Habeas Corpus

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

• Ingle v. Cletus J. Fitzharris
  375 F.2d 398· 9th Cir.· 1967-02-24 ·cited 6×
• Humphries v. The State OF Okla. & the Dist. Court of Garvin Cnty.
  373 F.2d 200· 10th Cir.· 1967-02-13 ·cited 6×
  The court held that a discrepancy in the date of a waiver of rights, coupled with an allegation of duress and lack of counsel, warrants a hearing to determine the waiver's validity.
• United States ex rel. Louis Roberts v. Hon. J. Edwin LaVALLEE
  373 F.2d 49· 2d Cir.· 1967-02-07 ·cited 6×
  The court held that the federal court should defer to state courts to determine the application of New York law regarding the denial of a free transcript of preliminary hearing minutes to an indigent defendant.
• Rosalio B. Montez v. Eyman
  372 F.2d 100· 9th Cir.· 1967-02-07 ·cited 6×
  The court held that the district court's finding of a knowing waiver of appeal was clearly erroneous and that the Arizona Supreme Court did not consider the merits of the appellant's claim regarding the mistrial denial.
• Smith v. Wilson
  371 F.2d 681· 9th Cir.· 1967-01-18 ·cited 6×
  The court held that the district court erred in dismissing the habeas corpus petition without resolving factual issues regarding exhaustion of state remedies and the applicability of McNally v. Hill.
• State of Fla. ex rel. Jesse Lee Taylor v. Warden OF Orange Cnty. Prison Farm
  193 So. 2d 606· Fla.· 1967-01-11 ·cited 6×
• Wilson v. Blabon
  370 F.2d 997· 9th Cir.· 1967-01-06 ·cited 6×
  The dissenting judge would affirm the district court's decision, finding the appellee's confinement based on an invalid conviction to be unjust and lacking jurisdictional foundation.
• United States ex rel. Harry Baldridge v. Pate
  371 F.2d 424· 7th Cir.· 1966-12-16 ·cited 6×
• Ames v. Middlebrooks
  369 F.2d 113· 5th Cir.· 1966-12-02 ·cited 6×
  The court held that the prisoner had not exhausted his state remedies, thus federal habeas corpus relief was premature.
• Jacobs v. Warden, Maryland Penitentiary
  367 F.2d 321· 4th Cir.· 1966-10-07 ·cited 6×
  The court held that the connection between the co-defendant's involuntary confession and the appellant's subsequent confession was too attenuated to render the appellant's confession involuntary.
• Thornton v. United States
  368 F.2d 822· D.C. Cir.· 1966-10-06 ·cited 6×
  28 U.S.C. § 2255 is available to federal prisoners to challenge the introduction of unlawfully obtained evidence, but claims previously litigated or deliberately bypassed on appeal may be dismissed.
• Lawrence v. Peyton
  368 F.2d 294· 4th Cir.· 1966-10-04 ·cited 6×
  Virginia did not violate double jeopardy requirements by retrying the petitioner for recidivism within a reasonable time after the invalidity of his first recidivist sentence was discovered, as the state reasonably relied on prior case law.
• Smallwood v. Warden, Maryland Penitentiary
  367 F.2d 945· 4th Cir.· 1966-09-26 ·cited 6×
  The court held that the petitioner's confession was involuntary due to coercive interrogation tactics and his intellectual deficiencies, thus violating his due process rights.
• Gamero v. Immigr. & Naturalization Serv.
  367 F.2d 123· 9th Cir.· 1966-09-06 ·cited 6×
  The court held that the appellant's extended absence from the United States rendered him ineligible for discretionary relief under the Immigration and Nationality Act, and the denial of his habeas corpus petition was supported by substantial evidence.
• Allen v. Wilson
  365 F.2d 881· 9th Cir.· 1966-08-30 ·cited 6×
  The court held that the appellant was not deprived of constitutional rights regarding counsel at his preliminary hearing, the effectiveness of his trial counsel, or the admission of statements made to law enforcement.
• Mihailoviki v. State OF Cal.
  364 F.2d 808· 9th Cir.· 1966-07-27 ·cited 6×
  The court held that the prisoner's constitutional claims were without merit and that the petition for a writ of habeas corpus was properly denied.
• Hall v. Warden, Maryland Penitentiary
  364 F.2d 495· 4th Cir.· 1966-07-26 ·cited 6×
  The court held that it could not vacate its prior judgment granting habeas corpus relief, as the judgment had become final and Rule 60(b) did not provide grounds for such relief, especially in light of intervening events.
• Hardee v. Wilson
  363 F.2d 848· 9th Cir.· 1966-06-29 ·cited 6×
  The court held that the district court correctly ruled that Escobedo v. Illinois does not apply retroactively to cases tried before its decision, and a guilty plea by a represented defendant forecloses collateral attack.
• Hutson v. Zeigler
  362 F.2d 200· 5th Cir.· 1966-06-17 ·cited 6×
  The court affirmed the denial of the habeas petition, holding that federal parole authorities retained jurisdiction over the petitioner and that the issue of denial of appointed counsel on appeal should first be addressed by Alaska state courts.
• United States ex rel. Frederick D. Siebold v. Reincke
  362 F.2d 592· 2d Cir.· 1966-06-16 ·cited 6×
  The court held that a guilty plea is not invalid if it rests on evidence other than the allegedly unconstitutionally obtained statements, and that Escobedo v. Illinois is not retroactive to convictions final before its decision.
• Webb v. Beto
  362 F.2d 105· 5th Cir.· 1966-05-31 ·cited 6×
  The court held that the district court did not err in denying the writ of habeas corpus, as the prisoner's claims of constitutional violations were unsupported by evidence or were waived.
• United States ex rel. Andor Daskal v. Hon. Albert Nena
  361 F.2d 178· 2d Cir.· 1966-05-16 ·cited 6×
  The admission of pre-arrest statements made by the petitioner did not violate his Sixth and Fourteenth Amendment rights to counsel.
• Arco v. Ciccone
  359 F.2d 796· 8th Cir.· 1966-04-29 ·cited 6×
  The court held that the district court properly dismissed the habeas corpus petition without a hearing because the issue of the appellant's mental competency was being addressed by the court where the charges were pending.
• The State of Fla. ex rel. Robert Wilbur Ball v. Buchanan
  185 So. 2d 510· Fla. 3d DCA· 1966-04-26 ·cited 6×
  The court held that the petitioner failed to meet his burden of showing that the proof of guilt was not evident or the presumption great for a capital offense, thus denying bail was correct.
• Scatterwood Kearney v. Peyton
  360 F.2d 589· 4th Cir.· 1966-04-25 ·cited 6×
  The court held that the failure to instruct the jury on self-defense, and the alleged incompetence of counsel in not requesting such an instruction, did not rise to the level of a constitutional violation sufficient for habeas corpus relief.
• Madison v. Tahash
  359 F.2d 60· 8th Cir.· 1966-04-18 ·cited 6×
  The court denied the petitioner's application for a certificate of probable cause, affirming the district court's denial of the writ of habeas corpus.
• Jones v. J. B. O'Connor, M.D.
  185 So. 2d 167· Fla.· 1966-04-06 ·cited 6×
  Jones seeks habeas corpus release from a state mental hospital where he was committed after being found criminally insane for murder charges. The Florida Supreme Court holds that the entry of a nolle prosequi terminated the circuit court's jurisdiction and removed its requirement
• Williams v. Babineaux
  357 F.2d 481· 5th Cir.· 1966-03-18 ·cited 6×
  The court held that the appellant knowingly, intelligently, and voluntarily waived her right to counsel and was adequately informed of the charges and consequences of a guilty plea.
• Beatty v. Kearney
  357 F.2d 667· 5th Cir.· 1966-03-11 ·cited 6×
  The court held that a federal prisoner cannot challenge a state conviction in federal habeas corpus proceedings, and the parole revocation was supported by sufficient evidence.
• Engling v. Crouse
  357 F.2d 267· 10th Cir.· 1966-03-01 ·cited 6×
  The court held that the failure to appoint counsel when a preliminary hearing is waived does not violate constitutional rights if no prejudice results.
• Ginyard v. Clemmer
  357 F.2d 291· D.C. Cir.· 1966-02-17 ·cited 6×
  The court held that the District of Columbia Board of Parole did not improperly delay the execution of a parole violator's warrant, and that habeas corpus was not the proper remedy.
• Petersen v. Dunbar
  355 F.2d 800· 9th Cir.· 1966-01-25 ·cited 6×
  A felony sentence imposed after revocation of probation, where jail time was served as a condition of probation, does not constitute double jeopardy.
• Sigler v. Bird
  354 F.2d 694· 8th Cir.· 1966-01-14 ·cited 6×
  The failure to provide counsel at a preliminary hearing where an uncounseled guilty plea could be used against the defendant constitutes a deprivation of constitutional rights.
• Robert O. (Bob) Hurt v. Page
  355 F.2d 169· 10th Cir.· 1966-01-04 ·cited 6×
  The court held that the district court did not abuse its discretion in dismissing the habeas corpus petition without a hearing, as the claims were either not properly presented to state courts or had been fairly litigated and decided adversely to the petitioner.
• Pece v. COX
  354 F.2d 913· 10th Cir.· 1965-12-23 ·cited 6×
  The court held that the failure to appoint counsel at the preliminary examination did not invalidate the subsequent trial where the defendant was represented by counsel and accorded constitutional rights.
• United States ex rel. Manuel M. Pizarro v. FAY
  353 F.2d 726· 2d Cir.· 1965-12-14 ·cited 6×
  A voluntary guilty plea entered on advice of counsel waives all non-jurisdictional defects in prior proceedings.
• Cozzie Merrill Jones v. Eyman
  353 F.2d 528· 9th Cir.· 1965-11-24 ·cited 6×
  The court held that the appellant was denied due process under the Vth and XIVth Amendments due to a lack of counsel and improper handling of his plea.
• United States ex rel. James Brennan v. Hon. Edward M. FAY
  353 F.2d 56· 2d Cir.· 1965-11-09 ·cited 6×
  The court held that the New York standard for coram nobis proceedings, requiring proof by a preponderance of the credible evidence, is consistent with the federal habeas corpus standard, and thus no new federal evidentiary hearing was required.
• Harris v. Otto C. Boles
  349 F.2d 607· 4th Cir.· 1965-08-17 ·cited 6×
  The court held that the recidivist sentence was void because the defendant was not duly cautioned as required by statute and because prior convictions used to support the sentence were void due to lack of counsel.
• Hubbard v. Tinsley
  350 F.2d 397· 10th Cir.· 1965-08-16 ·cited 6×
  The court held that the appellant voluntarily consented to the search of the locker, supporting the denial of his habeas corpus petition.
• United States ex rel. Aaron Robinson v. FAY
  348 F.2d 705· 2d Cir.· 1965-07-22 ·cited 6×
  The court held that a federal district court was justified in denying a habeas corpus hearing based on the state court record and that the petitioner was not denied constitutional rights regarding counsel at plea or sentencing.
• United States ex rel. Harold Konigsberg v. Warden Henry B. McFARLAND
  348 F.2d 215· 3d Cir.· 1965-07-14 ·cited 6×
  The court held that the lower court lacked jurisdiction to entertain the habeas corpus petition because it challenged future custody, not present custody.
• United States ex rel. Angelo Fazio v. Honorable Edward M. FAY
  348 F.2d 418· 2d Cir.· 1965-07-07 ·cited 6×
  The court held that the District Attorney did not knowingly use perjured testimony or suppress evidence, and affirmed the denial of the habeas corpus petition.
• Ward v. Peyton
  349 F.2d 359· 4th Cir.· 1965-07-02 ·cited 6×
  The admission of a confession obtained without counsel present, and a preliminary hearing on a manslaughter warrant, did not violate the petitioner's constitutional rights.
• Kerrigan v. Palmer C. Scafati
  348 F.2d 187· 1st Cir.· 1965-07-01 ·cited 6×
  The court held that the district court erred in dismissing the habeas corpus petition without a full and fair hearing, requiring a remand for further proceedings.
• Amos Black v. United States
  348 F.2d 159· 9th Cir.· 1965-06-25 ·cited 6×
• Saulsbury v. Lamoyne Green
  347 F.2d 828· 6th Cir.· 1965-06-25 ·cited 6×
  The court held that the petitioner's Fourth Amendment claim was adjudicated on the merits by the Ohio Supreme Court, and that Mapp v. Ohio is not retroactively applicable to convictions prior to its decision.
• Woods v. Munns
  347 F.2d 948· 10th Cir.· 1965-06-25 ·cited 6×
  The court held that the defendant failed to prove purposeful discrimination in jury selection or prejudice denying a fair trial, and that the jury instruction on conspiracy was proper under Kansas law.
• Murray v. State OF La.
  347 F.2d 825· 5th Cir.· 1965-06-25 ·cited 6×
  A state may constitutionally refuse to give effect to a pardon from another jurisdiction under its habitual criminal statute, as pardons are not uniform across states.
• Lundquist v. Taylor
  347 F.2d 369· 10th Cir.· 1965-06-22 ·cited 6×
  The formal written judgment and commitment, not the oral pronouncement, constitutes the effective sentence when it clarifies the court's intent.