Habeas Corpus

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

• Jackson v. Robinson
  476 F.2d 539· D.C. Cir.· 1973-03-20 ·cited 4×
  The court denied the patient's motion for a stay of his appeal, but ultimately granted his motion to withdraw the appeal after he received conditional release.
• Elvin Emmett Moore v. Park J. Anderson
  474 F.2d 1118· 10th Cir.· 1973-03-16 ·cited 4×
  The court held that the written plea form and accompanying questions were sufficient to establish a voluntary and knowing plea, even without a full transcript of oral advisement.
• Noble David Jellum, Jr. v. Hoyt C. Cupp
  475 F.2d 829· 9th Cir.· 1973-03-06 ·cited 4×
  The court held that the Oregon statute criminalizing "acts of sexual perversity" is unconstitutionally vague, even as narrowed by state court interpretation, because it fails to provide legally fixed standards for conduct.
• Powell v. Powell
  274 So. 2d 24· Fla. 1st DCA· 1973-03-06 ·cited 4×
  The court held that the mother was entitled to an opportunity to present evidence of changed circumstances justifying a change in child custody.
• Neville P. Matthews v. Wingo
  474 F.2d 1266· 6th Cir.· 1973-03-01 ·cited 4×
  The court held that a second federal habeas corpus petition raising issues already decided on the merits in a prior petition can be denied, and that conclusory allegations of ineffective assistance of counsel are insufficient to require an evidentiary hearing.
• Chauncey v. Second Jud. Dist. Court
  474 F.2d 1238· 9th Cir.· 1973-02-26 ·cited 4×
• Oakes v. Howard
  473 F.2d 672· 6th Cir.· 1973-02-08 ·cited 4×
  A defendant cannot claim a constitutional violation based on juror misconduct when the facts were known at trial, counsel advised disqualification, and the defendant voluntarily declined to act.
• Major William L. Muller, Jr. v. Melvin Laird as Secretary of Defense
  474 F.2d 999· 5th Cir.· 1973-01-31 ·cited 4×
  The court held that the district court had jurisdiction to hear the habeas corpus petition because the petitioner remained under the effective custody of the Fifth United States Army.
• Wimberley v. Laird
  472 F.2d 923· 7th Cir.· 1973-01-26 ·cited 4×
  The court held that the military tribunal had jurisdiction to try the petitioner for murder committed in Germany, and that his appointed counsel provided effective assistance.
• Kinnard Copeland v. Beto
  471 F.2d 710· 5th Cir.· 1973-01-16 ·cited 4×
  The court held that a defendant's constitutional right to appellate counsel is not violated if the state lacks knowledge of indigency and a desire to appeal.
• United States ex rel. Freddie M. Johnson H-7496 v. Johnson
  471 F.2d 264· 3d Cir.· 1973-01-16 ·cited 4×
  The court held that the district court erred in denying a habeas corpus petition without an evidentiary hearing on the issue of trial counsel's competency regarding the failure to secure alibi and impeachment witnesses.
• Swift v. Ciccone
  472 F.2d 577· 8th Cir.· 1972-12-27 ·cited 4×
  The court held that the automatic forfeiture of good time earned prior to parole revocation does not violate the Due Process Clause of the Fifth Amendment, even without a separate evidentiary hearing on the forfeiture.
• Tommie (Tom) Dixon v. Caldwell
  471 F.2d 767· 5th Cir.· 1972-12-27 ·cited 4×
  The court held that the federal district court erred in denying a habeas corpus petition without an evidentiary hearing, as the state courts had not adequately resolved the factual merits of the petitioner's claims regarding denial of counsel and a free transcript for appeal.
• United States ex rel. Harold Payton v. Rundle
  472 F.2d 36· 3d Cir.· 1972-12-21 ·cited 4×
  The court held that a state prisoner does not have a federal constitutional right to be informed of the right to free counsel on appeal when the court is unaware of his indigency, and Pennsylvania did not violate due process by finding waiver of a state-conferred right.
• Clay v. Louie L. Wainwright
  470 F.2d 478· 5th Cir.· 1972-12-18 ·cited 4×
  The court held that while misdemeanor convictions obtained without counsel are invalid and cannot alone support probation revocation, the state court retains jurisdiction to reconsider probation revocation if the process was initiated within the probation period, even if the peri
• Stearns v. Parker
  469 F.2d 1090· 9th Cir.· 1972-11-27 ·cited 4×
  A state prisoner incarcerated in a federal facility under contract with the state must exhaust state remedies before seeking federal habeas corpus relief.
• United States ex rel. Joseph Johnson v. People OF the State OF Ill.
  469 F.2d 1297· 7th Cir.· 1972-11-20 ·cited 4×
  The court held that the district court did not err in denying the habeas corpus petition without a hearing or appointing counsel, as the state court record adequately demonstrated the legality of the search and seizure and the sufficiency of the evidence.
• Sutton v. Laird
  468 F.2d 1376· 10th Cir.· 1972-11-08 ·cited 4×
  The district court had jurisdiction to entertain the habeas corpus action because the serviceman had sufficient meaningful contacts with the dispatching station within its territorial limits.
• Griggs v. Superintendent, Anchorage State Jail, & State of Alaska
  469 F.2d 87· 9th Cir.· 1972-11-07 ·cited 4×
  The court held that the district court did not err in denying an evidentiary hearing on a habeas corpus petition challenging extradition.
• United States ex rel. Walter Henderson v. Brierley
  468 F.2d 1193· 3d Cir.· 1972-11-06 ·cited 4×
  The district court did not err in denying the habeas corpus petition without an evidentiary hearing, nor was the statute allowing magistrate review unconstitutional.
• Ouimette v. Howard
  468 F.2d 1363· 1st Cir.· 1972-11-02 ·cited 4×
  The court held that the officers' entry into the club was justified and the evidence seized was in plain view, thus the habeas petition was properly denied.
• Ramirez v. Rodriguez
  467 F.2d 822· 10th Cir.· 1972-10-19 ·cited 4×
  The court held that the petitioner's arrest and the subsequent search were based on probable cause, and federal habeas corpus review is available for constitutional claims.
• Newell v. Slayton
  468 F.2d 888· 4th Cir.· 1972-10-05 ·cited 4×
  A prosecutor's comment on the defendant's failure to produce witnesses to contradict the state's evidence, rather than commenting on the defendant's own silence, does not violate the Fifth Amendment privilege against self-incrimination.
• Pineda v. Craven
  465 F.2d 999· 9th Cir.· 1972-09-21 ·cited 4×
  The court affirmed the district court's denial of relief, finding that the state court's factual determinations were well supported by the record.
• Raffone v. Adams
  468 F.2d 860· 2d Cir.· 1972-09-19 ·cited 4×
  The court held that a series of three tips, viewed in conjunction and corroborated by police observations, provided the requisite probable cause for the warrantless arrest of the petitioner and the subsequent warrantless search of his truck.
• Hunt v. Swenson
  466 F.2d 863· 8th Cir.· 1972-09-18 ·cited 4×
  The court held that probable cause for the search warrant was adequately established and that a claim of perjured testimony was not timely raised or lacked merit.
• Anglin v. Caldwell
  465 F.2d 970· 5th Cir.· 1972-08-31 ·cited 4×
  The court held that the petitioner's guilty plea was entered voluntarily and knowingly, despite his claims of drug influence and misrepresentation.
• Boyce Lee Russell v. Louie L. Wainwright
  266 So. 2d 375· Fla. 4th DCA· 1972-08-31 ·cited 4×
  The court held that the defendant's claims regarding identification and the use of the victim's son as a witness lacked merit, and the conviction would not be disturbed.
• Houser v. Geary
  465 F.2d 193· 9th Cir.· 1972-08-21 ·cited 4×
  The court held that the affidavit provided sufficient probable cause to search the entire premises, including the hothouse, and therefore the search warrant was valid.
• August Williams v. Henderson
  465 F.2d 995· 5th Cir.· 1972-08-16 ·cited 4×
  The court vacated the district court's denial of habeas corpus and remanded for reconsideration.
• Dillworth v. Barker
  465 F.2d 1338· 5th Cir.· 1972-08-10 ·cited 4×
  A parolee supervised by a receiving state is considered 'in custody' for habeas corpus purposes under 28 U.S.C. § 2241, but jurisdiction may be declined on forum non conveniens grounds.
• Starnes v. Connett
  464 F.2d 524· 5th Cir.· 1972-07-25 ·cited 4×
  Time spent on parole does not reduce a sentence for a parole violator returned to prison.
• Prince v. Bailey
  464 F.2d 544· 5th Cir.· 1972-07-19 ·cited 4×
  The appellate court affirmed the dismissal of the habeas corpus petition, but on jurisdictional grounds rather than the merits of the speedy trial claim.
• Goins v. Brierley
  464 F.2d 947· 3d Cir.· 1972-07-19 ·cited 4×
  The burden is on the habeas corpus petitioner to prove that a confession was used at trial, especially in old cases where evidence is scarce.
• United States ex rel. Patrick J. Gomes v. State OF NEW Jersey & Howard Yeager
  464 F.2d 686· 3d Cir.· 1972-07-12 ·cited 4×
  The Sixth Amendment right to counsel does not extend to pre-indictment lineups, and the identification procedure used was not unnecessarily suggestive.
• Still v. Commanding Officer
  463 F.2d 991· 5th Cir.· 1972-07-10 ·cited 4×
  The court held that the district court possessed habeas corpus jurisdiction to review the Army's denial of a conscientious objector discharge, despite the petitioner not being in custody within the district.
• United States ex rel. William A. WAX v. Twomey
  465 F.2d 352· 7th Cir.· 1972-07-05 ·cited 4×
  The court held that the petitioner's contentions lacked merit and affirmed the dismissal of his habeas corpus petition.
• Castel Venable v. Neil
  463 F.2d 1167· 6th Cir.· 1972-06-30 ·cited 4×
  A petitioner is entitled to an evidentiary hearing on claims of ineffective assistance of counsel if the allegations, if true, would establish a constitutional violation.
• Parson v. Beto
  463 F.2d 249· 5th Cir.· 1972-06-27 ·cited 4×
  The court held that the district court did not err in dismissing the petition without prejudice because the appellant failed to exhaust his available state remedies.
• Sandoval v. Rodriguez
  461 F.2d 1097· 10th Cir.· 1972-06-22 ·cited 4×
  The court held that the federal district court erred in dismissing the claim regarding the jury instruction on failure to testify for failure to exhaust state remedies, but that the instruction and any alleged prosecutorial comment were not constitutional violations or were harml
• Thomas v. Beto
  461 F.2d 244· 5th Cir.· 1972-06-13 ·cited 4×
  The court held that the petitioner had exhausted state remedies on the claim that the prosecutor displayed his criminal record to the jury, and thus the district court should consider the claim on its merits.
• Taylor v. State OF Ala.
  465 F.2d 376· 5th Cir.· 1972-06-08 ·cited 4×
  A conviction is not invalidated by the fact that the defendant was brought within the court's jurisdiction by forcible abduction.
• Dorman v. State
  263 So. 2d 207· Fla.· 1972-06-07 ·cited 4×
  Dorman filed a habeas corpus petition challenging the constitutionality of his guilty plea to charges of sodomy with a child, alleging he was promised hospitalization rather than imprisonment if he pled guilty. The Florida Supreme Court granted relief and appointed a commissioner
• Murphy v. Hoyt C. Cupp
  461 F.2d 1006· 9th Cir.· 1972-05-30 ·cited 4×
  The court held that the search of the defendant's fingernails was unconstitutional as it was conducted without a warrant and without exigent circumstances. The evidence obtained from this search should not have been admitted at trial.
• Conley v. Beto
  460 F.2d 210· 5th Cir.· 1972-05-16 ·cited 4×
• Cannon v. Sigler
  460 F.2d 311· 8th Cir.· 1972-05-11 ·cited 4×
  The court held that the in-court identification of the petitioner rested upon a basis independent of any taint from the improper lineup procedures.
• United States ex rel. Sandy Barnwell H-9446 v. Rundle
  461 F.2d 768· 3d Cir.· 1972-05-10 ·cited 4×
  The court denied the Commonwealth's motion for a stay of the district court's order and the appellee's motion for release from parole supervision.
• Tramel v. State OF Idaho
  459 F.2d 57· 10th Cir.· 1972-05-10 ·cited 4×
  Inordinate and inexcusable delay in state court process may constitute a denial of due process, necessitating federal court intervention.
• United States ex rel. Stephen Radich v. The Crim. Court OF the City OF NEW York
  459 F.2d 745· 2d Cir.· 1972-04-26 ·cited 4×
  An affirmance of a state court conviction by an equally divided Supreme Court does not constitute an actual adjudication on the merits for the purposes of barring a federal habeas corpus petition.
• Smith v. Yeager
  459 F.2d 124· 3d Cir.· 1972-04-26 ·cited 4×
  A counseled guilty plea entered under then-applicable law forecloses a collateral attack on that plea based on later pronouncements requiring counsel at juvenile certification proceedings.