Habeas Corpus

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

• Freeman C. Edmaiston v. Neil
  452 F.2d 494· 6th Cir.· 1971-12-03 ·cited 6×
  The Sixth Amendment speedy trial right does not apply to pre-arrest delay, which is governed by the statute of limitations.
• United States ex rel. William Robert Calhoun v. Twomey
  454 F.2d 326· 7th Cir.· 1971-12-02 ·cited 6×
  The court held that the failure to provide counsel for an inmate's return to the surrendering state after extradition does not violate constitutional due process or equal protection, nor does it divest the surrendering state of jurisdiction.
• Marchese v. Angus D. McEACHEN
  451 F.2d 555· 9th Cir.· 1971-11-29 ·cited 6×
  A prisoner convicted of a narcotics violation, released early due to good behavior, is subject to post-release supervision, even if parole is otherwise prohibited for such offenders.
• Dinkins v. Louie L. Wainwright
  451 F.2d 587· 5th Cir.· 1971-11-29 ·cited 6×
• Burnside v. Sigler
  451 F.2d 987· 8th Cir.· 1971-11-24 ·cited 6×
  The court held that the petitioner failed to exhaust his state remedies regarding his claim of ineffective assistance of counsel.
• Eugene v. Ross
  451 F.2d 298· 5th Cir.· 1971-11-22 ·cited 6×
  The court held that the district court erred in denying habeas corpus relief without an evidentiary hearing, as the petitioner's allegations regarding misleading advice about his guilty plea were not conclusively refuted by the record.
• Doll Holloway v. Louie L. Wainwright
  451 F.2d 149· 5th Cir.· 1971-11-16 ·cited 6×
  The court held that the appellant's petition for habeas corpus was properly denied because his claim of non-compliance with Florida Statutes § 932.38 did not rise to a constitutional level and he had not exhausted state remedies for other claims.
• Private John Thomas Bradley, Jr. v. Hon. Melvin Laird
  449 F.2d 898· 10th Cir.· 1971-10-28 ·cited 6×
  The court held that a registrant unlawfully inducted into the military due to a delinquency declaration based on mailing in his draft card is entitled to habeas relief, and the government's arguments regarding available remedies, waiver, and delay are unpersuasive.
• United States ex rel. Warren H. Slough v. Yeager
  449 F.2d 755· 3d Cir.· 1971-10-21 ·cited 6×
  The court held that the district court did not abuse its discretion in denying bail pending disposition of a habeas corpus petition.
• Private E-3 Vincent Ames v. Laird
  450 F.2d 314· 9th Cir.· 1971-10-13 ·cited 6×
  The court held that there was no basis in fact for the military's determination that the applicant's conscientious objector beliefs matured before his induction order.
• Kurtz v. Laird
  449 F.2d 210· 5th Cir.· 1971-09-29 ·cited 6×
  The court held that the Army Review Board had a basis in fact to deny the appellant's conscientious objector application because his stated opposition was to 'war as we know it today,' not to war in any form.
• Scarpetta v. DeMARTINO
  254 So. 2d 813· Fla. 3d DCA· 1971-09-28 ·cited 6×
  Olga Scarpetta sought a writ of habeas corpus to regain custody of her minor child from Nick and Jean DeMartino, claiming they held illegal custody. The Florida appellate court affirmed the trial judge's denial of the petition, finding that the child's best interests were served
• Johnson v. Smith
  447 F.2d 985· 5th Cir.· 1971-09-02 ·cited 6×
• Rehart v. Commander Lynn R. Clark
  448 F.2d 170· 9th Cir.· 1971-09-01 ·cited 6×
  The court held that a BUPERS Instruction, referenced in an enlistment extension agreement, is part of the governing law and cannot be disregarded in interpreting the agreement, even under the parol evidence rule.
• Olivas v. State OF Ariz. ex rel.
  447 F.2d 974· 9th Cir.· 1971-09-01 ·cited 6×
  The admission of out-of-court statements in violation of Bruton v. United States was harmless error because the overwhelming evidence of guilt rendered the improperly admitted testimony non-contributory to the conviction.
• United States ex rel. Arthur Kameshka v. Col. Donald F. Neff
  446 F.2d 1164· 3d Cir.· 1971-08-17 ·cited 6×
  The court held that the Selective Service board's denial of a II-A occupational deferment was arbitrary and without a basis in fact, requiring reversal of the lower court's decision.
• United States ex rel. Donald Somerville v. State OF Ill.
  447 F.2d 733· 7th Cir.· 1971-07-20 ·cited 6×
  The court held that the prior dismissal of the habeas corpus petition was erroneous and that the petitioner should be discharged, reconsidering the case in light of United States v. Jorn and Downum v. United States.
• United States ex rel. Theodore R. Lewis v. Pate
  445 F.2d 506· 7th Cir.· 1971-07-15 ·cited 6×
  The court held that a defendant's failure to object to the admission of a statement on the basis of voluntariness, absent an 'alerting circumstance,' forecloses the contention that the trial court was obliged sua sponte to conduct a voluntariness hearing.
• United States ex rel. Dr. Jesse Williams, II v. Zelker
  445 F.2d 451· 2d Cir.· 1971-07-02 ·cited 6×
  The District Court erred in withholding consideration of the constitutionality of the statute attacked, and the judgment below is vacated.
• Owings v. Secretary OF the United States AIR Force (Safos)
  447 F.2d 1245· D.C. Cir.· 1971-06-30 ·cited 6×
  The court held that the issuance of checks for military payment certificates, even if later exchanged for gambling slugs, does not constitute a gambling transaction for purposes of military law, and thus the conviction for wrongful appropriation was not a constitutional defect.
• Grover Cleveland McDANIEL v. Sheriff OF Dallas Cnty. & State of Tex.
  445 F.2d 851· 5th Cir.· 1971-06-24 ·cited 6×
  The court held that a habeas corpus petition is not moot even if the sentence has been served, and the petitioner is entitled to adjudication on the merits if state remedies are exhausted.
• Howard v. Craven
  446 F.2d 586· 9th Cir.· 1971-06-15 ·cited 6×
• Elliott Laurence Blatt v. Local Bd. NO. 116 Fredericksburg City Selective Serv. Sys.
  443 F.2d 304· 4th Cir.· 1971-06-08 ·cited 6×
  The court held that preinduction judicial review of a registrant's classification is barred by statute unless the classification involves a clear departure from a statutory mandate, which is not the case when the issue is a factual determination of medical qualification.
• Ridge v. Turner
  444 F.2d 3· 10th Cir.· 1971-06-07 ·cited 6×
  The court held that the district court's finding of a coerced guilty plea was supported by the evidence, but the order for immediate discharge was improper.
• Reed v. Turner
  444 F.2d 206· 10th Cir.· 1971-06-07 ·cited 6×
  The court held that a guilty plea induced by promises of leniency is involuntary and subject to collateral attack, but the immediate release of the petitioner was an abuse of discretion.
• Mitchell v. Salisbury
  443 F.2d 324· 6th Cir.· 1971-06-04 ·cited 6×
  The court affirmed the district court's finding that the petitioner had filed a timely notice of appeal, but modified the order to avoid directing the state court's actions.
• United States ex rel. Carl E. DeFLUMER, Jr. v. Mancusi
  443 F.2d 940· 2d Cir.· 1971-06-02 ·cited 6×
  The court held that the petitioner's guilty plea was constitutionally valid, despite claims regarding his confession, parental advice, and statutory age distinctions.
• Payne v. Wingo
  442 F.2d 1192· 6th Cir.· 1971-06-02 ·cited 6×
  The court held that a federal district judge must personally conduct an evidentiary hearing in a habeas corpus proceeding, and cannot delegate this duty to a Special Master.
• Thomason v. Smith
  442 F.2d 1330· 5th Cir.· 1971-05-26 ·cited 6×
  The court held that the federal district court improperly ruled on the prisoner's allegations without first determining if state remedies had been exhausted.
• United States ex rel. Edwin Walker v. Maroney
  444 F.2d 47· 3d Cir.· 1971-05-24 ·cited 6×
  The court held that the Supreme Court's decision in Coleman v. Alabama should not be applied retroactively to the relator's preliminary hearing.
• Heezen v. Daggett
  442 F.2d 1002· 8th Cir.· 1971-05-11 ·cited 6×
  The court held that a parolee is not entitled to appointed counsel at a parole revocation hearing, and any delay in holding the hearing does not render it a nullity if it is eventually held.
• Gibson v. Dell
  443 F.2d 75· 9th Cir.· 1971-04-27 ·cited 6×
• Collins v. Judge Virlyn B. Moore
  441 F.2d 550· 5th Cir.· 1971-04-23 ·cited 6×
  Judges are immune from liability for damages when acting within their judicial duty, and proper recourse for errors is appeal or habeas corpus.
• Isaiah Henry v. Ciccone
  440 F.2d 1052· 8th Cir.· 1971-04-15 ·cited 6×
  The court held that while the appellant's rights were violated due to significant delays in his transfer, the case is now moot because he has been transferred. However, the court strongly criticizes the systemic delays and callousness at the Federal Medical Center (FMC).
• Courtney v. Sarver
  440 F.2d 1197· 8th Cir.· 1971-04-12 ·cited 6×
  The court held that the record was inadequate to review the petitioner's claims regarding denial of appeal and fair trial, remanding for further findings.
• United States ex rel. John Wash. v. Yeager
  448 F.2d 87· 3d Cir.· 1971-03-31 ·cited 6×
  The court held that the prosecutor's and trial judge's references to the defendant's prior criminal record, while not ideal, did not rise to the level of constitutional error, especially since the defense attorney had also introduced the record to the jury.
• Plaskett v. Warden Ray H. Page
  439 F.2d 770· 10th Cir.· 1971-03-22 ·cited 6×
  The failure of retained counsel to perfect an appeal is not a denial of due process or grounds for federal habeas relief, nor is there a right to appointed counsel for an out-of-time appeal.
• Laudermilk v. Cal. Dep't OF Corr. & W. T. Stone
  439 F.2d 1278· 9th Cir.· 1971-03-16 ·cited 6×
  The dissenting judge believes the trial court erred by accepting a guilty plea without a sanity hearing, despite evidence of mental illness.
• United States ex rel. William W. Crossman v. Pate
  440 F.2d 535· 7th Cir.· 1971-03-11 ·cited 6×
  The court held that the record conclusively demonstrated the petitioner was competent to enter a guilty plea and was not entitled to an evidentiary hearing.
• Rhinehart v. Rhay
  440 F.2d 718· 9th Cir.· 1971-03-11 ·cited 6×
  The court held that the district court's standard of state prosecutorial conduct was unrealistic and reversed the judgment ordering retrial or release.
• United States ex rel. John D. Hutcheson, Jr. v. Hoffman
  439 F.2d 821· 5th Cir.· 1971-03-04 ·cited 6×
  The court held that the Army was entitled to conclude that the petitioner's services were not essential to the community's health, safety, or welfare under Army Regulation 601-25.
• Chavez v. Warden Maurice Sigler
  438 F.2d 890· 8th Cir.· 1971-03-04 ·cited 6×
  A state prisoner seeking a transcript for a habeas corpus petition must first exhaust state remedies, including presenting the request for the transcript and substantive allegations to the state courts.
• Turner v. Lloyd
  439 F.2d 138· 9th Cir.· 1971-03-04 ·cited 6×
  The court held that the appellant failed to exhaust state remedies because he did not seek further state court relief after his initial petitions were denied and did not raise the same issues in all state petitions.
• Polsky v. Major General Roderick Wetherill
  438 F.2d 132· 10th Cir.· 1971-02-24 ·cited 6×
  The dissenting judge would hold that the prior ruling does not bar a hearing on a habeas petition when the government waives the exhaustion of military remedies.
• Brown v. Craven
  438 F.2d 334· 9th Cir.· 1971-02-17 ·cited 6×
  The court held that the petitioner's claims regarding denial of counsel at preliminary examination and denial of bail pending appeal did not raise federal constitutional questions.
• Nowak v. Major General Collins
  437 F.2d 1303· 3d Cir.· 1971-02-16 ·cited 6×
  A graduate student is 'satisfactorily pursuing a full-time course of instruction' for a I-S(c) deferment if enrolled in a full-time program during the academic year of induction, and a certification from the school is prima facie proof.
• United States ex rel. Johnny Bussie Johnson v. Brig. General Richard L. Irby
  438 F.2d 114· 5th Cir.· 1971-02-05 ·cited 6×
  The court held that a registrant must show circumstances beyond his control to reopen classification after an induction order, and a teacher's change in employment status does not meet this standard.
• Bell v. Clark
  437 F.2d 200· 4th Cir.· 1971-02-05 ·cited 6×
  The court held that a court-martial has jurisdiction over a service member for a crime committed abroad, even if non-service connected, under the NATO Status of Forces Agreement.
• United States ex rel. Esaw Mitchell v. Pinto
  438 F.2d 814· 3d Cir.· 1971-02-03 ·cited 6×
  The court held that the prosecutor's and trial court's comments on the defendant's failure to testify were justified due to the defense's strategic courtroom demonstration and counsel's subsequent arguments about the defendant's silence.
• MacKey v. Oberhauser
  437 F.2d 120· 9th Cir.· 1971-01-22 ·cited 6×
  The court affirmed the denial of the habeas corpus petition, finding no error in the district court's decision.