Habeas Corpus

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

• In re Abramson
  196 F.2d 261· 3d Cir.· 1952-05-01 ·cited 4×
  The court held that an induction order is not legally 'mailed' if it is not properly addressed, and a registrant's right to reclassification based on pregnancy is preserved if proof is filed before the board properly mails the order.
• Sohaiby v. Savoretti
  195 F.2d 139· 5th Cir.· 1952-03-22 ·cited 4×
  The court held that while the appellant presented a strong humanitarian case, the undisputed facts provided a legal basis for her exclusion under immigration law, and thus, no legal relief could be granted.
• Maktos v. Matthews
  194 F.2d 354· D.C. Cir.· 1952-01-31 ·cited 4×
  The court held that the appellants were legally held for extradition because they failed to prove they were not fugitives from North Carolina.
• United States Ex rel. Kwong Hai Chew v. Colding
  192 F.2d 1009· 2d Cir.· 1951-12-04 ·cited 4×
  A resident alien seeking readmission is subject to the same exclusion provisions as a first-time entrant, and exclusion orders are not stayed by pending naturalization petitions.
• Facchine v. Hunter
  190 F.2d 200· 10th Cir.· 1951-06-19 ·cited 4×
  The court held that the prison Good Time board had the authority to forfeit statutory and earned good time for falsifying payroll records, even if the conduct also constituted a crime.
• Swope v. Mugavero
  188 F.2d 601· 9th Cir.· 1951-04-19 ·cited 4×
  The court held that the sentences imposed for stealing from separate trucks constituted distinct offenses, thus not violating double jeopardy principles.
• Soulia v. O'Brien
  188 F.2d 233· 1st Cir.· 1951-04-09 ·cited 4×
  The court held that the district court's finding that the state's ballistics expert did not commit perjury was warranted, thus the habeas petition's main claim failed.
• Willis v. Utecht
  185 F.2d 210· 8th Cir.· 1950-11-06 ·cited 4×
  The court held that applicants had not exhausted their state remedies because they failed to follow the proper procedural steps for seeking a writ of habeas corpus in Minnesota courts.
• Nash v. MacARTHUR
  184 F.2d 606· D.C. Cir.· 1950-07-31 ·cited 4×
  The court held that non-citizens, including enemy aliens convicted by military commissions, cannot prosecute appeals in forma pauperis under 28 U.S.C. § 1915.
• Goldstein v. Johnson
  184 F.2d 342· D.C. Cir.· 1950-07-03 ·cited 4×
  The District Court correctly determined it lacked jurisdiction to review the court-martial proceedings because the appellant was not in confinement.
• Cooper v. Cranor
  182 F.2d 256· 9th Cir.· 1950-05-08 ·cited 4×
  The court held that the applicant failed to exhaust his state remedies by not seeking certiorari to the U.S. Supreme Court after his state habeas petition was denied.
• Wilson v. Hunter
  180 F.2d 456· 10th Cir.· 1950-02-21 ·cited 4×
  The court held that the aggregate of sentences for good time calculation is the total time a prisoner is required to serve, not the sum of all sentences if some run concurrently.
• Tucker v. Howard
  177 F.2d 494· 7th Cir.· 1949-10-26 ·cited 4×
  The court held that the district court erred by failing to make specific findings of fact and conclusions of law when denying petitions for writs of habeas corpus, especially given the contradictory testimony.
• Kaminer v. Clark
  177 F.2d 51· D.C. Cir.· 1949-07-11 ·cited 4×
  The District Court properly dismissed the action for lack of jurisdiction because a declaratory judgment action cannot substitute for habeas corpus to confer jurisdiction on a district other than where the applicant is confined.
• Miller v. Hudspeth
  176 F.2d 111· 10th Cir.· 1949-07-05 ·cited 4×
  The court held that the District Court had jurisdiction to entertain the habeas corpus petition and did not abuse its discretion in considering the case on its merits, finding no constitutional violation.
• United States ex rel. Hoehn v. Shaughnessy
  175 F.2d 116· 2d Cir.· 1949-06-07 ·cited 4×
  The court held that the alien's removal order was valid and that the stipulation did not prevent administrative action following judicial determination.
• Commack v. Bush
  175 F.2d 128· 6th Cir.· 1949-06-02 ·cited 4×
  The court held that the appellant failed to exhaust state remedies and his petition for habeas corpus did not state a cause of action.
• Flick v. Johnson
  174 F.2d 983· D.C. Cir.· 1949-05-11 ·cited 4×
  The court held that the tribunal that tried and sentenced the petitioner was not a tribunal of the United States, and therefore the District Court lacked the power to review its judgment.
• Gault v. Burford
  173 F.2d 813· 10th Cir.· 1949-03-28 ·cited 4×
  The trial court's judgment, based on according weight to the state court's due process adjudication, is affirmed.
• Young v. Matthews
  174 F.2d 35· D.C. Cir.· 1949-03-07 ·cited 4×
  The court held that the evidence presented clearly and satisfactorily showed the appellant was not in the demanding state at the time of the murder, thus he could not be a fugitive from justice.
• United States ex rel. Adams v. Ragen
  172 F.2d 693· 7th Cir.· 1949-02-17 ·cited 4×
  The court held that a petitioner's voluntary and intelligent guilty plea, even without counsel of choice, does not violate due process under the Fourteenth Amendment, and that the trial court's refusal to grant a continuance was not error given competent representation.
• United States ex rel. Russo v. Thompson
  172 F.2d 325· 2d Cir.· 1949-02-04 ·cited 4×
  The court held that the relator's various contentions regarding his detention and exclusion proceedings lacked merit, and the dismissal orders were affirmed.
• Brown v. Hunter
  172 F.2d 487· 10th Cir.· 1949-01-26 ·cited 4×
  The court held that a recommendation for clemency, made after sentencing, does not invalidate the sentence or show a lack of required concurrence for the original sentence.
• United States ex rel. United States Lines v. Watkins
  170 F.2d 998· 2d Cir.· 1948-12-03 ·cited 4×
  The court held that the inspector's action in detaining the seaman for deportation was arbitrary and capricious, lacking sufficient basis in the seaman's actual conduct and intent.
• Lee v. Tucker
  160 Fla. 962· Fla.· 1948-11-23 ·cited 4×
  The court held that the criminal information was insufficient because it failed to allege a direct criminal connection or communication between the petitioner and the person who actually committed the arson.
• Houvardas v. Wixon
  169 F.2d 980· 9th Cir.· 1948-09-28 ·cited 4×
  The court held that an alien ordered deported under the Act of February 5, 1917, is deportable immediately upon release from confinement, even if parole is granted, and the availability of a future pardon does not preclude deportation.
• Mart v. Lainson
  169 F.2d 1016· 8th Cir.· 1948-09-27 ·cited 4×
  Federal courts will not ordinarily re-examine questions adjudicated on the merits by state courts, even after exhaustion of state remedies, unless exceptional circumstances of peculiar urgency are shown.
• Askins v. Overholser
  170 F.2d 815· D.C. Cir.· 1948-05-24 ·cited 4×
  The court held that the appellant's motion for reconsideration and leave to proceed in forma pauperis should be denied because the District Court's certification that the appeal was not taken in good faith was warranted, and this court cannot settle the record.
• United States ex rel. Forino v. Garfinkel
  166 F.2d 887· 3d Cir.· 1948-03-04 ·cited 4×
  The court held that the alien was not entitled to the status of a legislative pardon because the statute providing for such pardons was repealed before he completed his sentence, and the repeal did not constitute an ex post facto law.
• United States ex rel. Thompson v. Nierstheimer
  166 F.2d 87· 7th Cir.· 1948-02-19 ·cited 4×
  The court held that a one-day trial in a capital case, while expeditious, does not inherently deny due process if the defendant is represented by counsel of choice and afforded a fair trial. The court affirmed the denial of the habeas corpus petition.
• State v. Sullivan
  160 Fla. 115· Fla.· 1948-02-03 ·cited 4×
  Robert James Carroll petitioned for habeas corpus challenging his commitment for civil contempt for non-payment of alimony, arguing the commitment order was vague and violated due process. The Florida Supreme Court held that contempt orders in family matters could be reviewed by
• Elwood v. Smith
  164 F.2d 449· 9th Cir.· 1947-12-01 ·cited 4×
  The court held that the petitioner's claims regarding illegal search and seizure and the admission of involuntary statements were matters for state courts to resolve and did not violate federal rights.
• Gann v. Pescor
  164 F.2d 113· 8th Cir.· 1947-11-18 ·cited 4×
  A prisoner is not deprived of liberty without due process if counsel is appointed after arraignment and plea, provided counsel has adequate time to protect the prisoner's rights before sentencing.
• Appel v. Overholser
  164 F.2d 511· D.C. Cir.· 1947-11-10 ·cited 4×
  The trial court was not required to submit the question of petitioner's mental condition to the Commission on Mental Health before decision.
• United States ex rel. Flakowicz v. Alexander
  164 F.2d 139· 2d Cir.· 1947-11-06 ·cited 4×
  The court held that the relator had not exhausted his administrative remedies by refusing to report for induction, making the Falbo rule applicable in his criminal trial.
• United States ex rel. Monsky v. Warden of Clinton State Prison
  163 F.2d 978· 2d Cir.· 1947-11-03 ·cited 4×
  The court held that federal courts will not ordinarily reexamine questions already adjudicated by state courts if the Supreme Court has reviewed or declined to review the state court's decision, absent exceptional circumstances.
• Warner v. Pescor
  163 F.2d 670· 8th Cir.· 1947-10-03 ·cited 4×
  The court held that the appellant's argument that his nine-year sentence should be construed as three years was unsound, and his habeas corpus petition was properly dismissed.
• Bonham v. Bouiss
  161 F.2d 678· 9th Cir.· 1947-05-07 ·cited 4×
  An alien spouse ineligible for citizenship due to race is not admissible under Public Law 271, even if married to a U.S. citizen service member, if she is not otherwise admissible under existing immigration laws.
• Campbell v. Mayo
  158 F.2d 960· 5th Cir.· 1947-01-21 ·cited 4×
  The court held that a certificate of probable cause is a jurisdictional prerequisite for an appeal in a habeas corpus proceeding involving state court process.
• United States ex rel. Ross v. Nierstheimier
  159 F.2d 994· 7th Cir.· 1947-01-17 ·cited 4×
  A petitioner must exhaust state remedies, including seeking certiorari from the U.S. Supreme Court, before a federal court can grant habeas corpus relief.
• United States ex rel. Steinvorth v. Watkins
  159 F.2d 50· 2d Cir.· 1947-01-15 ·cited 4×
  The court held that the appellant was not an enemy alien subject to internment under the statute because he was not a citizen or subject of Germany at the time of his internment.
• United States ex rel. Knauer v. Jordan
  158 F.2d 337· 7th Cir.· 1946-11-30 ·cited 4×
  A petitioner cannot collaterally attack a prior denaturalization judgment, and fraudulent acquisition of citizenship and lack of attachment to U.S. principles preclude an alien from asserting rights to remain in the United States.
• Ex parte Jordan
  158 F.2d 401· D.C. Cir.· 1946-11-12 ·cited 4×
  A trial court has the discretion to deny a second petition for a writ of habeas corpus if it is based on the same allegations as a prior petition and presents no new evidence of a changed mental state.
• Skaug v. Sheehy
  157 F.2d 714· 9th Cir.· 1946-10-25 ·cited 4×
  The court held that the interpretation of a state statute is a state question, and federal courts will not intervene on due process or equal protection grounds if the state had the power to enact the statute as construed.
• Johnston v. McDONALD
  157 F.2d 275· 9th Cir.· 1946-08-30 ·cited 4×
  The court held that the petition for a writ of habeas corpus should have been denied because the attached depositions showed that the petitioner was not denied the assistance of counsel.
• Lawrence v. Yost
  157 F.2d 44· 9th Cir.· 1946-06-27 ·cited 4×
• In re Territo
  156 F.2d 142· 9th Cir.· 1946-06-08 ·cited 4×
  A person captured on the field of battle while serving in the enemy army is legally held as a prisoner of war, regardless of their citizenship, and joining a labor unit does not alter this status.
• Detrich v. Howard
  155 F.2d 307· 7th Cir.· 1946-05-21 ·cited 4×
  The court held that the Indiana Supreme Court's interpretation of state law, finding the sentences valid, was binding and precluded federal habeas corpus relief.
• United States ex rel. McCARTHY v. Ragen
  153 F.2d 609· 7th Cir.· 1946-02-20 ·cited 4×
  A federal court lacks jurisdiction to hear a habeas corpus petition if the petitioner has not exhausted all available state court remedies.
• United States ex rel. Karpathiou v. Jordan
  153 F.2d 810· 7th Cir.· 1946-02-18 ·cited 4×
  The court held that the prior decision denying habeas corpus relief was controlling, and the district court properly dismissed the current petition.