Habeas Corpus

18,787 Florida cases classified under this topic, plus 3,112 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Crow v. Kelley
  512 F.2d 752· 8th Cir.· 1975-03-14 ·cited 4×
  A federal court lacks jurisdiction to order the FBI to expunge records of arrests and convictions without the petitioner first exhausting remedies with the state or local authorities responsible for those records.
• Hutto v. United States
  509 F.2d 132· 5th Cir.· 1975-03-07 ·cited 4×
  The court held that a motion to vacate sentence under 28 U.S.C. § 2255, even if filed with an incorrect criminal case number, should be treated as an independent civil proceeding.
• Snyder v. Ira M. Coiner
  510 F.2d 224· 4th Cir.· 1975-02-07 ·cited 4×
  The court held that the trial court's limitation on cross-examination, even if an abuse of discretion, was harmless error given the overwhelming evidence of guilt, and that the denial of a motion to disqualify a juror was not a due process violation.
• Lipscomb v. Estelle
  507 F.2d 708· 5th Cir.· 1975-01-30 ·cited 4×·via Federal Habeas Corpus
  The court held that the prosecutor's jury argument was not an unconstitutional comment on the defendant's failure to testify and that the overall trial was not fundamentally unfair.
• Polanco v. Estelle
  507 F.2d 81· 5th Cir.· 1975-01-22 ·cited 4×·via Writ Of Habeas Corpus
  The court held that police surveillance independently corroborated the informant's tip, establishing probable cause for the search warrant, even if the affidavit was insufficient regarding the informant's reliability.
• Collier v. Estelle
  506 F.2d 22· 5th Cir.· 1975-01-09 ·cited 4×
  The court held that the district court's finding that the petitioner knowingly and intelligently waived his right to appeal was not clearly erroneous and affirmed that finding.
• Hiram B. Bailey v. State OF Ala.
  505 F.2d 1024· 5th Cir.· 1975-01-06 ·cited 4×
  The court held that the lower court erred in denying habeas relief without an evidentiary hearing on the issue of intentional bypass.
• Dep't of Health & Rehabilitative Servs. v. Owens
  305 So. 2d 314· Fla. 1st DCA· 1974-12-31 ·cited 4×·via Writ Of Habeas Corpus
  The Florida District Court of Appeal reversed eight consolidated orders of involuntary admission to the Division of Retardation, holding that trial courts lack statutory authority to prescribe specific treatment, place conditions on admission, or supervise the care of involuntari
• Gaglie v. Ulibarri
  507 F.2d 721· 9th Cir.· 1974-12-17 ·cited 4×
  The court affirmed the district court's summary judgment, finding the government's proposed law library insufficient for indigent prisoners' constitutional right to access the courts.
• Hopkins v. Park J. Anderson
  507 F.2d 530· 10th Cir.· 1974-12-16 ·cited 4×
  The court held that the pleas of guilty were knowingly, intelligently, and voluntarily made, despite the circumstances surrounding the plea bargain.
• Maita v. Whitmore
  508 F.2d 143· 9th Cir.· 1974-12-09 ·cited 4×
  The court held that the mere possibility of imposing consecutive sentences totaling more than six months does not entitle a defendant to a jury trial if the judge exercises discretion to impose a sentence of six months or less.
• Johnson v. Wyrick
  508 F.2d 123· 8th Cir.· 1974-12-05 ·cited 4×
  The court affirmed the district court's denial of the habeas corpus petition, finding that the petitioner had not exhausted state remedies for one claim and that other claims were properly rejected.
• Bernath v. Craven
  506 F.2d 1244· 9th Cir.· 1974-11-19 ·cited 4×
  The court held that the rule established in Wright v. Craven, requiring awareness of consequences for admitting a prior felony conviction used for sentence enhancement, should be applied prospectively only.
• United States ex rel. Larry David Hayden v. Zelker
  506 F.2d 1228· 2d Cir.· 1974-11-14 ·cited 4×
  The court held that a savings clause in the revised penal law constitutionally allows application of the old sentencing scheme to offenses committed before the revision, even if it results in longer potential incarceration than under the new law.
• LaPLANTE v. Wolff
  505 F.2d 780· 8th Cir.· 1974-11-08 ·cited 4×
  The court held that the petitioner knowingly and intelligently waived his right to counsel in his 1960 conviction, and therefore, his petition for a writ of habeas corpus was properly denied.
• Gibbs v. Louie L. Wainwright
  303 So. 2d 7· Fla.· 1974-11-07 ·cited 4×
  A state prisoner sought habeas corpus relief challenging his 20-year sentence for robbery as unduly harsh and imposed without a presentence investigation report. The Florida Supreme Court held that the sentence falls within statutory limits and the petitioner did not qualify for
• Parks v. State
  301 So. 2d 482· Fla. 1st DCA· 1974-10-15 ·cited 4×
  John Parks, incarcerated in a federal penitentiary in Atlanta for a 1955 Florida conviction, sought postconviction relief under Florida Rule of Criminal Procedure 3.850. The appellate court affirmed the trial court's denial, finding that Parks was not eligible for relief under th
• Middlebrooks v. United States
  500 F.2d 1355· 5th Cir.· 1974-09-27 ·cited 4×·via Habeas Corpus Review
  The court held that while the government's brief contained inaccuracies, these did not affect the outcome of the direct appeal, and thus the denial of the defendant's motion to vacate sentence was correct.
• Calley v. Callaway
  497 F.2d 1384· 5th Cir.· 1974-07-19 ·cited 4×·via Habeas Corpus Jurisdiction
• Means v. Louie L. Wainwright
  299 So. 2d 577· Fla.· 1974-07-10 ·cited 4×
  Willie Means, a prisoner whose parole was granted but then rescinded before he signed the parole agreement, challenged the rescission as a violation of due process. The Florida Supreme Court held that once a person is notified of a parole grant, the rescission of that unexecuted
• Grant v. Louie L. Wainwright
  496 F.2d 1043· 5th Cir.· 1974-06-27 ·cited 4×
  The court held that the petitioner's confessions were involuntary due to coercive interrogation tactics, violating his due process rights.
• Wallace v. Schlesinger
  500 F.2d 117· 9th Cir.· 1974-06-21 ·cited 4×
  The judgment of the district court cannot be affirmed due to ambiguity in the denial letter regarding the plaintiff's conscientious objection claim.
• Hora v. State OF La.
  495 F.2d 1248· 5th Cir.· 1974-06-12 ·cited 4×·via Habeas Corpus Petition
  The court held that the district court erred in denying the habeas corpus petition without a full inquiry into the circumstances surrounding the guilty pleas.
• United States ex rel. Terry Betts v. Cnty. Court FOR LaCROSSE Cnty.
  496 F.2d 1156· 7th Cir.· 1974-05-13 ·cited 4×
  The court held that North Carolina v. Pearce permits a retrial of a burglary charge even after the petitioner has served the initial sentence, as the double jeopardy clause does not restrict the length of a sentence imposed upon reconviction.
• Pressley v. Louie L. Wainwright
  493 F.2d 894· 5th Cir.· 1974-05-10 ·cited 4×
  The court held that the federal district court correctly denied the writ of habeas corpus because the petitioner failed to exhaust his state remedies.
• Hayward v. Stone
  496 F.2d 844· 9th Cir.· 1974-05-09 ·cited 4×
  The court held that an application to recall the remittitur, when used appropriately to raise a federal claim, can satisfy the exhaustion requirement for federal habeas corpus petitions.
• LePAGE v. Picard
  495 F.2d 26· 1st Cir.· 1974-04-18 ·cited 4×
  The district court correctly applied the "convincing evidence" standard under 28 U.S.C. § 2254(d) and was not obligated to hold a mandatory habeas corpus hearing, as there was no reason to suspect an incorrect constitutional standard was applied by the state court.
• Donnie Lynn Swanson v. Estelle
  492 F.2d 115· 5th Cir.· 1974-04-04 ·cited 4×
• Myron M. Amato v. Divine
  496 F.2d 441· 7th Cir.· 1974-03-12 ·cited 4×
  The court held that the Wisconsin statute prohibiting the sale of obscene materials was unconstitutionally vague under the standards established in Miller v. California, thus requiring reversal of the conviction.
• DeGAGLIA v. Stack
  490 F.2d 472· 5th Cir.· 1974-03-06 ·cited 4×
  The court held that the state judge's comment about giving 'great weight' to the state's recommendation did not render the nolo contendere plea involuntary, and the claim regarding the maximum sentence was not exhausted in state courts.
• Cole v. Clements
  494 F.2d 141· 10th Cir.· 1974-03-06 ·cited 4×
  The court held that the Air Force substantially complied with its regulations and due process requirements when denying the conscientious objector discharge application, and that there was a basis in fact for the denial.
• United States ex rel. Willie Young v. Wainwright
  490 F.2d 96· 5th Cir.· 1974-02-20 ·cited 4×
  The court affirmed the denial of habeas corpus regarding confession voluntariness but remanded for consideration of two additional issues.
• POE v. Turner
  490 F.2d 329· 10th Cir.· 1974-01-23 ·cited 4×
  The court held that the use of prior trial testimony of absent witnesses was permissible because the state made a good faith effort to locate them, satisfying the confrontation clause requirements.
• Kirby v. Ciccone
  491 F.2d 1310· 8th Cir.· 1974-01-21 ·cited 4×
  A United States District Judge cannot delegate to a magistrate the power to conduct trials in civil rights cases or evidentiary hearings in post-conviction cases under 28 U.S.C. §§ 2254 and 2255.
• Forrest D. Aikins v. Cardwell
  488 F.2d 977· 9th Cir.· 1974-01-16 ·cited 4×
  The court affirmed the district court's denial of the habeas corpus petition.
• Kermit Snow v. State OF Okla.
  489 F.2d 278· 10th Cir.· 1973-12-28 ·cited 4×
  The court held that the district court correctly denied the appellant's petition for habeas corpus relief, affirming the denial.
• Green v. Estelle
  488 F.2d 918· 5th Cir.· 1973-12-17 ·cited 4×
  The court held that the state's failure to produce a defense witness, who was incarcerated, did not violate the defendant's constitutional right to compulsory process, nor did the attorney's alleged errors constitute ineffective assistance of counsel.
• Glick v. Erickson
  488 F.2d 182· 8th Cir.· 1973-12-11 ·cited 4×
  The court held that the 'stop and frisk' search of Glick was justified under the Fourth Amendment, and his petition for habeas corpus relief was without merit.
• United States ex rel. John Lee Feather v. Erickson
  489 F.2d 99· 8th Cir.· 1973-12-07 ·cited 4×
  The Court held that the Sisseton-Wahpeton (Lake Traverse) Indian reservation boundaries were not diminished by the 1891 Act, and therefore the alleged crimes occurred within Indian Country, divesting the State of South Dakota of jurisdiction.
• Dombkowski v. Johnson
  488 F.2d 68· 6th Cir.· 1973-12-05 ·cited 4×
  The court held that a conviction for being drunk and disorderly did not bar a subsequent conviction for attempting to take indecent liberties with a minor, as the charges arose from different facts and circumstances.
• Carlton Bryant v. Hardy
  488 F.2d 72· 4th Cir.· 1973-11-30 ·cited 4×
  The court held that the district court erred in dismissing the prisoner's petition sua sponte without requiring the government to answer.
• Brown v. Yeldell
  487 F.2d 1210· D.C. Cir.· 1973-11-29 ·cited 4×·via Writ Of Habeas Corpus
  The court held that appellants' constitutional claims were unavailing because their commitments had lapsed and they suffered no present harm cognizable by a writ of habeas corpus.
• Maxwell Oliver v. Cowan
  487 F.2d 895· 6th Cir.· 1973-11-21 ·cited 4×
  Formal sentencing is a critical stage in criminal proceedings where a defendant is entitled to the assistance of counsel.
• Todd v. Stynchcombe
  486 F.2d 1030· 5th Cir.· 1973-11-09 ·cited 4×
  The court held that applying a new sentencing procedure to a crime committed before the statute's effective date did not violate the constitutional prohibition against ex post facto laws.
• Glynn v. Donnelly
  485 F.2d 692· 1st Cir.· 1973-10-11 ·cited 4×
  The court held that ex parte communications between the prosecution and the trial judge regarding applications for out-of-state witnesses did not deny the petitioner due process of law.
• Lamberti v. Louie L. Wainwright
  284 So. 2d 202· Fla.· 1973-10-10 ·cited 4×
  The Court held that it will not reconsider issues already determined by another appellate court in a habeas corpus proceeding.
• Ferguson v. Gathright
  485 F.2d 504· 4th Cir.· 1973-10-08 ·cited 4×
  A person cannot be constitutionally imprisoned for a crime where an essential element was adjudicated in an uncounseled license revocation proceeding if they were prejudiced by the lack of counsel.
• Antwine v. Estelle
  486 F.2d 189· 5th Cir.· 1973-09-28 ·cited 4×·via Habeas Corpus Relief
  The court held that the Governor of Texas had the authority to commute the appellant's death sentence, and this commutation did not violate his constitutional rights.
• Lyden v. State
  281 So. 2d 591· Fla. 2d DCA· 1973-08-24 ·cited 4×·via Habeas Corpus Petition
  Lyden moved to dismiss his own appeal on the ground that he needed to exhaust state remedies before pursuing federal habeas corpus relief. The Florida appellate court denied the motion, holding that appellate courts have no more right to grant such motions than trial courts have
• Stidham v. Wingo
  482 F.2d 817· 6th Cir.· 1973-08-14 ·cited 4×
  The court held that the petitioner failed to meet his burden of proving a violation of his constitutional rights regarding ineffective assistance of counsel and other claims.