Habeas Corpus

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

• Davis v. Pepersack
  255 F.2d 29· 4th Cir.· 1958-04-25 ·cited 6×
  The federal court should not consider the statutory interpretation issue until state remedies are exhausted, and other contentions lack merit.
• C. C. (Dock) Bradley v. Smyth
  255 F.2d 45· 4th Cir.· 1958-04-25 ·cited 6×
  The court held that the district court did not err in admitting evidence to establish that the petitioner was represented by counsel, despite the absence of such notation in the state court record.
• James Harvey (alias Berkley McCargo) v. Smyth
  255 F.2d 21· 4th Cir.· 1958-04-25 ·cited 6×
  The court held that federal courts lack authority to grant a certificate of probable cause and dismiss the appeal when Supreme Court precedent dictates no federal intervention is permissible.
• Bridges v. United States
  259 F.2d 611· 9th Cir.· 1958-04-21 ·cited 6×
  The court held that the denial of the motion to vacate the sentence was correct because the record, when viewed judicially and in its entirety, demonstrated that the defendant understood the charges to which he pleaded guilty.
• State v. Culver
  253 F.2d 507· 5th Cir.· 1958-04-02 ·cited 6×
  The court held that the Florida rape statute, which grants juries discretion in imposing the death penalty, is not unconstitutional on its face or in its application.
• Frank v. Rogers
  253 F.2d 889· D.C. Cir.· 1958-03-20 ·cited 6×
  The issue of citizenship, when properly raised in a suit for review under Section 10 of the Administrative Procedure Act, is to be tried de novo by the court.
• Bell v. Leonard
  251 F.2d 890· D.C. Cir.· 1958-01-09 ·cited 6×
  A fit mother is entitled to custody of her child against a stranger's claim, and a non-parent cannot adopt without parental consent.
• United States v. Sigler
  250 F.2d 128· 5th Cir.· 1957-12-12 ·cited 6×
  The court held that the district court's dismissal of a habeas corpus petition without a response or hearing was improper and must be vacated.
• In re Custody of a Minor
  250 F.2d 419· D.C. Cir.· 1957-12-05 ·cited 6×
  A minor does not have a right to separate, independent court-appointed counsel in a parental neglect proceeding where the Juvenile Court's Director of Social Work effectively acts as the child's counsel.
• DeWitt Sinclair v. State of Fla. ex rel. James McSHANE
  99 So. 2d 238· Fla. 1st DCA· 1957-11-26 ·cited 6×
  McShane sought habeas corpus relief after the Sarasota County Sheriff transferred him to Manatee County for prosecution on additional charges, delaying his service of a two-year forgery sentence. The court held that Florida law requires sheriffs to deliver sentenced prisoners to
• United States ex rel. Sullivan v. Heinze
  250 F.2d 427· 9th Cir.· 1957-11-19 ·cited 6×
  The court denied the petition for a certificate of probable cause and the petition for a writ of habeas corpus.
• Application of Raymond C. Hodge
  248 F.2d 843· 9th Cir.· 1957-10-21 ·cited 6×
  The court denied the certificate of probable cause because the petitioner failed to exhaust his state remedies as required for federal habeas corpus.
• Jackson v. Amos Hall
  97 So. 2d 1· Fla.· 1957-07-24 ·cited 6×
  An obligor facing extradition under the Uniform Reciprocal Enforcement of Support Law can be relieved of extradition by submitting to the jurisdiction of a court in the responding state and complying with its support order.
• Marcell Graham v. Thompson
  246 F.2d 805· 10th Cir.· 1957-06-25 ·cited 6×
  Good time allowances are not a mandatory part of a prisoner's sentence but are discretionary grants of grace by the Board of Pardons, and thus legislative changes to good time schedules do not constitute ex post facto laws.
• Henry v. Madigan
  241 F.2d 659· 9th Cir.· 1957-02-20 ·cited 6×
  The court held that the phrase 'consecutively with any sentences that are pending against you' means the sentence begins after all prior pending sentences are served.
• United States ex rel. Willis E. Smith v. Martin
  242 F.2d 701· 2d Cir.· 1957-01-25 ·cited 6×
  The federal writ of habeas corpus cannot issue because the petitioner's application is premature, as his minimum sentence term has not yet expired.
• United States ex rel. Reinhold Langer v. Ragen
  237 F.2d 827· 7th Cir.· 1956-11-01 ·cited 6×
  A federal court cannot grant habeas corpus relief on claims not first presented to and exhausted in state courts, nor on claims that do not implicate federal constitutional rights.
• Devandlis Wiggins v. Ragen
  238 F.2d 309· 7th Cir.· 1956-10-25 ·cited 6×
  The court denied the petition for rehearing, reaffirming that while federal courts generally defer to state court decisions on constitutional rights, they must hold a hearing if the averments present unusual circumstances.
• Kaufman v. Wilkinson
  237 F.2d 519· 5th Cir.· 1956-10-16 ·cited 6×
  A district court cannot entertain a habeas corpus petition if the sentencing court has already denied relief on the same grounds, unless the remedy by motion is inadequate or ineffective.
• United States ex rel. LEE KUM HOY v. Shaughnessy
  237 F.2d 307· 2d Cir.· 1956-09-25 ·cited 6×
  The court held that the administrative decision to deny admission based on discriminatory blood tests was unconstitutional.
• Thomas v. Eyman
  235 F.2d 775· 9th Cir.· 1956-08-08 ·cited 6×
  The District Court did not err in denying the habeas corpus applications without a plenary hearing because the state court had already properly resolved the federal constitutional issue.
• Crain v. Boyd
  237 F.2d 927· 9th Cir.· 1956-08-04 ·cited 6×
• Jackson v. Taylor
  234 F.2d 611· 3d Cir.· 1956-05-31 ·cited 6×
  A military board of review has the authority under the Uniform Code of Military Justice to modify a sentence by affirming only a part of it, even if that part corresponds to a lesser offense.
• Morneau v. United States Bd. OF Parole
  231 F.2d 829· 8th Cir.· 1956-04-06 ·cited 6×
  A prisoner on conditional release remains subject to parole conditions and recapture for violations until the sentence expires, even with good time credits.
• Thresa Williams and Jennie L. Richards v. Dalton
  231 F.2d 646· 6th Cir.· 1956-04-02 ·cited 6×
  The court held that federal courts should decline to entertain an action for declaratory relief under the Civil Rights Act when the plaintiff has not exhausted available state remedies, especially in cases involving potential friction between federal and state jurisdictions.
• United States ex rel. E. A. Simmons v. Lohman
  228 F.2d 824· 7th Cir.· 1955-12-28 ·cited 6×
  The court held that the interstate parole compact provision allowing return of a parole violator without extradition formalities is constitutional and that the petitioner waived any rights by agreeing to the parole terms.
• Shung v. Brownell
  227 F.2d 40· D.C. Cir.· 1955-10-13 ·cited 6×
  The court held that a complaint filed after the 1952 Immigration and Nationality Act took effect could be used to seek judicial review of an exclusion order, even if the order was issued before the Act.
• Mitchell v. Swope
  224 F.2d 365· 9th Cir.· 1955-07-06 ·cited 6×
  The trial court properly denied the petition for a writ of habeas corpus because the contentions raised by the petitioner were without merit and the court-martial proceedings were valid.
• Bisson v. Brigadier General Francis E. Howard
  224 F.2d 586· 5th Cir.· 1955-06-30 ·cited 6×
  The court held that the appellant's claim of ineffective counsel was not supported by the record, and therefore, the military court's jurisdiction was not divested.
• Bustos-Ovalle v. Landon
  225 F.2d 878· 9th Cir.· 1955-04-13 ·cited 6×
  The court held that a judicial proceeding seeking review of administrative actions was properly dismissed because the petitioner had not exhausted all available administrative remedies and the matter was not yet ripe for adjudication.
• Sisk v. Overlade
  220 F.2d 68· 7th Cir.· 1955-03-10 ·cited 6×
  The Fourteenth Amendment does not forbid the admission of evidence obtained by an unreasonable search and seizure in a state court prosecution.
• Deal v. Mayo
  76 So. 2d 275· Fla.· 1954-12-07 ·cited 6×
  J.N. Deal petitioned for habeas corpus challenging a consecutive one-year sentence imposed under a child support statute. The Florida Supreme Court held that desertion and withholding means of support constitute a single offense under the statute, making the second consecutive se
• Shoemaker v. Mayo
  75 So. 2d 690· Fla.· 1954-11-12 ·cited 6×
  Jessie Shoemaker sought habeas corpus relief claiming he was under the influence of narcotics when he entered a guilty plea, rendering him incompetent to plead. The Florida Supreme Court appointed a circuit judge as commissioner to take testimony and found no evidence supporting
• Thompson v. Overlade
  216 F.2d 492· 7th Cir.· 1954-11-04 ·cited 6×
  A general allegation of exhausting state remedies is insufficient to grant federal habeas corpus relief.
• Art Lewis v. Kelly
  75 So. 2d 761· Fla.· 1954-09-24 ·cited 6×
  Art Lewis seeks to quash an injunctive order issued without bond by a circuit court judge who had not previously participated in the underlying equity case. The Florida Supreme Court holds that while the judge had authority to issue the injunction, he erred in failing to require
• State ex rel. McFARLAND v. Roberts
  74 So. 2d 88· Fla.· 1954-07-30 ·cited 6×
  The Florida Supreme Court upheld a city ordinance incorporating state misdemeanor laws by reference against a challenge that it was repealed by a 1953 general law authorizing municipalities to adopt codes by reference. The Court held that the ordinance was valid under the city's
• White v. Humphrey
  212 F.2d 503· 3d Cir.· 1954-04-22 ·cited 6×
  The court held that the law member's instructions, though minimal by later standards, complied with the governing court-martial law at the time of trial and did not deny the appellant due process.
• NG Yip Yee v. Barber
  210 F.2d 613· 9th Cir.· 1954-02-04 ·cited 6×
  The court held that the district court lacked jurisdiction to entertain a habeas corpus petition from an individual detained pending exclusion proceedings, as the individual had not exhausted administrative remedies.
• Booth v. United States
  209 F.2d 183· 9th Cir.· 1953-12-21 ·cited 6×
  The court held that a federal district court lacks jurisdiction to entertain a motion under 28 U.S.C. § 2255 by a prisoner in custody solely under a state sentence, even if federal sentences are imposed to run concurrently.
• United States ex rel. Thompson v. DYE
  208 F.2d 565· 3d Cir.· 1953-12-16 ·cited 6×
  The court held that a finding of fact is essential regarding whether the prosecutor was informed of potentially exculpatory testimony before trial.
• United States ex rel. Mustafa v. Pederson
  207 F.2d 112· 7th Cir.· 1953-09-21 ·cited 6×
  The court held that the relator knowingly and voluntarily waived his right to counsel and was not denied due process.
• Florentine v. Landon
  206 F.2d 870· 9th Cir.· 1953-08-27 ·cited 6×
  A petitioner claiming United States citizenship must exhaust administrative remedies in deportation proceedings before raising the citizenship question via habeas corpus.
• Richards v. Matthews
  207 F.2d 227· D.C. Cir.· 1953-07-30 ·cited 6×
  The dissenting judge argues that the relator should be extradited because the indictment's date variation is a technicality and the relator was in the demanding state when the crime occurred.
• Rodriguez v. Culbreath
  66 So. 2d 58· Fla.· 1953-06-23 ·cited 6×
  Rodriguez challenged his binding over for trial on a "common gambler" charge based solely on his possession of a Federal Occupational Tax Wagering Stamp. The Florida Supreme Court held that mere possession of the federal stamp is insufficient evidence to establish guilt of being
• Hodges v. Mayo
  65 So. 2d 750· Fla.· 1953-06-02 ·cited 6×
  Willie Hodges, a life-sentenced habitual criminal, petitioned for relief from his conviction, arguing that the trial court failed to comply with statutory requirements for habitual criminal prosecution. The Florida Supreme Court found the life sentence improper because the requis
• Petersen v. Mayo
  65 So. 2d 48· Fla.· 1953-05-05 ·cited 6×
  Petersen challenges his extortion conviction under Florida law, arguing that the information fails to charge a crime because it references threatening to accuse someone of a Canadian offense rather than a Florida offense. The Florida Supreme Court upholds the conviction, holding
• State ex rel. Bailey v. Mayo
  65 So. 2d 721· Fla.· 1953-04-17 ·cited 6×
  Richard Bailey sought habeas corpus relief after the State Board of Pardons revoked his conditional pardon for murder in the second degree, claiming he was entitled to a formal hearing before revocation. The Florida Supreme Court held that where a convict accepts a conditional pa
• United States ex rel. Beck v. Neelly
  202 F.2d 221· 7th Cir.· 1953-02-20 ·cited 6×
  The court held that the petitioner's deportation proceedings were not manifestly unfair, the findings were supported by substantial evidence, and no erroneous rule of law was applied, thus affirming the dismissal of her habeas corpus petition.
• Winhoven v. United States
  201 F.2d 174· 9th Cir.· 1952-12-31 ·cited 6×
  The court held that the district court erred in failing to consider the appellant's contention that the prior judgment was void due to a denial of procedural due process.
• Arakas v. Zimmerman
  200 F.2d 322· 3d Cir.· 1952-12-04 ·cited 6×
  The court held that due process does not require a hearing on an application for suspension of deportation when the decision to grant or deny such relief is discretionary and has been properly exercised by the Attorney General or the Board of Immigration Appeals.