Habeas Corpus

18,787 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Davis v. Kropp
  339 F.2d 845· 6th Cir.· 1965-01-04 ·cited 4×
  The court held that the district court should have examined the trial transcript to determine if a coerced confession was used, rather than denying the habeas corpus petition without a hearing.
• Eleftherios Liadakis v. Immigr. & Naturalization Serv.
  339 F.2d 447· 4th Cir.· 1964-12-07 ·cited 4×
  The court held that the petition for review was untimely because it was filed outside the statutory six-month period.
• United States ex rel. Charles Glinton v. Denno
  339 F.2d 872· 2d Cir.· 1964-12-04 ·cited 4×
  The court held that the relator's detention as a material witness was lawful, his statements were voluntary, and their admission into evidence was proper, affirming the denial of his habeas corpus petition.
• Crabtree v. Otto C. Boles
  339 F.2d 22· 4th Cir.· 1964-11-20 ·cited 4×
  The court held that the petitioner was adequately cautioned regarding the consequences of admitting prior convictions, thus satisfying due process requirements.
• Lovedahl v. State OF N.C.
  338 F.2d 512· 4th Cir.· 1964-11-12 ·cited 4×
  The court held that the district court should inquire further into the petitioner's mental competency at the time of his guilty plea, despite prior habeas corpus denials, due to lingering doubts and relevant background facts.
• Landry v. Commonwealth OF Mass.
  336 F.2d 189· 1st Cir.· 1964-09-08 ·cited 4×
  The court held that an appeal from a state prisoner's habeas corpus petition dismissal cannot proceed without a certificate of probable cause.
• Murray v. United States
  334 F.2d 616· 9th Cir.· 1964-07-10 ·cited 4×
  The court held that releasing a federal prisoner to state authorities before the federal sentence expires does not cause the federal government to lose jurisdiction.
• William (Billy) McCOY v. Bomar
  333 F.2d 959· 6th Cir.· 1964-07-09 ·cited 4×
  The court held that the petitioner failed to prove any case warranting a writ of habeas corpus, as he received a fair trial and adequate representation.
• Sides v. Tinsley
  333 F.2d 1002· 10th Cir.· 1964-06-29 ·cited 4×
  The court held that the petitioner had not exhausted his state remedies, making the district court's denial of habeas corpus relief proper.
• Crismond v. Olin G. Blackwell
  333 F.2d 374· 3d Cir.· 1964-06-17 ·cited 4×
  The court held that the district court correctly denied the appellant's petition for a writ of habeas corpus because the appellant had not exhausted his remedies in the sentencing court and the appellate court for that jurisdiction.
• Ferdi A. Miller v. Cameron
  335 F.2d 986· D.C. Cir.· 1964-06-11 ·cited 4×
  The court held that the trial judge's denial of the appellant's petition for unconditional release was supported by substantial evidence and affirmed the judgment.
• The United States v. FAY
  332 F.2d 1020· 2d Cir.· 1964-06-09 ·cited 4×
  The court held that the petitioner's arrest was lawful, and therefore the evidence seized was admissible, even if the police failed to inform him of the reason for the arrest at the time.
• Beeler v. Crouse
  332 F.2d 783· 10th Cir.· 1964-06-05 ·cited 4×
  The court held that the trial court's findings were supported by sufficient evidence and were not clearly erroneous.
• Townsend v. Bomar
  331 F.2d 19· 6th Cir.· 1964-04-27 ·cited 4×
  The court held that the district court erred in relying on letters not in evidence to deny a continuance claim and vacated the judgment.
• United States v. Barwick
  331 F.2d 597· 4th Cir.· 1964-04-27 ·cited 4×
  The court held that a petitioner who presented his claim to the state's highest court has exhausted state remedies, even if alternate procedures exist.
• In the Interest of MY
  162 So. 2d 551· Fla. 3d DCA· 1964-04-08 ·cited 4×
  The juvenile court erred in transferring custody of children to the father, as it lacked jurisdiction absent divorce or habeas corpus proceedings and the order lacked sufficient grounds and denied due process.
• Smith v. The State OF Tex.
  329 F.2d 498· 5th Cir.· 1964-03-30 ·cited 4×
  The court held that the appellant's conviction for murder was supported by competent evidence, including corroborating circumstances and his extrajudicial statement, satisfying the requirements for proving the corpus delicti.
• Freddy Green v. Bomar
  329 F.2d 796· 6th Cir.· 1964-03-26 ·cited 4×
  The court held that a denial of a preliminary hearing and alleged police brutality do not constitute grounds for federal habeas corpus relief when they do not affect the validity of the conviction.
• O'Brien v. Juv. & Dom. Relations Court of Dade Cnty.
  161 So. 2d 220· Fla. 3d DCA· 1964-03-06 ·cited 4×
  Russell O'Brien appealed a juvenile court's determination that his 14-year-old daughter was dependent and should be placed in foster care. The appellate court affirmed the determination, holding that the juvenile court properly exercised its authority under Chapter 39 of the Flor
• State of Fla. ex rel. Neva Singleton v. Walters
  158 So. 2d 513· Fla.· 1963-12-11 ·cited 4×
  Minors detained at Florida state schools for children sought habeas corpus relief through their parents/next friends. The Florida Supreme Court denied the petition, finding that adequate relief was available through pending motions in the juvenile and appellate courts.
• United States ex rel. Harry Carson McNERLIN v. Denno
  324 F.2d 46· 2d Cir.· 1963-11-06 ·cited 4×
  A federal district court is not required to hold an evidentiary hearing on a habeas corpus petition if the state court record demonstrates that the material facts were reliably found and adequately developed.
• Bennie Williams v. Heritage
  323 F.2d 731· 5th Cir.· 1963-10-18 ·cited 4×
  Civil courts have very limited jurisdiction to review military court-martial proceedings, and only to determine if the court-martial had jurisdiction over the person and subject matter.
• Gillis v. Cameron
  324 F.2d 419· D.C. Cir.· 1963-10-03 ·cited 4×
  A discharge as 'improved' from a mental hospital legally terminates a prior commitment order, and a patient cannot be recommitted under that order without new proceedings, even if they remain adjudicated of unsound mind.
• McNUTT v. State OF Tex.
  323 F.2d 662· 5th Cir.· 1963-10-03 ·cited 4×
• Dawson v. Bomar
  322 F.2d 445· 6th Cir.· 1963-09-25 ·cited 4×
  The court held that the capital punishment laws of Tennessee are valid despite being enacted by a malapportioned legislature, due to the de facto doctrine and the principle of avoiding chaos.
• In re Internal Gov't of the Dist. Court of Appeal
  156 So. 2d 415· Fla. 3d DCA· 1963-09-17 ·cited 4×
  The Third District Court of Appeal of Florida adopted a rule waiving filing fees for notices of appeal from orders on motions for relief under Criminal Procedure Rule No. 1. This rule applies regardless of the appellant's financial status and aligns with fee waivers for habeas co
• Blackburn v. Munson
  155 So. 2d 730· Fla. 2d DCA· 1963-08-16 ·cited 4×
  The Sheriff of Hillsborough County appeals an order discharging a prisoner from custody on habeas corpus grounds. The court reverses, holding that Wisconsin's extradition demand sufficiently complied with Florida's Uniform Interstate Extradition Act through authentication by refe
• Jonnie Tune v. Cunningham
  319 F.2d 823· 4th Cir.· 1963-07-09 ·cited 4×
  The court held that the claim of inadequate counsel performance, not raised in state courts, should be presented there first.
• Bennie Doster v. Bannan
  318 F.2d 453· 6th Cir.· 1963-06-15 ·cited 4×
  The court held that the petitioner had not exhausted his state remedies, as a motion for a new trial in the state trial court was still available.
• Cameron v. Fisher
  320 F.2d 731· D.C. Cir.· 1963-06-13 ·cited 4×
  The court affirmed the release of Fisher, as his prior commitment was invalidated by the Supreme Court's ruling in Lynch v. Overholser.
• Thompson v. Willingham
  318 F.2d 657· 3d Cir.· 1963-05-22 ·cited 4×
  The court held that the Fifth Amendment's grand jury requirement does not apply to capital crimes committed by members of the land or naval forces in peacetime.
• Estep v. United States
  316 F.2d 767· 9th Cir.· 1963-04-10 ·cited 4×
  A federal prisoner seeking to challenge a sentence must first utilize the remedy provided by 28 U.S.C. § 2255 in the sentencing court, and habeas corpus is only available if that remedy is shown to be inadequate or ineffective.
• Wittcop v. Louie L. Wainwright
  151 So. 2d 635· Fla. 2d DCA· 1963-04-05 ·cited 4×
  Petitioner Wittcop sought a writ of habeas corpus challenging his concurrent sentences imposed by the Circuit Court of Pinellas County. The appellate court dismissed the petition because Wittcop failed to exhaust his adequate remedy of filing a motion in the sentencing court unde
• Brooks v. Anderson
  317 F.2d 179· D.C. Cir.· 1963-04-04 ·cited 4×
  The court held that the record was inadequate for review because the respondent failed to file a return to the writ of habeas corpus.
• Smith v. Anderson
  317 F.2d 172· D.C. Cir.· 1963-04-04 ·cited 4×
  A petition for a writ of habeas corpus cannot be summarily denied without requiring a return and holding a hearing.
• Sires v. The State OF Wash.
  314 F.2d 883· 9th Cir.· 1963-03-13 ·cited 4×
  The court held that a district court cannot entertain an application for an injunction where there is no underlying cause of action over which it has primary jurisdiction.
• Sires v. Cole
  314 F.2d 340· 9th Cir.· 1963-02-18 ·cited 4×
  The court held that the lower court correctly determined the action was frivolous and should not be pursued at public expense.
• Griffith v. State of Fla. on the relation of William D. Crownover
  152 So. 2d 818· Fla. 2d DCA· 1963-02-08 ·cited 4×
  In this habeas corpus appeal, the State challenged a lower court's vacation of Crownover's life sentence, arguing the notice of appeal was timely filed under section 79.11, F.S.A., which permits a stay of the appeal period pending a motion for permission to appeal from habeas cor
• Kelly v. State of Fla. ex rel. Frank Larry Rosenthal
  149 So. 2d 85· Fla. 3d DCA· 1963-01-29 ·cited 4×
  This case addresses the sufficiency of an extradition (rendition) warrant issued by the Governor of Florida. The court held that a rendition warrant must either recite the substance of jurisdictional facts authorizing its issuance or have annexed documents from the demanding stat
• Peterson v. Louie L. Wainwright
  145 So. 2d 857· Fla.· 1962-10-24 ·cited 4×
  Peterson sought habeas corpus release from prison, challenging the validity of his conviction judgment. The Florida Supreme Court found the judgment ambiguous because it convicted him of "breaking and entering," a non-statutory offense, when he had pled guilty to the statutory cr
• Smith v. Hand
  305 F.2d 373· 10th Cir.· 1962-06-27 ·cited 4×
  The court held that the information was adequate and alleged trial errors did not rise to the level of fundamental constitutional violations reviewable by habeas corpus.
• Pannell v. Cunningham
  302 F.2d 633· 4th Cir.· 1962-04-28 ·cited 4×
  The court held that the petitioner was not denied effective assistance of counsel and that the state court's findings on jurisdiction and sanity were adequately supported.
• Hunt v. United States
  301 F.2d 663· 4th Cir.· 1962-03-28 ·cited 4×
  The court held that the District Court in Virginia lacked jurisdiction to grant the writ of habeas corpus because all of the petitioner's contentions could have been raised under 28 U.S.C.A. § 2255.
• Rivenburgh v. State OF Utah
  299 F.2d 842· 10th Cir.· 1962-02-01 ·cited 4×
  The court held that the petition for a writ of coram nobis did not present a federal claim cognizable in federal court and dismissed the appeal.
• Barnes B. Peckinpaugh v. Settle
  296 F.2d 653· 8th Cir.· 1961-12-14 ·cited 4×
  The court held that the trial court did not err in denying leave to file petitions for habeas corpus and mandamus, and that the appeal is frivolous.
• State of Fla. ex rel. Arthur Cotterill v. Bessenger
  133 So. 2d 409· Fla.· 1961-10-04 ·cited 4×
  The court held that the state act regulating nudist colonies based on a narrow population range is unconstitutional because it lacks a reasonable relationship between the classification and the subject matter, and it failed to comply with constitutional prerequisites for special
• Clemmer v. Alexander
  295 F.2d 176· D.C. Cir.· 1961-09-28 ·cited 4×
  The Indigent Prisoners' Act applies to prisoners sentenced by the Municipal Court of the District of Columbia for violating a law enacted by Congress, even if that law is local in nature.
• Carroll Bennett Robinson v. Cochran
  133 So. 2d 310· Fla.· 1961-09-27 ·cited 4×
  The court held that the judgment and sentence were void because the petitioner was arraigned and pleaded guilty to a different charge than that stated in the information, requiring a remand for proper proceedings.
• United States ex rel. Thomas G. Daniel v. Wilkins
  292 F.2d 348· 2d Cir.· 1961-07-03 ·cited 4×
  The court held that the duration of detention and interrogation alone was insufficient to establish coercion as a matter of law, and thus the admissions were voluntary.
• Willis v. Cochran
  131 So. 2d 728· Fla.· 1961-06-28 ·cited 4×
  Ronald Lee Willis, a 19-year-old prisoner, petitioned for habeas corpus challenging his conviction for escape and larceny, claiming the state failed to comply with Florida's statutory requirement to notify his parents of the charges because his minor status was not properly estab