Habeas Corpus

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

• Sullivan v. Swatzka
  148 F.2d 965· 9th Cir.· 1945-05-01 ·cited 6×
  The court held that the draft boards' denial of agricultural deferment was not arbitrary and did not deny due process, despite conflicting evidence.
• United States ex rel. Kimler v. Ragen
  147 F.2d 137· 7th Cir.· 1945-02-02 ·cited 6×
  The court held that the petitioner's sentence did not expire as claimed, and the state had the power to incarcerate him.
• Wilson v. State
  155 Fla. 511· Fla.· 1945-01-26 ·cited 6×
  The court held that a jury's verdict finding guilt of armed robbery but specifically stating no intent to kill or maim, when coupled with jury instructions allowing such a verdict, could be interpreted as a conviction for unarmed robbery, not an acquittal.
• United States ex rel. Rasmussen v. Ragen
  146 F.2d 516· 7th Cir.· 1945-01-10 ·cited 6×
  The court held that a prisoner cannot demand release before serving the maximum sentence, even if eligible for parole, and the district court properly dismissed the habeas corpus petition.
• Laing v. United States
  145 F.2d 111· 6th Cir.· 1944-10-09 ·cited 6×
  The court held that the two offenses charged were separate and distinct, and that the general sentence imposed was authorized by the larceny count.
• Davis v. Johnston
  144 F.2d 862· 9th Cir.· 1944-08-25 ·cited 6×
  A jurisdictional finding by the trial court is conclusive in subsequent habeas corpus proceedings, even if the jurisdictional facts were not raised at trial.
• United States ex rel. Zdunic v. UHL
  144 F.2d 286· 2d Cir.· 1944-06-16 ·cited 6×
  The court held that the relator's petition for rehearing should be denied because the appeal was meritless and the writ of habeas corpus was properly dismissed as premature.
• Bagley v. United States
  144 F.2d 788· 9th Cir.· 1944-06-14 ·cited 6×
  A registrant's failure to report for induction, even if based on a claim of procedural due process denial by the draft board, precludes challenging the classification's legality in a criminal prosecution for non-compliance.
• United States ex rel. Buchalter v. Warden of Sing Sing Prison
  141 F.2d 259· 2d Cir.· 1944-03-02 ·cited 6×
  A federal prisoner transferred to state custody for trial and execution of a state sentence cannot seek habeas corpus relief based on the federal sentence being interrupted.
• Patterson v. Jones
  141 F.2d 319· 9th Cir.· 1944-02-25 ·cited 6×
  The court held that the application for appeal was timely filed with the clerk, and the subsequent allowance of the appeal was not error, thus denying the motion to dismiss.
• Spencer v. COX
  140 F.2d 73· 8th Cir.· 1944-01-27 ·cited 6×
  The court held that an indictment is not fatally defective for incorporating photostatic copies of alleged counterfeited notes by reference, and that a habeas corpus petition must affirmatively show a lack of jurisdiction.
• Application of Taylor
  139 F.2d 1018· 7th Cir.· 1944-01-04 ·cited 6×
  The court held that leave to appeal in forma pauperis from an order denying a habeas corpus petition is denied because the petition lacks merit and the court lacks jurisdiction.
• Roberts v. Hunter
  140 F.2d 38· 10th Cir.· 1943-11-16 ·cited 6×
  The court held that Internal Revenue documentary stamps are 'obligations' of the United States under the relevant statute, and that the statute of limitations and denial of counsel claims are not reviewable on habeas corpus.
• Kelly v. United States
  138 F.2d 489· 9th Cir.· 1943-10-14 ·cited 6×
  A motion in the nature of a proceeding coram nobis to set aside a sentence is not warranted where the defendant knew the facts but was ignorant of the law, and there was no fraud or misconduct by the prosecution.
• Williams v. Pollock
  153 Fla. 338· Fla.· 1943-07-24 ·cited 6×
  The Florida Supreme Court reversed a circuit judge's grant of habeas corpus to Pollock, who had pled guilty to violating a fraud statute (Section 817.09) prohibiting procurement of money through promises of labor with intent to defraud. The court resolved the apparent conflict be
• Sharpe v. Commonwealth of Ky.
  135 F.2d 974· 6th Cir.· 1943-06-04 ·cited 6×
  Federal courts may not be precluded by state procedural limitations from considering constitutional claims in habeas corpus petitions, especially concerning coerced confessions or newly discovered evidence of innocence.
• United States ex rel. Maritote v. McDONNELL
  135 F.2d 342· 7th Cir.· 1943-04-19 ·cited 6×
  The court held that it lacks jurisdiction to hear an appeal from an order discharging a writ of habeas corpus, even when the petition for habeas corpus attacks the jurisdiction of the court that returned the indictment.
• Ammons v. King
  133 F.2d 270· 8th Cir.· 1943-02-03 ·cited 6×
  The court held that without a record of the evidence presented at the hearing, it cannot review the trial court's findings and must affirm the order.
• Johnson v. Wilson
  131 F.2d 1· 5th Cir.· 1942-11-05 ·cited 6×
  The court held that the district court did not err in dismissing the habeas corpus petition without prejudice because the petitioner failed to exhaust available state remedies.
• Tiller v. Hudspeth
  131 F.2d 188· 10th Cir.· 1942-10-27 ·cited 6×
  The court held that the two counts charged distinct offenses, and therefore, sentencing on the second count after probation revocation was permissible.
• Moore v. King
  130 F.2d 857· 8th Cir.· 1942-09-25 ·cited 6×
  The court held that habeas corpus cannot be used to review non-jurisdictional errors occurring during a trial, and that the petitioner's claims did not establish a jurisdictional defect.
• Kerr v. Johnston
  130 F.2d 637· 9th Cir.· 1942-09-10 ·cited 6×
  The court held that the appellant's sentences were validly imposed and that his detention was lawful, thus denying his petition for a writ of habeas corpus.
• Hudspeth v. Tornello
  128 F.2d 172· 10th Cir.· 1942-05-05 ·cited 6×
  The court held that the indictment was insufficient to charge an offense under federal law, thus the habeas corpus petition should have been denied.
• State v. Frick
  150 Fla. 148· Fla.· 1942-03-24 ·cited 6×
  Florida's special statute limiting cargo weight on Indian River bridges to five tons was struck down as unconstitutional, as it created arbitrary discrimination against persons in that geographic location while allowing greater loads elsewhere on the state highway system under ge
• Pierce v. Hudspeth
  126 F.2d 337· 10th Cir.· 1942-03-06 ·cited 6×
  The court held that the petitioner was not denied effective assistance of counsel, as the evidence supported the trial court's finding of competent representation.
• McKEE v. Johnston
  125 F.2d 282· 9th Cir.· 1942-01-26 ·cited 6×
  The court held that the appellants' habeas corpus petition was properly denied because their claims were previously adjudicated and their pleas of guilty were valid.
• Carey v. Brady
  125 F.2d 253· 4th Cir.· 1942-01-12 ·cited 6×
  The failure of a state court to appoint counsel for an indigent defendant, absent other circumstances indicating unfairness, does not deprive the court of jurisdiction to proceed with the trial, and thus does not warrant release via habeas corpus.
• Lum Mon Sing v. United States
  124 F.2d 21· 9th Cir.· 1941-12-02 ·cited 6×
  The court held that the immigration officials were not arbitrary in denying the appellant's claim to citizenship and entry into the United States.
• Minnec v. Hudspeth
  123 F.2d 444· 10th Cir.· 1941-11-05 ·cited 6×
  The court held that a writ of habeas corpus may not be used to relitigate issues already decided on direct appeal or issues that could have been raised on appeal.
• Telfian v. Johnston
  122 F.2d 346· 9th Cir.· 1941-08-01 ·cited 6×
  The court held that the sufficiency of an indictment cannot be collaterally attacked on habeas corpus after conviction if the trial court had jurisdiction.
• De Marcos v. Overholser
  122 F.2d 16· D.C. Cir.· 1941-05-05 ·cited 6×
  The court held that the order discharging the writ of habeas corpus and remanding the petitioner to St. Elizabeths Hospital was proper.
• Ex parte Barnes
  146 Fla. 12· Fla.· 1941-01-31 ·cited 6×
  Roy Paul Barnes challenged his murder conviction via habeas corpus, alleging the trial court failed to comply with Florida statute requiring judicial examination of evidence when a defendant pleads guilty to murder. The Florida Supreme Court granted relief, finding the judgment v
• Ex parte Porter
  141 Fla. 711· Fla.· 1940-02-09 ·cited 6×
  The Florida Supreme Court held that a 1939 statute prohibiting nudist colonies in counties with populations between 155,000 and 165,000 is an unconstitutional special and local act that does not comply with Florida's constitutional requirements for general legislation. The Court
• State ex rel. Mrs. Helen Foster v. Yocum
  140 Fla. 53· Fla.· 1939-09-15 ·cited 6×
  Mrs. Helen Foster and Charles F. Dow sought habeas corpus relief after conviction in municipal court for disorderly conduct under a Miami Beach ordinance. The Florida Supreme Court affirmed the lower court's remand, holding that petitioners failed to establish the ordinance's ins
• State v. Mayo
  137 Fla. 781· Fla.· 1939-05-19 ·cited 6×
  Pearl Seay challenges his imprisonment after being convicted of larceny and sentenced to two years hard labor. The Florida Supreme Court holds that his commitment to prison was void because it was issued while his conviction judgment was lawfully superseded by a supersedeas bond,
• J. v. Rackley v. Frank Stoutamire
  132 Fla. 33· Fla.· 1938-04-07 ·cited 6×
  In this original habeas corpus proceeding, the Florida Supreme Court upheld the constitutional validity of a state license tax on coin-operated vending machines under Section 19 of Chapter 18011, Acts of 1937. The petitioner challenged the tax as violating equal protection and du
• In re Barber
  130 Fla. 342· Fla.· 1937-12-09 ·cited 6×
  This case examines the constitutionality and applicability of a Florida law creating a "no fence" zone in Duval County. The court held the law was valid for Duval County but could not be enforced against owners of livestock from adjacent counties until the county constructed the
• Annenberg v. Coleman
  121 Fla. 133· Fla.· 1935-10-02 ·cited 6×
  This habeas corpus case involved petitioners arrested under a criminal libel information they claimed was defective and an abuse of process intended to suppress freedom of the press. The court held that habeas corpus is not the proper remedy when the accusation, however inartific
• Clemons v. Chase
  120 Fla. 429· Fla.· 1935-07-10 ·cited 6×
  The Florida Supreme Court held that Lake Hatchineha, formerly part of the larger Lake Cypress, is located in Osceola County rather than Polk County, and therefore discharged Lonnie Clemons from custody because the Polk County court lacked jurisdiction to prosecute him for seining
• State v. Milburn
  118 Fla. 211· Fla.· 1935-01-21 ·cited 6×
  The Florida Supreme Court upheld a municipal ordinance imposing a $25 license tax on buses, taxis, and hire vehicles operating in West Palm Beach, holding that ordinances validly enacted by the City of West Palm Beach before its conversion to the District of West Palm Beach remai
• Nelson v. Watson
  114 Fla. 806· Fla.· 1933-11-28 ·cited 6×
  The Florida Supreme Court upheld the criminal prosecution of Robert Nelson for failing to place a documentary stamp on a lease agreement. The Court held that despite being labeled a lease, the instrument was actually a mortgage securing deferred payments for a furniture purchase
• Spero v. State
  111 Fla. 794· Fla.· 1933-09-13 ·cited 6×
  The Florida Supreme Court reversed a lower court's denial of bail for a defendant charged with first-degree murder, finding the evidence insufficient to deny bail. The court directed a circuit judge to set a reasonable bail amount.
• Logan v. Alfieri
  110 Fla. 439· Fla.· 1933-06-09 ·cited 6×
  The Florida Supreme Court reviewed an ordinance that prohibited milk containers from bearing any name other than that of the producer or distributor. The court found this provision unconstitutional as it unreasonably interfered with property rights and was not related to public h
• State v. Lehman
  103 Fla. 1068· Fla.· 1932-01-02 ·cited 6×
  Florida Supreme Court resolved a jurisdictional conflict between a Circuit Court's remand order and a Criminal Court of Record's bail order when a defendant appeared in criminal court after initial habeas corpus relief. The Court held that once the defendant appeared in the Crimi
• Ex Parte: Marcus R. Bostwick
  102 Fla. 995· Fla.· 1931-09-22 ·cited 6×
  In this habeas corpus proceeding, the Florida Supreme Court reviewed the conviction of Marcus Bostwick for criminal contempt of court. The court held that Bostwick's removal of trees and plants from foreclosed property after a writ of assistance was issued did not constitute cont
• Angus Gillis v. Croft
  92 Fla. 267· Fla.· 1926-07-14 ·cited 6×
  Angus Gillis challenged via habeas corpus a Fort Lauderdale city ordinance imposing license taxes on real estate brokers and salesmen. The Florida Supreme Court affirmed the lower court's decision upholding the ordinance as a valid exercise of the city's taxing authority under it
• Blackwelder v. Morris
  89 Fla. 87· Fla.· 1925-02-05 ·cited 6×
  E. H. Blackwelder was convicted of reckless operation of an automobile while intoxicated and sought habeas corpus relief. The Florida Supreme Court affirmed the lower court's remand for resentencing because the original sentence violated a mandatory statutory requirement to impos
• Moody v. State
  87 Fla. 175· Fla.· 1924-02-21 ·cited 6×
  R. L. Moody obtained a writ of habeas corpus challenging his detention for conviction of 'drunkenness.' The Florida Supreme Court held that 'drunkenness' is not a statutory offense in Florida law, as the relevant statute prohibits 'becoming or being drunk or intoxicated'—differen
• State of Fla. ex rel. E. J. Harris v. Quigg
  86 Fla. 51· Fla.· 1923-06-15 ·cited 6×
  The Florida Supreme Court affirmed a lower court's decision upholding a city ordinance requiring a license for individual drivers of vehicles for hire. The court found the ordinance did not conflict with state law and was a reasonable exercise of the city's power to regulate occu
• Zackary v. Morris
  78 Fla. 316· Fla.· 1919-08-11 ·cited 6×
  This case concerns a challenge to a Florida statute regulating the weight of vehicles on improved highways in Volusia County. The court held that the statute's requirement for a permit from the County Commissioners to operate heavy vehicles, and the Commissioners' discretion in n