Habeas Corpus

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

• Bolen v. Laird
  443 F.2d 457· 2d Cir.· 1971-05-27 ·cited 4×
  The court held that the Navy's denial of the conscientious objector application lacked a sufficient basis in fact, requiring reprocessing.
• United States ex rel. Joseph Vacca, Jr. v. Commanding Officer
  446 F.2d 1079· 2d Cir.· 1971-05-20 ·cited 4×
  The court held that a college's letter stating a registrant was enrolled full-time should be considered prima facie evidence, not conclusive proof, of meeting requirements for a I-S(C) deferment.
• Smiley v. State OF Cal.
  442 F.2d 1026· 9th Cir.· 1971-05-17 ·cited 4×
  The court held that the district court erred in denying an evidentiary hearing on the voluntariness of the appellant's confession and on whether the failure to object to its admission constituted a deliberate bypass of state court procedures.
• Ortiz v. Craven
  442 F.2d 418· 9th Cir.· 1971-05-12 ·cited 4×
  The court held that the district court's denial of the petition for a writ of habeas corpus was proper, as there was sufficient probable cause for the arrest and any constitutional error was harmless.
• Griffith v. Warden, Nev. State Prison
  442 F.2d 302· 9th Cir.· 1971-05-10 ·cited 4×
  The court held that the appellant's guilty plea was knowing and intelligent, and that the state trial judge's colloquy was sufficient under the law at the time.
• Jiles v. Beto
  442 F.2d 569· 5th Cir.· 1971-05-10 ·cited 4×
  The court held that the state made a good faith effort to show the petitioner was represented by counsel, and an evidentiary hearing was unnecessary.
• Albertson v. Johnson
  440 F.2d 1201· 6th Cir.· 1971-04-23 ·cited 4×
  A Michigan state prisoner must exhaust state court remedies, including a delayed appeal to the Michigan Supreme Court, before filing a federal habeas corpus action.
• Bernier v. Moore
  441 F.2d 395· 1st Cir.· 1971-04-22 ·cited 4×
  A defendant seeking habeas corpus relief is not entitled to further federal review simply by making conclusory allegations without showing entitlement.
• United States ex rel. Fred Carter v. Hon. J. Edwin LaVALLEE
  441 F.2d 620· 2d Cir.· 1971-04-14 ·cited 4×
  The court affirmed the denial of the habeas corpus petition, finding the appellant failed to prove reliance on a broken sentencing promise.
• Swift v. Commandant
  440 F.2d 1074· 10th Cir.· 1971-04-13 ·cited 4×
  The court held that the petitioner's jurisdictional argument, based on O'Callahan v. Parker, was previously decided adversely and thus barred.
• Holscher v. Young
  440 F.2d 1283· 8th Cir.· 1971-04-06 ·cited 4×
  The court held that the defendant was not entitled to resentencing or credit for time served on a vacated prior conviction, and that the modification of his sentence did not violate his constitutional rights.
• Woods v. State OF Tex.
  440 F.2d 1347· 5th Cir.· 1971-04-05 ·cited 4×
  The court held that a prisoner is not entitled to federal habeas relief for the denial of counsel in a parole revocation proceeding.
• Fitts v. United States
  439 F.2d 769· 10th Cir.· 1971-04-05 ·cited 4×
  The court held that the failure to immediately execute a mandatory release violator's warrant does not deprive the sentencing court of discretion regarding concurrent sentences or entitle the appellant to release.
• Alesi v. Craven
  440 F.2d 975· 9th Cir.· 1971-04-01 ·cited 4×
  The court held that statements coerced during plea negotiations and a subsequent probation interview are involuntary and cannot be used for impeachment, even after Harris v. New York.
• United States ex rel. Horace Laws v. Yeager
  448 F.2d 74· 3d Cir.· 1971-03-31 ·cited 4×
  The court held that the exclusion of a single spectator (the witness's mother) during cross-examination, the denial of severance, and the jury instruction regarding juvenile transgressions did not violate the defendant's constitutional rights. The court also found the search warr
• United States ex rel. Arthur Holliday and Albert C. Daniels v. Adams
  443 F.2d 7· 2d Cir.· 1971-03-26 ·cited 4×
  The appellate court affirmed the district court's denial of habeas corpus relief, finding that the admission of evidence of a second assault did not deprive the appellants of a constitutional right.
• Pritchard v. Henderson
  440 F.2d 660· 5th Cir.· 1971-03-19 ·cited 4×
  The court held that the district court did not err in denying a successive habeas corpus petition when the issue presented had already been adjudicated and there was no supervening change in law.
• Rodeheaver v. Louie L. Wainwright
  245 So. 2d 633· Fla. 1st DCA· 1971-03-18 ·cited 4×
  Habeas corpus petition to set aside a guilty plea from 1965 is denied because Boykin v. Alabama, which requires disclosure of voluntary and understanding guilty pleas, does not apply retroactively to pre-1969 pleas.
• GUY v. Ciccone
  439 F.2d 400· 8th Cir.· 1971-03-17 ·cited 4×
  The appeal is dismissed as moot because the appellant is no longer confined and his conviction has been set aside.
• United States ex rel. Anthony Russo v. The State OF NEW Jersey & the Principal Keeper of the State Prison at Trenton
  438 F.2d 1343· 3d Cir.· 1971-03-12 ·cited 4×
  The court affirmed the District Court's denial of habeas corpus, finding confessions voluntary and procedural requirements met. The court also remanded a new statutory challenge for exhaustion of state remedies.
• Walker v. Smith
  439 F.2d 392· 5th Cir.· 1971-03-04 ·cited 4×
  The court held that the district court erred in denying federal habeas corpus relief without a hearing, as the record did not support a finding of deliberate bypass of state appellate remedies or an adequate state hearing.
• Bortree v. Resor
  445 F.2d 776· D.C. Cir.· 1971-03-02 ·cited 4×
  The court held that the Army's disapproval of Private Bortree's application for discharge as a conscientious objector lacked a factual basis.
• Arciniega v. Freeman
  439 F.2d 776· 9th Cir.· 1971-03-01 ·cited 4×
  The court held that the Parole Board had a sufficient basis to revoke parole and that the admission of evidence was proper.
• Curry v. Brown
  440 F.2d 259· D.C. Cir.· 1971-02-10 ·cited 4×
  The court affirmed the grant of summary judgment because the patient's claims were frivolous, but criticized the procedural method used by the district court.
• L. v. Haire
  437 F.2d 1262· 8th Cir.· 1971-02-05 ·cited 4×
  Voluntary, spontaneous statements made by a defendant in custody, without interrogation, are admissible even without Miranda warnings, and such statements can constitute consent to search.
• Holloway v. COX
  437 F.2d 412· 4th Cir.· 1971-01-29 ·cited 4×
  Federal courts reviewing state convictions via habeas corpus need only determine if 'some evidence' supports the conviction, not re-evaluate proof beyond a reasonable doubt.
• Miller v. United States
  437 F.2d 1199· 6th Cir.· 1971-01-25 ·cited 4×
  The court held that the district court erred in granting the petition for writ of habeas corpus, adhering to established Sixth Circuit precedent on the retroactivity of the Leary decision.
• Juelich v. United States Bd. OF Parole
  437 F.2d 1147· 7th Cir.· 1971-01-18 ·cited 4×
  The determination of a parole eligibility date is within the discretion of the Parole Board and not subject to challenge based on the arguments presented.
• United States ex rel. William E. Baity E-1152 v. Maroney
  435 F.2d 1254· 3d Cir.· 1970-12-29 ·cited 4×
  The court held that the appellant failed to meet his burden of proving his guilty plea was not intelligent, and that the Boykin rule does not apply retroactively.
• United States ex rel. Lt. Norman Slade Conrad v. Col. John H. Hoffman
  435 F.2d 1273· 7th Cir.· 1970-12-28 ·cited 4×
  The court held that the district court erred in applying an overly narrow interpretation of 'religious training and belief' for conscientious objector status, requiring reversal.
• Streets v. Louie L. Wainwright
  436 F.2d 962· 5th Cir.· 1970-12-11 ·cited 4×
  A guilty plea stands if entered by one aware of consequences, unless induced by threats, misrepresentation, or improper promises.
• Hanks v. Wideman
  434 F.2d 256· 5th Cir.· 1970-11-30 ·cited 4×
  The court held that the erroneous transfer of a prisoner to federal custody, followed by his return to state custody, did not constitute a waiver of federal jurisdiction, especially when a detainer was in place and the prisoner ultimately benefited from the error.
• WAY v. Gaffney
  434 F.2d 996· 10th Cir.· 1970-11-12 ·cited 4×
  An ex parte order extending the time for appeal is void ab initio if not made within the initial time allowed by Rule 4(a), F.R.App.P.
• Eason v. Beto
  434 F.2d 240· 5th Cir.· 1970-11-04 ·cited 4×
  The court held that a guilty plea is not invalid solely because it resulted from plea bargaining, and the state court's findings were supported by ample basis.
• Taylor v. Beto
  433 F.2d 979· 5th Cir.· 1970-10-28 ·cited 4×
  The court held that an evidentiary hearing is required to determine if the appellant knowingly waived his right to counsel in a prior federal conviction used for sentence enhancement.
• Hoggatt v. Page
  432 F.2d 41· 10th Cir.· 1970-09-28 ·cited 4×
  The court affirmed the district court's denial of habeas corpus relief because the appellant failed to raise the issue of lack of counsel on appeal in the state courts and failed to exhaust state remedies.
• Anderson v. Nelson
  432 F.2d 55· 9th Cir.· 1970-09-28 ·cited 4×
  The court held that the district court must review the state court record to determine if the petitioner's constitutional rights were violated, especially regarding the admissibility of his confession.
• Collins v. O'Connor
  431 F.2d 427· 5th Cir.· 1970-09-23 ·cited 4×
  The court held that the district court did not err in denying the habeas corpus petition, affirming the denial of relief.
• United States ex rel. Venson Eugene Williams v. Dutton
  431 F.2d 70· 5th Cir.· 1970-09-09 ·cited 4×
  The court held that an in camera examination of evidence is adequate for discovery in this criminal case, and the rationale of Alderman v. United States does not apply.
• Zelma C. Wyche v. Hester
  431 F.2d 791· 5th Cir.· 1970-08-25 ·cited 4×
• Serviss v. Moseley
  430 F.2d 1287· 10th Cir.· 1970-08-20 ·cited 4×
  The court held that the appellant knowingly and intelligently waived his rights and admitted to violations, and that the district court's findings were supported by the evidence.
• Harrell King v. Beto
  429 F.2d 485· 5th Cir.· 1970-07-22 ·cited 4×
  The court held that the district court correctly denied the petition for a writ of habeas corpus, affirming the denial.
• Lynwood O'Neal, Jr. v. Beto
  428 F.2d 1164· 5th Cir.· 1970-07-17 ·cited 4×
  The court held that a federal court need not remand a habeas corpus case to state court for exhaustion of remedies when the state appellate court has already decided the precise legal issue adversely to the petitioner.
• Buel v. Decker
  429 F.2d 1314· 5th Cir.· 1970-07-17 ·cited 4×
  The court held that the district court correctly denied habeas corpus relief for failure to exhaust state remedies.
• Daniel v. Louie L. Wainwright
  237 So. 2d 832· Fla. 2d DCA· 1970-07-15 ·cited 4×
  The court held that petitioner is entitled to full appellate review of his conviction via habeas corpus due to procedural entanglements that deprived him of his direct appeal rights.
• Ouletta v. Sarver
  428 F.2d 804· 8th Cir.· 1970-07-10 ·cited 4×
  The court held that the defendant's statement was voluntary and not subject to Miranda warnings because he was not in custody.
• Parshay v. Buchkoe
  427 F.2d 978· 6th Cir.· 1970-06-26 ·cited 4×
  The court held that a defendant's acknowledgment of understanding his rights, coupled with a guilty plea, constitutes a knowing and intelligent waiver of counsel, even without an express waiver.
• Clarke v. Neil
  427 F.2d 1322· 6th Cir.· 1970-06-12 ·cited 4×
  The court held that the seizure of evidence was lawful because it was obtained with consent during a lawful search, and the defendant had no reasonable expectation of privacy.
• United States ex rel. Clifford Brown v. Rundle
  427 F.2d 223· 3d Cir.· 1970-06-12 ·cited 4×
  The court held that the district court did not abuse its discretion in ordering the release of a state prisoner when the state failed to resentence him within the prescribed time.
• Daegele v. Crouse
  429 F.2d 503· 10th Cir.· 1970-06-10 ·cited 4×
  The court held that the petitioner had not exhausted state remedies because he had a direct appeal pending in the Kansas Supreme Court regarding his resentencing.