Habeas Corpus

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

• Darnell v. Chesley H. Looney
  239 F.2d 174· 10th Cir.· 1956-11-30 ·cited 4×
  A prisoner cannot be discharged if consecutive sentences have not been fully served in their numerical order.
• Halldora Kristin Sigurdson v. del Guercio
  241 F.2d 480· 9th Cir.· 1956-11-12 ·cited 4×
• Madsen v. Hinshaw
  237 F.2d 370· 9th Cir.· 1956-10-12 ·cited 4×
  The court held that the prisoner must first seek relief under Section 2255 before filing a habeas corpus petition, unless the Section 2255 remedy is inadequate or ineffective. The court also affirmed that Section 2255 applies to federal courts in Alaska.
• State of Fla. & Rex Sweat v. Bennett
  90 So. 2d 43· Fla.· 1956-09-21 ·cited 4×
  The Florida Supreme Court reversed a lower court's grant of habeas corpus, holding that Florida's Uniform Enforcement of Support Act (F.S. Sec. 88.061) validly permits extradition for nonsupport crimes even when the accused was not present in the demanding state at the time of th
• Strand v. Schmittroth
  235 F.2d 756· 9th Cir.· 1956-08-02 ·cited 4×
  This opinion is a dissent arguing for a rehearing en banc, not a holding on the merits of the underlying case.
• United States ex rel. Angelo Frank Bruno v. Sweet
  235 F.2d 801· 8th Cir.· 1956-07-17 ·cited 4×
  The court held that the petitioner's conviction for a narcotics offense was a sufficient basis for deportation and that the denial of discretionary relief did not constitute an abuse of discretion.
• Colepaugh v. Chesley H. Looney
  235 F.2d 429· 10th Cir.· 1956-07-13 ·cited 4×
  The court held that the military commission had jurisdiction to try the petitioner for violations of the law of war, and that the petitioner was not denied constitutional rights.
• Rupp v. Harley O. Teets
  235 F.2d 674· 9th Cir.· 1956-06-18 ·cited 4×
  A state court's erroneous ruling on state law, even if it affects the admissibility of evidence, does not constitute a denial of federal due process unless it is fundamentally unfair or arbitrary.
• Rabang v. Boyd
  234 F.2d 904· 9th Cir.· 1956-06-14 ·cited 4×
  Filipino nationals who entered the U.S. as such are considered aliens for deportation purposes, and their deportation is not contingent on their initial entry status.
• United States ex rel. Nelson Rhyce v. Cummings
  233 F.2d 190· 2d Cir.· 1956-05-07 ·cited 4×
  The court held that due process did not require the assignment of counsel to a competent defendant who knowingly and voluntarily waived that right, even in light of his history of mental illness.
• Osborn v. Swope
  230 F.2d 395· 9th Cir.· 1956-02-10 ·cited 4×
  The court held that a petitioner seeking habeas corpus must exhaust available remedies before federal courts will intervene.
• United States ex rel. Silvio Dario Durante v. Holton
  228 F.2d 827· 7th Cir.· 1956-01-11 ·cited 4×
  The court held that neither an alleged promise of probation from an unknown individual nor the failure of a sentencing judge to warn of potential deportation deprived the petitioner of due process under the Fourteenth Amendment.
• Rowoldt v. Perfetto
  228 F.2d 109· 8th Cir.· 1955-12-22 ·cited 4×
  The court held that the evidence was sufficient to sustain the finding that the alien was a member of the Communist Party, and the District Court did not err in denying the petition for a writ of habeas corpus.
• Fletes-Mora v. Brownell
  231 F.2d 579· 9th Cir.· 1955-12-09 ·cited 4×
  The court held that the district court lacked jurisdiction over the subject matter and the person of the Attorney General, and the petition failed to state a claim upon which relief could be granted.
• State of Fla. ex rel. Charles B. Sparks v. Mrs. A. E. Reeves
  81 So. 2d 754· Fla.· 1955-07-27 ·cited 4×
  The Florida Supreme Court affirmed a lower court's decision to deny a father's petition to regain custody of his two young children from their maternal grandmother. The court found the father had not sufficiently demonstrated his parental interest and that the children's best int
• Lipscomb v. Madigan
  224 F.2d 410· 9th Cir.· 1955-06-27 ·cited 4×
  The court held that the district court correctly denied the habeas corpus petition because the judgment clearly stated the intent for consecutive sentences.
• Berry F. Finch v. Mayo
  79 So. 2d 770· Fla.· 1955-04-27 ·cited 4×
  Petitioner Berry Finch sought habeas corpus relief from his 10-year consecutive sentence (two 5-year terms) for narcotic violations. The Florida Supreme Court held that because Finch had escaped from prison and lost gain-time credits, his first sentence had not yet expired, makin
• Gessler v. Gessler
  78 So. 2d 722· Fla.· 1955-03-02 ·cited 4×
  A Florida court lacked jurisdiction to hear a custody dispute where the father unilaterally removed minor children to Florida and filed suit against the non-resident mother who remained in Pennsylvania. The Florida Supreme Court held that when custody of minor children is at issu
• Bowman v. Alvis
  229 F.2d 730· 6th Cir.· 1955-02-04 ·cited 4×
  The court held that Ohio's Supreme Court Rules do not provide an adequate remedy for indigent prisoners to appeal, thus granting a certificate of probable cause for a federal habeas corpus appeal.
• Demus Butler v. Looney
  219 F.2d 146· 10th Cir.· 1955-02-03 ·cited 4×
  The court held that a habeas corpus petition is not an appropriate remedy when a motion under 28 U.S.C.A. § 2255 is available and adequate.
• Cohen v. Mayo
  77 So. 2d 787· Fla.· 1955-02-01 ·cited 4×
  The Florida Supreme Court considered a habeas corpus petition challenging a habitual criminal charge due to an insufficient information. The court found the information defective and remanded the petitioner to the trial court for further proceedings.
• United States v. Shaughnessy
  219 F.2d 249· 2d Cir.· 1955-01-31 ·cited 4×
  The court held that the administrative finding of a prior conviction for a crime involving moral turpitude was based on reasonable, substantial, and probative evidence, affirming the dismissal of the habeas corpus writ.
• Henley v. Moore
  218 F.2d 589· 5th Cir.· 1955-01-18 ·cited 4×
  The court held that the petitioner should have an opportunity to develop a record to determine and review his rights.
• United States ex rel. Joseph Accardi v. Shaughnessy
  219 F.2d 77· 2d Cir.· 1955-01-07 ·cited 4×
  The court held that the Board of Immigration Appeals was unconsciously influenced by the Attorney General's list, rendering their decision to deny discretionary relief invalid.
• Johnson v. Mayo
  75 So. 2d 287· Fla.· 1954-10-26 ·cited 4×
  Johnson seeks habeas corpus relief from a life sentence imposed as a fourth-time felon. The Florida Supreme Court holds that the information charging him as a fourth offender is legally insufficient because it fails to allege the dates of the crimes and does not establish that ea
• Wolf v. Boyd
  215 F.2d 377· 9th Cir.· 1954-08-10 ·cited 4×
  Past membership in the Communist Party, coupled with the Party's advocacy of overthrowing the government by force and violence, is a sufficient ground for deportation under the relevant statute.
• Blackburn v. Jackson
  74 So. 2d 80· Fla.· 1954-07-30 ·cited 4×
  The Florida Supreme Court held that a circuit court lacks jurisdiction to grant bail to a parolee held under a parole violation warrant issued by the Parole Commission, absent a showing that the Commission abused its discretion. The decision clarifies the exclusive authority of t
• Talbott v. United States ex rel. Toth
  215 F.2d 22· D.C. Cir.· 1954-03-25 ·cited 4×
  A civilian can be subject to court-martial for offenses committed while in military service, even after discharge, and is not entitled to a preliminary hearing before removal for trial.
• Geach v. Olsen
  211 F.2d 682· 7th Cir.· 1954-03-23 ·cited 4×
  The court held that the plaintiff's complaint was properly dismissed because the alleged denial of his right to file a habeas corpus petition did not state a claim upon which relief could be granted, as the petition itself showed no entitlement to the writ and no actual damages w
• United States ex rel. Tsermegas v. Neelly
  210 F.2d 876· 7th Cir.· 1954-03-15 ·cited 4×
  The court held that the petitioner had not exhausted administrative remedies and therefore had no standing to appeal the denial of a writ of habeas corpus.
• Nelson v. Looney
  211 F.2d 89· 10th Cir.· 1954-03-13 ·cited 4×
  The court held that a habeas corpus petition is not available when the petitioner is held under a sentence that has not been fully served, especially when a statutory remedy like 28 U.S.C.A. § 2255 exists and has been utilized.
• Normandale v. Hiatt
  210 F.2d 941· 5th Cir.· 1954-03-12 ·cited 4×
  The court held that the Parole Board alone determines when a sentence for a conditional release violation begins, and the actions of the marshal and penitentiary staff did not alter this.
• Pino v. Nicolls
  211 F.2d 393· 1st Cir.· 1954-03-11 ·cited 4×
  The court held that it would not grant an independent order admitting the alien to bail pending appeal, as no special reasons were shown, and the district court's denial of bail was an issue for final appeal, not interlocutory motion.
• Quattrone v. Nicolls
  210 F.2d 513· 1st Cir.· 1954-02-19 ·cited 4×
  The court held that the appellant was not deprived of due process and that the application of the Internal Security Act of 1950 was constitutional in his deportation proceedings.
• Easterlin v. Mayo
  69 So. 2d 181· Fla.· 1953-12-18 ·cited 4×
  The Florida Supreme Court held that 'gain time' earned by a prisoner through good behavior does not reduce the length of parole supervision or diminish the parole commission's authority to revoke parole. The court rejected a petitioner's argument that calculating good-behavior cr
• Winhoven v. United States
  209 F.2d 417· 9th Cir.· 1953-12-07 ·cited 4×
  The court held that a prisoner who consciously chose not to appeal a prior judgment, despite knowing he had grounds for appeal, cannot later attack that judgment via a Rule 60(b) motion.
• United States ex rel. Leyra v. Denno
  208 F.2d 605· 2d Cir.· 1953-11-24 ·cited 4×
  The dissenting judge believes the State failed to prove that promises of leniency did not continue to affect the defendant's later confessions, thus violating due process.
• Shung v. Brownell
  207 F.2d 132· D.C. Cir.· 1953-07-02 ·cited 4×
  The court affirmed the denial of judicial review for an alien seeking entry, finding the administrative proceedings fair and the evidence sufficient.
• United States Ex rel. Alvarez Y Flores v. Savoretti
  205 F.2d 544· 5th Cir.· 1953-06-26 ·cited 4×
  The court held that the appellant's admission of perjury, made after being fully advised of its nature and consequences, was sufficient grounds for exclusion from the United States under the relevant statute.
• Baker v. Ellis
  204 F.2d 353· 5th Cir.· 1953-05-15 ·cited 4×
  The court held that formal court records showing a defendant appeared with counsel are controlling in a collateral attack, and a discrepancy in the appointed counsel's name does not warrant release.
• Gonzalez-Martinez v. Landon
  203 F.2d 196· 9th Cir.· 1953-03-31 ·cited 4×
  The Attorney General had no discretionary power to suspend deportation for an alien deportable for a crime involving moral turpitude.
• Dunbar v. Cranor
  202 F.2d 949· 9th Cir.· 1953-03-23 ·cited 4×
  The court held that the petition for a writ of habeas corpus did not state sufficient facts to entitle the petitioner to relief, and denied the certificate of probable cause.
• United States ex rel. McLEOD v. Garfinkel
  202 F.2d 392· 3d Cir.· 1953-03-04 ·cited 4×
  The court held that the district court erred by relying on evidence not presented in the habeas corpus proceeding, including an ex parte return and testimony from a prior proceeding.
• In re Rice
  62 So. 2d 911· Fla.· 1953-01-30 ·cited 4×
  A Florida newspaper publisher challenged his criminal libel prosecution on the grounds that the prosecutor failed to provide the statutory pre-suit notice required by Section 836.07. The Florida Supreme Court held that written notice is a condition precedent to criminal libel pro
• United States ex rel. MacBLAIN v. Burke
  200 F.2d 616· 3d Cir.· 1952-12-16 ·cited 4×
  The court held that the petitioner's claims regarding denial of parole opportunity and illegal sentence aggregation are not grounds for habeas corpus relief because he had available state remedies and his parole violation would result in serving the same sentence.
• Baumhoff v. United States
  200 F.2d 769· 10th Cir.· 1952-11-25 ·cited 4×
  A prisoner on parole is not entitled to good time credit for the period spent on parole.
• Porch v. Cagle
  199 F.2d 865· 5th Cir.· 1952-11-06 ·cited 4×
  The court held that a federal court cannot grant habeas corpus relief unless state remedies have been exhausted, and the petitioner failed to demonstrate such exhaustion.
• Booth v. United States
  198 F.2d 991· 9th Cir.· 1952-08-21 ·cited 4×
  The court held that the district court lacked jurisdiction to issue an order to show cause against the U.S. Marshal, but the denial of the habeas corpus application is sustained because the petitioner is lawfully held under a valid state sentence.
• Weldgen v. Weldgen
  62 So. 2d 420· Fla.· 1952-07-15 ·cited 4×
• Lyle v. Eidson
  197 F.2d 327· 8th Cir.· 1952-06-18 ·cited 4×
  The court held that an appeal from a denial of state prisoner habeas corpus relief is not reviewable without a certificate of probable cause.