Habeas Corpus

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

• Benn v. Eyman
  436 F.2d 1074· 9th Cir.· 1971-01-19 ·cited 6×
• Kirby v. Sutton
  436 F.2d 1082· 5th Cir.· 1971-01-18 ·cited 6×
  Appellants, a newspaper publisher and a reporter, appeal a civil contempt order issued after the reporter refused to reveal the source for an article concerning an ethics complaint filed against county commissioners.
• United States ex rel. Charles Bishop H-4971 v. Rundle
  437 F.2d 204· 3d Cir.· 1971-01-12 ·cited 6×
  The court held that the confession was admissible as it was voluntary and the arrest was supported by probable cause, and that the issue of counsel at juvenile certification was not properly preserved.
• United States ex rel. Albert Jefferson v. Hon. Harold W. Follette
  438 F.2d 320· 2d Cir.· 1971-01-11 ·cited 6×
  The dissenting judge would reverse the order below, disagreeing with the majority's decision to override New York courts.
• Groppi v. Leslie
  436 F.2d 331· 7th Cir.· 1971-01-06 ·cited 6×
  The court should affirm the dismissal of the habeas corpus petition because the Assembly Resolution did not state sufficient facts to support the conclusion that Groppi was guilty of disorderly conduct punishable as contempt.
• Ellis George Payne v. Cardwell
  436 F.2d 577· 6th Cir.· 1971-01-06 ·cited 6×
  The court held that a state appellate court's decision alone is insufficient to deny a federal habeas corpus petition without an evidentiary hearing.
• Snyder v. State OF Neb.
  435 F.2d 679· 8th Cir.· 1970-12-24 ·cited 6×
  The court held that a state prisoner must first attempt to obtain a transcript in state courts before being entitled to one in federal habeas corpus proceedings. The court also held that the petitioner's guilty plea was voluntary.
• United States ex rel. Donald Kent v. Maroney
  435 F.2d 1020· 3d Cir.· 1970-12-23 ·cited 6×
  The court held that the adequacy of legal representation must be judged by the standard of normal competency, and remanded the case for a determination of whether the petitioner received such representation.
• United States ex rel. Louis Henry Burns v. LaVALLEE
  436 F.2d 1352· 2d Cir.· 1970-12-21 ·cited 6×
  The court held that the written statement obtained from the appellant was involuntary as a matter of federal constitutional law, despite state court findings to the contrary.
• YOO KUN WHA v. Sheriff OF Fulton Cnty.
  436 F.2d 966· 5th Cir.· 1970-12-11 ·cited 6×
  The court held that the defendant was not entitled to immediate dismissal of the detainer, as he had not made a post-Smith v. Hooey demand for a speedy trial in the state court.
• United States ex rel. Lloyd Grover Black v. Russell
  435 F.2d 546· 3d Cir.· 1970-12-11 ·cited 6×
  The court held that a petitioner cannot complain of deprivation of a right of appeal if the original deprivation has been fully redressed by a later granted nunc pro tunc appeal.
• United States ex rel. Malachi Beard, Jr. v. Rundle
  434 F.2d 588· 3d Cir.· 1970-12-04 ·cited 6×
  The court held that the defendant failed to prove indigency and therefore was not entitled to appointed counsel on appeal. Furthermore, the court found that the defendant had not exhausted his state remedies on the issue of counsel's alleged ineffectiveness.
• Willis v. Smith
  434 F.2d 1029· 5th Cir.· 1970-12-01 ·cited 6×
  The court affirmed the denial of the habeas corpus petition, finding no constitutional violations.
• United States ex rel. Richard J. Stuart v. Yeager
  434 F.2d 1308· 3d Cir.· 1970-11-30 ·cited 6×
  The court held that the district court correctly denied the petition for a writ of habeas corpus because the petitioner was not in custody in violation of federal law at the time of the petition.
• Airman First Class August Doyle v. Col. Henry C. Koelbl
  434 F.2d 1014· 5th Cir.· 1970-11-30 ·cited 6×
  The court held that the district court did not abuse its discretion in refusing to take jurisdiction of the habeas corpus petition and that the military regulation was valid.
• Edmundo Rodriguez-Romero v. Immigr. & Naturalization Serv.
  434 F.2d 1022· 9th Cir.· 1970-11-25 ·cited 6×
  The court held that the appellant was not a U.S. citizen and his deportation was lawful, affirming the denial of his habeas corpus petition.
• U. S. ex rel. August R. Gueldner v. Heyd
  434 F.2d 1307· 5th Cir.· 1970-11-24 ·cited 6×
  The court held that the appellant's claims regarding the prosecutor's opening statement, evidence admissibility, and conspiracy charge do not rise to the level of constitutional violations required for federal habeas corpus relief.
• United States ex rel. Earl Thomas Sadler v. Commonwealth of Pa.
  434 F.2d 997· 3d Cir.· 1970-11-19 ·cited 6×
  The court held that the petitioner's claims of inadequate counsel and involuntary guilty plea were without merit, applying updated legal standards that shifted the burden of proof to the petitioner.
• United States ex rel. Edward Stanley Miller and Joseph T. Quinones v. LaVALLEE
  436 F.2d 875· 2d Cir.· 1970-11-16 ·cited 6×
  The court held that while the identification procedure was unnecessarily suggestive, it was not so suggestive as to deny due process because there was no substantial likelihood of irreparable misidentification.
• Meadows v. Olin G. Blackwell
  433 F.2d 1298· 5th Cir.· 1970-11-11 ·cited 6×
  A federal convict is entitled to credit for time spent in custody on an invalid sentence when a valid sentence could have been served.
• Ardister v. Smith
  433 F.2d 931· 5th Cir.· 1970-11-11 ·cited 6×
  The court held that a preliminary hearing is not a critical stage for federal habeas relief and that the appellant must exhaust state remedies for other claims before seeking federal habeas corpus.
• Smith v. Beto
  433 F.2d 983· 5th Cir.· 1970-11-05 ·cited 6×
  The court held that the admission of the gun was proper and the Jackson v. Denno claim was without merit, but remanded the coerced confession claim for further findings.
• Sapp v. Louie L. Wainwright
  433 F.2d 317· 5th Cir.· 1970-11-03 ·cited 6×
  The court held that a prisoner denied counsel for an appeal is entitled to an out-of-time appeal.
• Haywood Williams, Jr. v. U. S. Dep't OF Just.
  433 F.2d 958· 5th Cir.· 1970-10-26 ·cited 6×
  The court held that a prison policy forbidding inmate assistance in preparing pro se legal documents is unconstitutional if no reasonable alternative exists, but affirmed the denial of relief regarding typewriter use.
• Otto Kuhn v. United States
  432 F.2d 82· 5th Cir.· 1970-10-02 ·cited 6×
  A federal prisoner must use a motion under 28 U.S.C. § 2255 in the sentencing court to challenge their conviction, unless they demonstrate the § 2255 remedy is inadequate or ineffective.
• Donlavey v. Smith
  432 F.2d 940· 5th Cir.· 1970-09-28 ·cited 6×
  The court held that the petitioner did not effectively present his claim of denial of counsel at the preliminary hearing to the state courts, and therefore has not exhausted his state remedies.
• Edison R. Womack v. Craven
  431 F.2d 1191· 9th Cir.· 1970-09-22 ·cited 6×
  The court held that admitting a prior conviction on advice of counsel, even if the prior conviction is questionable, constitutes a knowing and intelligent waiver of the right to contest its validity, analogous to a guilty plea under similar circumstances.
• Haywood Williams, Jr. v. United States
  431 F.2d 873· 5th Cir.· 1970-09-09 ·cited 6×
  A federal convict must exhaust administrative remedies before seeking judicial review for loss of good time.
• Johnson v. Craven
  432 F.2d 418· 9th Cir.· 1970-09-02 ·cited 6×
  The court held that the petitioner's claims of illegal search and seizure and ineffective assistance of counsel did not warrant habeas corpus relief.
• Watkins v. Nelson
  430 F.2d 1311· 9th Cir.· 1970-08-27 ·cited 6×
  The court held that the allegations of inadequate counsel and denial of compulsory process were insufficient to warrant habeas corpus relief.
• Naugle v. State OF Okla.
  429 F.2d 1268· 10th Cir.· 1970-08-25 ·cited 6×
  The court held that the Sixth Amendment right to a speedy trial is not a "law providing for the equal civil rights" under 28 U.S.C. § 1443, and thus does not support removal of a state criminal prosecution to federal court.
• Williams v. Nelson
  431 F.2d 932· 9th Cir.· 1970-08-18 ·cited 6×
  The court held that the district court correctly denied the petition for a writ of habeas corpus because the appellant failed to exhaust his state remedies.
• Light v. United States
  430 F.2d 932· 5th Cir.· 1970-08-13 ·cited 6×
  The court held that a federal prisoner seeking habeas corpus relief based on prison conditions must first exhaust administrative remedies within the Bureau of Prisons.
• United States ex rel. Harry James Lehman, III v. Laird
  430 F.2d 96· 4th Cir.· 1970-07-31 ·cited 6×
  A servicemember's sincere ethical or moral beliefs, even if not traditionally religious, can qualify as "religious training and belief" for conscientious objector status if they occupy a place parallel to God in the individual's life and function as a religion.
• Sellars v. Beto
  430 F.2d 1150· 5th Cir.· 1970-07-28 ·cited 6×
  The court held that the confessions were admissible and the appellant's constitutional rights were not violated, affirming the denial of the habeas corpus petition.
• Williams v. U. S. Bd. OF Paroles
  428 F.2d 1210· 5th Cir.· 1970-07-24 ·cited 6×
  The court held that a parole violator warrant must be issued within the maximum sentence term, but service of the warrant is not required within that term. Additionally, earned good time can be forfeited upon parole violation.
• LEE v. Beto
  429 F.2d 524· 5th Cir.· 1970-07-22 ·cited 6×
  The court held that the district court must make findings of fact and conclusions of law regarding the fundamental fairness of the petitioner's trial, including evidence of witness intimidation and racial prejudice.
• United States ex rel. Thomas N. Cole v. Mancusi
  429 F.2d 61· 2d Cir.· 1970-07-16 ·cited 6×
  The court held that the jury charge regarding the inference of guilt from possession of recently stolen property, while not a model, was cured by other instructions and did not violate the defendant's Fifth Amendment privilege against self-incrimination. The court also found the
• Silvero v. Chief OF Naval AIR Basic Training and Commanding Officer
  428 F.2d 1009· 5th Cir.· 1970-07-13 ·cited 6×
  A significant connection between the alleged crimes and naval service was present, thus military custody pending court-martial was permissible.
• United States ex rel. Edward J. Kislin v. State OF NEW Jersey
  429 F.2d 950· 3d Cir.· 1970-07-09 ·cited 6×
  The court held that the affidavit supporting the search warrant contained sufficient probable cause, distinguishing it from the insufficient affidavit in Spinelli v. United States.
• Jackson v. Beto
  428 F.2d 1054· 5th Cir.· 1970-07-06 ·cited 6×
  The court held that the selection of Jackson's trial jury did not contravene Witherspoon standards, as veniremen were properly questioned regarding their views on the death penalty.
• United States ex rel. Thomas Lemon v. Pate
  427 F.2d 1010· 7th Cir.· 1970-06-26 ·cited 6×
  A witness's narcotic addiction is relevant to their credibility, not their competency, unless it demonstrably impairs their mental capacity to testify.
• Petition of Alphonse Vincent Castaldi for a Writ of Habeas Corpus. Alphonse Vincent Castaldi
  428 F.2d 371· 8th Cir.· 1970-06-24 ·cited 6×
  The court held that the Parole Board has discretion to delay the execution of a parole violator warrant, and the delay in this case was not unreasonable.
• United States ex rel. Lee Wiggins H-5422 v. Commonwealth OF Pa.
  430 F.2d 650· 3d Cir.· 1970-06-16 ·cited 6×
  The court held that the rule requiring an on-record showing of an intelligent and voluntary guilty plea, established in Boykin v. Alabama, should not be applied retroactively to void a plea that was in fact knowing and voluntary.
• Peacock v. Hughes
  427 F.2d 359· 5th Cir.· 1970-06-12 ·cited 6×
  A federal convict is not entitled to credit on his sentence for time spent on parole if parole is revoked due to a violation.
• United States ex rel. William Cadogan v. Hon. J. Edwin LaVALLEE
  428 F.2d 165· 2d Cir.· 1970-06-05 ·cited 6×
  The court held that the denial of the suppression hearing transcript was harmless error given the overwhelming evidence of guilt and the transcript's lack of exculpatory value.
• Capitoli v. Louie L. Wainwright
  426 F.2d 868· 5th Cir.· 1970-05-26 ·cited 6×
  The court held that evidence discarded by defendants during a lawful police pursuit, based on probable cause, is admissible even if the pursuit was investigatory and prior to arrest.
• Pebworth v. Henderson
  428 F.2d 789· 5th Cir.· 1970-05-25 ·cited 6×
  The federal court correctly denied habeas corpus relief because the petitioner failed to exhaust state remedies for some claims and the state court record was adequate for others.
• McLUCAS v. Honorable Aaron J. Palmer
  427 F.2d 239· 2d Cir.· 1970-05-21 ·cited 6×
  Federal courts should not interfere with state criminal proceedings absent exceptional circumstances, even through declaratory judgment.
• Prince v. Beto
  426 F.2d 875· 5th Cir.· 1970-05-12 ·cited 6×
  The court held that appointing a husband as an interpreter for his deaf-mute wife, who was the sole witness against the defendant, violated the defendant's due process rights due to the inherent bias and potential for unfairness.