Habeas Corpus

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

• 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.
• Smith v. Peyton
  413 F.2d 760· 4th Cir.· 1969-07-29 ·cited 4×
  The court held that a state prisoner's habeas corpus petition should not have been dismissed without a hearing on all claims, particularly the Fourth Amendment search issue, as state remedies were exhausted and the facts required further development.
• Mefford v. Warden, Maryland Penitentiary
  413 F.2d 439· 4th Cir.· 1969-07-24 ·cited 4×
  The court affirmed the denial of habeas corpus relief, finding the confession voluntary and not tainted by illegal arrest or detention.
• Esterya Menon and Ruby Rebecca Menon v. Esperdy
  413 F.2d 644· 2d Cir.· 1969-06-30 ·cited 4×
  The court affirmed the district court's decision, holding that the Menons could be deported to Switzerland, not Turkey, under § 237(a) of the Immigration and Nationality Act.
• Ayers v. Ciccone
  413 F.2d 1049· 8th Cir.· 1969-06-30 ·cited 4×
  The court affirmed the dismissal of the habeas corpus petition, finding no entitlement to relief.
• Woolsey v. Beto
  412 F.2d 748· 5th Cir.· 1969-06-24 ·cited 4×
  The court held that the district court was required to dismiss the petition under Texas v. Payton, and the failure to notify the petitioner's chosen counsel was harmless error.
• United States ex rel. Robert Cash v. Brierley
  412 F.2d 296· 3d Cir.· 1969-06-19 ·cited 4×
  Federal intervention is not warranted when a state court has scheduled a hearing for a habeas corpus petition, even if there has been prior delay.
• Mapp v. State of Fla. & Louie L. Wainwright
  224 So. 2d 431· Fla. 1st DCA· 1969-06-19 ·cited 4×
  Curtis Mapp seeks a belated appeal of his 1965 manslaughter conviction on grounds that prison officials' delay in mailing his notice of appeal deprived him of his right to appeal. The Florida appellate court rejected his habeas corpus petition, holding that Mapp's own lack of dil
• United States ex rel. James Crowson v. Brierley
  411 F.2d 910· 3d Cir.· 1969-06-05 ·cited 4×
  The court affirmed the District Court's denial of the petition for a writ of habeas corpus.
• Kelly v. Peyton
  420 F.2d 912· 4th Cir.· 1969-05-12 ·cited 4×
  The court held that a conflict of interest arising from counsel also acting as a justice of the peace signing arrest warrants requires a hearing on the issue of waiver. It also held that the claim of inadequate communication between attorney and client before trial must be consid
• Jones v. Smith
  411 F.2d 475· 5th Cir.· 1969-05-07 ·cited 4×
  The court held that a guilty plea and sentence are invalid when the defendant receives ineffective assistance of counsel, even if counsel is appointed solely for arraignment.
• Forrest Cummings Green v. Turner
  409 F.2d 215· 10th Cir.· 1969-04-23 ·cited 4×
  The court held that the habeas corpus petition was properly denied because the statutes charged different offenses and the petitioner's claims must first be presented to state courts.
• Narten v. Eyman
  460 F.2d 184· 9th Cir.· 1969-04-15 ·cited 4×
• Bullis v. Hocker
  409 F.2d 1380· 9th Cir.· 1969-04-14 ·cited 4×
  The court held that allegations of abduction by the asylum state are insufficient to challenge its jurisdiction, and Nevada retained jurisdiction over the appellant.
• Elkins v. Asa Kelley
  410 F.2d 734· 5th Cir.· 1969-04-07 ·cited 4×
  The court held that the federal district court should dismiss the habeas corpus petition without prejudice for failure to exhaust state remedies.
• State OF Ariz. v. Ernestine W. Hunt
  408 F.2d 1086· 6th Cir.· 1969-04-04 ·cited 4×
  The court held that Arizona's intervention to appeal the habeas corpus order was proper, and that the defendant, having voluntarily absented herself from trial, should exhaust her remedies in Arizona courts before seeking federal habeas relief.
• Waddell v. Louie L. Wainwright
  410 F.2d 736· 5th Cir.· 1969-04-03 ·cited 4×
  The court affirmed the denial of habeas corpus relief, allowing state courts to reconsider the case in light of Bruton v. United States.
• Wilson v. Bowie
  408 F.2d 1105· 9th Cir.· 1969-03-27 ·cited 4×
  The use of a preliminary hearing transcript at trial, without a showing that the witness was unavailable, violated the defendant's Sixth Amendment right to confrontation.
• United States ex rel. Roosevelt Stevenson v. Mancusi
  409 F.2d 801· 2d Cir.· 1969-03-25 ·cited 4×
  The court reluctantly concurs in the result, anticipating the district court will deny the writ upon consideration of newly discovered evidence.
• Bandy v. United States Attorney Gen. and/or United States Marshal for the Dist. of N.D.
  408 F.2d 523· 8th Cir.· 1969-03-19 ·cited 4×
  A federal district court lacks jurisdiction to issue a writ of habeas corpus ad subjiciendum if the petitioner is not physically within that court's territorial jurisdiction, even if present under a writ of habeas corpus ad prosequendum.
• McKenzie Davis v. Burke
  408 F.2d 779· 7th Cir.· 1969-03-07 ·cited 4×
  Voluntary statements made by an accused in the absence of counsel are not automatically suppressed if the accused voluntarily chooses to speak.
• Newberry v. Beto
  406 F.2d 1325· 5th Cir.· 1969-02-10 ·cited 4×
  The court affirmed the district court's denial of the petition for habeas corpus.
• United States ex rel. James L. Forella v. Hon. Harold W. Follette
  405 F.2d 680· 2d Cir.· 1969-01-10 ·cited 4×
  The court held that the admission of the petitioner's oral statements, made after arrest but before indictment, did not violate his constitutional rights, and affirmed the denial of habeas corpus relief.
• Doerflein v. Bennett
  405 F.2d 171· 8th Cir.· 1969-01-10 ·cited 4×
  The federal court must independently apply federal law to state court findings of fact, even if the state court held a hearing.
• United States ex rel. Anthony Trignani v. Russell
  405 F.2d 1119· 3d Cir.· 1968-12-20 ·cited 4×
  The dissenting judge would affirm the lower court's decision, finding that the relator's due process claim was already decided.
• Peterson v. Gaughan
  404 F.2d 1375· 1st Cir.· 1968-12-19 ·cited 4×
  The court held that the petitioner waived his right to challenge the admission of hearsay evidence by failing to move to strike it after conditional admission, and that the statutory definition of a sexually dangerous person and the equal protection claims lacked merit.
• Jackson v. Nelson
  404 F.2d 1138· 9th Cir.· 1968-12-12 ·cited 4×
• United States ex rel. Lloyd Manley H-3625 v. Rundle
  404 F.2d 44· 3d Cir.· 1968-12-02 ·cited 4×
  The court held that the district court properly denied the habeas corpus petition, as the claims regarding line-ups were not retroactive and the abandonment of appeal claim lacked credibility.
• Woods v. The State OF Tex.
  404 F.2d 332· 5th Cir.· 1968-11-27 ·cited 4×
  The court affirmed the denial of the habeas corpus petition, finding no denial of federally-protected rights in the state proceedings.
• Townes v. Peyton
  404 F.2d 456· 4th Cir.· 1968-11-22 ·cited 4×
  A defendant's subjective belief of systemic racial discrimination is insufficient to invalidate a guilty plea without objective evidence supporting that belief.
• Suggs v. Wilson
  403 F.2d 52· 9th Cir.· 1968-11-13 ·cited 4×
  The court held that a defendant's sentence had not commenced and the trial court could correct a clerical error in the degree of the offense nunc pro tunc without violating double jeopardy protections.
• Dixon v. State
  403 F.2d 49· 5th Cir.· 1968-11-12 ·cited 4×
  The court held that the search warrant was valid and that the appellant's claims regarding its invalidity and admission into evidence lacked merit.
• Jones v. Warden, La. State Penitentiary
  402 F.2d 776· 5th Cir.· 1968-10-25 ·cited 4×
  The court held that the appellant's claim of conviction through illegally seized evidence lacks foundation and is without merit, thus habeas corpus was properly denied.
• Adolphus Brooks v. Louie L. Wainwright
  402 F.2d 105· 5th Cir.· 1968-10-15 ·cited 4×
  The court held that the District Court properly denied the petition for habeas corpus based on the state court record.
• Lawrence v. Louie L. Wainwright
  401 F.2d 177· 5th Cir.· 1968-09-25 ·cited 4×
  The court held that it lacks jurisdiction over the appeal because the notice of appeal was not timely filed within the prescribed 30-day period, with no extension granted.
• Yates v. Breazeale
  402 F.2d 113· 5th Cir.· 1968-08-29 ·cited 4×
  The court affirmed the denial of habeas corpus relief but remanded for a Witherspoon challenge to the death sentence, staying execution pending the outcome.
• Creighbaum v. Warden John C. Burke
  398 F.2d 822· 7th Cir.· 1968-07-31 ·cited 4×
  The court held that the petitioner made a competent waiver of counsel and a knowing, intelligent guilty plea, and the burden was on him to prove otherwise.
• McGARRAH v. Dutton
  398 F.2d 829· 5th Cir.· 1968-07-24 ·cited 4×
  The court held that the State failed to meet its burden to prove a knowing waiver of counsel, requiring reversal of the habeas corpus denial.
• Handley v. Page
  398 F.2d 351· 10th Cir.· 1968-07-24 ·cited 4×
  The court held that the appellant's claims regarding state sentences do not raise a federal issue cognizable in federal habeas corpus.
• Spencer v. Beto
  398 F.2d 500· 5th Cir.· 1968-07-18 ·cited 4×
• Anderson v. Wilson
  397 F.2d 255· 9th Cir.· 1968-07-11 ·cited 4×
  A court may impose a harsher sentence for a second violation of the same statute without violating constitutional safeguards.
• United States ex rel. William Sanders v. Maroney
  397 F.2d 267· 3d Cir.· 1968-06-27 ·cited 4×
  The court held that a federal court must determine if state remedies are exhausted before dismissing a habeas corpus petition without a hearing, especially when allegations of coerced confession and involuntary plea are raised.
• Sanford v. Wingate White
  398 F.2d 479· 5th Cir.· 1968-06-27 ·cited 4×
  The court held that the district court erred in denying the habeas corpus petition without an evidentiary hearing, as the petitioner raised new grounds regarding ineffective assistance of appellate counsel.
• Yant v. Olin G. Blackwell
  396 F.2d 808· 5th Cir.· 1968-06-14 ·cited 4×
  The court held that the federal government did not acquiesce in the appellant serving a state sentence, and thus, time spent in state custody did not affect his federal sentence.
• Leventhal v. Gavin
  396 F.2d 441· 1st Cir.· 1968-06-11 ·cited 4×
  The court held that the district court erred in dismissing the habeas corpus petition without a hearing, as factual issues regarding ineffective assistance of counsel were raised.
• United States ex rel. Frank Earl Senk v. Russell
  396 F.2d 445· 3d Cir.· 1968-06-06 ·cited 4×
  The court affirmed the denial of the habeas corpus petition because the appellant had not exhausted available state remedies.
• Harris v. Louie L. Wainwright
  399 F.2d 142· 5th Cir.· 1968-05-22 ·cited 4×
  The court held that the district court erred in accepting the state court's conclusions without a full, fair, and adequate hearing on the issues of competency to stand trial and effective assistance of counsel.
• United States ex rel. Larry Richardson v. Vitek
  395 F.2d 478· 7th Cir.· 1968-05-21 ·cited 4×
  The court held that the district court did not err in dismissing the habeas corpus petition without a hearing, as the state court's determination of voluntariness was adequately supported by the record and federal standards.
• In re Thoresen
  395 F.2d 466· 1st Cir.· 1968-05-13 ·cited 4×
  The court held that a certificate of probable cause for appeal from an order dismissing a habeas corpus application for lack of jurisdiction should be denied.
• Bright v. Rhay
  391 F.2d 915· 9th Cir.· 1968-04-26 ·cited 4×
  The court held that a guilty plea induced by threats of introducing illegally obtained evidence or habitual criminal charges may be attacked via habeas corpus.