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

• Goins v. Brierley
  464 F.2d 947· 3d Cir.· 1972-07-19 ·cited 4×
  The burden is on the habeas corpus petitioner to prove that a confession was used at trial, especially in old cases where evidence is scarce.
• Prince v. Bailey
  464 F.2d 544· 5th Cir.· 1972-07-19 ·cited 4×
  The appellate court affirmed the dismissal of the habeas corpus petition, but on jurisdictional grounds rather than the merits of the speedy trial claim.
• United States ex rel. Patrick J. Gomes v. State OF NEW Jersey & Howard Yeager
  464 F.2d 686· 3d Cir.· 1972-07-12 ·cited 4×
  The Sixth Amendment right to counsel does not extend to pre-indictment lineups, and the identification procedure used was not unnecessarily suggestive.
• Still v. Commanding Officer
  463 F.2d 991· 5th Cir.· 1972-07-10 ·cited 4×
  The court held that the district court possessed habeas corpus jurisdiction to review the Army's denial of a conscientious objector discharge, despite the petitioner not being in custody within the district.
• United States ex rel. William A. WAX v. Twomey
  465 F.2d 352· 7th Cir.· 1972-07-05 ·cited 4×
  The court held that the petitioner's contentions lacked merit and affirmed the dismissal of his habeas corpus petition.
• Castel Venable v. Neil
  463 F.2d 1167· 6th Cir.· 1972-06-30 ·cited 4×
  A petitioner is entitled to an evidentiary hearing on claims of ineffective assistance of counsel if the allegations, if true, would establish a constitutional violation.
• Parson v. Beto
  463 F.2d 249· 5th Cir.· 1972-06-27 ·cited 4×
  The court held that the district court did not err in dismissing the petition without prejudice because the appellant failed to exhaust his available state remedies.
• Sandoval v. Rodriguez
  461 F.2d 1097· 10th Cir.· 1972-06-22 ·cited 4×
  The court held that the federal district court erred in dismissing the claim regarding the jury instruction on failure to testify for failure to exhaust state remedies, but that the instruction and any alleged prosecutorial comment were not constitutional violations or were harml
• Thomas v. Beto
  461 F.2d 244· 5th Cir.· 1972-06-13 ·cited 4×
  The court held that the petitioner had exhausted state remedies on the claim that the prosecutor displayed his criminal record to the jury, and thus the district court should consider the claim on its merits.
• Taylor v. State OF Ala.
  465 F.2d 376· 5th Cir.· 1972-06-08 ·cited 4×
  A conviction is not invalidated by the fact that the defendant was brought within the court's jurisdiction by forcible abduction.
• Dorman v. State
  263 So. 2d 207· Fla.· 1972-06-07 ·cited 4×
  Dorman filed a habeas corpus petition challenging the constitutionality of his guilty plea to charges of sodomy with a child, alleging he was promised hospitalization rather than imprisonment if he pled guilty. The Florida Supreme Court granted relief and appointed a commissioner
• Murphy v. Hoyt C. Cupp
  461 F.2d 1006· 9th Cir.· 1972-05-30 ·cited 4×
  The court held that the search of the defendant's fingernails was unconstitutional as it was conducted without a warrant and without exigent circumstances. The evidence obtained from this search should not have been admitted at trial.
• Conley v. Beto
  460 F.2d 210· 5th Cir.· 1972-05-16 ·cited 4×
• Briest v. United States Bureau OF Prisons
  459 F.2d 284· 8th Cir.· 1972-05-12 ·cited 4×·via Petition For Writ Of Habeas Corpus
  The court held that consecutive sentences must be aggregated to compute good time deductions, and good time credit is served as parole time after release.
• Cannon v. Sigler
  460 F.2d 311· 8th Cir.· 1972-05-11 ·cited 4×
  The court held that the in-court identification of the petitioner rested upon a basis independent of any taint from the improper lineup procedures.
• United States ex rel. Sandy Barnwell H-9446 v. Rundle
  461 F.2d 768· 3d Cir.· 1972-05-10 ·cited 4×
  The court denied the Commonwealth's motion for a stay of the district court's order and the appellee's motion for release from parole supervision.
• Tramel v. State OF Idaho
  459 F.2d 57· 10th Cir.· 1972-05-10 ·cited 4×
  Inordinate and inexcusable delay in state court process may constitute a denial of due process, necessitating federal court intervention.
• Smith v. Yeager
  459 F.2d 124· 3d Cir.· 1972-04-26 ·cited 4×
  A counseled guilty plea entered under then-applicable law forecloses a collateral attack on that plea based on later pronouncements requiring counsel at juvenile certification proceedings.
• United States ex rel. Stephen Radich v. The Crim. Court OF the City OF NEW York
  459 F.2d 745· 2d Cir.· 1972-04-26 ·cited 4×
  An affirmance of a state court conviction by an equally divided Supreme Court does not constitute an actual adjudication on the merits for the purposes of barring a federal habeas corpus petition.
• United States ex rel. Milton Ellington v. Hon. J. P. Conboy
  459 F.2d 76· 2d Cir.· 1972-04-24 ·cited 4×
  The court held that the district court's order should be vacated and the petitioner given an opportunity to amend his habeas corpus application.
• State of Fla. ex rel. Frank Cocchiaro v. Purdy
  260 So. 2d 556· Fla. 3d DCA· 1972-04-19 ·cited 4×·via Writ Of Habeas Corpus
  Florida state appellate court affirmed the extradition of Cocchiaro to New Jersey on a criminal contempt charge, holding that the circuit court properly limited habeas corpus review to narrow constitutional grounds and that the evidence satisfied all requirements for extradition.
• Steed v. Salisbury
  459 F.2d 475· 6th Cir.· 1972-04-13 ·cited 4×
  The court held that the appellant failed to exhaust his state court remedies regarding his claim of ineffective assistance of counsel and denial of appeal.
• Hopkins v. Louie L. Wainwright
  458 F.2d 393· 5th Cir.· 1972-04-06 ·cited 4×
  The court held that the district court correctly denied the petition for a writ of habeas corpus.
• United States ex rel. Victor E. Taylor v. Rundle
  456 F.2d 1245· 3d Cir.· 1972-02-16 ·cited 4×
  The court held that the defendant was deprived of the effective assistance of counsel under the circumstances.
• Waymond Gene Small v. State OF Ariz. ex rel. Frank A. Eyman
  455 F.2d 456· 9th Cir.· 1972-02-15 ·cited 4×
  The district court correctly denied the habeas corpus petition because the state court proceedings were constitutionally sufficient and supported by the record.
• United States ex rel. Russell Brown H-6127 v. Russell
  455 F.2d 464· 3d Cir.· 1972-02-10 ·cited 4×·via Habeas Corpus Review
  The court held that the trial judge's conduct did not rise to the level of a due process violation, and therefore habeas corpus relief was not warranted.
• Terry v. Wingo
  454 F.2d 694· 6th Cir.· 1972-02-08 ·cited 4×
  Federal habeas corpus relief may be granted without requiring exhaustion of state remedies if circumstances render the state corrective process ineffective.
• Armstrong v. Hon. Melvin Laird
  456 F.2d 521· 1st Cir.· 1972-02-01 ·cited 4×
  The court held that the rejection of the conscientious objector application lacked a factual basis in the record, particularly concerning the religious belief requirement.
• Imhoff v. Sheriff Clarence Jones
  453 F.2d 894· 5th Cir.· 1972-01-14 ·cited 4×·via Federal Habeas Corpus
  The order denying a petition for habeas corpus without prejudice to reapply after exhausting state remedies is affirmed.
• Comulada v. Pickett
  455 F.2d 230· 7th Cir.· 1972-01-12 ·cited 4×
  The court held that a habeas corpus petition is the proper vehicle to seek credit for time served pending appeal, and that the election to delay commencement of sentence was likely involuntary and requires an evidentiary hearing.
• Pace v. Clark
  453 F.2d 411· 5th Cir.· 1972-01-11 ·cited 4×
  The court held that a federal prisoner must exhaust administrative remedies before seeking habeas corpus relief for credit on his federal sentence for time spent in state custody.
• Weaver v. State OF Tex.
  453 F.2d 1226· 5th Cir.· 1972-01-05 ·cited 4×·via Federal Habeas Corpus
  Federal habeas corpus is not available to challenge the validity of a state conviction after the sentence has been completely served unless the petitioner proves they are under some form of restraint by virtue of the conviction.
• Kearns v. Field
  453 F.2d 349· 9th Cir.· 1971-12-21 ·cited 4×
  The district court correctly followed the appellate mandate by only considering whether the promised recommendation was made, as issues implicitly decided on appeal cannot be reconsidered on remand.
• Cindle v. Page
  452 F.2d 752· 10th Cir.· 1971-12-20 ·cited 4×
  The court held that a state prisoner is not entitled to habeas corpus relief for lack of counsel at a preliminary hearing if the defect was waived by entering a plea without objection, and other claims were without merit.
• Wallace v. Chafee
  451 F.2d 1374· 9th Cir.· 1971-12-15 ·cited 4×
  The court held that a reservist's voluntary acceptance of orders subjecting them to the Uniform Code of Military Justice (UCMJ) prior to taking the enlistment oath is valid, and that the court-martial had jurisdiction.
• Phillips v. Allen
  255 So. 2d 528· Fla.· 1971-12-08 ·cited 4×
  The Florida Supreme Court granted a habeas corpus petition by an indigent defendant who challenged sentencing that forced him to choose jail time solely because he could not afford fines. After the Municipal Court modified the sentences by vacating the fines and reducing confinem
• United States ex rel. Joseph Kachinski v. Cavell
  453 F.2d 581· 3d Cir.· 1971-12-07 ·cited 4×
  The court held that the record does not show an actual conflict of interest that denied the relator effective assistance of counsel, even though his attorney had previously represented a key witness in an unrelated matter.
• Robideau v. Rhay
  452 F.2d 605· 9th Cir.· 1971-12-07 ·cited 4×
  The court held that the prosecutor's comment on the petitioner's exercise of his Fifth Amendment right was harmless beyond a reasonable doubt.
• McGARRITY v. Beto
  452 F.2d 1206· 5th Cir.· 1971-11-30 ·cited 4×
  The denial of habeas corpus relief is affirmed because the district court's findings of fact were not clearly erroneous.
• Lucas v. The State OF Tex.
  451 F.2d 390· 5th Cir.· 1971-11-23 ·cited 4×
  The dissenting judge believes the case requires fact-finding by a lower court, not appellate review of a cold record, due to disputed facts regarding an in-court identification following a potentially suggestive lineup.
• Peckat v. Captain James Lutz
  451 F.2d 366· 4th Cir.· 1971-11-15 ·cited 4×
  The court held that the Army failed to provide a rational basis for denying the serviceman's conscientious objector claim, and therefore, the district court properly granted habeas corpus.
• Meacham v. Beto
  451 F.2d 187· 5th Cir.· 1971-11-11 ·cited 4×
  The court held that a federal habeas corpus petition may be dismissed without prejudice for failure to exhaust state remedies on all claims, even if some claims have been exhausted.
• Woods v. United States
  449 F.2d 740· 5th Cir.· 1971-10-25 ·cited 4×
  The court held that a federal prisoner is not entitled to credit for time spent on mandatory release, and that earned good time cannot be revoked.
• Newberry v. Wingo
  449 F.2d 344· 6th Cir.· 1971-10-21 ·cited 4×
  Conviction obtained without affording appointed counsel adequate time to prepare for trial violates due process and cannot stand.
• Barbara v. Johnson
  449 F.2d 1235· 6th Cir.· 1971-10-19 ·cited 4×
  The court held that the trial court's cautionary instructions to the jury cured any prejudice arising from unsolicited references to the Mafia, and thus the petitioner was not denied a fair trial.
• Dillen v. Louie L. Wainwright
  449 F.2d 331· 5th Cir.· 1971-10-01 ·cited 4×·via Habeas Corpus Relief
  The denial of a bill of particulars in a state criminal trial does not rise to constitutional proportions for federal habeas relief, nor does the prosecution's failure to disclose witnesses constitute grounds for relief if they could have been discovered with reasonable diligence
• DIX v. Resor
  449 F.2d 317· 2d Cir.· 1971-09-24 ·cited 4×
  The court held that there was a basis in fact for the Army's decision denying the petitioner's conscientious objector status, and thus the petition for habeas corpus was properly dismissed.
• Pinkus v. Pearson
  449 F.2d 162· 9th Cir.· 1971-09-23 ·cited 4×
  The court held that the Army's finding of insincerity lacked a basis in fact, requiring discharge for the conscientious objector. The denial of the habeas corpus petition was erroneous.
• Jones v. Beto
  448 F.2d 1259· 5th Cir.· 1971-09-22 ·cited 4×
  The court held that the district court failed to make required findings of fact and conclusions of law on several of the petitioner's habeas corpus claims.
• Jones v. Crouse
  447 F.2d 1395· 10th Cir.· 1971-09-16 ·cited 4×
  The court held that the affidavits presented a sufficient basis for the magistrate to find probable cause to issue the search warrants.