Habeas Corpus

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

• United States ex rel. Sirijo Tanfara v. Esperdy
  347 F.2d 149· 2d Cir.· 1965-06-21 ·cited 6×
  The court held that a prior judicial review of the denial of discretionary relief from deportation precludes further review via habeas corpus, absent specific statutory exceptions.
• Bervin Hayes v. Holman
  346 F.2d 991· 5th Cir.· 1965-06-14 ·cited 6×
  The court held that the petitioner had exhausted state remedies and was entitled to a hearing on his habeas corpus petition regarding the denial of counsel.
• Ellenson v. Caril Ann Fugate
  346 F.2d 151· 8th Cir.· 1965-06-04 ·cited 6×
  The court held that the federal district court should dismiss the habeas corpus proceeding without prejudice to allow the state prisoner to seek relief under Nebraska's new post-conviction statute.
• Adolphus Brooks v. Wainwright
  345 F.2d 641· 5th Cir.· 1965-05-12 ·cited 6×
  The court held that the petitioner must exhaust available state remedies under Florida Rule of Criminal Procedure 1 before renewing his federal habeas corpus application.
• United States ex rel. James Slebodnik v. Commonwealth OF Pa.
  343 F.2d 605· 3d Cir.· 1965-03-25 ·cited 6×
  The court held that the petitioner was not adequately informed of his rights, including the right to counsel, and the nature and consequences of his guilty plea, thus his waiver was not intelligent and understanding.
• Witt v. Nash
  342 F.2d 791· 8th Cir.· 1965-03-22 ·cited 6×
  The court held that the appellant had not exhausted his state remedies and therefore could not seek federal habeas corpus relief.
• United States ex rel. Joseph Dalton v. Myers
  342 F.2d 202· 3d Cir.· 1965-03-08 ·cited 6×
  The court affirmed the denial of the habeas corpus petition, remanding the appellant to state courts for a hearing on the merits.
• United States ex rel. John Ross v. LaVALLEE
  341 F.2d 823· 2d Cir.· 1965-02-23 ·cited 6×
  The court held that the appellant lacked standing to challenge the wiretap evidence and that the dismissal of co-defendants' charges did not invalidate his own conviction.
• Burns v. Harris
  340 F.2d 383· 8th Cir.· 1965-01-27 ·cited 6×
  The court held that the Uniform Code of Military Justice's Articles 10 and 32 are not the military equivalent of Federal Rule of Criminal Procedure 5(a) and the Mallory principle, and therefore, pre-trial confinement without immediate charges or investigation does not invalidate
• Jones v. Harris
  339 F.2d 585· 8th Cir.· 1964-12-30 ·cited 6×
  The Attorney General's authority to designate a prisoner's place of confinement, including transfer to a medical center, is not subject to review in habeas corpus proceedings.
• Buchanan v. State of Fla. ex rel. Morgan D. Morris
  167 So. 2d 43· Fla. 3d DCA· 1964-08-25 ·cited 6×
  A Florida appellate court reversed a circuit court's grant of habeas corpus relief to a defendant convicted of drunk driving as a second offender. The court held that habeas corpus is not available to challenge the sufficiency of an affidavit or complaint when the accusatory plea
• Underwood v. Bomar
  335 F.2d 783· 6th Cir.· 1964-08-19 ·cited 6×
  The court held that the appellants' constitutional rights were not violated regarding counsel, representation adequacy, indictment validity, or awareness of their guilty plea.
• Taylor v. Pegelow
  335 F.2d 147· 4th Cir.· 1964-07-28 ·cited 6×
  The appellate court affirmed the dismissal of the habeas corpus petition, finding that further proceedings should be conducted in the District of Columbia Court of General Sessions.
• Katz v. Peyton
  334 F.2d 77· 4th Cir.· 1964-06-22 ·cited 6×
  The court held that the police had probable cause to arrest the petitioner based on corroborated information from a store customer and their own observations.
• United States ex rel. Edward Abair v. Wilkins
  333 F.2d 742· 2d Cir.· 1964-06-11 ·cited 6×
  The court held that a federal evidentiary hearing was not required because the state court had provided a full and fair hearing with reliable findings.
• Allen v. Bannan
  332 F.2d 399· 6th Cir.· 1964-05-20 ·cited 6×
  A confession obtained during an unlawful detention in state court is admissible if it was voluntary and did not violate Fourteenth Amendment due process, even if a state statute regarding prompt arraignment was violated.
• Weaver v. Markley
  332 F.2d 34· 7th Cir.· 1964-05-13 ·cited 6×
  The court held that the granting of an adequate parole revocation hearing, even after an unreasonable delay, renders the subsequent custody lawful and defeats a claim for release on habeas corpus.
• Collins v. Klinger
  332 F.2d 54· 9th Cir.· 1964-05-12 ·cited 6×
  The court held that the introduction of evidence seized during a search incident to a lawful arrest did not violate the Fourteenth Amendment, and that state constitutional claims are not cognizable in federal habeas corpus.
• Haith v. United States
  330 F.2d 198· 3d Cir.· 1964-04-09 ·cited 6×
  The court held that a claim regarding a judge's absence during jury selection is of fundamental importance and requires the lower court to inquire into its merits, notwithstanding prior denials of successive motions.
• United States ex rel. Samuel D. Carthan v. Sheriff, City OF NEW York
  330 F.2d 100· 2d Cir.· 1964-04-06 ·cited 6×
  The court held that a city employee who waived immunity to testify before a grand jury could be held in contempt for refusing to produce his own tax returns, as the waiver extended to further inquiry into matters already disclosed.
• United States ex rel. Ralph Stoner v. Myers
  329 F.2d 280· 3d Cir.· 1964-03-09 ·cited 6×
  The court held that evidence found in plain view during a lawful departure from premises is not the product of an unlawful search and seizure, and that the admission of a criminal record solely for impeachment purposes, with proper jury instructions, does not raise a constitution
• United States ex rel. v. Pate
  326 F.2d 402· 7th Cir.· 1964-01-08 ·cited 6×
  The district court was not required to hold an evidentiary hearing on the petitioner's claims of constitutional violations.
• Yeaman v. United States
  326 F.2d 293· 9th Cir.· 1963-12-18 ·cited 6×
  The court held that a prior state sentence completed before the federal sentence was entered cannot be considered concurrent with the federal sentence. It also held that a hearing is not required when the merits of a habeas corpus petition can be determined from the record.
• Merino v. Hocke
  324 F.2d 687· 9th Cir.· 1963-11-23 ·cited 6×
  The court held that the denial of a motion to take depositions, even after an extradition hearing, is not a final appealable decision.
• Howerton v. Rivers
  326 F.2d 653· D.C. Cir.· 1963-11-21 ·cited 6×
  The court held that the District Parole Board properly applied the D.C. Code in revoking parole and forfeiting good time, and that the issue of the recommitment date extending beyond the original maximum sentence is not yet ripe for review.
• Christopher v. The State OF Iowa
  324 F.2d 180· 8th Cir.· 1963-11-01 ·cited 6×
  The court held that a prisoner cannot use the federal declaratory judgment statute to challenge the validity of a state-court judgment under which he is serving time.
• Paccione v. Heritage
  323 F.2d 378· 5th Cir.· 1963-10-03 ·cited 6×
  The court held that the lack of express specification of the sequence of service of consecutive sentences does not render a sentence concurrent as a matter of law.
• Alford v. Louie L. Wainwright
  156 So. 2d 1· Fla.· 1963-09-04 ·cited 6×
  John Alford petitioned for habeas corpus challenging his convictions on the grounds that he was denied the right to counsel. The Florida Supreme Court, guided by the landmark U.S. Supreme Court decisions in Carnley v. Cochran and Gideon v. Wainwright, vacated his convictions and
• White v. Beto
  322 F.2d 214· 5th Cir.· 1963-08-27 ·cited 6×
  The court held that an attorney's delinquency in paying state bar dues, when the attorney was privately retained, does not constitute a denial of due process, even if it could be an issue for appointed counsel.
• Peterson v. Louie L. Wainwright
  155 So. 2d 542· Fla.· 1963-07-31 ·cited 6×
  The Florida Supreme Court, pursuant to a remand from the U.S. Supreme Court, vacated its prior judgment and appointed a special commissioner to hear evidence on whether the petitioner was denied the right to counsel when he entered his guilty plea. This case addresses fundamental
• Otto C. Boles v. Kershner
  320 F.2d 284· 4th Cir.· 1963-06-29 ·cited 6×
  A state's failure to provide an indigent defendant with a trial transcript for appeal, when required by state law, violates the Fourteenth Amendment's due process and equal protection clauses.
• Devins v. Crouse
  319 F.2d 62· 10th Cir.· 1963-06-13 ·cited 6×
  The court held that the trial court's finding that the state judge did not have a question regarding the petitioner's competency was not clearly erroneous.
• United States ex rel. Claude Francis (Dyke) Swingle v. Rundle
  318 F.2d 64· 3d Cir.· 1963-05-23 ·cited 6×
  The court held that a defendant is entitled to reasonable notice and an opportunity to be heard regarding a recidivist charge, but not necessarily advance notice before the trial on the substantive offense. The court also held that a state supreme court's remand for a proper sent
• Patton v. State OF N.C.
  315 F.2d 643· 4th Cir.· 1963-03-25 ·cited 6×
• Jimenez v. Aristiguieta
  314 F.2d 649· 5th Cir.· 1963-03-01 ·cited 6×
  The court held that the District Court had jurisdiction to revoke the appellant's bail and remand him to custody, and that the appellant's motions for bail were without merit.
• COX v. Raburn
  314 F.2d 856· 10th Cir.· 1963-02-12 ·cited 6×
  The court held that the prisoner had not exhausted his state remedies as required by 28 U.S.C. § 2254, and thus the federal court improvidently issued the writ of habeas corpus.
• Hendrix v. Hand
  312 F.2d 147· 10th Cir.· 1962-12-11 ·cited 6×
  The court held that the mere signing of a pre-trial statement by the judge, without more, was insufficient to establish judicial prejudice violating due process.
• Arellano-Flores v. Rosenberg
  310 F.2d 118· 9th Cir.· 1962-11-09 ·cited 6×
  A prior final judgment in a declaratory judgment action is res judicata and bars relitigation of the same issues in a subsequent habeas corpus proceeding challenging the same deportation order.
• The United States v. Sigler
  308 F.2d 946· 5th Cir.· 1962-10-23 ·cited 6×
  The court held that denying an indigent appellant a complete trial transcript for appeal violates the Equal Protection Clause.
• Casimir Charles Ramasauskas v. Flagg
  309 F.2d 290· 7th Cir.· 1962-10-12 ·cited 6×
  The court held that the petitioner's departure to avoid military service and overstaying his visitor status were valid grounds for deportation, and his subsequent military service did not alter this status.
• Harrison v. Otto C. Boles
  307 F.2d 928· 4th Cir.· 1962-09-13 ·cited 6×
  The court held that a petition for a writ of habeas corpus cannot be used to review errors of fact or law committed during a trial that do not involve the denial of a constitutional right, and that the allegations in this petition were insufficient to warrant a hearing.
• Gibbs v. Cochran
  142 So. 2d 276· Fla.· 1962-06-15 ·cited 6×
  Petitioner Gibbs challenged his parole revocation by habeas corpus, arguing that a hearing before a single parole commissioner was improper and that revocation jurisdiction was lost after the parole period expired. The Florida Supreme Court affirmed the revocation, holding that G
• Luton v. The State OF Tex.
  303 F.2d 899· 5th Cir.· 1962-06-15 ·cited 6×
  The court held that the district court erred in refusing to admit an affidavit that could cast doubt on appointed counsel's testimony regarding jail visits.
• Denver Powell v. Beryle C. Sacks
  303 F.2d 808· 6th Cir.· 1962-06-15 ·cited 6×
  The Court held that a prior denial of habeas corpus does not bar reconsideration if new legal rulings or ends of justice warrant it, and remanded for a hearing on the merits.
• United States ex rel. George Robert Brown v. Ward Lane
  302 F.2d 537· 7th Cir.· 1962-05-04 ·cited 6×
  The court held that the State of Indiana denied the petitioner equal protection of the laws by preventing an indigent defendant from obtaining appellate review of a post-conviction remedy due to his inability to afford a transcript.
• Sunday v. Madigan
  301 F.2d 871· 9th Cir.· 1962-03-30 ·cited 6×
  The Uniform Code of Military Justice became effective in Korea at midnight on May 30-31, 1951, Korean standard time, and thus Article 120 was not applied ex post facto.
• Chavez v. Dickson
  300 F.2d 683· 9th Cir.· 1962-03-22 ·cited 6×
  The court held that appellants failed to exhaust state remedies regarding the accuracy of the Brenhaug statement due to lack of objection in state court. It also found that variances in the Hernandez statement were not material or prejudicial, and the introduction of photographs
• Urban v. Settle
  298 F.2d 592· 8th Cir.· 1962-02-02 ·cited 6×
  A prisoner transferred to a hospital for the mentally unsound cannot seek judicial determination of sanity or good-time accruals while so confined.
• Whittaker v. Winfred Overholser
  299 F.2d 447· D.C. Cir.· 1962-01-25 ·cited 6×
  The court held that the district court's dismissal of a habeas corpus petition without clear findings of fact or conclusions of law was improper, requiring remand.
• Simcox v. Madigan
  298 F.2d 742· 9th Cir.· 1962-01-23 ·cited 6×
  A dishonorable discharge does not divest military courts-martial of jurisdiction over offenses committed by a person while serving a sentence of imprisonment, even if the discharge is part of that sentence.