Habeas Corpus

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

• Queen v. Page
  362 F.2d 543· 10th Cir.· 1966-06-17 ·cited 4×
  The court held that a prisoner's second habeas corpus petition, raising grounds already decided on the merits, should be denied without a hearing. Corrections to court records do not raise constitutional questions justifying federal habeas relief.
• Dana v. Tracy
  360 F.2d 545· 1st Cir.· 1966-05-12 ·cited 4×
  The court held that exceptional circumstances warranted retaining jurisdiction to allow the petitioner a realistic opportunity to pursue state remedies, despite the imminent expiration of his sentence.
• United States ex rel. Joseph Ushkowitz v. McCLOSKEY
  359 F.2d 788· 2d Cir.· 1966-05-02 ·cited 4×
  The court held that repeated contempt sentences for refusing to answer questions before a grand jury, even after serving prior sentences, do not constitute double jeopardy.
• Fitts v. Willingham
  359 F.2d 790· 10th Cir.· 1966-04-19 ·cited 4×
  The court held that the dismissal of the habeas corpus petition was proper because the issues raised were previously decided on direct appeal or were rendered moot by subsequent proceedings.
• Louie L. Wainwright v. Jimmie Temple
  360 F.2d 598· 5th Cir.· 1966-04-11 ·cited 4×
  The court held that the district court acted within its discretion by setting a time limit for further prosecution in a habeas corpus proceeding.
• Dawson v. Peyton
  359 F.2d 149· 4th Cir.· 1966-04-08 ·cited 4×
  The court held that the petitioner's allegations of constitutional violations were not supported by the evidence presented in prior proceedings.
• United States ex rel. Isaiah Rambert v. The State OF NEW York
  358 F.2d 715· 2d Cir.· 1966-04-01 ·cited 4×
  The court held that a habeas corpus hearing was not required because the appellant's claim of not being represented by counsel was contradicted by prior sworn statements and the presumption of regularity in court records.
• Linton v. COX
  358 F.2d 859· 10th Cir.· 1966-03-30 ·cited 4×
  A state prisoner is not entitled to federal habeas corpus relief based on a failure to follow state procedural law when no federal constitutional right was violated.
• Beasley v. Pitchess
  358 F.2d 706· 9th Cir.· 1966-03-25 ·cited 4×
  The court held that the district court erred in denying the habeas corpus petition without a full consideration of the speedy trial and due process claims, especially given the incomplete state court record.
• Caldwell v. Maxwell
  357 F.2d 646· 6th Cir.· 1966-03-24 ·cited 4×
  The court held that the appellant's habeas corpus application was properly denied because the record did not show his guilty plea was involuntarily entered.
• Masters v. Warden Stevens
  357 F.2d 433· 8th Cir.· 1966-03-18 ·cited 4×
  The appeal is dismissed as moot because the petitioner has been transferred from the custody of the respondent warden to a facility in another district and circuit.
• United States ex rel. Willie Combs v. Hon. Wilfred L. Denno
  357 F.2d 809· 2d Cir.· 1966-03-15 ·cited 4×
  The court held that the record sufficiently demonstrated the defendant was represented by counsel at critical stages, and the trial court did not err in denying the habeas corpus petition without a hearing.
• Odus Douglas v. Maxwell
  357 F.2d 320· 6th Cir.· 1966-03-11 ·cited 4×
  The court held that denial of counsel in habeas corpus proceedings does not violate the Sixth Amendment, as habeas corpus is not a criminal proceeding.
• United States ex rel. Joseph Coffey v. Hon. Edward M. FAY
  356 F.2d 460· 2d Cir.· 1966-02-24 ·cited 4×
  Due process does not require disclosure of an informant's identity in a probable cause hearing.
• Carlos (Charlie) Sanchez v. COX
  357 F.2d 260· 10th Cir.· 1966-02-21 ·cited 4×
  The court held that the state supreme court's determination that no fundamental error occurred, based on the trial court's and counsel's assessment that a transcript was unnecessary, was sufficient to affirm the denial of habeas corpus relief.
• Specht v. Patterson
  357 F.2d 325· 10th Cir.· 1966-02-21 ·cited 4×
  The court held that the Colorado Sex Offender Act is constitutional as applied to the petitioner, and his indeterminate sentence is valid.
• Weber v. Willingham
  356 F.2d 933· 10th Cir.· 1966-02-16 ·cited 4×
  The court held that the Parole Board has jurisdiction to retake a prisoner released under mandatory release provisions for violating the terms of that release.
• Delevan Wesley Thomas v. Commonwealth OF Va.
  357 F.2d 87· 4th Cir.· 1966-02-11 ·cited 4×
  The court held that the case should be remanded to allow the petitioner an opportunity to amend his petition to raise a claim under Escobedo v. Illinois, as this issue was not presented or considered by the District Court.
• Quarles v. Balkcom
  354 F.2d 985· 5th Cir.· 1966-01-11 ·cited 4×
  The court held that the adequacy of court-appointed counsel's representation at the time of the guilty plea requires further examination.
• Elmore v. Stone
  355 F.2d 841· D.C. Cir.· 1966-01-07 ·cited 4×
  The appeal is dismissed as moot because the petitioner has been released from the detention facility.
• Stack v. Bomar
  354 F.2d 200· 6th Cir.· 1965-12-30 ·cited 4×
  The court held that the appellant was not deprived of effective assistance of counsel, as his attorney's advice was based on the prevailing Tennessee law at the time, and the guilty plea was voluntary and informed.
• Darey v. Sandritter
  355 F.2d 22· 9th Cir.· 1965-12-28 ·cited 4×
  The court held that a prisoner's transfer to a state hospital for treatment does not present a substantial federal question warranting habeas corpus relief, as the deprivation of liberty stems from the original conviction and sentence.
• Giuseppe Gagliano v. Immigr. & Naturalization Serv.
  353 F.2d 922· 2d Cir.· 1965-12-15 ·cited 4×
  The court held that Gagliano's illegal reentry as a stowaway within the ten-year period following his original deportable offense bars his request for discretionary relief under Section 244(a)(2).
• Collins v. Klinger
  353 F.2d 731· 9th Cir.· 1965-12-02 ·cited 4×
  The court held that the appellant's petition for a writ of habeas corpus was prematurely presented.
• Mauro C. Cantu, Jr. v. Markley
  353 F.2d 696· 7th Cir.· 1965-11-24 ·cited 4×
  The court held that the sentencing court has exclusive jurisdiction under 28 U.S.C. § 2255, and a habeas corpus petition cannot be entertained if the § 2255 remedy is not inadequate or ineffective.
• Barry v. Ward McTAGGART
  351 F.2d 944· 8th Cir.· 1965-11-05 ·cited 4×
  The application for a Certificate of Probable Cause is denied, and the appeal is dismissed because the petitioner has not exhausted state remedies and is not in custody under the contempt order.
• Lon O. Owsley v. Peyton
  352 F.2d 804· 4th Cir.· 1965-11-02 ·cited 4×
  The court held that the petitioner is entitled to a federal hearing, as the state's argument that a change in law necessitates a state hearing is without merit.
• Brown v. Cameron
  353 F.2d 835· D.C. Cir.· 1965-10-29 ·cited 4×
• Comulada v. Willingham
  351 F.2d 936· 10th Cir.· 1965-10-27 ·cited 4×
  The court held that the petitioner was entitled to credit for the period he was erroneously transferred to Leavenworth, as this constituted service of his sentence.
• Turner v. Crouse
  351 F.2d 935· 10th Cir.· 1965-10-25 ·cited 4×
  The court held that the appellant must first exhaust state remedies before a federal court can consider his habeas corpus petition regarding the waiver of counsel.
• Wallace v. Willingham
  351 F.2d 299· 10th Cir.· 1965-10-14 ·cited 4×
  Habeas corpus is not an available remedy when Section 2255 provides an adequate remedy, even if that remedy was previously erroneously denied.
• O'Callahan v. The Attorney Gen. OF the United States
  351 F.2d 43· 1st Cir.· 1965-10-01 ·cited 4×
  Denial of credit for parole time does not violate the Constitution, as parole is a matter of grace and Congress can grant the Parole Board authority over parolees.
• Loftis v. Eyman
  350 F.2d 920· 9th Cir.· 1965-09-20 ·cited 4×
  The court held that the appellant's statements made during police interrogation were voluntary and not obtained in violation of his constitutional rights, as he was not denied counsel and no confession was involved.
• United States ex rel. Richard J. Manduchi v. Tracy
  350 F.2d 658· 3d Cir.· 1965-08-19 ·cited 4×
  The court held that the police's unannounced, forced entry into the apartment was unreasonable under the circumstances, rendering the evidence obtained inadmissible.
• Clarkson Fuller v. Kermit A. Weakley
  349 F.2d 90· 4th Cir.· 1965-08-02 ·cited 4×
  The D.C. Parole Board had the power to issue a parole violator warrant for a federal law violator incarcerated in a D.C. institution, and the petitioner's removal from New York was justified by his subsequent convictions.
• Pate v. Wilson
  348 F.2d 900· 9th Cir.· 1965-07-28 ·cited 4×
  A state prisoner must exhaust available state remedies before seeking federal habeas corpus relief, even if incarcerated in another state under a correctional compact.
• Cullins v. Crouse
  348 F.2d 887· 10th Cir.· 1965-07-15 ·cited 4×
  The court held that a prior federal habeas corpus decision on the merits, which determined that Kansas procedures did not violate double jeopardy principles and that the sentence was valid, precludes reexamination of the same issues in a subsequent petition when the ends of justi
• Farrant v. Bennett
  347 F.2d 390· 8th Cir.· 1965-06-30 ·cited 4×
  The court held that the district court should have granted a hearing on the appellant's allegations regarding the sentencing procedure and the effectiveness of counsel.
• Moorer v. State OF S.C. & Ellis C. MacDougall
  347 F.2d 502· 4th Cir.· 1965-06-23 ·cited 4×
  The district judge erred in dismissing the habeas corpus petition without an evidentiary hearing or consideration of the state court record.
• Carroll v. Otto C. Boles
  347 F.2d 96· 4th Cir.· 1965-06-11 ·cited 4×
  The court held that the state court lacked jurisdiction to impose a life sentence because the petitioner was not duly cautioned of his rights and the consequences of his admissions regarding prior felony convictions.
• State OF Minn. ex rel. Glen R. Holscher v. Tahash
  346 F.2d 556· 8th Cir.· 1965-06-03 ·cited 4×
  The court held that the district court failed to make necessary findings of fact and conclusions of law regarding the appellant's constitutional claims.
• State of Fla. ex rel. Joel D. Gebhardt v. T. A. Buchanan as Sheriff & Dir. of Pub. Safety
  175 So. 2d 803· Fla. 3d DCA· 1965-06-02 ·cited 4×
  Gebhardt, a confessed murderer who agreed to testify against his co-defendant in exchange for immunity, challenged his detention as a material witness. The Florida appellate court held that his confinement was lawful because it resulted from his own agreement with the state, not
• Hooker v. Otto C. Boles
  346 F.2d 285· 7th Cir.· 1965-05-31 ·cited 4×
  The state court lacked jurisdiction to impose a life sentence under the recidivist statute because it failed to 'duly caution' the petitioner as required by the statute, rendering the life sentence void.
• Cain v. Markley
  347 F.2d 408· 7th Cir.· 1965-05-26 ·cited 4×
  The court held that a district court lacks jurisdiction to entertain a habeas corpus petition when the petitioner's prior motion under 28 U.S.C. § 2255 in the sentencing court was denied, even if the petitioner believes the remedy was inadequate or ineffective due to a circuit sp
• LaFAVER v. Turner
  345 F.2d 519· 10th Cir.· 1965-05-03 ·cited 4×
  The federal court had the power to condition its grant of a habeas corpus writ and was not bound by Rule 60(b) after the state corrected the procedural defect.
• McKINNEY v. Taylor
  344 F.2d 854· 10th Cir.· 1965-04-30 ·cited 4×
  The court held that the district court erred in dismissing the habeas corpus petition without a hearing, as the petition raised questions regarding statutory and industrial good-time allowances.
• Mitchell v. Kennedy
  344 F.2d 935· 10th Cir.· 1965-04-19 ·cited 4×
  The court held that the appellant's arguments regarding conditional release and good time computation were without merit.
• Outing v. State OF N.C.
  344 F.2d 105· 4th Cir.· 1965-04-05 ·cited 4×
  A state court's conclusionary finding that a confession was voluntary is not an acceptable substitute for a federal habeas court's own findings of historic facts.
• United States ex rel. Tobias Bund v. LaVALLEE
  344 F.2d 313· 2d Cir.· 1965-04-05 ·cited 4×
  The court held that the appellant's constitutional rights were not violated by the refusal to make Grand Jury testimony available, as no exculpatory evidence was suppressed and retroactive application of a state procedural rule was not constitutionally mandated.
• United States ex rel. William G. Carrol v. Honorable J. Edwin LaVALLEE
  342 F.2d 641· 2d Cir.· 1965-03-12 ·cited 4×
  The court held that while a certificate of probable cause is generally required for appeals in state prisoner habeas corpus cases, it would grant a delayed application in this instance to avoid further delay.