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

• Tucker v. Park J. Anderson
  483 F.2d 423· 10th Cir.· 1973-07-23 ·cited 4×
  The court held that the record did not plainly show an intelligent and understanding waiver of the right to counsel, and the federal court erred in denying an evidentiary hearing.
• Haywood Williams v. United States
  481 F.2d 339· 2d Cir.· 1973-06-20 ·cited 4×
  A federal district court is not required to redetermine a claim that has already been litigated and decided on the merits in another federal court, even if that court is in a different circuit, absent exceptional circumstances.
• Clay v. Black
  479 F.2d 319· 6th Cir.· 1973-06-01 ·cited 4×
  The court held that the prosecution's failure to disclose exculpatory evidence (FBI blood analysis report) to the defense before trial violated the petitioner's due process rights.
• Orito v. Sanger Powers
  479 F.2d 435· 7th Cir.· 1973-05-25 ·cited 4×
  The court held that the district court had jurisdiction to issue a writ of habeas corpus for a prisoner confined outside its territorial jurisdiction, and that the publication in question was not obscene as a matter of law under the First Amendment.
• United States ex rel. Thomas Edward Gibson v. Ziegele
  479 F.2d 773· 3d Cir.· 1973-05-22 ·cited 4×
  The court held that a mistrial declared due to a key prosecution witness's illness, over the defendant's objection, did not violate the Double Jeopardy Clause, as there was a manifest necessity for the mistrial.
• Burston v. Caldwell
  477 F.2d 996· 5th Cir.· 1973-05-14 ·cited 4×
  The court held that the district court erred in dismissing the federal habeas petition without holding an evidentiary hearing or obtaining the original trial transcript.
• Lane v. Attorney General OF the United States
  477 F.2d 847· 5th Cir.· 1973-04-26 ·cited 4×
  The court held that the Equal Protection Clause, as applied to the federal government via the Fifth Amendment's Due Process Clause, requires the appointment of counsel for indigent parolees facing revocation proceedings when the government permits more affluent parolees to appear
• Turnbow v. Beto
  477 F.2d 1151· 5th Cir.· 1973-04-18 ·cited 4×
  The court held that the petitioner was adequately advised of his right to appellate counsel and that his claim regarding lack of counsel at sentencing was not exhausted in state courts.
• Lieutenant Junior Grade Monroe G. Piland III v. Captain G. V. Eidson
  477 F.2d 1148· 9th Cir.· 1973-04-18 ·cited 4×
  The court held that a military member seeking to challenge the denial of conscientious objector status is considered in custody within the judicial district of their last duty station for the purpose of habeas corpus jurisdiction, even if under orders to transfer.
• Mills v. Beto
  477 F.2d 124· 5th Cir.· 1973-04-09 ·cited 4×
  The court held that Texas' extradition of the appellant to Oklahoma did not constitute a waiver of jurisdiction, and the denial of 'good time' credit for time served in Oklahoma was not a violation of constitutional rights.
• LEE v. Wash. Parish
  476 F.2d 285· 5th Cir.· 1973-04-09 ·cited 4×
  An appeal from the denial of a state prisoner's habeas petition cannot be taken without a certificate of probable cause.
• McCRAVY v. Moore
  476 F.2d 281· 6th Cir.· 1973-04-03 ·cited 4×·via Writ Of Habeas Corpus
  A joint occupant of premises, such as a wife, has the authority to consent to a search of those premises, and such consent does not violate the Fourth Amendment rights of another joint occupant.
• Lovelace v. Haskins
  474 F.2d 1254· 6th Cir.· 1973-03-21 ·cited 4×
  An indigent prisoner is not required to demonstrate meritorious claims to be granted a direct appeal after being denied timely notice of appeal rights.
• Jackson v. Robinson
  476 F.2d 539· D.C. Cir.· 1973-03-20 ·cited 4×
  The court denied the patient's motion for a stay of his appeal, but ultimately granted his motion to withdraw the appeal after he received conditional release.
• Elvin Emmett Moore v. Park J. Anderson
  474 F.2d 1118· 10th Cir.· 1973-03-16 ·cited 4×
  The court held that the written plea form and accompanying questions were sufficient to establish a voluntary and knowing plea, even without a full transcript of oral advisement.
• Powell v. Powell
  274 So. 2d 24· Fla. 1st DCA· 1973-03-06 ·cited 4×
  The court held that the mother was entitled to an opportunity to present evidence of changed circumstances justifying a change in child custody.
• Noble David Jellum, Jr. v. Hoyt C. Cupp
  475 F.2d 829· 9th Cir.· 1973-03-06 ·cited 4×
  The court held that the Oregon statute criminalizing "acts of sexual perversity" is unconstitutionally vague, even as narrowed by state court interpretation, because it fails to provide legally fixed standards for conduct.
• Neville P. Matthews v. Wingo
  474 F.2d 1266· 6th Cir.· 1973-03-01 ·cited 4×
  The court held that a second federal habeas corpus petition raising issues already decided on the merits in a prior petition can be denied, and that conclusory allegations of ineffective assistance of counsel are insufficient to require an evidentiary hearing.
• Chauncey v. Second Jud. Dist. Court
  474 F.2d 1238· 9th Cir.· 1973-02-26 ·cited 4×
• Oakes v. Howard
  473 F.2d 672· 6th Cir.· 1973-02-08 ·cited 4×
  A defendant cannot claim a constitutional violation based on juror misconduct when the facts were known at trial, counsel advised disqualification, and the defendant voluntarily declined to act.
• Major William L. Muller, Jr. v. Melvin Laird as Secretary of Defense
  474 F.2d 999· 5th Cir.· 1973-01-31 ·cited 4×
  The court held that the district court had jurisdiction to hear the habeas corpus petition because the petitioner remained under the effective custody of the Fifth United States Army.
• Wimberley v. Laird
  472 F.2d 923· 7th Cir.· 1973-01-26 ·cited 4×
  The court held that the military tribunal had jurisdiction to try the petitioner for murder committed in Germany, and that his appointed counsel provided effective assistance.
• United States ex rel. Freddie M. Johnson H-7496 v. Johnson
  471 F.2d 264· 3d Cir.· 1973-01-16 ·cited 4×
  The court held that the district court erred in denying a habeas corpus petition without an evidentiary hearing on the issue of trial counsel's competency regarding the failure to secure alibi and impeachment witnesses.
• Kinnard Copeland v. Beto
  471 F.2d 710· 5th Cir.· 1973-01-16 ·cited 4×
  The court held that a defendant's constitutional right to appellate counsel is not violated if the state lacks knowledge of indigency and a desire to appeal.
• Tommie (Tom) Dixon v. Caldwell
  471 F.2d 767· 5th Cir.· 1972-12-27 ·cited 4×
  The court held that the federal district court erred in denying a habeas corpus petition without an evidentiary hearing, as the state courts had not adequately resolved the factual merits of the petitioner's claims regarding denial of counsel and a free transcript for appeal.
• Swift v. Ciccone
  472 F.2d 577· 8th Cir.· 1972-12-27 ·cited 4×
  The court held that the automatic forfeiture of good time earned prior to parole revocation does not violate the Due Process Clause of the Fifth Amendment, even without a separate evidentiary hearing on the forfeiture.
• United States ex rel. Harold Payton v. Rundle
  472 F.2d 36· 3d Cir.· 1972-12-21 ·cited 4×
  The court held that a state prisoner does not have a federal constitutional right to be informed of the right to free counsel on appeal when the court is unaware of his indigency, and Pennsylvania did not violate due process by finding waiver of a state-conferred right.
• Earlie Wright, Jr. v. Edwards
  470 F.2d 980· 5th Cir.· 1972-12-21 ·cited 4×·via Writ Of Habeas Corpus
  The court held that a state may constitutionally proscribe willful possession of marijuana and that a search incident to arrest conducted at the jail is permissible under the Fourth Amendment.
• Clay v. Louie L. Wainwright
  470 F.2d 478· 5th Cir.· 1972-12-18 ·cited 4×
  The court held that while misdemeanor convictions obtained without counsel are invalid and cannot alone support probation revocation, the state court retains jurisdiction to reconsider probation revocation if the process was initiated within the probation period, even if the peri
• Stearns v. Parker
  469 F.2d 1090· 9th Cir.· 1972-11-27 ·cited 4×
  A state prisoner incarcerated in a federal facility under contract with the state must exhaust state remedies before seeking federal habeas corpus relief.
• United States ex rel. Joseph Johnson v. People OF the State OF Ill.
  469 F.2d 1297· 7th Cir.· 1972-11-20 ·cited 4×
  The court held that the district court did not err in denying the habeas corpus petition without a hearing or appointing counsel, as the state court record adequately demonstrated the legality of the search and seizure and the sufficiency of the evidence.
• Jones v. Pitchess
  469 F.2d 678· 9th Cir.· 1972-11-15 ·cited 4×·via Writ Of Habeas Corpus
  The court held that a dismissal of a complaint without prejudice is not a final order and thus not appealable under 28 U.S.C. § 1291.
• Pace v. Beto
  469 F.2d 1389· 5th Cir.· 1972-11-14 ·cited 4×·via Habeas Corpus Petition
  The court held that the search of the matchbox was unconstitutional, rendering the discovery of marijuana the fruit of an illegal search.
• Sutton v. Laird
  468 F.2d 1376· 10th Cir.· 1972-11-08 ·cited 4×
  The district court had jurisdiction to entertain the habeas corpus action because the serviceman had sufficient meaningful contacts with the dispatching station within its territorial limits.
• Griggs v. Superintendent, Anchorage State Jail, & State of Alaska
  469 F.2d 87· 9th Cir.· 1972-11-07 ·cited 4×
  The court held that the district court did not err in denying an evidentiary hearing on a habeas corpus petition challenging extradition.
• United States ex rel. Walter Henderson v. Brierley
  468 F.2d 1193· 3d Cir.· 1972-11-06 ·cited 4×
  The district court did not err in denying the habeas corpus petition without an evidentiary hearing, nor was the statute allowing magistrate review unconstitutional.
• Ouimette v. Howard
  468 F.2d 1363· 1st Cir.· 1972-11-02 ·cited 4×
  The court held that the officers' entry into the club was justified and the evidence seized was in plain view, thus the habeas petition was properly denied.
• Ramirez v. Rodriguez
  467 F.2d 822· 10th Cir.· 1972-10-19 ·cited 4×
  The court held that the petitioner's arrest and the subsequent search were based on probable cause, and federal habeas corpus review is available for constitutional claims.
• Newell v. Slayton
  468 F.2d 888· 4th Cir.· 1972-10-05 ·cited 4×
  A prosecutor's comment on the defendant's failure to produce witnesses to contradict the state's evidence, rather than commenting on the defendant's own silence, does not violate the Fifth Amendment privilege against self-incrimination.
• Pineda v. Craven
  465 F.2d 999· 9th Cir.· 1972-09-21 ·cited 4×
  The court affirmed the district court's denial of relief, finding that the state court's factual determinations were well supported by the record.
• Raffone v. Adams
  468 F.2d 860· 2d Cir.· 1972-09-19 ·cited 4×
  The court held that a series of three tips, viewed in conjunction and corroborated by police observations, provided the requisite probable cause for the warrantless arrest of the petitioner and the subsequent warrantless search of his truck.
• Hunt v. Swenson
  466 F.2d 863· 8th Cir.· 1972-09-18 ·cited 4×
  The court held that probable cause for the search warrant was adequately established and that a claim of perjured testimony was not timely raised or lacked merit.
• Seaman David Alfred Tellez v. Chaffee
  467 F.2d 218· 9th Cir.· 1972-09-12 ·cited 4×·via Writ Of Habeas Corpus
  The court held that the record lacked a basis in fact for the Navy's finding of insincerity and subsequent disapproval of the discharge application.
• Hoover v. C. V. "Buster" Kern
  466 F.2d 543· 5th Cir.· 1972-09-08 ·cited 4×·via Habeas Corpus Jurisdiction
  The court held that habeas corpus jurisdiction was established because the Army's actions in arresting and detaining the petitioner within the district constituted sufficient contact, following Strait v. Laird.
• Anglin v. Caldwell
  465 F.2d 970· 5th Cir.· 1972-08-31 ·cited 4×
  The court held that the petitioner's guilty plea was entered voluntarily and knowingly, despite his claims of drug influence and misrepresentation.
• Boyce Lee Russell v. Louie L. Wainwright
  266 So. 2d 375· Fla. 4th DCA· 1972-08-31 ·cited 4×
  The court held that the defendant's claims regarding identification and the use of the victim's son as a witness lacked merit, and the conviction would not be disturbed.
• Houser v. Geary
  465 F.2d 193· 9th Cir.· 1972-08-21 ·cited 4×
  The court held that the affidavit provided sufficient probable cause to search the entire premises, including the hothouse, and therefore the search warrant was valid.
• August Williams v. Henderson
  465 F.2d 995· 5th Cir.· 1972-08-16 ·cited 4×
  The court vacated the district court's denial of habeas corpus and remanded for reconsideration.
• Dillworth v. Barker
  465 F.2d 1338· 5th Cir.· 1972-08-10 ·cited 4×
  A parolee supervised by a receiving state is considered 'in custody' for habeas corpus purposes under 28 U.S.C. § 2241, but jurisdiction may be declined on forum non conveniens grounds.
• Starnes v. Connett
  464 F.2d 524· 5th Cir.· 1972-07-25 ·cited 4×
  Time spent on parole does not reduce a sentence for a parole violator returned to prison.