Habeas Corpus

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

• United States v. Hazzell Graham
  289 F.2d 352· 7th Cir.· 1961-04-20 ·cited 4×
  The court held that the appellant's right to a speedy trial was not violated by the delays, which were largely occasioned by his own actions and motions.
• Vera v. United States
  288 F.2d 25· 8th Cir.· 1961-03-16 ·cited 4×
  The court held that the statute barring parole for certain drug offenders applies even to first-time offenders, and denial of parole is not cruel and unusual punishment.
• Brockman v. Cochran
  127 So. 2d 443· Fla.· 1961-03-01 ·cited 4×
  The court held that actual notice to the mother of the juvenile's charges obviated the need for statutory notice, thus the habeas corpus writ was improperly issued.
• McGUIRK v. Cochran
  126 So. 2d 555· Fla.· 1961-02-03 ·cited 4×
  The court held that the parent's alleged knowledge of incarceration was insufficient to satisfy statutory notice requirements for a minor's sentencing.
• Alcorn v. Gladden
  286 F.2d 689· 9th Cir.· 1961-02-01 ·cited 4×
  The court held that a prior, invalid state coram nobis proceeding does not preclude a federal habeas corpus petition if the petitioner has not yet pursued a valid state post-conviction remedy.
• Wolf v. Boyd
  287 F.2d 520· 9th Cir.· 1961-02-01 ·cited 4×
  The court held that the appellant's challenge to deportation to a country with no ties raises a substantial constitutional question, requiring a three-judge court.
• Early v. Tinsley
  286 F.2d 1· 10th Cir.· 1960-11-17 ·cited 4×
  The court held that pre-arraignment psychiatric examinations, even if not strictly following state statute, did not deny due process or constitute self-incrimination when conducted without coercion and with voluntary statements.
• Brown v. Taylor
  283 F.2d 670· 10th Cir.· 1960-10-08 ·cited 4×
  The court held that even if the sentence was interpreted as 15 years on Count 1 and 5 years on Count 2, the appellant is lawfully confined under the 15-year sentence for Count 1.
• Anderson v. Jones
  281 F.2d 684· 6th Cir.· 1960-07-29 ·cited 4×
  The Court of Appeals denied the certificate of probable cause and dismissed the appeal because the appellant had not exhausted his state remedies.
• State ex rel. Gordon v. Sumrall
  122 So. 2d 609· Fla.· 1960-07-27 ·cited 4×
  Petitioner Sumrall sought habeas corpus relief challenging three aspects of his Dade County convictions: defective sentencing structure, denial of counsel, and unlawful search and seizure. The Florida Supreme Court denied relief, finding that the sentences were properly structure
• Billie (William) Jones v. Cochran
  121 So. 2d 657· Fla.· 1960-06-22 ·cited 4×
  The court held that the trial court's failure to determine the petitioner's capacity to represent himself, given his age and education, raised due process concerns, and that the juvenile court's potential jurisdiction also warranted further inquiry.
• Coy Litchfield v. Tinsley
  281 F.2d 486· 10th Cir.· 1960-06-16 ·cited 4×
  The federal court denied habeas corpus because the prisoner failed to exhaust state remedies by not timely seeking a writ of error for his conviction.
• Helms v. Beryle C. Sacks
  278 F.2d 687· 6th Cir.· 1960-05-20 ·cited 4×
  The court held that the petitioner's claims did not present probable cause for a constitutional violation, and therefore, a certificate of probable cause would not be issued.
• van Etten v. Cochran
  120 So. 2d 587· Fla.· 1960-05-18 ·cited 4×
  The Florida Supreme Court granted a writ of habeas corpus, finding that a sentence imposed for breaking and entering with intent to commit a misdemeanor was excessive. The court ordered the petitioner to be returned to the lower court for resentencing.
• Linden v. Dickson
  278 F.2d 755· 9th Cir.· 1960-03-24 ·cited 4×
  A district court may deny a habeas corpus petition without a hearing or reviewing the trial transcript if the petition lacks specific factual allegations and the state court's opinion, considered alongside the petition, demonstrates fair consideration of the claims.
• Earnest Frank Brown, Sr. v. Ward
  275 F.2d 884· D.C. Cir.· 1960-02-25 ·cited 4×
  The court held that the district court did not err in denying the petition for habeas corpus in an extradition case.
• Caryl Chessman v. Dickson
  275 F.2d 604· 9th Cir.· 1960-02-08 ·cited 4×
  The court held that the petitioner had not presented substantial federal questions warranting a certificate of probable cause for appeal, and therefore denied the application for a stay of execution.
• Fullen v. State OF Wyo.
  274 F.2d 840· 10th Cir.· 1960-01-26 ·cited 4×
  The court held that a factual dispute regarding coercion vitiates a summary denial of a habeas corpus petition.
• Boggs v. Raines
  273 F.2d 636· 10th Cir.· 1959-12-23 ·cited 4×
  The court held that the appellant's second conviction for burglary, after the first conviction was set aside, did not constitute double jeopardy.
• United States ex rel. Roy Helwig v. Maroney
  271 F.2d 329· 3d Cir.· 1959-10-29 ·cited 4×
  The court held that the district court did not err in denying the writ of habeas corpus, as the appellant failed to prove his claims of a frame-up, prosecutorial misconduct, or a sham hearing.
• Tickle v. Summers
  270 F.2d 848· 4th Cir.· 1959-10-05 ·cited 4×
  The court held that a petitioner seeking habeas corpus to avoid extradition must exhaust available state remedies, even in the asylum state, unless extraordinary circumstances exist.
• United States v. Brest
  266 F.2d 879· 3d Cir.· 1959-05-27 ·cited 4×
  The court held that the appellant's contentions did not entitle him to relief under 28 U.S.C. § 2255, as most involved trial errors not cognizable in such a motion.
• NG YIP YEE v. Barber
  267 F.2d 206· 9th Cir.· 1959-02-26 ·cited 4×
  The Court held that the Special Hearing Officer properly reappraised existing evidence under the ordinary burden of proof as directed, and the District Court correctly affirmed the administrative proceedings.
• Puleo v. State
  109 So. 2d 39· Fla. 2d DCA· 1959-02-06 ·cited 4×
  Sam Puleo was convicted of contempt of court by a criminal court of record and sentenced to six months in jail. The circuit court dismissed his appeal on jurisdictional grounds, and Puleo petitioned for certiorari to the district court of appeal. The court held that appellate jur
• Mattison v. State of Fla. ex rel. Edith Eaton Lowe
  107 So. 2d 747· Fla. 2d DCA· 1958-12-19 ·cited 4×
  In this habeas corpus custody case, the Florida District Court of Appeal affirmed the trial court's award of custody of a minor granddaughter to her maternal grandmother, Edith Eaton Lowe, over the objections of the child's mother Caroline L. Mattison and stepfather Leland F. Mat
• Carpenter v. Sain
  263 F.2d 330· 7th Cir.· 1958-12-17 ·cited 4×
  The court denied the petition for a certificate of probable cause, finding no basis for an appeal.
• LEE v. Smyth
  262 F.2d 53· 4th Cir.· 1958-12-11 ·cited 4×
  The court held that a federal court need not reconsider a state prisoner's habeas corpus application if the highest state court has already ruled on the same issues, and that the Fourteenth Amendment does not require counsel in state criminal trials absent exceptional circumstanc
• Stuart v. Bomar
  261 F.2d 274· 6th Cir.· 1958-11-13 ·cited 4×
  The Court of Appeals denied the petitioner's motions and application for a certificate of probable cause, finding it lacks authority to grant an appeal from a District Court final judgment.
• State v. Ingalls
  106 So. 2d 570· Fla. 2d DCA· 1958-10-29 ·cited 4×
  The court reversed a decree quieting title in favor of a grantee (McPherson) who derived title from a deed recorded after a judgment creditor's execution sale, finding the judgment creditor had superior title due to the timing of the judgment and execution relative to the deed's
• United States ex rel. Jack Randolph v. Dowd
  259 F.2d 761· 7th Cir.· 1958-10-10 ·cited 4×
• Ahmet Haci Memishoglu v. Sahli
  258 F.2d 350· 6th Cir.· 1958-08-13 ·cited 4×
  The court held that the appellant was correctly determined to be ineligible for citizenship due to his application for relief from military service, thus rendering him ineligible for suspension of deportation.
• Jones v. Rhay
  254 F.2d 393· 9th Cir.· 1958-04-14 ·cited 4×
  The court held that the Washington manslaughter statute is not unconstitutional as a delegation of legislative power or a violation of equal protection because the statute clearly defines the offense as a felony.
• Schlette v. King
  258 F.2d 561· 9th Cir.· 1958-04-04 ·cited 4×
  The court held that it would appoint counsel to assist the petitioner in seeking a certificate of probable cause and permission to appeal in forma pauperis.
• Riser v. Harley O. Teets
  253 F.2d 844· 9th Cir.· 1958-03-17 ·cited 4×
  The court held that the denial of eyewitness statements was not a federal due process violation, as the Jencks rule applies only to federal criminal justice administration.
• Hitson v. Mayo
  99 So. 2d 297· Fla.· 1957-12-18 ·cited 4×
  Irvin Hitson petitioned for habeas corpus relief, challenging a five-year sentence for aiding prisoners to escape from jail, claiming it exceeded the statutory maximum. The Florida Supreme Court upheld the sentence, holding that the applicable statute (§ 843.11) provides a ten-ye
• Godwin v. Looney
  250 F.2d 72· 10th Cir.· 1957-11-27 ·cited 4×
  The court held that the petitioner's application for habeas corpus did not allege facts showing entitlement to discharge from custody.
• Smith v. United States
  250 F.2d 842· 5th Cir.· 1957-11-21 ·cited 4×
  The court held that the District Court correctly followed the mandate on remand and that the denial of the defendant's motions was proper.
• LEE v. Madigan
  248 F.2d 783· 9th Cir.· 1957-10-11 ·cited 4×
  A dishonorably discharged military prisoner, serving a sentence, remains subject to military jurisdiction for offenses committed while under that jurisdiction, even if the discharge technically severs some military ties.
• United States ex rel. Edward Sieg v. Ragen
  247 F.2d 638· 7th Cir.· 1957-09-11 ·cited 4×
  The court held that a state prisoner's claim that Illinois waived jurisdiction by transferring him to federal authorities does not present a federal question, and thus federal habeas corpus relief is unavailable.
• United States ex rel. Frank Luzzi v. Banmiller
  248 F.2d 303· 3d Cir.· 1957-09-06 ·cited 4×
  The court held that the district court's denial of the federal habeas corpus petition was soundly supported by the record, particularly regarding the alleged prejudiced juror.
• Gonzalez v. United States
  247 F.2d 489· 1st Cir.· 1957-08-27 ·cited 4×
  The court held that the trial court had the authority to impose consecutive sentences upon resentencing, as the defendant had not yet begun serving the original sentence.
• Matter of the Application of Robert Cameron for an Alternative Writ of Mandamus
  247 F.2d 775· 9th Cir.· 1957-08-06 ·cited 4×
  The court held that a petition for a writ of mandamus, filed after the time for appeal had expired, could not be treated as an appeal from an order denying habeas corpus for want of jurisdiction.
• Tora Upstead Rystad v. Boyd
  246 F.2d 246· 9th Cir.· 1957-06-21 ·cited 4×
• United States ex rel. Earl Louis Goodchild, Jr. v. Burke
  245 F.2d 88· 7th Cir.· 1957-06-11 ·cited 4×
  The court held that the District Court was justified in dismissing the habeas corpus petition without a hearing because the state's highest court had already ruled on the petitioner's claims and the second petition presented no new grounds.
• Pearson v. Gray
  243 F.2d 23· 6th Cir.· 1957-04-24 ·cited 4×
  The federal court denied habeas corpus relief because the petitioner failed to exhaust state remedies and did not demonstrate exceptional circumstances justifying federal intervention.
• Maenza v. United States
  242 F.2d 339· 5th Cir.· 1957-03-21 ·cited 4×
  The court held that the circumstantial evidence presented was insufficient to prove the appellant's intent to avoid prosecution for murder, a necessary element of the unlawful flight charge.
• United States v. Ragen
  241 F.2d 318· 7th Cir.· 1957-02-20 ·cited 4×
  The court held that the District Court's dismissal of the habeas corpus petition was proper because the relator had not yet exhausted state remedies, especially in light of a new Illinois Supreme Court rule providing a mechanism to obtain a transcript.
• Hayman v. United States
  241 F.2d 188· 9th Cir.· 1957-02-08 ·cited 4×
  The court held that the petitioner's claims were frivolous and that the district court's certification of bad faith for an appeal was proper.
• Elbert Riddle v. McLEOD
  240 F.2d 206· 10th Cir.· 1957-01-15 ·cited 4×
  The court held that the petitioner failed to demonstrate grounds for reversal of the denial of his habeas corpus petition.
• United States ex rel. Rosbel DE LA Fuente v. General J. H. Swing
  239 F.2d 759· 5th Cir.· 1956-12-21 ·cited 4×
  The court held that the evidence sustained the immigration authorities' finding of perjury, thus upholding the exclusion order.