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

• Briggs v. Beto
  447 F.2d 1302· 5th Cir.· 1971-09-13 ·cited 4×·via Habeas Corpus Relief
  The court held that the district court did not err in denying habeas corpus relief because the petitioner intentionally bypassed his state remedy of direct appeal.
• Calhoun v. Smith
  447 F.2d 1356· 5th Cir.· 1971-09-09 ·cited 4×
  The court held that a state prisoner must exhaust available state remedies, including perfecting an appeal to the state supreme court, before seeking federal habeas corpus relief.
• United States ex rel. William Irving v. Casscles
  448 F.2d 741· 2d Cir.· 1971-09-03 ·cited 4×
  The court held that a federal habeas corpus petition must be dismissed if any of the claims presented have not been exhausted in state courts, even if others have been.
• Hendry v. Henderson
  447 F.2d 983· 5th Cir.· 1971-09-02 ·cited 4×
  The court held that a prisoner's allegations of an involuntary guilty plea due to ignorance of charges and consequences, if true, are grounds for habeas corpus relief.
• Kendrick v. Nelson
  448 F.2d 25· 9th Cir.· 1971-08-31 ·cited 4×
  The court held that the search of the appellant's automobile was lawful under the Fourth Amendment, and his claim of ineffective assistance of counsel was without merit.
• McMILLIN v. Beto
  447 F.2d 453· 5th Cir.· 1971-08-23 ·cited 4×
  The court affirmed the dismissal of the habeas corpus petition, finding that the petitioner's claims were either waived by guilty pleas or had been adequately addressed in prior proceedings.
• Farmer v. Beto
  446 F.2d 1357· 5th Cir.· 1971-08-16 ·cited 4×
  A voluntary guilty plea negates claims of ineffective assistance of counsel regarding the death penalty or failure to advise of appellate rights, absent specific prejudice.
• Cochran v. Norvell
  446 F.2d 61· 6th Cir.· 1971-08-13 ·cited 4×
  A guilty plea entered by a counseled defendant after a coerced confession is not invalid if the coercion's impact has dissipated and the plea was otherwise voluntary.
• Cooks v. U. S. Bd. OF Parole
  447 F.2d 63· 5th Cir.· 1971-08-11 ·cited 4×
  The court held that a detainer lodged against a state prisoner for a federal parole violation, issued within the maximum sentence term, does not constitute an unconstitutional restraint, even if execution is delayed.
• Wally Shelby v. Phend
  445 F.2d 1326· 7th Cir.· 1971-07-22 ·cited 4×
  The court held that comity does not preclude a remand for a hearing on all grounds for relief in a habeas corpus petition, even if not all issues were fully exhausted in state court, when one claim has significant merit.
• Huson v. Rhay
  446 F.2d 861· 9th Cir.· 1971-07-21 ·cited 4×
  The court held that a federal habeas corpus petitioner cannot raise a claim of prosecutorial misconduct if they failed to object to the remarks at trial, as this constitutes a waiver under state procedural rules.
• Radcliff v. Cardwell
  446 F.2d 1141· 6th Cir.· 1971-07-20 ·cited 4×
  The court held that the arrests and the search of the vehicle's trunk were lawful, and the convictions should be upheld.
• United States v. LEE
  446 F.2d 350· 9th Cir.· 1971-07-20 ·cited 4×
  A district court's form order requiring all grounds for relief to be stated in the first petition cannot substitute for the procedural requirements established by the Supreme Court for considering second or successive petitions.
• Hyland v. Dep't OF Corr.
  445 F.2d 867· 1st Cir.· 1971-07-15 ·cited 4×
  The court held that a prisoner cannot apply accumulated 'blood credit' to a future sentence for a subsequent crime, and that the interpretation of state statutes is an internal matter not raising constitutional issues.
• United States ex rel. Samuel Valentine v. Zelker
  446 F.2d 857· 2d Cir.· 1971-07-15 ·cited 4×
  The court held that the pretrial identification procedure, viewed in totality of circumstances, was not so unnecessarily suggestive as to violate due process and taint the in-court identification.
• United States ex rel. Frank Grano, Jr. v. Anderson
  446 F.2d 272· 3d Cir.· 1971-07-09 ·cited 4×
  The court held that the affidavit accompanying the extradition demand was sufficient to establish probable cause for the burglary charge and the accused's involvement.
• Alvis v. Kimbrough
  446 F.2d 548· 5th Cir.· 1971-07-08 ·cited 4×
  The court held that the denial of habeas corpus relief must be vacated and remanded to determine if the appellants were advised of their right to counsel and intelligently waived it.
• Rought v. Henderson
  445 F.2d 622· 5th Cir.· 1971-07-06 ·cited 4×
  The court held that the failure of court-appointed counsel to advise the appellant of his appellate rights and to act to preserve those rights constituted an effective denial of constitutionally protected rights.
• Delbert R. Crosswhite v. Swenson
  444 F.2d 648· 8th Cir.· 1971-06-30 ·cited 4×
  The federal court did not err in dismissing a habeas corpus petition without an evidentiary hearing, as the state courts had fully and fairly litigated the constitutional issues.
• Norwood Lee Wilson v. Louie L. Wainwright
  445 F.2d 837· 5th Cir.· 1971-06-29 ·cited 4×
  The court held that the district court did not err in denying the state prisoner's petition for a writ of habeas corpus.
• Edwards v. Beto
  446 F.2d 18· 5th Cir.· 1971-06-22 ·cited 4×
  The court held that the state courts did not err in finding the confession voluntary and that the federal standard for confession admissibility was met.
• United States ex rel. Joseph Randazzo v. Hon. Harold W. Follette
  444 F.2d 625· 2d Cir.· 1971-06-17 ·cited 4×
  The court held that the petitioner is not required to show prejudice to have his appeal reinstated and that the case must be remanded for a hearing on whether his appeal was improperly frustrated due to indigency or ineffective assistance of counsel.
• Landman v. Mitchell
  445 F.2d 274· 5th Cir.· 1971-06-16 ·cited 4×
  A prisoner is not entitled to credit for pre-sentence custody time if the sentences were imposed before the effective date of the 1960 amendment to 18 U.S.C. § 3568 and did not involve mandatory minimums or exceed statutory maximums.
• Turco v. Warden, Baltimore City Jail
  444 F.2d 56· 4th Cir.· 1971-06-11 ·cited 4×·via Writ Of Habeas Corpus
  The court affirmed the district court's denial of the petition for a writ of habeas corpus and removal of the criminal prosecution.
• United States ex rel. Edward Henderson (H-6460) v. Mazurkiewicz
  443 F.2d 1135· 3d Cir.· 1971-06-08 ·cited 4×
  The court held that probable cause existed for the search warrant, despite the district court's finding to the contrary.
• Forrest Cummings Green v. Turner
  443 F.2d 832· 10th Cir.· 1971-06-07 ·cited 4×
  The court held that the rule established in Boykin v. Alabama should not be applied retroactively to arraignments that occurred prior to its decision.
• Bolen v. Laird
  443 F.2d 457· 2d Cir.· 1971-05-27 ·cited 4×
  The court held that the Navy's denial of the conscientious objector application lacked a sufficient basis in fact, requiring reprocessing.
• United States ex rel. Joseph Vacca, Jr. v. Commanding Officer
  446 F.2d 1079· 2d Cir.· 1971-05-20 ·cited 4×
  The court held that a college's letter stating a registrant was enrolled full-time should be considered prima facie evidence, not conclusive proof, of meeting requirements for a I-S(C) deferment.
• Smiley v. State OF Cal.
  442 F.2d 1026· 9th Cir.· 1971-05-17 ·cited 4×
  The court held that the district court erred in denying an evidentiary hearing on the voluntariness of the appellant's confession and on whether the failure to object to its admission constituted a deliberate bypass of state court procedures.
• Ortiz v. Craven
  442 F.2d 418· 9th Cir.· 1971-05-12 ·cited 4×
  The court held that the district court's denial of the petition for a writ of habeas corpus was proper, as there was sufficient probable cause for the arrest and any constitutional error was harmless.
• Jiles v. Beto
  442 F.2d 569· 5th Cir.· 1971-05-10 ·cited 4×
  The court held that the state made a good faith effort to show the petitioner was represented by counsel, and an evidentiary hearing was unnecessary.
• Griffith v. Warden, Nev. State Prison
  442 F.2d 302· 9th Cir.· 1971-05-10 ·cited 4×
  The court held that the appellant's guilty plea was knowing and intelligent, and that the state trial judge's colloquy was sufficient under the law at the time.
• Albertson v. Johnson
  440 F.2d 1201· 6th Cir.· 1971-04-23 ·cited 4×
  A Michigan state prisoner must exhaust state court remedies, including a delayed appeal to the Michigan Supreme Court, before filing a federal habeas corpus action.
• Bernier v. Moore
  441 F.2d 395· 1st Cir.· 1971-04-22 ·cited 4×
  A defendant seeking habeas corpus relief is not entitled to further federal review simply by making conclusory allegations without showing entitlement.
• United States ex rel. Fred Carter v. Hon. J. Edwin LaVALLEE
  441 F.2d 620· 2d Cir.· 1971-04-14 ·cited 4×
  The court affirmed the denial of the habeas corpus petition, finding the appellant failed to prove reliance on a broken sentencing promise.
• Swift v. Commandant
  440 F.2d 1074· 10th Cir.· 1971-04-13 ·cited 4×
  The court held that the petitioner's jurisdictional argument, based on O'Callahan v. Parker, was previously decided adversely and thus barred.
• Holscher v. Young
  440 F.2d 1283· 8th Cir.· 1971-04-06 ·cited 4×
  The court held that the defendant was not entitled to resentencing or credit for time served on a vacated prior conviction, and that the modification of his sentence did not violate his constitutional rights.
• Fitts v. United States
  439 F.2d 769· 10th Cir.· 1971-04-05 ·cited 4×
  The court held that the failure to immediately execute a mandatory release violator's warrant does not deprive the sentencing court of discretion regarding concurrent sentences or entitle the appellant to release.
• Woods v. State OF Tex.
  440 F.2d 1347· 5th Cir.· 1971-04-05 ·cited 4×
  The court held that a prisoner is not entitled to federal habeas relief for the denial of counsel in a parole revocation proceeding.
• Alesi v. Craven
  440 F.2d 975· 9th Cir.· 1971-04-01 ·cited 4×
  The court held that statements coerced during plea negotiations and a subsequent probation interview are involuntary and cannot be used for impeachment, even after Harris v. New York.
• Elbert Scott v. Perini
  439 F.2d 1066· 6th Cir.· 1971-03-31 ·cited 4×·via Habeas Corpus Review
  The court held that a prosecutor's comment on a co-defendant's failure to testify could prejudice a defendant who did testify, warranting habeas corpus relief.
• United States ex rel. Horace Laws v. Yeager
  448 F.2d 74· 3d Cir.· 1971-03-31 ·cited 4×
  The court held that the exclusion of a single spectator (the witness's mother) during cross-examination, the denial of severance, and the jury instruction regarding juvenile transgressions did not violate the defendant's constitutional rights. The court also found the search warr
• United States ex rel. Arthur Holliday and Albert C. Daniels v. Adams
  443 F.2d 7· 2d Cir.· 1971-03-26 ·cited 4×
  The appellate court affirmed the district court's denial of habeas corpus relief, finding that the admission of evidence of a second assault did not deprive the appellants of a constitutional right.
• Pritchard v. Henderson
  440 F.2d 660· 5th Cir.· 1971-03-19 ·cited 4×
  The court held that the district court did not err in denying a successive habeas corpus petition when the issue presented had already been adjudicated and there was no supervening change in law.
• Rodeheaver v. Louie L. Wainwright
  245 So. 2d 633· Fla. 1st DCA· 1971-03-18 ·cited 4×
  Habeas corpus petition to set aside a guilty plea from 1965 is denied because Boykin v. Alabama, which requires disclosure of voluntary and understanding guilty pleas, does not apply retroactively to pre-1969 pleas.
• Barnett v. United States
  439 F.2d 801· 6th Cir.· 1971-03-18 ·cited 4×·via Habeas Corpus Review
  The court held that the district court properly denied the motion to vacate sentence because the appellant's allegations were unsubstantiated and the issues raised had already been decided.
• GUY v. Ciccone
  439 F.2d 400· 8th Cir.· 1971-03-17 ·cited 4×
  The appeal is dismissed as moot because the appellant is no longer confined and his conviction has been set aside.
• United States ex rel. Anthony Russo v. The State OF NEW Jersey & the Principal Keeper of the State Prison at Trenton
  438 F.2d 1343· 3d Cir.· 1971-03-12 ·cited 4×
  The court affirmed the District Court's denial of habeas corpus, finding confessions voluntary and procedural requirements met. The court also remanded a new statutory challenge for exhaustion of state remedies.
• Walker v. Smith
  439 F.2d 392· 5th Cir.· 1971-03-04 ·cited 4×
  The court held that the district court erred in denying federal habeas corpus relief without a hearing, as the record did not support a finding of deliberate bypass of state appellate remedies or an adequate state hearing.
• Anderson v. Henderson
  439 F.2d 711· 5th Cir.· 1971-03-04 ·cited 4×·via Habeas Corpus Relief
  A guilty plea entered after reliance on competent counsel's advice is considered voluntary and cannot be challenged as coerced.