Habeas Corpus

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

• Fouquette v. Bernard
  198 F.2d 860· 9th Cir.· 1952-08-21 ·cited 6×
  The court held that the district court correctly denied the habeas corpus application because the petitioner failed to exhaust state remedies on some issues and no error was found on others.
• Stumpf v. Matthews
  195 F.2d 35· D.C. Cir.· 1952-01-24 ·cited 6×
  The court held that an indictment is valid for extradition purposes even without a specific date for the offenses, as fugitivity can be established by evidence.
• Mahler v. Frisbie
  193 F.2d 319· 6th Cir.· 1951-12-05 ·cited 6×
  The court denied the petition for a certificate of probable cause and dismissed the petition to proceed in forma pauperis.
• O'Connor v. Hunter
  192 F.2d 179· 10th Cir.· 1951-10-20 ·cited 6×
  The court held that good time earned under a military sentence, when confined in a civil institution, is computed at the statutory rate for civil institutions, not the military rate.
• Shepherd v. United States
  191 F.2d 682· 10th Cir.· 1951-09-17 ·cited 6×
  The court held that the indictment's counts three and four charged two separate and distinct offenses under the relevant statute.
• Thomas v. Duffy
  191 F.2d 360· 9th Cir.· 1951-08-31 ·cited 6×
  The court certified probable cause for appeal and stayed the execution, finding substantial questions regarding the denial of habeas corpus relief based on alleged coerced confession.
• Ekberg v. McGEE
  191 F.2d 625· 9th Cir.· 1951-08-31 ·cited 6×
• United States ex rel. Rubio v. Jordan
  190 F.2d 573· 7th Cir.· 1951-07-24 ·cited 6×
  The court held that the petitioner's voluntary re-entry into the United States without a valid visa, despite a prior deportation, constituted an illegal entry, and the prior deportation proceedings were not so fundamentally flawed as to justify a collateral attack.
• Kuykendall v. Hunter
  187 F.2d 545· 10th Cir.· 1951-03-01 ·cited 6×
  The court held that the consolidation of charges, including four rape charges, did not constitute a denial of due process because the record did not affirmatively show that the joinder fatally infected the trial or prevented a fair trial.
• Newagon v. Swope
  183 F.2d 340· 9th Cir.· 1950-07-17 ·cited 6×
  The voluntary absence of counsel at the return of a verdict does not deprive the court of jurisdiction and does not violate the Sixth Amendment.
• United States ex rel. DE George v. Jordan
  183 F.2d 768· 7th Cir.· 1950-07-10 ·cited 6×
  The court held that evading the payment of taxes on liquor, or conspiring to do so, does not constitute a crime involving moral turpitude under the Immigration Act of 1917, and therefore does not warrant deportation.
• United States ex rel. DE Frates v. Ragen
  181 F.2d 1001· 7th Cir.· 1950-05-03 ·cited 6×
  The court held that the petitioner's claim of double jeopardy did not rise to the level of a federal due process violation, and that he had failed to exhaust his state remedies.
• Armstrong v. Steele
  181 F.2d 763· 8th Cir.· 1950-04-26 ·cited 6×
  The court held that a prisoner seeking to challenge a sentence must first utilize the statutory remedy provided by 28 U.S.C. § 2255 before seeking a writ of habeas corpus.
• United States ex rel. Frisch v. Miller
  181 F.2d 360· 5th Cir.· 1950-04-07 ·cited 6×
  The Administrative Procedure Act does not apply to exclusion proceedings before Immigration and Naturalization Service Special Boards of Inquiry, as these boards are specifically provided for by statute.
• Curran v. Shuttleworth
  180 F.2d 780· 6th Cir.· 1950-03-27 ·cited 6×
  The court held that the petition for writ of habeas corpus was correctly denied because the appellant failed to comply with statutory requirements and the alleged errors could not be reviewed via habeas corpus.
• Brewster v. Swope
  180 F.2d 984· 9th Cir.· 1950-03-20 ·cited 6×
  The court held that a rehearing ordered after the disapproval of an initial court-martial sentence does not violate the Fifth Amendment's double jeopardy clause, nor is a subsequent sentence void if it is not in excess of the original sentence.
• Wilcox v. Horan
  178 F.2d 162· 10th Cir.· 1949-11-29 ·cited 6×
  The federal court lacks jurisdiction to grant habeas corpus relief because the petitioner's alleged deprivation of liberty was not caused by state action, but by the actions of a private individual acting under a state court order.
• Anderson v. Hunter
  177 F.2d 770· 10th Cir.· 1949-11-03 ·cited 6×
  The court held that the petitioner's conviction and sentence by court-martial were valid, and his petition for a writ of habeas corpus was properly denied.
• United States ex rel. CHU Leung v. Shaughnessy
  176 F.2d 249· 2d Cir.· 1949-07-19 ·cited 6×
  A resident alien excluded at the border is not entitled to a judicial trial on his claim of citizenship via habeas corpus if the court has already considered the issue.
• United States ex rel. Kranz v. Humphrey
  174 F.2d 741· 3d Cir.· 1949-04-13 ·cited 6×
  The court held that the denial of the habeas corpus petition was proper because the appellant's contentions were either without merit or could not be raised in a habeas corpus proceeding.
• United States ex rel. Kennedy v. Burke
  173 F.2d 544· 3d Cir.· 1949-02-08 ·cited 6×
  The court held that the lower court erred in dismissing the habeas corpus petition based on res judicata, and that the petitioner may have been denied due process by pleading guilty without counsel in a complex legal situation.
• United States ex rel. Willumeit v. Watkins
  171 F.2d 773· 2d Cir.· 1949-01-03 ·cited 6×
  The court held that an alien convicted of violating 50 U.S.C.A. § 34 may be deported under 8 U.S.C.A. § 157, even if he was a naturalized citizen at the time of the conviction.
• McAFFEE v. Clemmer
  171 F.2d 131· D.C. Cir.· 1948-10-18 ·cited 6×
  The District Court lacked jurisdiction to entertain the habeas corpus petition because the petitioner was confined outside its territorial jurisdiction.
• United States ex rel. Stabler v. Watkins
  168 F.2d 883· 2d Cir.· 1948-06-14 ·cited 6×
  The court held that a default judgment revoking citizenship based solely on hearsay affidavits regarding residence is subject to collateral attack via habeas corpus in exceptional circumstances.
• Ex parte Adamson
  167 F.2d 996· 9th Cir.· 1948-05-11 ·cited 6×
  The court held that a federal court will not re-examine questions adjudicated by state courts unless the remedy sought is unavailable under state law, which is not the case here.
• Hironimus v. Durant
  168 F.2d 288· 4th Cir.· 1948-05-04 ·cited 6×
  An officer on terminal leave remains on active duty and subject to military jurisdiction, even if that leave is revoked before its expiration.
• United States ex rel. Zeller v. Watkins
  167 F.2d 279· 2d Cir.· 1948-04-13 ·cited 6×
  The court held that the appellant, having elected to become a German citizen, is subject to removal to Germany under the Alien Enemy Act, regardless of the United States' recognition of Germany's annexation of Danzig.
• United States ex rel. Hirshberg v. Malanaphy
  168 F.2d 503· 2d Cir.· 1948-04-09 ·cited 6×
  The court held that reenlistment restores court-martial jurisdiction over offenses committed during a prior enlistment, even if jurisdiction was lost upon honorable discharge.
• Kelly v. Squier
  166 F.2d 731· 9th Cir.· 1948-03-02 ·cited 6×
  The court held that a judge's failure to advise a pro se defendant of their right to challenge an indictment, based on a grand jury from which women were systematically excluded, constitutes a fundamental error violating due process.
• Bledsoe v. Johnston
  164 F.2d 481· 9th Cir.· 1948-01-12 ·cited 6×
  The appeal is dismissed as moot because the appellant is no longer in the appellee's custody.
• Ex parte: Albert R. House
  159 Fla. 385· Fla.· 1947-07-25 ·cited 6×
  Albert R. House, a state prisoner, petitioned the Florida Supreme Court for leave to file a writ of error coram nobis to vacate his 1925 guilty plea conviction, claiming he was coerced into pleading guilty without counsel. The Court denied the petition, finding that House had exh
• Caldwell v. Hunter
  163 F.2d 181· 10th Cir.· 1947-07-24 ·cited 6×
  The court held that a guilty plea admits all material facts charged, waiving factual disputes for habeas review, and that the petitioner effectively waived his right to counsel.
• Green v. Schilder
  162 F.2d 803· 10th Cir.· 1947-07-16 ·cited 6×
  The court held that confinement in a reformatory is not a penitentiary and does not increase the severity of the sentence.
• Curtis v. Hiatt
  161 F.2d 621· 3d Cir.· 1947-05-14 ·cited 6×
  The court held that a petitioner's waiver of counsel can be challenged in a habeas corpus proceeding, even if it requires contradicting the record, especially when the petitioner was young and potentially misled.
• Edminston v. Hunter
  161 F.2d 691· 10th Cir.· 1947-05-05 ·cited 6×
  The court held that factual recitals in a judgment of sentence import absolute verity and cannot be collaterally challenged by parole testimony absent fraud.
• Takeo Tadano v. Manney
  160 F.2d 665· 9th Cir.· 1947-03-20 ·cited 6×
  The court held that an alien facing deportation must be informed of the specific factual charges against them, and the deportation order must be based on those charges and the evidence presented.
• Thompson v. Johnston
  160 F.2d 374· 9th Cir.· 1947-02-28 ·cited 6×
  The court held that an inmate is not entitled to discharge on habeas corpus if he fails to show prejudice from the alleged denial of counsel for his direct appeal.
• Hunter v. McDONALD
  159 F.2d 861· 10th Cir.· 1947-02-18 ·cited 6×
  A prisoner is not entitled to good time credit for the period he was at liberty under an erroneous discharge from custody on a writ of habeas corpus, especially when the discharge was obtained by the prisoner's own application.
• Mayo v. Wade
  158 F.2d 614· 5th Cir.· 1946-11-22 ·cited 6×
  The court held that the failure of a state court to appoint counsel for an indigent defendant in a non-capital case does not violate the Fourteenth Amendment's due process clause, absent a state law requiring such appointment.
• United States ex rel. Crist v. Ragen
  157 F.2d 621· 7th Cir.· 1946-10-29 ·cited 6×
  The court held that the issue of whether extradition waived the state's right to reincarcerate a parole violator is a non-federal question governed by state law.
• Dawsett v. Benson
  156 F.2d 669· 6th Cir.· 1946-08-05 ·cited 6×
  A federal district court correctly denied a habeas corpus petition when the petitioner failed to exhaust state remedies by not seeking review from the United States Supreme Court after the highest state court adjudicated the merits of the petition.
• Sweet v. Howard
  155 F.2d 715· 7th Cir.· 1946-05-21 ·cited 6×
  The court held that a federal court will not entertain a habeas corpus petition until state remedies, including appellate review of a writ of error coram nobis, have been exhausted.
• Davis v. Smyth
  155 F.2d 3· 4th Cir.· 1946-04-08 ·cited 6×
  A federal court will not entertain a habeas corpus petition from a state prisoner claiming a federal constitutional violation until the prisoner has exhausted all available state court remedies, including seeking review in the U.S. Supreme Court.
• United States ex rel. Hughes v. Ragen
  154 F.2d 289· 7th Cir.· 1946-03-21 ·cited 6×
  The court held that the petitioner's claims regarding waiver and sentence expiration have been previously decided adversely, and he has not exhausted state remedies.
• Lyon v. Harkness
  151 F.2d 731· 1st Cir.· 1945-11-09 ·cited 6×
  Federal courts should not entertain habeas corpus petitions from individuals in state custody until all available state remedies have been exhausted, regardless of whether the petitioner has been convicted.
• United States ex rel. Woodard v. Deahl
  151 F.2d 413· 8th Cir.· 1945-10-27 ·cited 6×
  Failure to provide a registrant with notice of an appeal to the President, or the inclusion of potentially irrelevant statements in the appeal file, are procedural irregularities that do not divest the President of jurisdiction, especially when no prejudice is shown.
• Van Bibber v. United States
  151 F.2d 444· 8th Cir.· 1945-10-17 ·cited 6×
  A registrant under the Selective Training and Service Act cannot challenge the legality of his classification in a prosecution for failing to report for induction if he has not exhausted his administrative remedies.
• United States ex rel. Jackson v. Ragen
  150 F.2d 190· 7th Cir.· 1945-07-02 ·cited 6×
  The court held that the petitioner's claims regarding the designation of his sentencing prison, the timing of a transfer approval, and his involuntary return to Illinois as a parole violator were insufficient under Illinois law.
• United States ex rel. Mazy v. Ragen
  149 F.2d 948· 7th Cir.· 1945-06-28 ·cited 6×
  The court held that a federal court cannot grant a writ of habeas corpus for a state prisoner unless all state remedies have been exhausted, and the issue raised is jurisdictional, not a mere error of state law.
• Kuczynski v. United States
  149 F.2d 478· 7th Cir.· 1945-05-22 ·cited 6×
  The court held that the petitioner's claim of prior insanity at the time of his guilty plea required an investigation into his competence, and the dismissal of his petition without such an inquiry was improper.