Habeas Corpus

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

• United States v. Helwig
  152 F.2d 456· 3d Cir.· 1945-12-06 ·cited 4×
  The court held that it cannot consider matters dehors the record on appeal and that the appellant's proper recourse for alleged due process violations not appearing in the record is a habeas corpus petition in the appropriate district court.
• Newton v. Sanford
  151 F.2d 718· 5th Cir.· 1945-11-06 ·cited 4×
  The court held that parole for induction is discretionary and cannot be compelled by habeas corpus, especially when the individual was rejected for service.
• United States ex rel. Hurwitz v. Alexander
  150 F.2d 1013· 2d Cir.· 1945-08-20 ·cited 4×
  The court held that resentencing did not increase the original sentence and that good conduct credit from the first sentence was not applicable to the second.
• Rosborough v. Rossell
  150 F.2d 809· 1st Cir.· 1945-07-26 ·cited 4×
  A court-martial's lack of jurisdiction over the charged offense renders the entire proceeding void, even if the conviction is for a lesser included offense over which jurisdiction might otherwise exist.
• Voorheis v. Hunter
  150 F.2d 52· 10th Cir.· 1945-06-28 ·cited 4×
  The court held that the sufficiency of evidence to support an indictment and the evidence supporting a conviction cannot be reviewed on a habeas corpus hearing.
• Hickok v. Hunter
  150 F.2d 635· 10th Cir.· 1945-06-25 ·cited 4×
  The court held that the indictment sufficiently charged a conspiracy offense under the National Stolen Property Act, and the trial court had proper venue and jurisdiction.
• Mason v. Smith
  148 F.2d 894· 9th Cir.· 1945-04-06 ·cited 4×
  The court held that the petitioner's application for a certificate of probable cause was properly denied because the issue had already been adjudicated and state remedies were not exhausted.
• In re Snow
  147 F.2d 1006· 9th Cir.· 1945-02-09 ·cited 4×
  The court held that the denial of the application to proceed in forma pauperis on appeal is not reviewable when the district court certifies the appeal as frivolous.
• Batson v. Squier
  146 F.2d 264· 9th Cir.· 1944-12-14 ·cited 4×
  The court held that the National Motor Vehicle Theft Act defines two distinct offenses, and a defendant cannot be discharged from serving consecutive sentences on both counts via habeas corpus.
• O'Keith v. Johnston
  146 F.2d 231· 9th Cir.· 1944-12-12 ·cited 4×
  The court held that the lower court's finding of intelligent waiver of counsel, supported by evidence, should not be disturbed on appeal.
• Wrobel v. Overholser
  145 F.2d 859· D.C. Cir.· 1944-12-04 ·cited 4×
  The court held that the trial judge's procedure conformed to established precedent, affirming the decision.
• United States ex rel. Rogalski v. Jackson
  146 F.2d 251· 2d Cir.· 1944-11-20 ·cited 4×
  The court held that the lower court's denial of the writ of habeas corpus was correct because the petitioner failed to exhaust his appellate remedies in the state and federal courts.
• Schiffman v. Hunter
  145 F.2d 288· 10th Cir.· 1944-10-19 ·cited 4×
  The court held that the petitioners were competently and effectively represented by counsel of their choosing, and that their interests were not in conflict.
• Blount v. Huff
  144 F.2d 21· D.C. Cir.· 1944-07-24 ·cited 4×
  The court held that the sufficiency of an indictment, when the court has jurisdiction, cannot be challenged in a habeas corpus proceeding after a guilty plea.
• Rutkowski v. ST. Sure
  143 F.2d 715· 9th Cir.· 1944-06-30 ·cited 4×
  The court held that the petition for writ of mandamus should be denied because the habeas corpus petition was properly filed with the district court and assigned to Judge Goodman, and the petitioner waived any objection to jurisdiction by proceeding without objection.
• Sink v. COX
  142 F.2d 917· 8th Cir.· 1944-05-29 ·cited 4×
  The court held that the appellant's claims regarding the first indictment were untimely and that he had not served the full term of his lawful sentences.
• United States ex rel. Johnston v. Carey
  141 F.2d 967· 7th Cir.· 1944-04-17 ·cited 4×
  A federal court will not entertain a habeas corpus petition from a state prisoner until all state remedies have been exhausted, absent exceptional circumstances.
• Kuczynski v. COX
  141 F.2d 321· 8th Cir.· 1944-03-16 ·cited 4×
  The court held that a mentally incompetent prisoner is not entitled to good time deductions and that the indictment was valid and the guilty plea was knowingly entered.
• Barnett v. Hunter
  138 F.2d 448· 10th Cir.· 1943-10-29 ·cited 4×
  The court held that if at least one count of an indictment is valid, a habeas corpus petition based on concurrent sentences will be denied.
• Sanders v. Sanford
  138 F.2d 415· 5th Cir.· 1943-10-28 ·cited 4×
  The court held that habeas corpus is not an appropriate remedy to review alleged errors that could have been raised on direct appeal.
• Widmer v. Johnston
  136 F.2d 416· 9th Cir.· 1943-06-11 ·cited 4×
  The court affirmed the denial of the writ of habeas corpus, finding that the appellant was not denied his constitutional right to counsel and that his guilty pleas were voluntary.
• Espino v. Wixon
  136 F.2d 96· 9th Cir.· 1943-05-27 ·cited 4×
  The court held that a petitioner claiming U.S. citizenship, supported by evidence, is entitled to a judicial trial on that claim when facing deportation.
• Billings v. Truesdell
  135 F.2d 505· 10th Cir.· 1943-04-30 ·cited 4×
  The court held that a registrant who reports for induction, passes examinations, and has the oath read to him is considered inducted, even if he refuses to take the oath, and is therefore subject to military jurisdiction.
• O'Brien v. Squier
  133 F.2d 123· 9th Cir.· 1943-01-30 ·cited 4×
  The court held that the offenses charged under 18 U.S.C. §§ 313 and 317 were distinct, making the consecutive sentences valid.
• Burgess v. King
  130 F.2d 761· 8th Cir.· 1942-10-01 ·cited 4×
  The court held that the petitioner received a full and fair hearing and that the admission of affidavits without objection was not error.
• Wellman v. Moore
  130 F.2d 438· D.C. Cir.· 1942-07-13 ·cited 4×
  The court held that the District Court correctly dismissed the habeas corpus petition because the appellant failed to prove by clear and conclusive evidence that he was not in the demanding state at the time of the alleged offense.
• State ex rel. Pearl Seay v. Mayo
  139 Fla. 291· Fla.· 1939-07-17 ·cited 4×
  The Florida Supreme Court ordered the immediate arrest of Pearl Seay, who had been released on a superseded judgment of conviction. The court found that Seay's supersedeas bond had become inadequate, allowing him to be taken back into custody unless a new, sufficient bond was pos
• Singum Cooper v. Robbins
  136 Fla. 364· Fla.· 1939-02-24 ·cited 4×
  This case involves a challenge to a Florida law that criminalized the possession of alcoholic beverages without the required excise stamps on their containers. The petitioner argued the law violated the state constitution's single-subject rule and that its title was misleading. T
• State v. Chapman
  126 Fla. 231· Fla.· 1936-11-19 ·cited 4×
  This habeas corpus case involved a petitioner convicted for possessing Cuban lottery tickets. The Florida Supreme Court discharged the petitioner, finding the information insufficient because it did not allege the lottery was not currently played.
• Barber v. State
  124 Fla. 694· Fla.· 1936-06-26 ·cited 4×
  The Florida Supreme Court affirmed the trial court's decision upholding a $10,000 supersedeas bail bond for a defendant convicted of murder in the second degree. The court held that the reasonableness standard applies to supersedeas bonds after conviction, and that such bonds may
• Ex parte Winn
  100 Fla. 1050· Fla.· 1930-05-20 ·cited 4×
  This case concerns a habeas corpus petition challenging the legality of imprisonment for burning a public school building. The court found the statute under which the petitioner was charged to be unconstitutional because its title did not accurately reflect its contents, renderin
• Ex parte Application of George M. Quigley for Writ of Habeas Corpus v. State
  99 Fla. 933· Fla.· 1930-04-28 ·cited 4×
  George Quigley sought habeas corpus relief from detention under a capias based on an alleged violation of a Florida statute prohibiting city employees from soliciting political support. The Florida Supreme Court reversed the trial court's denial of the writ, holding that habeas c
• Carroll v. Merritt
  91 Fla. 893· Fla.· 1926-05-11 ·cited 4×
  In a habeas corpus proceeding, the Florida Supreme Court upheld the conviction of Howard Carroll for unlawful possession of alcoholic beverages, rejecting his argument that the information was deficient for failing to allege that possession was for sale or to negate statutory exc
• Quigg v. State
  84 Fla. 164· Fla.· 1922-08-02 ·cited 4×
  The Florida Supreme Court affirmed a lower court decision discharging a jitney bus operator from custody, holding that while Miami's charter granted the city power to license, control, and regulate jitney buses, it did not authorize a complete prohibition of their operation on ci
• Cary v. Cary Ellis
  78 Fla. 186· Fla.· 1919-07-30 ·cited 4×
  R. M. Cary challenges his arrest under a Pensacola city ordinance requiring all buildings where people live, congregate, or conduct business to have sanitary privies connected to sewers. The Florida Supreme Court holds the ordinance void as arbitrary and unreasonable because it m
• Paxon v. Moran
  76 Fla. 463· Fla.· 1918-11-19 ·cited 4×
  This case concerns the validity of an arrest warrant served in a county different from where it was issued. The Florida Supreme Court held that a warrant, initially invalid for service in another county due to lack of endorsement, became valid after being properly endorsed, allow
• Foster v. Perry
  71 Fla. 155· Fla.· 1916-02-15 ·cited 4×
  Tom Foster was mistakenly tried and convicted in place of Jesse Messer, the actual defendant charged with illegal liquor sales. The Florida Supreme Court held that Foster's conviction was void because he was never charged with any offense, violating due process, and ordered his r
• Welch v. State
  69 Fla. 21· Fla.· 1915-01-15 ·cited 4×
  The Florida Supreme Court upheld a statute punishing desertion of wife and child, rejecting a constitutional challenge that the statute's title was too narrow to encompass provisions punishing withholding of means of support. The court held that 'desertion' properly includes both
• Carter v. State
  65 Fla. 347· Fla.· 1913-04-01 ·cited 4×
  Albert A. Carter, a fugitive from New York arrested in Florida under an assumed name, sought habeas corpus relief challenging his extradition. The Florida Supreme Court affirmed the lower court's order remanding him to New York, holding that the identity of the fugitive was estab
• Logan v. Childs
  51 Fla. 233· Fla.· 1906-01-01 ·cited 4×
  The court affirmed a lower court's denial of a habeas corpus petition. The petitioner sought release from arrest for violating a city ordinance requiring the removal of an open closet, arguing the ordinance was unconstitutional. The court found the ordinance valid and not in conf
• Hart v. Cotten
  44 Fla. 172· Fla.· 1902-01-01 ·cited 4×
  Sarah Hart sought a writ of error challenging a Circuit Court order in a habeas corpus case concerning custody of an infant. The Florida Supreme Court dismissed the writ because the transcript was not certified according to applicable rules and because the lower court's order was
• Roberts v. State
  27 Fla. 244· Fla.· 1891-01-01 ·cited 4×
  The Florida Supreme Court reversed a lower court's decision to remand a habeas corpus case, finding that the lower court lacked jurisdiction due to an insufficient statement of disqualification by the original judge. The case highlights the procedural requirements for transferrin
• Ex-parte James S. Martini
  23 Fla. 343· Fla.· 1887-06-01 ·cited 4×
  This case concerns a prisoner challenging his sentence for allowing minors to gamble. The court determined that the sentence, which offered an alternative of paying a fine or performing street labor, was void for uncertainty and exceeded the court's authority. The prisoner was di
• Marquetti v. Sec'y, Dep't of Corr. (Hillsborough County)
  2021 WL 1853655· M.D. Fla.· 2025-08-18 ·cited 3×
  The court held that the petitioner's federal habeas corpus petition was time-barred under AEDPA, as it was filed years after the one-year limitation period expired, and equitable tolling or actual innocence exceptions did not apply.
• Lorusso v. State
  2025 WL 1592302· N.D. Fla.· 2025-06-30 ·cited 3×
  The court held that the petition for writ of habeas corpus should be dismissed as duplicative of a pending petition.
• Griffin v. Sec'y, Dep't of Corr.
  2024 WL 964197· M.D. Fla.· 2024-10-21 ·cited 3×
  The court held that the petitioner's habeas corpus petition was time-barred under AEDPA because he failed to demonstrate entitlement to equitable tolling.
• Sweet v. Dixon
  2023 WL 7110349· N.D. Fla.· 2024-08-19 ·cited 3×
  A district court lacks jurisdiction to consider a second or successive § 2254 petition unless the petitioner has first obtained authorization from the appropriate appellate court.
• Forbes v. Fla. Dep't of Corr.
  S.D. Fla.· 2023-03-28 ·cited 3×
  The district court dismissed the petition for writ of habeas corpus because it was second or successive and the petitioner failed to obtain authorization from the Eleventh Circuit to file it.
• N.H. v. State
  358 So. 3d 477· Fla. 5th DCA· 2023-03-27 ·cited 3×
  There was sufficient probable cause to find that a minor violated Florida Statute 836.10(2)(a) by placing a written threat to kill on her desk in a public school classroom in plain view of a teacher. The statute prohibits sending, posting, or transmitting a written threat in any
• Alcazar v. State
  Fla. 3d DCA· 2023-03-08 ·cited 3×
  The court considered whether a defendant's actions in soliciting a hitman, providing victim information, and making a down payment constituted an overt act sufficient for attempted first-degree murder. The court held that these actions did rise to the level of overt acts, disting