Habeas Corpus

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

• Yaeger v. Dir. OF Dep't OF Welf. & Insts.
  298 F.2d 55· 4th Cir.· 1962-01-03 ·cited 6×
  The court held that the case must be remanded to the District Court for findings on whether the petitioner has exhausted state remedies before raising his constitutional claim in federal court.
• United States ex rel. James Dukes v. Sain
  297 F.2d 799· 7th Cir.· 1962-01-02 ·cited 6×
  The court held that the use of peremptory challenges to exclude potential jurors based on race or conscientious scruples against capital punishment, and the statute allowing juries to fix punishment in certain cases, do not violate constitutional rights.
• Valentine John Karp v. United States
  296 F.2d 564· 8th Cir.· 1961-12-11 ·cited 6×
  The court held that the district court correctly denied the appellant's petition for collateral relief and correctly denied leave to appeal in forma pauperis.
• Bolden v. Clemmer
  298 F.2d 306· D.C. Cir.· 1961-11-09 ·cited 6×
  The court held that the District Court should have inquired into the lawfulness of the prisoner's transfer, and the appeal was not moot despite the transfer.
• Worth v. People of the State OF Mich.
  291 F.2d 621· 6th Cir.· 1961-06-22 ·cited 6×
  The court denied the petitioner's motions for a certificate of probable cause, to proceed in forma pauperis, and for appointment of counsel.
• Forest Orville Buchanan v. McGEE
  290 F.2d 711· 9th Cir.· 1961-05-19 ·cited 6×
  The court held that the petitioner's habeas corpus petition was insufficient to invoke federal jurisdiction because it lacked specific allegations and failed to demonstrate exhaustion of state remedies.
• Patterson v. Ellsworth Medberry
  290 F.2d 275· 10th Cir.· 1961-05-04 ·cited 6×
  The Fourteenth Amendment's due process and equal protection clauses require states to provide indigent defendants with free trial transcripts necessary for adequate appellate review of criminal convictions.
• McKINNEY v. Weeks
  130 So. 2d 310· Fla. 2d DCA· 1961-04-26 ·cited 6×
  Joan McKinney appealed a lower court decision denying her habeas corpus petition to regain custody of her infant son born out of wedlock, who was placed with the Weeks for adoption. The appellate court reversed, finding that the adoption consent signed by the mother in blank (wit
• Moore v. Taylor
  289 F.2d 450· 10th Cir.· 1961-04-18 ·cited 6×
  The court held that 28 U.S.C. § 2255 provides an adequate and effective remedy, even if prior attempts to use it were unsuccessful or appeals were denied in forma pauperis.
• Sonnenberg v. Markley
  289 F.2d 126· 7th Cir.· 1961-04-06 ·cited 6×
  The Attorney General has discretion to transfer a juvenile delinquent committed to his custody to any penal institution, including those for adult criminals, provided it has appropriate facilities for treatment.
• Thompson v. Cochran
  126 So. 2d 564· Fla.· 1961-02-01 ·cited 6×
  Actual notice received by a parent after a minor's plea of guilty but before sentencing is insufficient to comply with the statutory requirement of prior notification.
• Devine v. Hand
  287 F.2d 687· 10th Cir.· 1961-01-24 ·cited 6×
  A defendant's conviction is not invalidated by being forcibly brought to the jurisdiction if the trial court had competent jurisdiction and followed constitutional procedural safeguards.
• Raggen v. Cochran
  126 So. 2d 145· Fla.· 1961-01-18 ·cited 6×
  The Florida Supreme Court granted habeas corpus relief to a minor prisoner who was charged with escape without proper notice to his parents or guardian as required by Florida statute. The court held that failure to comply with statutory notice requirements for minors constitutes
• Shelton v. State OF S.C. & W. M. Manning
  285 F.2d 540· 4th Cir.· 1961-01-10 ·cited 6×
  A state prisoner's federal habeas corpus petition may be dismissed if a state court appeal is pending that will address the same issues.
• Zavada v. Taylor
  285 F.2d 66· 10th Cir.· 1960-12-09 ·cited 6×
  The court held that releasing a federal parole violator to state authorities did not divest federal jurisdiction when the parole violation warrant was not served prior to release and was served after completion of the state sentence.
• Taylor v. Daniels
  284 F.2d 135· 10th Cir.· 1960-11-10 ·cited 6×
  The court held that a prisoner returned as a conditional release violator must serve the entire remainder of his sentence, regardless of prior premature release.
• Sims v. Smyth
  282 F.2d 814· 4th Cir.· 1960-10-06 ·cited 6×
  The court held that the petitioner had not demonstrated exhaustion of state remedies, and thus the federal court should not have entertained the habeas corpus petition.
• Pickens v. Colonel Weldon W. COX
  282 F.2d 784· 10th Cir.· 1960-10-04 ·cited 6×
  A sole surviving son's status does not divest a court-martial of jurisdiction if the exemption is not claimed and established before induction or through administrative procedures post-induction.
• Penrod v. Cochran
  123 So. 2d 334· Fla.· 1960-09-28 ·cited 6×
  Penrod challenges his conviction for issuing a worthless check in exchange for merchandise valued over $100, arguing the statute defines only a misdemeanor and that "merchandise" is too vague. The Florida Supreme Court affirms that Section 832.05(3) constitutes a felony when the
• Escute v. Delgado
  282 F.2d 335· 1st Cir.· 1960-09-23 ·cited 6×
  The court held that the petitioner was not entitled to counsel during the district attorney's interrogation as it was not a judicial proceeding, and his confession was voluntary, thus not violating due process.
• Lowell Edward Suit v. Ellis
  282 F.2d 145· 5th Cir.· 1960-09-07 ·cited 6×
  The court held that the petitioner's federal constitutional rights were not violated by the Texas trial court's denial of his motion for continuance, as the denial was consistent with Texas procedural rules and did not constitute an abuse of discretion.
• Rayburn M. Pasley v. Overholser
  282 F.2d 494· D.C. Cir.· 1960-07-19 ·cited 6×
• Gagliasso v. Rood
  279 F.2d 822· 4th Cir.· 1960-06-21 ·cited 6×
  The Court of Appeals dismissed the appeal because the appellant failed to obtain a certificate of probable cause, which is required for appeals in habeas corpus cases.
• United States ex rel. Ronald H. Connelly v. Cormier
  279 F.2d 37· 5th Cir.· 1960-06-15 ·cited 6×
  The court held that the appellant had not exhausted his state remedies before seeking federal habeas corpus relief.
• Trumblay v. United States
  278 F.2d 229· 7th Cir.· 1960-04-28 ·cited 6×
  The court held that the defendant was not denied effective assistance of counsel at sentencing and that the trial court did not abuse its discretion in denying his motion to vacate.
• United States ex rel. Melvin L. Wulf v. Esperdy
  277 F.2d 537· 2d Cir.· 1960-04-27 ·cited 6×
  The court held that the statute making a medical certificate conclusive for exclusion based on tuberculosis is constitutional and does not violate due process.
• Clatterbuck v. Winfred Overholser
  278 F.2d 20· D.C. Cir.· 1960-03-24 ·cited 6×
  The court held that the petitioner failed to prove his detention in the maximum security ward was unlawful or that he was in danger, and thus affirmed the dismissal of his habeas corpus petition.
• Tomarchin v. Kelly
  118 So. 2d 788· Fla. 3d DCA· 1960-03-23 ·cited 6×
  The court held that a fugitive should not be enlarged on bail pending an appeal from an unsuccessful habeas corpus action after an executive warrant for extradition has been issued.
• United States v. Hock
  275 F.2d 726· 3d Cir.· 1960-03-18 ·cited 6×
  The court held that the district court lacked the power to grant the relief sought by the appellant under Section 2255.
• Carnley v. Cochran
  118 So. 2d 629· Fla.· 1960-03-11 ·cited 6×
  Carnley, convicted of forgery and escape, challenged his indeterminate sentence as violating Florida's constitutional prohibition on indefinite imprisonment. The Florida Supreme Court upheld the indeterminate sentence statute as constitutional, emphasizing modern penological prin
• United States ex rel. Dominick Graziano v. McMANN
  275 F.2d 284· 2d Cir.· 1960-02-11 ·cited 6×
  The court held that wiretap evidence obtained by state officers, even if violating federal law, is admissible in state court if authorized by state law, and does not violate constitutional rights.
• Royal v. United States
  274 F.2d 846· 10th Cir.· 1960-01-19 ·cited 6×
  The court held that the commitment of a mentally incompetent defendant charged with a federal offense is proper even if the insanity is permanent, and the trial court did not err in refusing to appoint a psychiatrist of the defendant's choice.
• United States ex rel. Emil Reck v. Ragen
  274 F.2d 250· 7th Cir.· 1960-01-13 ·cited 6×
  The dissenting judge holds that the defendant's confessions were the product of psychological coercion and deprivation, violating his due process rights under the Fourteenth Amendment.
• Josef Petsche v. Clingan
  273 F.2d 688· 10th Cir.· 1960-01-04 ·cited 6×
  An alien is deportable if convicted of a crime involving moral turpitude and sentenced to confinement for a year or more, even if the actual confinement is less, provided the maximum possible sentence for the offense exceeds one year.
• Vasser v. Raines
  274 F.2d 369· 10th Cir.· 1959-12-30 ·cited 6×
  The court held that the appellant's conviction and sentence were not void because the Federal conviction for forgery could have constituted a violation of the Oklahoma forgery statute, and dual prosecution by federal and state sovereigns is permissible.
• United States ex rel. George H. Moore v. Martin
  273 F.2d 344· 2d Cir.· 1959-12-29 ·cited 6×
  The court held that a relator's constitutional rights were not violated by his conviction and sentence in Pennsylvania, even if he lacked counsel at sentencing, as no unfairness resulted.
• Brinson v. Wilkinson
  271 F.2d 790· 5th Cir.· 1959-11-10 ·cited 6×
  The court held that habeas corpus is not available when the remedy under 28 U.S.C.A. § 2255 is not inadequate or ineffective.
• United States ex rel. v. Dowd
  271 F.2d 292· 7th Cir.· 1959-10-20 ·cited 6×
  The court held that the Indiana Habitual Criminal Act, as interpreted to impose life imprisonment for the status of being a habitual criminal, violates the Thirteenth Amendment.
• United States ex rel. Sol R. Rauch & Harold D. Rauch v. Stockinger
  269 F.2d 681· 2d Cir.· 1959-07-10 ·cited 6×
  The court held that the evidence presented was sufficient to establish reasonable grounds to believe the relators committed an extraditable offense under the applicable treaty and laws of both Canada and New York.
• Willia Niukkanen v. McALEXANDER
  265 F.2d 825· 9th Cir.· 1959-04-06 ·cited 6×
  The court held that the evidence presented was sufficient to establish the alien's membership in the Communist party under the statutory definition, thus affirming the deportation order.
• United States ex rel. Paul Crump v. Sain
  264 F.2d 424· 7th Cir.· 1959-03-20 ·cited 6×
  The court held that a state prisoner seeking federal habeas corpus relief has exhausted state remedies when the state's highest court has already ruled on the federal constitutional question presented, even if a different state post-conviction procedure exists.
• Green v. Secretary OF THE Navy and The Commanding General
  264 F.2d 63· 9th Cir.· 1959-02-17 ·cited 6×
  The appeal is dismissed as moot because the appellant has been discharged from the service and accepted civilian status.
• Snider v. Smyth
  263 F.2d 372· 4th Cir.· 1959-01-23 ·cited 6×
  The court held that the case should be remanded for a mental examination to determine the appellant's mental condition at the time of the offense and currently.
• Seward v. Heinze
  262 F.2d 42· 9th Cir.· 1958-12-12 ·cited 6×
  The court held that the petitioner's claims do not present a federal question and are based on state law issues that cannot be reviewed by this court.
• Plater v. Warden, Maryland House of Correction
  261 F.2d 445· 4th Cir.· 1958-12-05 ·cited 6×
  The Fourth Circuit held that the prisoner's appeal should be dismissed for want of a certificate of probable cause, as the appeal was without merit.
• Lunce v. Dowd
  261 F.2d 351· 7th Cir.· 1958-12-03 ·cited 6×
  The Seventh Circuit affirmed the district court's grant of habeas corpus, finding that the district court's determination that trial counsel was incompetent, leading to a denial of due process, was not clearly erroneous.
• Robert O. (Bob) Hurt v. McLEOD
  262 F.2d 109· 10th Cir.· 1958-11-28 ·cited 6×
  The federal court should not entertain a habeas corpus petition until the applicant has exhausted all available remedies in the state courts.
• United States v. Randolph
  261 F.2d 234· 7th Cir.· 1958-11-21 ·cited 6×
  The court held that the Illinois Aiding Escape Act is constitutional and its application to Vraniak did not violate due process or equal protection, even without proof of specific intent to aid escape.
• Oran Johnson v. Mayo
  256 F.2d 761· 5th Cir.· 1958-06-30 ·cited 6×
  The court held that it lacked jurisdiction to hear the appeal because a certificate of probable cause was not granted.
• Davis v. Rhay
  256 F.2d 617· 9th Cir.· 1958-05-20 ·cited 6×
  The court held that the denial of the writ of habeas corpus was proper, affirming the lower court's decision.