Habeas Corpus

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

• Wooden v. State
  236 So. 2d 137· Fla. 1st DCA· 1970-06-09 ·cited 4×
  Otis Wooden petitioned for habeas corpus relief, challenging his conviction and 30-year sentence for forcible rape. The court granted relief because Wooden's court-appointed counsel unconstitutionally refused to pursue a direct appeal after Wooden explicitly requested one, thereb
• Austin v. Louie L. Wainwright
  427 F.2d 1165· 5th Cir.· 1970-05-28 ·cited 4×
  The court held that the district court erred in denying a claim of perjured testimony because it was not previously adjudicated, but affirmed the denial of other claims, including ineffective assistance of counsel and refusal to instruct on lesser offenses.
• Houser v. United States
  426 F.2d 817· 6th Cir.· 1970-05-27 ·cited 4×
  The rule in Leary v. United States should not be retroactively applied to cases where a guilty plea was entered before Leary was decided.
• Campbell v. Honorable J. E. Weatherford
  427 F.2d 131· 5th Cir.· 1970-05-20 ·cited 4×
  The court held that the civil rights action was barred by the applicable state statute of limitations.
• Stout v. Hoyt C. Cupp
  426 F.2d 881· 9th Cir.· 1970-05-20 ·cited 4×
  The court held that the District Court's dismissal of the habeas corpus petition was correct because the suppressed information was not material and the confession was admissible.
• United States ex rel. Donald Somerville v. State OF Ill.
  429 F.2d 1335· 7th Cir.· 1970-05-14 ·cited 4×
  The court held that jeopardy attached when the jury was impaneled, and a subsequent dismissal by the government barred retrial.
• Larson v. Swenson
  425 F.2d 1076· 8th Cir.· 1970-05-13 ·cited 4×
  The court held that a state prisoner must exhaust available state remedies before seeking federal habeas corpus relief.
• Kirby v. Beto
  426 F.2d 258· 5th Cir.· 1970-05-12 ·cited 4×
  The court held that the search was legal and the petitioner was not denied due process of law, affirming the district court's denial of habeas corpus relief.
• Woodbury v. Beto
  426 F.2d 923· 5th Cir.· 1970-05-07 ·cited 4×
  The court affirmed the district court's denial of the petitioner's application for a writ of habeas corpus.
• United States ex rel. Raymond Lawson v. Cavell
  425 F.2d 1350· 3d Cir.· 1970-05-07 ·cited 4×
  The court held that the relator was not entitled to a second evidentiary hearing and that the parole board's actions did not violate constitutional rights.
• Bennett v. State OF Md.
  425 F.2d 181· 4th Cir.· 1970-04-28 ·cited 4×
  The court held that the trial counsel's performance was not so inadequate as to constitute a denial of the Sixth Amendment right to counsel.
• Duennebeil v. Turner
  425 F.2d 1207· 10th Cir.· 1970-04-28 ·cited 4×
  A mandatory releasee is not entitled to appointed counsel at a post-revocation hearing if they admit the factual issues constituting a violation of their release conditions.
• Hernandez v. Schneckloth
  425 F.2d 89· 9th Cir.· 1970-04-20 ·cited 4×
  The court held that the petitioner's claims of due process violations were without merit and that dismissal of his habeas corpus petition was warranted.
• Jenkins v. Kropp
  424 F.2d 665· 6th Cir.· 1970-04-15 ·cited 4×
  The court held that the district court erred by not examining the state court record or conducting an evidentiary hearing regarding claims of prejudicial publicity affecting the fairness of the trial.
• United States ex rel. Sherman Walters H-2301 v. Rundle
  424 F.2d 488· 3d Cir.· 1970-04-13 ·cited 4×
  The court held that the denial of direct appellate review was not prejudicial because the Pennsylvania Post-Conviction Hearing Act provided adequate relief.
• State of Fla. ex rel. Charles Ray Arnold v. State
  233 So. 2d 173· Fla. 3d DCA· 1970-03-23 ·cited 4×
  Charles Ray Arnold sought habeas corpus relief after his court-appointed attorney failed to file a timely appeal from his second-degree murder conviction. The Florida District Court of Appeal held that the failure of appointed counsel to perfect an appeal constitutes state action
• Bosler v. Swenson
  423 F.2d 257· 8th Cir.· 1970-03-19 ·cited 4×
  The court held that federal habeas corpus relief was properly denied without prejudice because state remedies had not been exhausted, and the state court had since resolved the pending motion.
• Cook v. Beto
  425 F.2d 1066· 5th Cir.· 1970-03-19 ·cited 4×
  The court held that the district court's findings of fact were not clearly erroneous and were supported by the record, affirming the denial of the habeas corpus petition.
• Dempsey Edward Horn v. Beto
  423 F.2d 583· 5th Cir.· 1970-03-18 ·cited 4×
  The court held that the district court correctly denied the habeas corpus petition for failure to exhaust state remedies.
• Caldwell v. State
  232 So. 2d 427· Fla. 1st DCA· 1970-03-10 ·cited 4×
  Kenneth Caldwell sought habeas corpus relief from his five-year escape sentence, arguing that his escape was not unlawful because the two-year sentence he was serving when he escaped was itself invalid under an earlier Calloway Brown ruling. The court rejected this argument becau
• Pratt v. State
  232 So. 2d 248· Fla. 2d DCA· 1970-02-27 ·cited 4×
  The court held that the motion was insufficient under Rule 1.850, but the issue raised could be grounds for a habeas corpus petition.
• Ramon v. Hoyt C. Cupp
  423 F.2d 248· 9th Cir.· 1970-02-26 ·cited 4×
  The court held that a warrantless search of an automobile conducted 32 hours after the arrest of its owner, when both the owner and the vehicle were in police custody and no forfeiture proceedings had been initiated, was unreasonable and violated the Fourth Amendment.
• Hill v. Beto
  422 F.2d 840· 5th Cir.· 1970-02-19 ·cited 4×
  Convictions by separate sovereigns for separate offenses do not constitute double jeopardy, and other claims lacked merit.
• White v. Gnann
  422 F.2d 1306· 5th Cir.· 1970-02-19 ·cited 4×
  The court held that a guilty plea entered voluntarily and understandingly waives all prior non-jurisdictional defects, and affirmed the denial of habeas corpus relief.
• Purdy v. Evans
  231 So. 2d 836· Fla.· 1970-02-11 ·cited 4×
  The Florida Supreme Court reversed a trial court's habeas corpus decision that invalidated Dade County's DUI ordinance for failing to provide jury trial rights. The court held that the ordinance must comply with state statutory provisions requiring jury trial opportunities in DUI
• United States ex rel. Calvin Frizer v. McMANN
  437 F.2d 1309· 2d Cir.· 1970-01-27 ·cited 4×
  The court held that the identification procedure was not impermissibly suggestive and the delay in trial did not violate the defendant's speedy trial rights without a showing of prejudice.
• United States ex rel. Lyman Austin Moore v. Woods
  420 F.2d 1260· 7th Cir.· 1970-01-13 ·cited 4×
  The court held that the district court did not err in dismissing the habeas corpus petition, finding no denial of due process, Fourth Amendment, or Fifth Amendment rights.
• Denzil R. Allen v. Rolland F. VanCANTFORT
  420 F.2d 525· 1st Cir.· 1970-01-13 ·cited 4×
  Civilian courts should not entertain habeas corpus petitions from military prisoners until all available military remedies have been invoked, even if constitutional claims are raised.
• Evans v. Ward Lane
  419 F.2d 1337· 7th Cir.· 1970-01-07 ·cited 4×
  The court held that the petitioner must first exhaust available state remedies under new post-conviction rules before seeking federal habeas corpus relief.
• Gausmann v. Laird
  422 F.2d 394· 9th Cir.· 1969-12-22 ·cited 4×
  The court held that the evidence fully supported the trial court's determination that no fraudulent guarantee regarding assignment was made to the petitioner.
• Canavari v. Richardson
  419 F.2d 1287· 9th Cir.· 1969-12-19 ·cited 4×
  Time spent on parole does not count towards a federal sentence, even if the parole is later revoked.
• Hinkle v. Ohio Parole Auth.
  419 F.2d 130· 6th Cir.· 1969-12-16 ·cited 4×
  A state is not constitutionally required to provide parole, and if it does, it may stipulate the terms for revocation without a hearing.
• Domer v. Smith
  422 F.2d 831· 7th Cir.· 1969-12-10 ·cited 4×
  A federal prisoner must first seek relief under 28 U.S.C. § 2255 in the sentencing court before filing a habeas corpus petition, unless the prisoner shows § 2255 would be inadequate or ineffective.
• Sertic v. Honorable Melvin Laird
  418 F.2d 915· 9th Cir.· 1969-11-20 ·cited 4×
  The court held that the Air Force's denial of conscientious objector status lacked a basis in fact, as the petitioner's beliefs met the Seeger test.
• Hitchcock v. Eyman
  418 F.2d 1245· 9th Cir.· 1969-11-20 ·cited 4×
  The court held that a habeas corpus petition, while factually insufficient, should have been allowed to be amended if the petitioner could provide supporting facts.
• United States ex rel. John Adams v. Pate
  418 F.2d 815· 7th Cir.· 1969-11-05 ·cited 4×
  The court held that if a state's highest court has ruled on a federal question on direct review, the petitioner is not required to present the same claim in a post-conviction proceeding.
• Clark v. State
  229 So. 2d 877· Fla. 2d DCA· 1969-10-31 ·cited 4×
  Robert Clark appeals his conviction for uttering a forged bank check, challenging the admissibility of bank employee testimony and his police confession. The appellate court affirms his conviction, finding both the testimony and confession admissible.
• Ryan v. State OF La.
  418 F.2d 560· 5th Cir.· 1969-10-30 ·cited 4×
  A guilty plea induced by threats is invalid and does not waive non-jurisdictional defenses.
• Bouillons v. Burke
  418 F.2d 297· 7th Cir.· 1969-10-07 ·cited 4×
  The court held that the district court erred in denying an evidentiary hearing and accepting the sheriff's testimony as sufficient proof of waiver of the right to counsel, given the inadequate state court record.
• Williams v. Louie L. Wainwright
  415 F.2d 1136· 5th Cir.· 1969-09-18 ·cited 4×
  The court held that the district court's finding that the guilty plea was voluntary and entered with effective counsel was supported by the record.
• United States ex rel. Kenneth Headley v. Mancusi
  415 F.2d 277· 2d Cir.· 1969-09-12 ·cited 4×
  The court held that petitioners must seek relief in the state courts of New York regarding their Bruton claims.
• Strauss v. Smith
  417 F.2d 132· 7th Cir.· 1969-09-08 ·cited 4×
  The court held that the petitioner was not denied due process and that his parole revocation was valid, affirming the district court's grant of summary judgment.
• Esquivel v. United States
  414 F.2d 607· 10th Cir.· 1969-08-26 ·cited 4×
  The court held that the petitioner's mandatory release revocation and forfeiture of good time were lawful, and the district court's dismissal of his habeas corpus application was correct.
• Davis v. Willingham
  415 F.2d 344· 10th Cir.· 1969-08-25 ·cited 4×
  Habeas corpus is an available remedy for presentence custody credit claims when § 2255 is inadequate to secure immediate release.
• Evans v. Cupp
  415 F.2d 844· 9th Cir.· 1969-08-22 ·cited 4×
  The court held that the petitioner's claims regarding jury unanimity, prosecutorial comment on silence, and search and seizure were either waived, harmless, or not applicable under the relevant constitutional law at the time of trial.
• Webb v. Beto
  415 F.2d 433· 5th Cir.· 1969-08-21 ·cited 4×
  The court held that the appellant's confession was voluntary and admissible, and that the delay in arraignment did not vitiate the confession.
• Louie L. Wainwright v. LaSALLE
  414 F.2d 1235· 5th Cir.· 1969-08-21 ·cited 4×
  The court held that the prisoner's statements were involuntary and inadmissible due to the totality of circumstances, including language barriers and lack of effective warnings.
• United States ex rel. Herbert James Daley v. Yeager
  415 F.2d 779· 3d Cir.· 1969-08-11 ·cited 4×
  The court held that the relator's constitutional rights under the Fourth, Fifth, and Sixth Amendments were violated when police obtained consent to search his apartment after he had requested counsel at a preliminary hearing.
• United States ex rel. Charles Joseph v. LaVALLEE
  415 F.2d 150· 2d Cir.· 1969-08-07 ·cited 4×
  The court held that the admission of a non-testifying co-defendant's confession, even if redacted, was harmless error beyond a reasonable doubt due to overwhelming evidence of the defendant's guilt.
• United States ex rel. Dennis P. Kelly v. Maroney
  414 F.2d 1228· 3d Cir.· 1969-08-06 ·cited 4×
  The court held that while the district court's reasoning for dismissal was incorrect, the dismissal of the habeas corpus petition is affirmed because the underlying extradition claims would be rejected on the merits.