Habeas Corpus

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

• Mortimer L. Schultz v. Yeager
  403 F.2d 639· 3d Cir.· 1968-11-20 ·cited 6×
  The court held that the supplemental jury charge was not sufficiently effective to neutralize the constitutional error of commenting on the defendant's failure to testify.
• Kayton v. Louie L. Wainwright
  402 F.2d 471· 5th Cir.· 1968-11-04 ·cited 6×
  The court held that the denial of habeas corpus relief without a hearing was improper, as the petitioner's allegations required an evidentiary hearing.
• Ruip v. Commonwealth OF Ky.
  400 F.2d 871· 6th Cir.· 1968-10-03 ·cited 6×
  The court held that a Declaratory Judgment Act petition is not a substitute for other procedural remedies and that a state is not constitutionally compelled to bring a defendant to trial while they are incarcerated in a federal penitentiary.
• Hillard E. Smith v. Peyton
  408 F.2d 1009· 4th Cir.· 1968-10-02 ·cited 6×
  The court held that the petitioner had sufficiently exhausted state remedies by raising the issue of an illegally obtained confession at trial and on direct appeal, and thus the district court should not have dismissed the habeas corpus petition without requiring an answer.
• Minasian v. Capt. Paul R. Engle
  400 F.2d 137· 9th Cir.· 1968-08-06 ·cited 6×
  The court held that the district court had jurisdiction to hear the habeas corpus petition and that the appellant failed to exhaust administrative remedies by not complying with Navy procedures for a new application, treating his later letters as mere requests for reconsideration
• Martinez v. Craven
  397 F.2d 256· 9th Cir.· 1968-07-08 ·cited 6×
  A federal court should deny a habeas corpus petition if the petitioner has not exhausted available state remedies.
• Application of Michael Reynolds for a Writ of Habeas Corpus
  397 F.2d 131· 3d Cir.· 1968-07-02 ·cited 6×
  The dissenting judge would reverse the judgment and grant a new trial regarding the appellants' degree of guilt.
• van Ermen v. Burke
  398 F.2d 329· 7th Cir.· 1968-06-28 ·cited 6×
  The court held that the district court correctly denied the habeas corpus petition without an evidentiary hearing, as the state court's findings were supported by evidence and dispositive of the claims.
• Tynan v. Eyman
  397 F.2d 53· 9th Cir.· 1968-06-21 ·cited 6×
  The court held that the preliminary examination was not a critical stage and that the appellant suffered no prejudice from lack of counsel at that stage, and that the claim of perjured testimony was without merit.
• Poole v. Cletus J. Fitzharris
  396 F.2d 544· 9th Cir.· 1968-06-12 ·cited 6×
  The court held that a defense attorney can waive certain Sixth Amendment rights, like confrontation, as a matter of trial strategy, absent exceptional circumstances.
• Bennett v. Allen
  396 F.2d 788· 9th Cir.· 1968-06-12 ·cited 6×
  The court held that the complaint, seeking to invalidate a state conviction and restrain incarceration, should have been treated as a petition for a writ of habeas corpus, not a civil rights action.
• United States ex rel. Albert Jefferson v. Hon. Harold W. Follette
  396 F.2d 862· 2d Cir.· 1968-06-06 ·cited 6×
  The court held that the district court erred in dismissing the habeas corpus petition without a hearing, as the petitioner made a sufficient showing that he may have been denied the means to adequately develop facts at the state court hearing.
• Patterson v. Brown
  393 F.2d 733· 10th Cir.· 1968-04-30 ·cited 6×
  A federal habeas court has jurisdiction to consider constitutional claims despite state procedural default, unless the applicant deliberately bypassed state court procedures.
• United States ex rel. Odell Morton, Jr. v. The Hon. Vincent R. Mancusi
  393 F.2d 482· 2d Cir.· 1968-04-24 ·cited 6×
  A federal court in a habeas corpus proceeding cannot review the sufficiency of evidence presented at a state trial to sustain a conviction.
• Veljko Stanisic v. United States Immigr. & Naturalization Serv.
  393 F.2d 539· 9th Cir.· 1968-04-17 ·cited 6×
  Summary deportation under 8 U.S.C. § 1282(b) is only authorized if the crewman can be deported on the vessel on which he arrived or another vessel of the same line arranged before the original vessel's departure; otherwise, standard deportation procedures apply.
• Logner v. State OF N.C.
  392 F.2d 222· 4th Cir.· 1968-03-21 ·cited 6×
  The court affirmed the District Court's orders, finding no error in its determination that the confession was involuntary and in its subsequent procedural rulings.
• United States ex rel. Rushing Greer v. Pate
  393 F.2d 44· 7th Cir.· 1968-03-04 ·cited 6×
  The court held that the relator was properly tried by the State of Illinois, and that prosecutorial comments on the defendant's failure to testify were not grounds for habeas corpus relief as the conviction predated the Supreme Court's decision in Griffin v. California and subseq
• State of Fla. ex rel. Robert Shirley Owens v. Boyer
  207 So. 2d 29· Fla. 2d DCA· 1968-01-24 ·cited 6×
  In this extradition case, Florida District Court of Appeal reversed the lower court's discharge order and held that a rendition warrant for extradition must be evaluated for sufficiency as of the time of arrest based on documents actually attached or recited, not documents obtain
• United States ex rel. Otis Foose v. Rundle
  389 F.2d 54· 3d Cir.· 1968-01-24 ·cited 6×
  The court held that the warrantless search of the car was a lawful search incident to a lawful arrest.
• Merkel v. Beto
  387 F.2d 854· 5th Cir.· 1968-01-04 ·cited 6×
  The court held that the appellant was deprived of his right to a direct appeal with the assistance of counsel.
• United States ex rel. Ralph Staino, Jr. v. Brierly
  387 F.2d 597· 3d Cir.· 1967-12-29 ·cited 6×
  The court held that the use of a prisoner's silence as a "tacit admission" of guilt, under the circumstances of this case, violated the Fourteenth Amendment's due process clause.
• Basilio Francisco MIR v. Rosenberg
  390 F.2d 627· 9th Cir.· 1967-12-27 ·cited 6×
  The court held that it lacked jurisdiction to review an exclusion order because the alien failed to exhaust administrative remedies by waiving his right to appeal.
• Lovell v. Henderson
  386 F.2d 257· 6th Cir.· 1967-12-09 ·cited 6×
  The court held that the arrest was lawful because the arresting officer had probable cause, and the subsequent search was a valid incident to that arrest.
• Tuttle v. Decker
  386 F.2d 814· 5th Cir.· 1967-12-07 ·cited 6×
  The court held that the appellant's confession was voluntary and not the product of coercion, and thus the district court's denial of the habeas corpus petition was correct.
• Adolpho Rodriquez v. United States
  387 F.2d 117· 9th Cir.· 1967-12-05 ·cited 6×
  The court held that a defendant seeking to set aside a conviction based on failure to file a timely appeal must allege specific errors and prejudice, not just the failure itself.
• Cheek v. Swenson
  387 F.2d 339· 8th Cir.· 1967-12-04 ·cited 6×
  The court held that the appellant had not fully exhausted his state remedies under the newly amended Missouri Rule 27.26.
• Wilson v. Honorable Stanley A. Weigel
  387 F.2d 632· 9th Cir.· 1967-12-01 ·cited 6×
  The court held that while general discovery depositions are not authorized in habeas corpus proceedings, evidentiary depositions may be permissible under certain circumstances, and the district court's discretion in managing such proceedings should not be overridden by mandamus.
• Maness v. Swenson
  385 F.2d 943· 8th Cir.· 1967-11-17 ·cited 6×
  The court held that the petitioner's case should be remanded to the District Court to allow the Missouri courts an opportunity to consider whether the petitioner desired to appeal or knowingly waived his right to appeal, in light of evolving constitutional standards.
• Guerrero v. Beto
  384 F.2d 886· 5th Cir.· 1967-11-07 ·cited 6×
  The court held that the petitioner's allegations, if proven, would entitle him to release and require a hearing.
• United States ex rel. Alfred M. Wolak v. Howard A. Yeager (Warden)
  385 F.2d 478· 3d Cir.· 1967-11-06 ·cited 6×
  The court held that subjecting the defendant to a trial with the possibility of the death penalty, after a prior conviction with a recommendation of life imprisonment, constituted harmless constitutional error.
• Barbosa v. Wilson
  385 F.2d 319· 9th Cir.· 1967-10-30 ·cited 6×
  The court held that a prior conviction dismissed under California Penal Code § 1203.4 is still considered a felony for sentencing purposes under Health and Safety Code § 11501, and that the appellant was not deprived of due process.
• Levy v. Resor
  384 F.2d 689· 4th Cir.· 1967-10-27 ·cited 6×
  The court held that the prisoner was not entitled to bail pending appeal and that restraint after conviction was within the commanding officer's discretion, which was not abused.
• Baker v. LEE
  384 F.2d 703· 5th Cir.· 1967-10-27 ·cited 6×
  The court held that the district court erred in denying a habeas corpus petition for failure to exhaust state remedies when no state remedies were available, and without finding a deliberate bypass of state procedures.
• Montgomery Fly Cameron v. Hauck
  383 F.2d 966· 5th Cir.· 1967-09-05 ·cited 6×
  The court held that the indictment was sufficient to apprise the defendant of the elements of the offense and that the Texas statutory scheme for theft by false pretext does not violate due process or equal protection.
• Rouse v. Cameron
  387 F.2d 241· D.C. Cir.· 1967-09-01 ·cited 6×
  The dissenting judge expresses disagreement with the majority's decision to reverse, arguing the case should have been affirmed earlier.
• Lewis v. Henderson
  381 F.2d 523· 6th Cir.· 1967-07-19 ·cited 6×
• Rainsberger v. Fogliani
  380 F.2d 783· 9th Cir.· 1967-06-29 ·cited 6×
  The court held that the amended statute did not constitute an ex post facto law and that the state court's findings on confession voluntariness were adequately supported by the record.
• Dimitri Kapsalis v. Wilson
  380 F.2d 365· 9th Cir.· 1967-06-26 ·cited 6×
  The appeal is dismissed for lack of jurisdiction due to an untimely notice of appeal.
• United States ex rel. Orville Waldron v. Pate
  380 F.2d 94· 7th Cir.· 1967-06-22 ·cited 6×
  The court held that the district court properly dismissed the habeas corpus petition for failure to exhaust state remedies, as the petitioner had not presented his newly asserted constitutional claims to the state courts.
• Hooker v. United States Dist. Court
  380 F.2d 5· 9th Cir.· 1967-06-16 ·cited 6×
  The court held that mandamus is not appropriate to compel a judge to accept a lengthy memorandum as a habeas corpus petition or supplement, as discretion controls the extent of argument allowed.
• Phillips v. Dutton
  378 F.2d 898· 5th Cir.· 1967-06-15 ·cited 6×
  The court held that the appellant's sentence was tolled by his escape, and he has not yet served his full sentence.
• United States ex rel. Santiago DeFILLO v. Fitzpatrick
  378 F.2d 85· 2d Cir.· 1967-05-26 ·cited 6×
  The court held that the relator's detention as a parole violator was lawful, and the denial of his habeas corpus petition was proper.
• Norris v. Wilson
  378 F.2d 324· 9th Cir.· 1967-05-23 ·cited 6×
  A conviction following a guilty plea is based solely on the plea, not on prior evidence, and forecloses collateral attack unless the plea was coerced.
• Fitts v. United States
  376 F.2d 516· 10th Cir.· 1967-04-17 ·cited 6×
  The court affirmed the denial of the appellant's motion for sentence credit.
• McFARLAND v. Wilson
  376 F.2d 852· 9th Cir.· 1967-04-17 ·cited 6×
  The court held that the totality of circumstances did not indicate the incriminating statements were involuntary and inadmissible.
• United States ex rel. William Heirens v. Pate
  401 F.2d 147· 7th Cir.· 1967-04-11 ·cited 6×
  The court held that the petitioner is entitled to a hearing in the Illinois Supreme Court with appointed counsel due to a prior denial of counsel in writ of error proceedings.
• Flores v. Beto
  374 F.2d 225· 5th Cir.· 1967-03-13 ·cited 6×
  The court held that a state's erroneous interpretation of federal constitutional standards does not provide grounds for federal habeas corpus relief if the conviction was final before the relevant Supreme Court decisions were rendered.
• Williamson v. United States
  374 F.2d 90· 5th Cir.· 1967-03-06 ·cited 6×
  The court held that a sentence is not void or ambiguous merely because it is made consecutive to a prior sentence that is pending appeal.
• Sterns v. Louie L. Wainwright
  195 So. 2d 860· Fla.· 1967-03-01 ·cited 6×
  Jack Sterns challenged his imprisonment, claiming he had served his sentence. The Florida Supreme Court held that when Sterns's original robbery sentence was vacated and a new sentence imposed, he was entitled to credit for time served under the original sentence, but not for the
• Lett v. State
  195 So. 2d 608· Fla. 2d DCA· 1967-02-24 ·cited 6×
  The denial of a motion for rehearing in a proceeding under Criminal Procedure Rule #1 is not an appealable order.