits only one recommitment for extradition, not successive ones, and therefore the petitioner is entitled to immediate release.
• Thomas v. Estelle
  486 F.2d 224· 5th Cir.· 1973-10-25 ·cited 6×
  The court affirmed the denial of federal habeas relief to the state prisoner applicant.
• Marston v. Oliver
  485 F.2d 705· 4th Cir.· 1973-10-09 ·cited 6×
  The court held that the Supreme Court's decision in Argersinger v. Hamlin, requiring counsel for misdemeanor convictions resulting in imprisonment, should not be applied retroactively to permit challenges to prior convictions solely for their collateral civil consequences, such a
• United States ex rel. John Smith v. Twomey
  486 F.2d 736· 7th Cir.· 1973-09-18 ·cited 6×
  The court held that the petitioner failed to allege a constitutional violation regarding delays in his state appellate process, and thus, federal intervention was not warranted.
• Ward v. Volpe
  484 F.2d 1230· 9th Cir.· 1973-09-18 ·cited 6×
  The court held that the Coast Guard's denial of the conscientious objector discharge had no basis in fact, as the applicant's objection crystallized after his enlistment.
• Moffitt v. Major Fred R. Ross & State of N.C.
  483 F.2d 650· 4th Cir.· 1973-08-29 ·cited 6×
  An indigent defendant is constitutionally entitled to the assistance of assigned counsel in seeking discretionary review in a state's highest court and in seeking a writ of certiorari to the United States Supreme Court.
• Shaffer v. Field
  484 F.2d 1196· 9th Cir.· 1973-08-27 ·cited 6×
  The admission of dying victim's spontaneous statements and the warrantless entry into the petitioner's locker did not violate the Sixth or Fourth Amendments, respectively, and the trial court's jury instructions did not violate due process.
• Knight v. State OF Minn.
  484 F.2d 104· 8th Cir.· 1973-07-20 ·cited 6×
  The court held that the defendant is entitled to a full hearing on his claims that his guilty plea was not made with knowledge of the crime's elements and that he was denied effective assistance of counsel.
• Kelley v. Swenson
  481 F.2d 86· 8th Cir.· 1973-06-22 ·cited 6×
  The court held that the petitioner had not failed to exhaust state remedies by not seeking a rehearing en banc, as Missouri law does not grant an absolute right to such review when only the application of established federal constitutional principles is involved.
• Gaxiola v. United States
  481 F.2d 383· 9th Cir.· 1973-06-01 ·cited 6×
  A guilty plea, voluntarily and intelligently entered with competent counsel, forecloses claims of prior constitutional violations, even if the defendant was unaware of a defense that later became established.
• DeWALT v. Commanding Officer
  476 F.2d 440· 5th Cir.· 1973-04-13 ·cited 6×
  The court held that there was a sufficient factual basis for the Army's denial of the petitioner's request for discharge as a conscientious objector.
• Henzel v. State
  475 F.2d 1271· 5th Cir.· 1973-04-06 ·cited 6×
  The court held that the district court did not err in denying the petition for a writ of habeas corpus.