Habeas Corpus

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

• COX v. Benson
  548 F.2d 186· 7th Cir.· 1977-01-12 ·cited 4×
  The court reversed the district court's dismissal of appellant Cox's habeas petition and remanded for further proceedings due to questions regarding the circumstances of shots fired during the armed robbery.
• Langston v. Estelle
  544 F.2d 1331· 5th Cir.· 1977-01-10 ·cited 4×
  The court held that the use of an uncounseled probation revocation to impeach a defendant's testimony, while potentially problematic, was harmless error in this case.
• Gavin v. Chernoff
  546 F.2d 457· 1st Cir.· 1976-12-30 ·cited 4×
  The court held that the due process clause does not require the Appellate Division of the Massachusetts Superior Court to provide reasons for increasing a defendant's sentence upon appeal.
• Johnson v. Rose
  546 F.2d 678· 6th Cir.· 1976-12-13 ·cited 4×
  The court held that the prosecutor's injection of irrelevant and inflammatory questions regarding a defendant's relationship with a white woman tainted the trial, denying due process.
• Grover Robinson v. Parratt
  546 F.2d 764· 8th Cir.· 1976-12-08 ·cited 4×
  A defendant is denied effective assistance of counsel when a single attorney represents co-defendants with antagonistic defenses, and the court denies a severance motion.
• Burrows v. Engle
  545 F.2d 552· 6th Cir.· 1976-12-01 ·cited 4×
  Technical defects in an indictment and claims arising before a guilty plea are generally not grounds for federal habeas corpus relief.
• United States ex rel. James Willie Cleveland 28598 v. Warden, N.J. State Prison
  544 F.2d 1200· 3d Cir.· 1976-11-11 ·cited 4×
  The court held that denying a free trial transcript to an indigent defendant not sentenced to death, when a transcript is necessary for appeal, violates equal protection rights established in Griffin v. Illinois.
• Martin v. Estelle
  541 F.2d 1147· 5th Cir.· 1976-11-05 ·cited 4×
  The court held that the errors of a rap sheet being seen by jurors and a juror speaking with a police officer were harmless beyond a reasonable doubt.
• White v. State OF Ala.
  541 F.2d 1092· 5th Cir.· 1976-11-04 ·cited 4×
  The court affirmed the denial of habeas relief regarding the lineup but vacated and remanded regarding the pretextual arrest claim.
• Gardner v. Bertram Griggs
  541 F.2d 851· 9th Cir.· 1976-09-09 ·cited 4×
  The court held that the petitioner failed to allege facts entitling him to relief on claims of ineffective assistance of counsel and double jeopardy.
• United States ex rel. Calvin Cannon v. Johnson
  536 F.2d 1013· 3d Cir.· 1976-06-22 ·cited 4×
• Stack v. State of Fla. ex rel. Norman Kaye
  333 So. 2d 509· Fla. 4th DCA· 1976-06-18 ·cited 4×
  The doctrine of res judicata applies to a second habeas corpus proceeding for extradition when the issues and supporting documents are identical to the first proceeding.
• Caldwell v. State OF Minn.
  536 F.2d 272· 8th Cir.· 1976-06-17 ·cited 4×
  The court held that the trial court's refusal to allow cross-examination regarding a prosecution witness's current address and place of employment did not deny the defendant his right to confrontation, as disclosure might endanger the witness and the defendant showed no particula
• Martin v. State
  533 F.2d 270· 5th Cir.· 1976-06-11 ·cited 4×
  There is no federal constitutional right to credit for time served in jail while awaiting trial, unless the defendant is indigent and sentenced to the statutory maximum term.
• Dukes v. Waitkevitch
  536 F.2d 469· 1st Cir.· 1976-06-10 ·cited 4×
  The court held that the circumstances of this case did not constitutionally require the trial judge to question prospective jurors on racial prejudice.
• Effler v. Rose
  535 F.2d 980· 6th Cir.· 1976-06-09 ·cited 4×
  The court held that the deputies had probable cause to arrest Effler based on the plain view doctrine and the circumstances observed.
• Lowery v. Cardwell
  535 F.2d 546· 9th Cir.· 1976-05-19 ·cited 4×
  The court held that the appellant's absence from chambers during her attorney's motion to withdraw and an off-the-record conference may have violated her due process and Sixth Amendment rights.
• Tremayne v. Nelson
  537 F.2d 359· 9th Cir.· 1976-05-17 ·cited 4×
  The court held that the state trial court's finding of voluntary consent to search was correct and that no Miranda warnings were required before a second request for consent to search.
• Austin v. Wyrick
  535 F.2d 443· 8th Cir.· 1976-05-06 ·cited 4×
  The court held that the prosecution's suppression of material exculpatory evidence favorable to the accused violated due process.
• Smith v. Estelle
  531 F.2d 260· 5th Cir.· 1976-05-05 ·cited 4×
  The court held that the appellant's conviction was not subject to habeas corpus relief because the in-court identification was not impermissibly suggestive, counsel was not constitutionally required at the pretrial examining trial, and the grand jury challenge was waived.
• Stevens v. Honorable Max Wilson
  534 F.2d 867· 10th Cir.· 1976-03-18 ·cited 4×
  The concurring judge agrees with the result but expresses views on the application of Terry v. Ohio and the admissibility of confessions following illegal arrests.
• Wills v. Egeler
  532 F.2d 1058· 6th Cir.· 1976-03-16 ·cited 4×
  The court held that federal courts cannot grant habeas corpus relief based on alleged violations of state law or state constitutional provisions.
• Sellers v. Ciccone
  530 F.2d 199· 8th Cir.· 1976-02-12 ·cited 4×
  The court held that the prison's policy requiring inmates to be within ten years of their release date to be eligible for the x-ray technician training program was not arbitrary or capricious.
• Huffman v. State OF Mo.
  527 F.2d 899· 8th Cir.· 1976-01-21 ·cited 4×
  The court held that the petitioner's guilty plea was not rendered unintelligent by ineffective assistance of counsel, as counsel's investigation and advice were constitutionally adequate.
• Scrivens v. Henderson
  525 F.2d 1263· 5th Cir.· 1976-01-16 ·cited 4×
  The court held that the state did not breach a plea bargain by imposing a harsher sentence under the multiple offender statute, as no explicit promise was made regarding that charge.
• Logan v. Capps
  525 F.2d 937· 5th Cir.· 1976-01-12 ·cited 4×
  The court held that the district court erred in denying habeas corpus relief without a full development of facts regarding whether the confession was a product of illegal detention.
• United States ex rel. Alton Cannon v. Smith
  527 F.2d 702· 2d Cir.· 1975-12-18 ·cited 4×
  The court held that the district court did not err in granting the writ of habeas corpus based on a constitutionally tainted lineup identification, affirming the order for a new trial or release.
• Isiah Bennett v. State OF Miss.
  523 F.2d 802· 5th Cir.· 1975-11-17 ·cited 4×
  A handwritten note sent by an indigent, unrepresented prisoner to the clerk of court within the time for appeal, requesting records and referencing federal law on transcripts for indigents, is sufficient notice to the state that the prisoner desires to appeal and requires the sta
• Sanford v. Hutto
  523 F.2d 1383· 8th Cir.· 1975-10-22 ·cited 4×
  The court affirmed the district court's grant of habeas corpus relief, finding a prima facie case of jury discrimination that the state failed to rebut.
• Howard v. Henderson
  519 F.2d 1176· 5th Cir.· 1975-09-29 ·cited 4×
  The court held that the petitioner's retained counsel's assistance was not constitutionally ineffective, as it fell within the range of competence demanded of attorneys in criminal cases.
• Fish v. Cardwell
  523 F.2d 976· 9th Cir.· 1975-09-29 ·cited 4×
  The court held that the petitioner's claims regarding suggestive photographic identification, prejudicial reference to a mug shot, and insufficiency of evidence were without merit or not cognizable on federal habeas review.
• Martin v. State OF Ind.
  521 F.2d 682· 7th Cir.· 1975-08-28 ·cited 4×
  The court held that the district court erred in denying the habeas corpus petition by deeming the constitutional issue moot, and that a remand is necessary for further factual determination.
• United States ex rel. Nicholas Abate v. Malcolm
  522 F.2d 826· 2d Cir.· 1975-08-25 ·cited 4×
  The federal court vacated its stay and remanded to the District Court to dismiss the petition as moot because the state court subsequently granted the petitioner bail pending appeal.
• United States ex rel. Eugene Frank Irons v. Montanye
  520 F.2d 646· 2d Cir.· 1975-07-07 ·cited 4×
  The court held that it must remand the case to determine if the issues presented were first raised in state courts, as this is a prerequisite for federal habeas corpus review.
• Speed v. United States
  518 F.2d 75· 8th Cir.· 1975-06-25 ·cited 4×
  The court held that the petitioners' claims lacked merit and affirmed the denial of habeas relief.
• Clayton v. Haynes
  517 F.2d 577· 4th Cir.· 1975-06-09 ·cited 4×
  The court held that a habeas corpus petitioner bears the burden of proving the invalidity of prior uncounseled convictions used for impeachment, and mere allegations are insufficient without supporting evidence.
• McKINNEY v. Parsons
  513 F.2d 264· 5th Cir.· 1975-05-23 ·cited 4×
  The court held that the defendant's conviction for violating the Birmingham obscenity ordinance was constitutional, even though the ordinance was not authoritatively construed until after his conviction, because the ordinance as construed did not violate due process or First Amen
• Fann v. Havener
  516 F.2d 887· 6th Cir.· 1975-05-23 ·cited 4×
  The court affirmed the dismissal of the habeas petition regarding the preindictment identification procedure but vacated and remanded the portion concerning exhaustion of state remedies.
• Lt. Alvin A. Rosenfeld, M.D. v. Rear Admiral Richard E. Rumble
  515 F.2d 498· 1st Cir.· 1975-05-23 ·cited 4×
  The court held that the Navy's determination that the appellant was not opposed to participation in war in any form had a basis in fact, and thus, his claim for discharge as a conscientious objector was properly denied.
• Squire v. Pace
  516 F.2d 240· 4th Cir.· 1975-05-20 ·cited 4×
  The court held that Virginia's disorderly conduct statute is unconstitutionally vague and overbroad, violating the First and Fourteenth Amendments.
• Palmer v. State
  312 So. 2d 476· Fla. 4th DCA· 1975-05-16 ·cited 4×
  Palmer appealed the denial of his habeas corpus petition challenging his extradition to Pennsylvania. The court held that Pennsylvania's extradition papers were deficient because they lacked proper signatures and authentication, and reversed the trial court's decision denying hab
• ST. Jules v. Savage
  512 F.2d 881· 5th Cir.· 1975-05-12 ·cited 4×
  The court held that the district court erred in dismissing the habeas corpus petition for failure to exhaust state remedies when the state's highest court had already rejected the identical constitutional challenge.
• Turnbow v. Estelle
  510 F.2d 127· 5th Cir.· 1975-03-24 ·cited 4×
  The court held that the absence of counsel at sentencing violated the defendant's Sixth Amendment right to counsel, and the appropriate remedy is to grant credit for time served pending trial.
• Thompson v. McMANUS
  512 F.2d 769· 8th Cir.· 1975-03-21 ·cited 4×
  The court affirmed the denial of habeas corpus relief, finding the search of the appellant's home was proper.
• Danney F. MacKey v. State
  310 So. 2d 312· Fla. 1st DCA· 1975-03-20 ·cited 4×
  The court upheld the denial of a habeas corpus petition where the defendant claimed he had completed his jail sentence and should have been released with credit for gain time earned. The court found that the trial judge had properly calculated the sentence to account for gain tim
• Williams v. State
  310 So. 2d 53· Fla. 2d DCA· 1975-03-19 ·cited 4×
  The court held that the appellant was entitled to credit for jail time awaiting trial under a mandatory statute, and the cause must be remanded for a corrective sentence.
• Clark v. Lockhart
  512 F.2d 235· 8th Cir.· 1975-03-18 ·cited 4×
  The court held that an instruction on parole eligibility, while improper, did not violate due process in this habeas corpus case. It also held that deposition testimony was permissible in the habeas proceeding.
• Crow v. Kelley
  512 F.2d 752· 8th Cir.· 1975-03-14 ·cited 4×
  A federal court lacks jurisdiction to order the FBI to expunge records of arrests and convictions without the petitioner first exhausting remedies with the state or local authorities responsible for those records.
• Hutto v. United States
  509 F.2d 132· 5th Cir.· 1975-03-07 ·cited 4×
  The court held that a motion to vacate sentence under 28 U.S.C. § 2255, even if filed with an incorrect criminal case number, should be treated as an independent civil proceeding.
• Snyder v. Ira M. Coiner
  510 F.2d 224· 4th Cir.· 1975-02-07 ·cited 4×
  The court held that the trial court's limitation on cross-examination, even if an abuse of discretion, was harmless error given the overwhelming evidence of guilt, and that the denial of a motion to disqualify a juror was not a due process violation.