Habeas Corpus

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

• Boxley v. Rodgers
  395 F.2d 631· D.C. Cir.· 1968-04-22 ·cited 4×
  The appeal is dismissed as moot because the underlying issues have been resolved by subsequent events and the appellant's potential prejudice is speculative.
• United States ex rel. Henry L. Anderson H-6046 v. Rundle
  393 F.2d 635· 3d Cir.· 1968-04-19 ·cited 4×
  The court affirmed the denial of a petition for a writ of habeas corpus because the appellant failed to exhaust available post-conviction remedies in the state courts.
• Platt v. Louie L. Wainwright
  208 So. 2d 666· Fla. 2d DCA· 1968-04-05 ·cited 4×
  The court held that the petitioner had received a full and complete review equivalent to a direct appeal and found no reversible error, thus discharging the writ of habeas corpus.
• United States ex rel. Calvin Manning v. Brierley
  392 F.2d 197· 3d Cir.· 1968-04-01 ·cited 4×
  The court held that the district court did not abuse its discretion in refusing to appoint counsel for the indigent state prisoner in his habeas corpus proceeding.
• Cruz v. Beto
  391 F.2d 235· 5th Cir.· 1968-03-15 ·cited 4×
  The court held that the appellant was deprived of his right to a direct appeal with the assistance of counsel.
• United States ex rel. James F. O'Callahan v. Parker
  390 F.2d 360· 3d Cir.· 1968-03-08 ·cited 4×
  The court held that the admission of evidence obtained via interrogatories, even if constitutionally impermissible, was harmless error because the other evidence of guilt was overwhelming and undisputed, and thus did not contribute to the verdict.
• Nichols v. Henderson
  389 F.2d 990· 6th Cir.· 1968-02-28 ·cited 4×
  The court held that the appellant's constitutional rights were not violated by the use of a disqualified juror absent a showing of prejudice, nor by pre-trial publicity given the lack of objection and sequestration.
• Whippler v. Dutton
  391 F.2d 425· 5th Cir.· 1968-02-07 ·cited 4×
  The court held that the petitioner established a prima facie case of systematic exclusion of Negroes from jury service due to racial discrimination in the jury selection process.
• Grindstaff v. Bennett
  389 F.2d 55· 8th Cir.· 1968-02-05 ·cited 4×
  A federal court must grant an evidentiary hearing on a habeas corpus petition if the merits of the factual dispute were not resolved in the state hearing.
• United States ex rel. Joseph Miles Walker v. Young
  388 F.2d 675· 9th Cir.· 1968-01-26 ·cited 4×
  The federal habeas corpus proceeding is dismissed as premature because the appellant has not yet exhausted his state remedies, including the opportunity for a new trial and potential appeals.
• Londell Brown and Warren E. Gilliam, Jr. v. Major General K. L. Reaves
  388 F.2d 682· 5th Cir.· 1968-01-23 ·cited 4×
  The appeals are dismissed as moot because both appellants were released from military custody before the hearing.
• Haacks v. Louie L. Wainwright
  387 F.2d 176· 5th Cir.· 1968-01-03 ·cited 4×
  A conviction based on an involuntary plea, including one entered through ignorance or inadvertence, is invalid as a denial of due process.
• United States ex rel. Edward John Nowakowski v. Maroney
  387 F.2d 324· 3d Cir.· 1967-12-28 ·cited 4×
  The Court of Appeals lacked jurisdiction to entertain the appeal because the notice of appeal and application for a certificate of probable cause were not filed within the 30-day statutory period.
• O'Toole v. Palmer C. Scafati
  386 F.2d 168· 1st Cir.· 1967-12-01 ·cited 4×
  The court held that statements made by a public official were not coerced, even if made out of fear of prosecution or job loss, when the official was experienced and not mistreated.
• Evans v. United States
  387 F.2d 160· 3d Cir.· 1967-11-21 ·cited 4×
  A motion to vacate a sentence under 28 U.S.C. § 2255 must be deemed to challenge the validity of the conviction, and if a prisoner is serving concurrent sentences, an attack on one conviction is sufficient if it undermines the basis for revocation of probation on another.
• Giles v. State OF Ala.
  384 F.2d 383· 5th Cir.· 1967-10-26 ·cited 4×
  The court held that the district court erred in summarily dismissing the habeas corpus petition without providing a record of its consideration.
• Culbertson v. State OF Cal.
  385 F.2d 209· 9th Cir.· 1967-10-23 ·cited 4×
  The court held that the photographs were not obscene under the applicable legal standards and thus the conviction violated the appellant's constitutional rights.
• United States ex rel. David Almeida v. Rundle
  383 F.2d 421· 3d Cir.· 1967-09-20 ·cited 4×
  The court affirmed the denial of the habeas corpus petition, holding that Almeida's due process rights were not violated by the indictment process, the application of law, or the denial of equal protection, and that his retrial was not barred by double jeopardy.
• Evie Jean NIX v. Duke McCALLISTER
  202 So. 2d 1· Fla. 1st DCA· 1967-08-31 ·cited 4×
  Evie Jean Nix petitioned for habeas corpus seeking bail after being denied bail pending retrial following a mistrial in a first-degree murder case. The Florida District Court of Appeal held that the circumstantial evidence of guilt did not meet the constitutional standard require
• In re Sims
  389 F.2d 148· 5th Cir.· 1967-08-10 ·cited 4×
• Huffman v. Beto
  382 F.2d 777· 5th Cir.· 1967-07-25 ·cited 4×
  The court held that the district court erred in denying habeas corpus relief without determining factual issues regarding the dismissal of the appeal and potential trial perjury.
• Outing v. State OF N.C.
  383 F.2d 892· 4th Cir.· 1967-07-21 ·cited 4×
  The court held that a confession obtained during illegal detention was voluntary because the detention was not coercive and the prisoner had a compulsive impulse to involve himself.
• Gobie v. Wainwright
  380 F.2d 57· 5th Cir.· 1967-07-06 ·cited 4×
  The court held that the appellant must exhaust state remedies before seeking federal habeas corpus relief on the ground that his guilty plea was wrongfully induced.
• Quarles v. Dutton
  379 F.2d 934· 5th Cir.· 1967-06-23 ·cited 4×
  The court held that the trial court erred by not resolving the petitioner's claim that he could not have committed burglaries on January 9, 1954, because he was incarcerated on that date.
• Sheftic v. Otto C. Boles
  377 F.2d 423· 4th Cir.· 1967-05-04 ·cited 4×
  The court held that state prisoners who file habeas corpus petitions in the West Virginia Supreme Court of Appeals have exhausted their state remedies, even if they did not also file in a circuit court.
• Moore v. Rodriguez
  376 F.2d 817· 10th Cir.· 1967-05-02 ·cited 4×
  A voluntary guilty plea waives all non-jurisdictional defenses, and a sentence following such a plea is the result of the plea, not prior evidence.
• Christiansen v. O'Connor
  378 F.2d 364· 9th Cir.· 1967-03-16 ·cited 4×
  The court held that the applicant had not exhausted his state remedies because his appeal from the criminal conviction was still pending.
• Schultz v. United States
  373 F.2d 524· 5th Cir.· 1967-02-27 ·cited 4×
  A prisoner's transfer during an appeal of a habeas corpus denial does not divest the appellate court of jurisdiction.
• Sturm v. Wilson
  373 F.2d 548· 9th Cir.· 1967-02-21 ·cited 4×
  The court held that the appellant should be granted leave to amend his petition to specifically allege coercion regarding his statement.
• Graves v. Eyman
  373 F.2d 324· 9th Cir.· 1967-02-14 ·cited 4×
  The denial of a delayed appeal by the Arizona Supreme Court does not violate federal rights, and a preliminary hearing is not a federal requirement for state prosecutions.
• Marcelino Guerra v. Rodriguez
  372 F.2d 472· 10th Cir.· 1967-02-14 ·cited 4×
  The court held that the appellant waived his right to a preliminary hearing by pleading not guilty and proceeding to trial, and that his assertion of a missing judgment and sentence record was without merit.
• Smith v. Wilson
  373 F.2d 504· 9th Cir.· 1967-02-13 ·cited 4×
  A guilty plea is intelligent and informed even if induced by the threat of a severe penalty, provided the defendant was aware of the facts and potential consequences and was represented by competent counsel.
• Justus v. State OF NEW Mexico
  378 F.2d 344· 10th Cir.· 1967-02-13 ·cited 4×
  The federal district court did not err in dismissing the habeas corpus petition because the appellant failed to overcome the presumption of correctness afforded to the state court's factual determination regarding the confession.
• Allen v. Rodriguez
  372 F.2d 116· 10th Cir.· 1967-01-19 ·cited 4×
  The court held that the appellant's guilty plea was voluntary and he received adequate representation from his court-appointed counsel.
• Doby v. Beto
  371 F.2d 111· 5th Cir.· 1967-01-06 ·cited 4×
  The failure to object to a search warrant affidavit, which was valid under then-existing state law but later invalidated by Supreme Court precedent, does not bar a habeas corpus petition if the conviction was not final when the new precedent was decided.
• United States ex rel. L. T. McKEE v. Pate
  371 F.2d 405· 7th Cir.· 1967-01-05 ·cited 4×
  The court held that the relator was not entitled to release where a transcript was unavailable and a timely motion for new trial was withdrawn, and counsel was not ineffective.
• Pigg v. Patterson
  370 F.2d 101· 10th Cir.· 1966-12-16 ·cited 4×
  The court held that transferring a criminally insane individual to the state penitentiary for safekeeping does not violate due process, and that the individual has not exhausted state remedies for challenging his confinement.
• Laurence E. Boseant, Jr. v. Fitzharris
  370 F.2d 105· 9th Cir.· 1966-12-16 ·cited 4×
  The court held that the appeal from the denial of a petition for habeas corpus should not be dismissed, but the judgment denying the petition should be affirmed.
• Glass v. United States
  371 F.2d 418· 7th Cir.· 1966-12-06 ·cited 4×
  The court held that the petitioner's claims of government perjury, denial of informer production, and prejudice from a defective jury count were without merit.
• Collins v. Wilson
  368 F.2d 995· 9th Cir.· 1966-11-18 ·cited 4×
  The court held that the principles announced in Escobedo and Miranda are not retroactive, and Massiah does not apply to the facts presented.
• Cagle v. Ciccone
  368 F.2d 183· 8th Cir.· 1966-11-09 ·cited 4×
  A federal prisoner must exhaust remedies under 28 U.S.C.A. § 2255 in the sentencing court before seeking habeas corpus relief, unless inadequacy of § 2255 is demonstrated.
• Naples v. Maxwell
  368 F.2d 219· 6th Cir.· 1966-11-04 ·cited 4×
  The court held that the district judge erred in denying the motion to vacate the prior order granting a writ of habeas corpus, due to excusable neglect by state counsel.
• Stubbs v. Crouse
  366 F.2d 753· 10th Cir.· 1966-09-22 ·cited 4×
  The court held that a prisoner waives the right to prior notice of the invocation of the Kansas Habitual Criminal Act if they have a full opportunity to be heard and controvert prior convictions but do not avail themselves of it.
• Meyer Caplan v. Cameron
  369 F.2d 195· D.C. Cir.· 1966-09-07 ·cited 4×
  The dissenting judge believes the trial court correctly applied the law and the record, and that the appellate court should affirm the lower court's decision.
• Butler v. Wilson
  365 F.2d 308· 9th Cir.· 1966-08-24 ·cited 4×
  The court held that the appellant could not rely on Mapp, Escobedo, or Pointer due to the timing of the conviction and the presence of counsel at the preliminary hearing.
• Boydston v. Wilson
  365 F.2d 238· 9th Cir.· 1966-08-23 ·cited 4×
  A federal court cannot grant habeas corpus relief to a prisoner attacking a conviction if that prisoner is also in valid custody under a separate, independent conviction, even if the attacked conviction is void.
• United States ex rel. Albert Jefferson v. FAY
  364 F.2d 15· 2d Cir.· 1966-07-22 ·cited 4×
  The court held that the state court was justified in finding that the appellant intelligently waived his right to counsel, and the district court did not err in denying a habeas corpus hearing.
• Wainwright v. Padgett
  363 F.2d 822· 5th Cir.· 1966-07-08 ·cited 4×
  The court held that the Escobedo decision does not apply retroactively to convictions that became final before its ruling, but the voluntariness of confessions can still be challenged.
• Delgado v. Leoncio Pagan Cancel
  363 F.2d 105· 1st Cir.· 1966-07-08 ·cited 4×
  The court held that the petitioner's confession, made voluntarily at a preliminary hearing where no plea was entered or required, was admissible and did not violate his constitutional rights.
• Bussey v. Maxwell
  362 F.2d 973· 6th Cir.· 1966-07-06 ·cited 4×
  The court held that the petitioner must exhaust available state remedies before seeking federal habeas corpus relief.