Habeas Corpus

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

• 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.
• United States ex rel. Edmund P. Jackson v. Honorable Harold W. Follette
  425 F.2d 257· 2d Cir.· 1970-04-30 ·cited 6×
  The court held that the state trial judge's actions did not violate the appellant's rights, even if the judge failed to explicitly inform him of his right to self-representation, because the appellant's request to dismiss counsel was equivocal and appeared to be for delay.
• Betts v. Beto
  424 F.2d 1299· 5th Cir.· 1970-04-27 ·cited 6×
  The court held that a Texas convict is not entitled to credit on his sentence for time spent on parole, and that issues not raised in the district court are not properly before the appellate court.
• Fortunat J. Michaud v. Robbins
  424 F.2d 971· 1st Cir.· 1970-04-22 ·cited 6×
  The court held that the petitioner's will was not overborne by police conduct during the 1955 interrogation, and therefore, admitting his confessions did not violate due process.
• O'Hara v. Louie L. Wainwright
  233 So. 2d 429· Fla. 2d DCA· 1970-03-25 ·cited 6×
  Willie O'Hara filed a petition for habeas corpus challenging the legality of his conviction for a criminal offense after jury trial. The Florida District Court of Appeal issued the writ and appointed a circuit judge as commissioner to take testimony and resolve factual disputes b
• Bauer v. Beto
  423 F.2d 1113· 5th Cir.· 1970-03-23 ·cited 6×
  The court held that the prisoner impliedly consented to the removal of the wills, and the abandoned claim of denied compulsory process was properly declined.
• Private David H. O'Brien v. Resor
  423 F.2d 594· 4th Cir.· 1970-03-18 ·cited 6×
  The dissenting judge believes the Selective Service Board was not required to state its reasons for classifying O'Brien as 1-A.
• Newman v. Sigler
  421 F.2d 1377· 8th Cir.· 1970-03-11 ·cited 6×
  The court held that the petitioner's constitutional rights were not violated by the county attorney's dual role as prosecutor and witness, nor by the exclusion of certain testimony, and thus affirmed the denial of habeas corpus relief.
• Peoples v. Hocker
  423 F.2d 960· 9th Cir.· 1970-03-04 ·cited 6×
  The court held that the appellant's claims of error did not rise to the level of constitutional violations and affirmed the denial of his petition for a writ of habeas corpus.
• United States ex rel. Ralph Madison H-5666 v. Rundle
  422 F.2d 49· 3d Cir.· 1970-02-27 ·cited 6×
  The court held that the relator's guilty plea was voluntary and that he was not denied his constitutional rights regarding the death penalty or the right to appeal.
• Creasy v. Leake
  422 F.2d 69· 4th Cir.· 1970-02-12 ·cited 6×
  Evidence obtained from a warrantless search of an apartment, conducted remotely in time and place from the arrest, was improperly admitted at trial, and its admission was not harmless error.
• Garcia v. Baker
  421 F.2d 671· 10th Cir.· 1970-02-11 ·cited 6×
  The court held that the federal district court properly denied Garcia's habeas corpus petition, affirming the denial of relief.
• Ambry D. Allen, Jr. v. Stynchcombe
  421 F.2d 1399· 5th Cir.· 1970-02-09 ·cited 6×
  The court held that the district court did not err in denying the petition for writ of habeas corpus without an evidentiary hearing.
• Quinn v. Laird
  421 F.2d 840· 9th Cir.· 1970-01-22 ·cited 6×
  The court held that the dismissal orders were no longer valid due to subsequent administrative action and a change in government policy regarding exhaustion of remedies.
• Darrel F. Parker v. Sigler
  419 F.2d 827· 8th Cir.· 1969-12-30 ·cited 6×
  Courts of Appeals lack jurisdiction to entertain original petitions for habeas corpus.
• Gilmore v. People OF the State OF Cal.
  419 F.2d 379· 9th Cir.· 1969-12-08 ·cited 6×
  The court held that the California kidnapping statute is not unconstitutional and that the trial judge complied with Rule 11 requirements for accepting a guilty plea.
• Goodwin v. Page
  418 F.2d 867· 10th Cir.· 1969-11-18 ·cited 6×
  The court held that a consecutive sentence for a subsequent crime runs independently of a prior conviction that is later declared void.
• United States ex rel. John C. Rebenstorf v. Pate
  417 F.2d 1222· 7th Cir.· 1969-09-22 ·cited 6×
  The court held that the district court erred in dismissing the claim of ineffective assistance of trial counsel without reviewing the state court record, and that the denial of a transcript and counsel for a post-judgment relief appeal was not a constitutional violation as the pr
• Braun v. Rhay
  416 F.2d 1055· 9th Cir.· 1969-09-15 ·cited 6×
  The court held that a resentencing without counsel violates the Sixth Amendment, and prior convictions affecting probation eligibility can be challenged in federal habeas corpus even if valid when imposed.
• United States ex rel. Roy Alden Magoon v. Reincke
  416 F.2d 69· 2d Cir.· 1969-09-08 ·cited 6×
  The court held that the admission of incriminating statements made after the petitioner's attorney requested interrogation cease violated the petitioner's constitutional right to counsel under Escobedo.
• Huffman v. Beto
  414 F.2d 1094· 5th Cir.· 1969-08-27 ·cited 6×
  The court held that the district court erred in failing to make specific findings of fact regarding the alleged use of perjured testimony, requiring vacation of that part of the judgment. The grant of an out-of-time appeal was affirmed as complete relief for the dismissed appeal
• Daniels v. Nelson
  415 F.2d 323· 9th Cir.· 1969-08-14 ·cited 6×
  The court held that a state prisoner's federal habeas corpus petition is premature while his direct appeal in the state court is still pending.
• Hutchinson v. Craven
  415 F.2d 278· 9th Cir.· 1969-08-14 ·cited 6×
  The court held that the district court erred in denying the habeas application based on prior proceedings because those proceedings lacked an evidentiary hearing on the merits. The court also noted a substantial new issue regarding denial of counsel that could warrant relief.
• United States ex rel. Clifford Hundley v. Mr. Warren Pinto
  413 F.2d 727· 3d Cir.· 1969-07-30 ·cited 6×
  The court held that the appellant's constitutional rights were not violated by the admission of a co-defendant's statement with limiting instructions, as the co-defendant testified and was available for cross-examination.
• Thompson v. Warden, Maryland Penitentiary
  413 F.2d 454· 4th Cir.· 1969-07-28 ·cited 6×
  The court held that there was no causal connection between the arrest and the confession, and the confession was voluntary.
• MacKey v. Koloski
  413 F.2d 1019· 6th Cir.· 1969-07-22 ·cited 6×
  The court held that a delayed appeal on the merits of the conviction is an available remedy that must be pursued to exhaust state remedies, even if subject to court discretion.
• Dennis v. People OF the State OF Cal.
  414 F.2d 424· 9th Cir.· 1969-07-11 ·cited 6×
  The court held that the petitioner's allegations of coercion and inadequate counsel were insufficient to warrant an evidentiary hearing on his habeas corpus petition.
• United States ex rel. James Morris Fletcher v. Maroney
  413 F.2d 15· 3d Cir.· 1969-07-08 ·cited 6×
  The court held that the appellant's contention regarding denial of counsel in state post-conviction proceedings must first be presented to the state courts for adjudication.
• Latney v. Ignatius
  416 F.2d 821· D.C. Cir.· 1969-06-30 ·cited 6×
  The court held that a civilian seaman, employed by a private company and not closely assimilated to military personnel, cannot be tried by court-martial for a crime committed in port, even in wartime.
• Turner v. State OF N.C.
  412 F.2d 486· 4th Cir.· 1969-06-16 ·cited 6×
  The court held that the defendant waived his right to appeal by his prolonged inaction and acquiescence in the abandonment of his appeal.
• Schwartz v. Major General John Franklin
  412 F.2d 736· 9th Cir.· 1969-06-10 ·cited 6×
  The court held that the Congressional War Powers permit the retroactive application of 10 U.S.C. § 673a, which may result in a minimal breach of a reservist's contract or infringement of personal freedom.
• Cline v. United States
  412 F.2d 323· 5th Cir.· 1969-06-03 ·cited 6×
  The court held that a motion to vacate judgment and sentence under 28 U.S.C. § 2255 requires the applicant to be in custody under the challenged judgment.
• Jones v. Peyton
  411 F.2d 857· 4th Cir.· 1969-06-02 ·cited 6×
  The court held that the warrantless searches were unreasonable because the antecedent arrests lacked probable cause, violating the Fourth and Fourteenth Amendments.
• United States ex rel. Ernest J. Bolognese E-9803 v. Brierley
  412 F.2d 193· 3d Cir.· 1969-05-28 ·cited 6×
  The court held that the appellant intentionally abandoned his right to a direct appeal by expressly withdrawing his motion for a new trial and asking to be sentenced.
• Ortiz v. Baker
  411 F.2d 263· 10th Cir.· 1969-05-26 ·cited 6×
  The court held that the federal habeas court did not err in denying relief without an evidentiary hearing because the state proceedings provided a full and fair hearing on the factual issues.
• United States ex rel. Burton N. Pugach v. Hon. Vincent R. Mancusi
  411 F.2d 177· 2d Cir.· 1969-05-12 ·cited 6×
  The court held that the defendant raised at least two non-frivolous grounds for collateral attack on his conviction, warranting a hearing.
• Clifton v. Beto
  411 F.2d 1226· 5th Cir.· 1969-05-07 ·cited 6×
• United States ex rel. Daniel Bolish v. Maroney
  409 F.2d 1404· 3d Cir.· 1969-04-24 ·cited 6×
• Berry v. Beto
  410 F.2d 503· 5th Cir.· 1969-04-18 ·cited 6×
  The court held that the state habeas court should have conducted an evidentiary hearing on the appellant's claims of ineffective assistance of counsel and an invalid guilty plea.
• Billingsley v. State OF NEW Jersey & the Principal Keeper of the State Prison at Trenton
  408 F.2d 1181· 3d Cir.· 1969-04-03 ·cited 6×
  The court held that under Escobedo, the failure to advise a suspect of their right to counsel before interrogation does not render statements inadmissible if the suspect did not request counsel.
• United States ex rel. Lewis Alexander Brooks v. McMANN
  408 F.2d 823· 2d Cir.· 1969-03-19 ·cited 6×
  The court held that a defendant's guilty plea is not rendered involuntary by the trial court's failure to warn of potential recidivist sentencing if the defendant was otherwise aware of the consequences.
• Monnich v. Kropp
  408 F.2d 356· 6th Cir.· 1969-03-12 ·cited 6×
  The court held that the district court afforded the petitioner a full evidentiary hearing and that the petitioner cannot claim error for declining to present evidence.
• Heath v. Louie L. Wainwright
  408 F.2d 1020· 5th Cir.· 1969-02-28 ·cited 6×
  The court affirmed the district court's denial of habeas corpus relief, finding no clear error in its factual findings or legal conclusions.
• Eyman v. Alford
  448 F.2d 306· 9th Cir.· 1969-02-24 ·cited 6×
  The dissenting judge believes the sentencing judge's reliance on unsworn, out-of-court statements to resolve crucial factual disputes regarding mental illness violated due process.
• Grady v. Boutwell, Jr.
  408 F.2d 629· 5th Cir.· 1969-02-19 ·cited 6×
  The court held that the district court's findings were not clearly erroneous and affirmed the denial of the petition for a writ of habeas corpus.
• Shone v. State OF Me.
  406 F.2d 844· 1st Cir.· 1969-01-31 ·cited 6×
  The court held that transferring a juvenile to a functionally distinct correctional center based on a finding of incorrigibility, without providing the procedural safeguards afforded to others facing similar commitments, violates the Due Process and Equal Protection Clauses of th
• Parker v. Comstock
  404 F.2d 746· 9th Cir.· 1968-12-18 ·cited 6×
  The court held that the denial of habeas corpus relief cannot be sustained solely on the ground that the applicant is challenging only the first of two consecutive sentences.
• Rhodus v. Patterson
  404 F.2d 890· 10th Cir.· 1968-12-12 ·cited 6×
  A prisoner is considered 'in custody' for habeas corpus purposes even if release is not immediate, allowing adjudication of constitutional claims.
• Strouth v. Peyton
  404 F.2d 537· 4th Cir.· 1968-11-27 ·cited 6×
  The court held that the district court should abstain from hearing the habeas corpus petition to allow the state court an opportunity to hear the prisoner's claims, given the evolving remedies in both systems.
• Clarke v. Henderson
  403 F.2d 687· 6th Cir.· 1968-11-27 ·cited 6×
  The court held that a full evidentiary hearing is necessary to determine the constitutionality of the warrantless seizure of clothing, as the prior record was inadequate and the case predated relevant Supreme Court precedent.