Habeas Corpus

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

• Bowers v. Battles
  568 F.2d 1· 6th Cir.· 1977-12-22 ·cited 3×
  The court held that the retrospective hearing was adequate to determine the petitioner's competency to stand trial and that his counsel was effective.
• Johnnie Jones (Willie Felton) v. Fla. Parole & Prob. Comm'n & Louie L. Wainwright
  348 So. 2d 681· Fla. 1st DCA· 1977-08-10 ·cited 3×
  Florida appellate court reversed parole revocation where the Commission relied solely on hearsay evidence without any non-hearsay evidence to support the violation finding, holding that parole revocation requires some valid legal evidence beyond hearsay despite relaxed evidentiar
• Margorie Necklace v. The Tribal Court OF the Three Affiliated Tribes OF the Fort Berthold Reservation
  554 F.2d 845· 8th Cir.· 1977-04-15 ·cited 3×
  The court held that the petitioner was not required to exhaust state or tribal remedies before seeking habeas corpus relief under the Indian Civil Rights Act.
• Talavera v. Louie L. Wainwright
  547 F.2d 1238· 5th Cir.· 1977-03-02 ·cited 3×
  The court held that a Fourth Amendment claim on federal habeas corpus requires remand if the record is unclear as to whether the state provided a full and fair opportunity to litigate the claim.
• Ernie Ree Ainsworth v. Reed
  542 F.2d 243· 5th Cir.· 1976-11-10 ·cited 3×
  The court held that the petitioner's claim of entrapment, even if proven, did not rise to a constitutional dimension violating due process, and thus habeas corpus relief was not warranted.
• Manning v. State OF Ala.
  526 F.2d 355· 5th Cir.· 1976-01-22 ·cited 3×
  The court held that the petitioner must exhaust available state remedies before a federal court can consider his claim for credit on his state sentence for time served in federal custody.
• Hollis Wayne Justice v. State OF Tex.
  522 F.2d 1365· 5th Cir.· 1975-11-14 ·cited 3×
  The court held that the district court's findings of fact regarding the terms of the plea bargain were not clearly erroneous and that the state had breached the plea bargain.
• United States ex rel. James "Doc" Bailey v. Reubin O'D. Askew and Louie Wainwright
  486 F.2d 134· 5th Cir.· 1973-10-19 ·cited 3×
  State officials acting within their judicial roles or carrying out court orders are immune from § 1983 damages actions.
• LaFRANCE v. Bohlinger
  487 F.2d 506· 1st Cir.· 1973-10-17 ·cited 3×
  The court held that a further stay of a habeas corpus writ is unwarranted, but conditioned the denial of the stay on the appellee executing a personal recognizance bond.
• Karriem Thorne v. Warden, Brooklyn House OF Detention FOR MEN
  479 F.2d 297· 2d Cir.· 1973-05-16 ·cited 3×
  The appeal is dismissed as moot because the petitioner was convicted, rendering the issue of pretrial detention moot.
• State v. Pitofsky
  267 So. 2d 348· Fla. 3d DCA· 1972-10-17 ·cited 3×
  A written complaint filed under oath before a justice of the peace, upon which a warrant is issued, is not a 'trial affidavit' within the meaning of the speedy trial rule.
• Tahl v. O'Connor
  460 F.2d 1068· 9th Cir.· 1972-06-16 ·cited 3×
• Cook v. Johnson
  459 F.2d 473· 6th Cir.· 1972-04-18 ·cited 3×
  The warrantless seizure and subsequent search of the appellant's car violated the Fourth Amendment, rendering the admission of evidence obtained from it unconstitutional.
• United States ex rel. Frank Phelan v. Brierley
  453 F.2d 73· 3d Cir.· 1971-10-26 ·cited 3×
  The dissenting judge believes the state court erred by not holding an independent hearing on the petitioner-appellant's competency, and that a retrospective hearing in the district court was insufficient.
• Smith v. State
  251 So. 2d 153· Fla. 1st DCA· 1971-08-05 ·cited 3×
• Smith v. Whisman
  431 F.2d 1051· 5th Cir.· 1970-09-16 ·cited 3×
  The exclusion of veniremen for cause based on general objections to the death penalty does not void a sentence if the alternate juror who was improperly selected does not participate in deliberations or the verdict and there is no indication of prejudice.
• Shank v. Smith
  426 F.2d 1344· 5th Cir.· 1970-06-02 ·cited 3×
  The court held that the district court properly denied claims of illegal extradition and lack of jurisdiction, but erred in denying claims of denial of counsel and coerced guilty plea without proper procedure.
• Vern Wilmer Carpenter v. Beto
  421 F.2d 847· 5th Cir.· 1970-01-29 ·cited 3×
  The court held that a state convict must re-present issues to the Texas court under the amended Article 11.07 before being considered to have exhausted available state remedies.
• Burton v. Walker
  231 So. 2d 20· Fla. 2d DCA· 1970-01-28 ·cited 3×
  The Burtons appealed a judgment awarding custody of a child to Mrs. Walker, claiming they were denied due process by not being allowed to present their case. The court reversed, holding that the trial judge erred by entering judgment without affording the Burtons an opportunity t
• State v. Pitts
  227 So. 2d 880· Fla. 1st DCA· 1969-11-07 ·cited 3×
  Florida appeals a trial court's order vacating murder convictions and death sentences for Pitts and Lee under Criminal Procedure Rule 1.850 based on newly discovered facts. The appellees sought bail pending the State's appeal, arguing the trial court's vacatur order entitled them
• Wilson v. Veron Atchley
  412 F.2d 230· 9th Cir.· 1969-05-27 ·cited 3×
• Chromiak v. Field
  406 F.2d 502· 9th Cir.· 1969-01-24 ·cited 3×
  The court held that a prisoner's claim that a state statute requiring executive concurrence for probation is unconstitutional does not present a federal question, and that requiring a defendant to bear the burden of proof for a judge disqualification motion is permissible.
• Lawrence v. Louie L. Wainwright
  404 F.2d 614· 5th Cir.· 1968-11-29 ·cited 3×
  The court held that the appeal should not be dismissed as untimely filed based on new evidence of counsel's delay in notification.
• O'Shea v. United States
  395 F.2d 754· 1st Cir.· 1968-06-05 ·cited 3×
  The court held that the petitioner's pre-sentence custody was not subject to attack via habeas corpus, and even if it were, the subsequent valid sentence rendered the custody lawful.
• United States ex rel. Vincent Cerullo v. Follette
  393 F.2d 879· 2d Cir.· 1968-05-08 ·cited 3×
  The court held that the material facts concerning the voluntariness of the confession were not adequately developed and remanded for a full evidentiary hearing.
• Dorman Fred Talbot, Jr. v. Nelson
  390 F.2d 801· 9th Cir.· 1967-12-27 ·cited 3×
  The concurring opinion agrees with the majority's result but emphasizes that substantial contentions remain to be adjudicated by higher courts.
• Schack v. State
  194 So. 2d 53· Fla. 1st DCA· 1967-01-17 ·cited 3×
  A writ of habeas corpus was properly denied because the petitioner failed to establish unlawful confinement entitling him to immediate release.
• Weeks v. State
  181 So. 2d 746· Fla. 1st DCA· 1966-01-18 ·cited 3×
  The court held that a habeas corpus petition is inappropriate if the petitioner has failed to exhaust remedies under Criminal Procedure Rule 1 or if relief has been denied under Rule 1, unless the remedy is inadequate.
• Trepanier v. State
  181 So. 2d 161· Fla.· 1965-12-15 ·cited 3×
  Petitioner Robert Trepanier, held under 1960 felony convictions based on guilty pleas, challenged his conviction claiming he was not advised of his right to state-appointed counsel. The Florida Supreme Court held that petitioner was entitled to an evidentiary hearing to determine
• Buchanan v. The State of Fla. ex rel. Elbert O. Sowerwine
  171 So. 2d 564· Fla. 3d DCA· 1965-02-09 ·cited 3×
  In this extradition habeas corpus case, the Florida District Court of Appeal reversed a discharge order and held that an affidavit charging the appellee with child enticement under Montana law substantially charged a crime despite alleged defects, and that jurisdictional and cust
• Lundberg v. Buchkoe
  338 F.2d 62· 6th Cir.· 1964-11-09 ·cited 3×
  The court held that the petitioner's constitutional rights were not violated, as his confessions were voluntary and the evidence was not obtained through unlawful search and seizure.
• Spaulding v. Taylor
  336 F.2d 192· 10th Cir.· 1964-09-01 ·cited 3×
  The court held that the § 2255 remedy was ineffective and the district court had jurisdiction to entertain the habeas corpus petition, but affirmed the denial on the merits.
• Miller v. United States
  324 F.2d 730· 10th Cir.· 1963-11-19 ·cited 3×
  The court held that the appeal is moot because the petitioner is no longer restrained of his liberty.
• United States v. Yeager
  327 F.2d 320· 3d Cir.· 1963-07-17 ·cited 3×
  The court held that due process did not require further examination of jurors after a full hearing, as no evidence suggested the excused juror influenced the remaining jury.
• Roberts v. Pepersack
  286 F.2d 635· 4th Cir.· 1960-12-17 ·cited 3×
  The court held that the petition for a writ of habeas corpus was premature and lacked merit, and therefore denied the certificate of probable cause.
• Cook v. Culbreath
  124 So. 2d 24· Fla. 3d DCA· 1960-10-31 ·cited 3×
  The appellate court affirmed a lower court's decision to quash a writ of habeas corpus. The appellant sought to challenge his detention for contempt of court, but the court found that his arguments concerned prior proceedings, not the legality of his current detention, and thus h
• Donaldson v. Cochran
  117 So. 2d 738· Fla.· 1960-02-05 ·cited 3×
  The court held that a statute permits conditioning a habeas corpus discharge on posting a bond to guarantee appearance for appellate review.
• Reese v. Harley O. Teets
  248 F.2d 147· 9th Cir.· 1957-09-17 ·cited 3×
  The district court lacked jurisdiction to grant a writ of habeas corpus or stay of execution because the petitioner had not exhausted his state remedies.
• Clay Sims v. Alvis
  242 F.2d 506· 6th Cir.· 1957-03-29 ·cited 3×
  The court held that the habeas corpus petition should be transferred to the district court for a determination of whether state remedies have been exhausted.
• Carlisle v. Landon
  206 F.2d 191· 9th Cir.· 1953-06-26 ·cited 3×
  The appellate court denied the motion for bail pending appeal, holding that it lacked the authority to grant bail in habeas corpus proceedings under Supreme Court Rule 45, which vests such authority solely in the trial court.
• Barber v. Varleta
  199 F.2d 419· 9th Cir.· 1952-10-07 ·cited 3×
  The court held that the appellee, a Philippine national, was lawfully admitted for permanent residence in the United States under the Philippine Trade Act of 1946, and his attempted deportation was without legal authority.
• Commonwealth of Pa. Ex rel. Billman v. Burke
  170 F.2d 413· 3d Cir.· 1948-09-30 ·cited 3×
• Honorable W. J. Revels v. Degoyler
  159 Fla. 898· Fla.· 1948-01-06 ·cited 3×
  Sheriff Revels appeals the discharge of Claude DeGoyler in habeas corpus, challenging the lower court's determination that a constitutional amendment creating the Game and Fresh Water Fish Commission was invalid due to improper legislative procedure. The Florida Supreme Court hol
• State v. Wilson
  157 Fla. 342· Fla.· 1946-04-30 ·cited 3×
  The Florida Supreme Court affirmed the discharge of African American property owners arrested for violating a Dade County zoning ordinance that attempted to segregate residential areas by race. The court held that the 1937 enabling statute did not authorize the county to zone bas
• State v. Sullivan
  155 Fla. 817· Fla.· 1945-04-17 ·cited 3×
  Costa Ljungdahl challenged the sufficiency of a New York indictment for subornation of perjury in extradition proceedings brought by New York. The Florida Supreme Court held that an indictment in extradition proceedings is tested under the law of the demanding state, and if it su
• Overholser v. De Marcos
  147 F.2d 145· D.C. Cir.· 1944-12-08 ·cited 3×
  The court held that the appellee should be committed to the custody of the Superintendent of St. Elizabeths Hospital pending disposition of the appeal.
• Curran v. Sanford
  145 F.2d 229· 5th Cir.· 1944-10-20 ·cited 3×
  The court held that the indictment charged offenses under Section 163 of the Criminal Code, which was not repealed by Section 167, and the sentences imposed were within the statutory limits.
• Davis v. Johnston
  144 F.2d 859· 9th Cir.· 1944-09-20 ·cited 3×
  The court held that documents not presented in the lower court cannot be added to the record via writ of certiorari, and bail is not an absolute right for prisoners serving sentences.
• State of Fla. Ex rel. James Caywood Murdock v. Mayo
  153 Fla. 256· Fla.· 1943-07-02 ·cited 3×
  James Caywood Murdock petitioned for habeas corpus claiming there was no judgment of conviction against him. The Florida Supreme Court found that a typewritten copy of his sentence omitted a critical line, but the official court record showed he was properly adjudged guilty of ma
• Daoud v. City OF Miami Beach
  150 Fla. 395· Fla.· 1942-04-14 ·cited 3×
  The Florida Supreme Court granted a writ of habeas corpus to A. Joseph Daoud, who was convicted under Miami Beach ordinances that the Court found unconstitutional and violated his non-conforming use rights under the original zoning ordinance. The Court held that Daoud, having lea