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

• Bortree v. Resor
  445 F.2d 776· D.C. Cir.· 1971-03-02 ·cited 4×
  The court held that the Army's disapproval of Private Bortree's application for discharge as a conscientious objector lacked a factual basis.
• Arciniega v. Freeman
  439 F.2d 776· 9th Cir.· 1971-03-01 ·cited 4×
  The court held that the Parole Board had a sufficient basis to revoke parole and that the admission of evidence was proper.
• Curry v. Brown
  440 F.2d 259· D.C. Cir.· 1971-02-10 ·cited 4×
  The court affirmed the grant of summary judgment because the patient's claims were frivolous, but criticized the procedural method used by the district court.
• L. v. Haire
  437 F.2d 1262· 8th Cir.· 1971-02-05 ·cited 4×
  Voluntary, spontaneous statements made by a defendant in custody, without interrogation, are admissible even without Miranda warnings, and such statements can constitute consent to search.
• Holloway v. COX
  437 F.2d 412· 4th Cir.· 1971-01-29 ·cited 4×
  Federal courts reviewing state convictions via habeas corpus need only determine if 'some evidence' supports the conviction, not re-evaluate proof beyond a reasonable doubt.
• Miller v. United States
  437 F.2d 1199· 6th Cir.· 1971-01-25 ·cited 4×
  The court held that the district court erred in granting the petition for writ of habeas corpus, adhering to established Sixth Circuit precedent on the retroactivity of the Leary decision.
• Juelich v. United States Bd. OF Parole
  437 F.2d 1147· 7th Cir.· 1971-01-18 ·cited 4×
  The determination of a parole eligibility date is within the discretion of the Parole Board and not subject to challenge based on the arguments presented.
• Perry v. Jones
  437 F.2d 758· 5th Cir.· 1971-01-05 ·cited 4×·via Federal Habeas Corpus
  The court held that the petitioner has not exhausted state remedies, as the Texas appellate courts have not yet ruled on his allegations of error.
• United States ex rel. William E. Baity E-1152 v. Maroney
  435 F.2d 1254· 3d Cir.· 1970-12-29 ·cited 4×
  The court held that the appellant failed to meet his burden of proving his guilty plea was not intelligent, and that the Boykin rule does not apply retroactively.
• United States ex rel. Lt. Norman Slade Conrad v. Col. John H. Hoffman
  435 F.2d 1273· 7th Cir.· 1970-12-28 ·cited 4×
  The court held that the district court erred in applying an overly narrow interpretation of 'religious training and belief' for conscientious objector status, requiring reversal.
• Streets v. Louie L. Wainwright
  436 F.2d 962· 5th Cir.· 1970-12-11 ·cited 4×
  A guilty plea stands if entered by one aware of consequences, unless induced by threats, misrepresentation, or improper promises.
• Hanks v. Wideman
  434 F.2d 256· 5th Cir.· 1970-11-30 ·cited 4×
  The court held that the erroneous transfer of a prisoner to federal custody, followed by his return to state custody, did not constitute a waiver of federal jurisdiction, especially when a detainer was in place and the prisoner ultimately benefited from the error.
• WAY v. Gaffney
  434 F.2d 996· 10th Cir.· 1970-11-12 ·cited 4×
  An ex parte order extending the time for appeal is void ab initio if not made within the initial time allowed by Rule 4(a), F.R.App.P.
• Eason v. Beto
  434 F.2d 240· 5th Cir.· 1970-11-04 ·cited 4×
  The court held that a guilty plea is not invalid solely because it resulted from plea bargaining, and the state court's findings were supported by ample basis.
• Taylor v. Beto
  433 F.2d 979· 5th Cir.· 1970-10-28 ·cited 4×
  The court held that an evidentiary hearing is required to determine if the appellant knowingly waived his right to counsel in a prior federal conviction used for sentence enhancement.
• Boone v. COX
  433 F.2d 343· 4th Cir.· 1970-10-20 ·cited 4×·via Federal Habeas Corpus
  The court held that the search of the automobile was lawful, even though the affidavit for the search warrant was deficient, because probable cause existed independently of the warrant.
• Hoggatt v. Page
  432 F.2d 41· 10th Cir.· 1970-09-28 ·cited 4×
  The court affirmed the district court's denial of habeas corpus relief because the appellant failed to raise the issue of lack of counsel on appeal in the state courts and failed to exhaust state remedies.
• Anderson v. Nelson
  432 F.2d 55· 9th Cir.· 1970-09-28 ·cited 4×
  The court held that the district court must review the state court record to determine if the petitioner's constitutional rights were violated, especially regarding the admissibility of his confession.
• Collins v. O'Connor
  431 F.2d 427· 5th Cir.· 1970-09-23 ·cited 4×
  The court held that the district court did not err in denying the habeas corpus petition, affirming the denial of relief.
• United States ex rel. Venson Eugene Williams v. Dutton
  431 F.2d 70· 5th Cir.· 1970-09-09 ·cited 4×
  The court held that an in camera examination of evidence is adequate for discovery in this criminal case, and the rationale of Alderman v. United States does not apply.
• Zelma C. Wyche v. Hester
  431 F.2d 791· 5th Cir.· 1970-08-25 ·cited 4×
• Serviss v. Moseley
  430 F.2d 1287· 10th Cir.· 1970-08-20 ·cited 4×
  The court held that the appellant knowingly and intelligently waived his rights and admitted to violations, and that the district court's findings were supported by the evidence.
• Harrell King v. Beto
  429 F.2d 485· 5th Cir.· 1970-07-22 ·cited 4×
  The court held that the district court correctly denied the petition for a writ of habeas corpus, affirming the denial.
• Lynwood O'Neal, Jr. v. Beto
  428 F.2d 1164· 5th Cir.· 1970-07-17 ·cited 4×
  The court held that a federal court need not remand a habeas corpus case to state court for exhaustion of remedies when the state appellate court has already decided the precise legal issue adversely to the petitioner.
• Buel v. Decker
  429 F.2d 1314· 5th Cir.· 1970-07-17 ·cited 4×
  The court held that the district court correctly denied habeas corpus relief for failure to exhaust state remedies.
• Daniel v. Louie L. Wainwright
  237 So. 2d 832· Fla. 2d DCA· 1970-07-15 ·cited 4×
  The court held that petitioner is entitled to full appellate review of his conviction via habeas corpus due to procedural entanglements that deprived him of his direct appeal rights.
• Ouletta v. Sarver
  428 F.2d 804· 8th Cir.· 1970-07-10 ·cited 4×
  The court held that the defendant's statement was voluntary and not subject to Miranda warnings because he was not in custody.
• Parshay v. Buchkoe
  427 F.2d 978· 6th Cir.· 1970-06-26 ·cited 4×
  The court held that a defendant's acknowledgment of understanding his rights, coupled with a guilty plea, constitutes a knowing and intelligent waiver of counsel, even without an express waiver.
• Clarke v. Neil
  427 F.2d 1322· 6th Cir.· 1970-06-12 ·cited 4×
  The court held that the seizure of evidence was lawful because it was obtained with consent during a lawful search, and the defendant had no reasonable expectation of privacy.
• United States ex rel. Clifford Brown v. Rundle
  427 F.2d 223· 3d Cir.· 1970-06-12 ·cited 4×
  The court held that the district court did not abuse its discretion in ordering the release of a state prisoner when the state failed to resentence him within the prescribed time.
• Daegele v. Crouse
  429 F.2d 503· 10th Cir.· 1970-06-10 ·cited 4×
  The court held that the petitioner had not exhausted state remedies because he had a direct appeal pending in the Kansas Supreme Court regarding his resentencing.
• Wooden v. State
  236 So. 2d 137· Fla. 1st DCA· 1970-06-09 ·cited 4×
  Otis Wooden petitioned for habeas corpus relief, challenging his conviction and 30-year sentence for forcible rape. The court granted relief because Wooden's court-appointed counsel unconstitutionally refused to pursue a direct appeal after Wooden explicitly requested one, thereb
• Darden v. Louie L. Wainwright
  236 So. 2d 139· Fla. 2d DCA· 1970-06-03 ·cited 4×·via Writ Of Habeas Corpus
  A petition for writ of habeas corpus is not the proper method to challenge alleged errors that should have been raised in a motion under CrPR 1.850, unless specific criteria are met.
• Austin v. Louie L. Wainwright
  427 F.2d 1165· 5th Cir.· 1970-05-28 ·cited 4×
  The court held that the district court erred in denying a claim of perjured testimony because it was not previously adjudicated, but affirmed the denial of other claims, including ineffective assistance of counsel and refusal to instruct on lesser offenses.
• Houser v. United States
  426 F.2d 817· 6th Cir.· 1970-05-27 ·cited 4×
  The rule in Leary v. United States should not be retroactively applied to cases where a guilty plea was entered before Leary was decided.
• Stout v. Hoyt C. Cupp
  426 F.2d 881· 9th Cir.· 1970-05-20 ·cited 4×
  The court held that the District Court's dismissal of the habeas corpus petition was correct because the suppressed information was not material and the confession was admissible.
• Campbell v. Honorable J. E. Weatherford
  427 F.2d 131· 5th Cir.· 1970-05-20 ·cited 4×
  The court held that the civil rights action was barred by the applicable state statute of limitations.
• United States ex rel. Donald Somerville v. State OF Ill.
  429 F.2d 1335· 7th Cir.· 1970-05-14 ·cited 4×
  The court held that jeopardy attached when the jury was impaneled, and a subsequent dismissal by the government barred retrial.
• Larson v. Swenson
  425 F.2d 1076· 8th Cir.· 1970-05-13 ·cited 4×
  The court held that a state prisoner must exhaust available state remedies before seeking federal habeas corpus relief.
• Kirby v. Beto
  426 F.2d 258· 5th Cir.· 1970-05-12 ·cited 4×
  The court held that the search was legal and the petitioner was not denied due process of law, affirming the district court's denial of habeas corpus relief.
• United States ex rel. Raymond Lawson v. Cavell
  425 F.2d 1350· 3d Cir.· 1970-05-07 ·cited 4×
  The court held that the relator was not entitled to a second evidentiary hearing and that the parole board's actions did not violate constitutional rights.
• Woodbury v. Beto
  426 F.2d 923· 5th Cir.· 1970-05-07 ·cited 4×
  The court affirmed the district court's denial of the petitioner's application for a writ of habeas corpus.
• Bennett v. State OF Md.
  425 F.2d 181· 4th Cir.· 1970-04-28 ·cited 4×
  The court held that the trial counsel's performance was not so inadequate as to constitute a denial of the Sixth Amendment right to counsel.
• Duennebeil v. Turner
  425 F.2d 1207· 10th Cir.· 1970-04-28 ·cited 4×
  A mandatory releasee is not entitled to appointed counsel at a post-revocation hearing if they admit the factual issues constituting a violation of their release conditions.
• Webb Washington v. Beto
  424 F.2d 1035· 5th Cir.· 1970-04-24 ·cited 4×·via Writ Of Habeas Corpus
  The court held that the district court's denial of habeas corpus relief was based on an inadequate factual basis and remanded for further proceedings.
• Hernandez v. Schneckloth
  425 F.2d 89· 9th Cir.· 1970-04-20 ·cited 4×
  The court held that the petitioner's claims of due process violations were without merit and that dismissal of his habeas corpus petition was warranted.
• Jenkins v. Kropp
  424 F.2d 665· 6th Cir.· 1970-04-15 ·cited 4×
  The court held that the district court erred by not examining the state court record or conducting an evidentiary hearing regarding claims of prejudicial publicity affecting the fairness of the trial.
• United States ex rel. Sherman Walters H-2301 v. Rundle
  424 F.2d 488· 3d Cir.· 1970-04-13 ·cited 4×
  The court held that the denial of direct appellate review was not prejudicial because the Pennsylvania Post-Conviction Hearing Act provided adequate relief.
• Taylor v. State OF Ariz.
  424 F.2d 271· 9th Cir.· 1970-03-31 ·cited 4×·via Federal Habeas Corpus
  The court held that the district court erred in dismissing the habeas petition without a proper harmless error analysis and potentially without determining exhaustion of state remedies.
• State of Fla. ex rel. Charles Ray Arnold v. State
  233 So. 2d 173· Fla. 3d DCA· 1970-03-23 ·cited 4×
  Charles Ray Arnold sought habeas corpus relief after his court-appointed attorney failed to file a timely appeal from his second-degree murder conviction. The Florida District Court of Appeal held that the failure of appointed counsel to perfect an appeal constitutes state action