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

• Bosler v. Swenson
  423 F.2d 257· 8th Cir.· 1970-03-19 ·cited 4×
  The court held that federal habeas corpus relief was properly denied without prejudice because state remedies had not been exhausted, and the state court had since resolved the pending motion.
• Cook v. Beto
  425 F.2d 1066· 5th Cir.· 1970-03-19 ·cited 4×
  The court held that the district court's findings of fact were not clearly erroneous and were supported by the record, affirming the denial of the habeas corpus petition.
• Dempsey Edward Horn v. Beto
  423 F.2d 583· 5th Cir.· 1970-03-18 ·cited 4×
  The court held that the district court correctly denied the habeas corpus petition for failure to exhaust state remedies.
• Caldwell v. State
  232 So. 2d 427· Fla. 1st DCA· 1970-03-10 ·cited 4×
  Kenneth Caldwell sought habeas corpus relief from his five-year escape sentence, arguing that his escape was not unlawful because the two-year sentence he was serving when he escaped was itself invalid under an earlier Calloway Brown ruling. The court rejected this argument becau
• Pratt v. State
  232 So. 2d 248· Fla. 2d DCA· 1970-02-27 ·cited 4×
  The court held that the motion was insufficient under Rule 1.850, but the issue raised could be grounds for a habeas corpus petition.
• Ramon v. Hoyt C. Cupp
  423 F.2d 248· 9th Cir.· 1970-02-26 ·cited 4×
  The court held that a warrantless search of an automobile conducted 32 hours after the arrest of its owner, when both the owner and the vehicle were in police custody and no forfeiture proceedings had been initiated, was unreasonable and violated the Fourth Amendment.
• White v. Gnann
  422 F.2d 1306· 5th Cir.· 1970-02-19 ·cited 4×
  The court held that a guilty plea entered voluntarily and understandingly waives all prior non-jurisdictional defects, and affirmed the denial of habeas corpus relief.
• Hill v. Beto
  422 F.2d 840· 5th Cir.· 1970-02-19 ·cited 4×
  Convictions by separate sovereigns for separate offenses do not constitute double jeopardy, and other claims lacked merit.
• Purdy v. Evans
  231 So. 2d 836· Fla.· 1970-02-11 ·cited 4×
  The Florida Supreme Court reversed a trial court's habeas corpus decision that invalidated Dade County's DUI ordinance for failing to provide jury trial rights. The court held that the ordinance must comply with state statutory provisions requiring jury trial opportunities in DUI
• United States ex rel. Calvin Frizer v. McMANN
  437 F.2d 1309· 2d Cir.· 1970-01-27 ·cited 4×
  The court held that the identification procedure was not impermissibly suggestive and the delay in trial did not violate the defendant's speedy trial rights without a showing of prejudice.
• Denzil R. Allen v. Rolland F. VanCANTFORT
  420 F.2d 525· 1st Cir.· 1970-01-13 ·cited 4×
  Civilian courts should not entertain habeas corpus petitions from military prisoners until all available military remedies have been invoked, even if constitutional claims are raised.
• United States ex rel. Lyman Austin Moore v. Woods
  420 F.2d 1260· 7th Cir.· 1970-01-13 ·cited 4×
  The court held that the district court did not err in dismissing the habeas corpus petition, finding no denial of due process, Fourth Amendment, or Fifth Amendment rights.
• Evans v. Ward Lane
  419 F.2d 1337· 7th Cir.· 1970-01-07 ·cited 4×
  The court held that the petitioner must first exhaust available state remedies under new post-conviction rules before seeking federal habeas corpus relief.
• Gausmann v. Laird
  422 F.2d 394· 9th Cir.· 1969-12-22 ·cited 4×
  The court held that the evidence fully supported the trial court's determination that no fraudulent guarantee regarding assignment was made to the petitioner.
• Canavari v. Richardson
  419 F.2d 1287· 9th Cir.· 1969-12-19 ·cited 4×
  Time spent on parole does not count towards a federal sentence, even if the parole is later revoked.
• Hinkle v. Ohio Parole Auth.
  419 F.2d 130· 6th Cir.· 1969-12-16 ·cited 4×
  A state is not constitutionally required to provide parole, and if it does, it may stipulate the terms for revocation without a hearing.
• Domer v. Smith
  422 F.2d 831· 7th Cir.· 1969-12-10 ·cited 4×
  A federal prisoner must first seek relief under 28 U.S.C. § 2255 in the sentencing court before filing a habeas corpus petition, unless the prisoner shows § 2255 would be inadequate or ineffective.
• Lawrence v. Louie L. Wainwright
  419 F.2d 1326· 5th Cir.· 1969-11-24 ·cited 4×·via Habeas Corpus Petition
• Hitchcock v. Eyman
  418 F.2d 1245· 9th Cir.· 1969-11-20 ·cited 4×
  The court held that a habeas corpus petition, while factually insufficient, should have been allowed to be amended if the petitioner could provide supporting facts.
• Sertic v. Honorable Melvin Laird
  418 F.2d 915· 9th Cir.· 1969-11-20 ·cited 4×
  The court held that the Air Force's denial of conscientious objector status lacked a basis in fact, as the petitioner's beliefs met the Seeger test.
• United States ex rel. John Adams v. Pate
  418 F.2d 815· 7th Cir.· 1969-11-05 ·cited 4×
  The court held that if a state's highest court has ruled on a federal question on direct review, the petitioner is not required to present the same claim in a post-conviction proceeding.
• State OF La. v. Rouselle
  418 F.2d 873· 5th Cir.· 1969-11-05 ·cited 4×·via Writ Of Habeas Corpus
  The court held that the appellant failed to demonstrate a sufficient showing that he has been or will be denied a federal right, thus removal to federal court was improper.
• Clark v. State
  229 So. 2d 877· Fla. 2d DCA· 1969-10-31 ·cited 4×
  Robert Clark appeals his conviction for uttering a forged bank check, challenging the admissibility of bank employee testimony and his police confession. The appellate court affirms his conviction, finding both the testimony and confession admissible.
• Ryan v. State OF La.
  418 F.2d 560· 5th Cir.· 1969-10-30 ·cited 4×
  A guilty plea induced by threats is invalid and does not waive non-jurisdictional defenses.
• Bouillons v. Burke
  418 F.2d 297· 7th Cir.· 1969-10-07 ·cited 4×
  The court held that the district court erred in denying an evidentiary hearing and accepting the sheriff's testimony as sufficient proof of waiver of the right to counsel, given the inadequate state court record.
• Williams v. Louie L. Wainwright
  415 F.2d 1136· 5th Cir.· 1969-09-18 ·cited 4×
  The court held that the district court's finding that the guilty plea was voluntary and entered with effective counsel was supported by the record.
• United States ex rel. Kenneth Headley v. Mancusi
  415 F.2d 277· 2d Cir.· 1969-09-12 ·cited 4×
  The court held that petitioners must seek relief in the state courts of New York regarding their Bruton claims.
• Strauss v. Smith
  417 F.2d 132· 7th Cir.· 1969-09-08 ·cited 4×
  The court held that the petitioner was not denied due process and that his parole revocation was valid, affirming the district court's grant of summary judgment.
• Esquivel v. United States
  414 F.2d 607· 10th Cir.· 1969-08-26 ·cited 4×
  The court held that the petitioner's mandatory release revocation and forfeiture of good time were lawful, and the district court's dismissal of his habeas corpus application was correct.
• Davis v. Willingham
  415 F.2d 344· 10th Cir.· 1969-08-25 ·cited 4×
  Habeas corpus is an available remedy for presentence custody credit claims when § 2255 is inadequate to secure immediate release.
• Evans v. Cupp
  415 F.2d 844· 9th Cir.· 1969-08-22 ·cited 4×
  The court held that the petitioner's claims regarding jury unanimity, prosecutorial comment on silence, and search and seizure were either waived, harmless, or not applicable under the relevant constitutional law at the time of trial.
• Webb v. Beto
  415 F.2d 433· 5th Cir.· 1969-08-21 ·cited 4×
  The court held that the appellant's confession was voluntary and admissible, and that the delay in arraignment did not vitiate the confession.
• Louie L. Wainwright v. LaSALLE
  414 F.2d 1235· 5th Cir.· 1969-08-21 ·cited 4×
  The court held that the prisoner's statements were involuntary and inadmissible due to the totality of circumstances, including language barriers and lack of effective warnings.
• United States ex rel. Herbert James Daley v. Yeager
  415 F.2d 779· 3d Cir.· 1969-08-11 ·cited 4×
  The court held that the relator's constitutional rights under the Fourth, Fifth, and Sixth Amendments were violated when police obtained consent to search his apartment after he had requested counsel at a preliminary hearing.
• United States ex rel. Charles Joseph v. LaVALLEE
  415 F.2d 150· 2d Cir.· 1969-08-07 ·cited 4×
  The court held that the admission of a non-testifying co-defendant's confession, even if redacted, was harmless error beyond a reasonable doubt due to overwhelming evidence of the defendant's guilt.
• United States ex rel. Dennis P. Kelly v. Maroney
  414 F.2d 1228· 3d Cir.· 1969-08-06 ·cited 4×
  The court held that while the district court's reasoning for dismissal was incorrect, the dismissal of the habeas corpus petition is affirmed because the underlying extradition claims would be rejected on the merits.
• Erving v. Sigler
  413 F.2d 593· 8th Cir.· 1969-08-06 ·cited 4×
  The court held that while evidence of bullets was unlawfully seized and improperly admitted, the error was harmless due to overwhelming corroborating evidence. The court also held that the prosecutor's reference to the defendant's refusal to answer questions and demand for counse
• Smith v. Peyton
  413 F.2d 760· 4th Cir.· 1969-07-29 ·cited 4×
  The court held that a state prisoner's habeas corpus petition should not have been dismissed without a hearing on all claims, particularly the Fourth Amendment search issue, as state remedies were exhausted and the facts required further development.
• Thacker v. Peyton
  419 F.2d 1377· 4th Cir.· 1969-07-25 ·cited 4×·via Habeas Corpus Jurisdiction
  A federal court has habeas corpus jurisdiction to hear a challenge to fully served sentences that delay the service of subsequent sentences, even if immediate release is not warranted.
• Mefford v. Warden, Maryland Penitentiary
  413 F.2d 439· 4th Cir.· 1969-07-24 ·cited 4×
  The court affirmed the denial of habeas corpus relief, finding the confession voluntary and not tainted by illegal arrest or detention.
• Esterya Menon and Ruby Rebecca Menon v. Esperdy
  413 F.2d 644· 2d Cir.· 1969-06-30 ·cited 4×
  The court affirmed the district court's decision, holding that the Menons could be deported to Switzerland, not Turkey, under § 237(a) of the Immigration and Nationality Act.
• Ayers v. Ciccone
  413 F.2d 1049· 8th Cir.· 1969-06-30 ·cited 4×
  The court affirmed the dismissal of the habeas corpus petition, finding no entitlement to relief.
• Woolsey v. Beto
  412 F.2d 748· 5th Cir.· 1969-06-24 ·cited 4×
  The court held that the district court was required to dismiss the petition under Texas v. Payton, and the failure to notify the petitioner's chosen counsel was harmless error.
• Mapp v. State of Fla. & Louie L. Wainwright
  224 So. 2d 431· Fla. 1st DCA· 1969-06-19 ·cited 4×
  Curtis Mapp seeks a belated appeal of his 1965 manslaughter conviction on grounds that prison officials' delay in mailing his notice of appeal deprived him of his right to appeal. The Florida appellate court rejected his habeas corpus petition, holding that Mapp's own lack of dil
• United States ex rel. Robert Cash v. Brierley
  412 F.2d 296· 3d Cir.· 1969-06-19 ·cited 4×
  Federal intervention is not warranted when a state court has scheduled a hearing for a habeas corpus petition, even if there has been prior delay.
• United States ex rel. James Crowson v. Brierley
  411 F.2d 910· 3d Cir.· 1969-06-05 ·cited 4×
  The court affirmed the District Court's denial of the petition for a writ of habeas corpus.
• Kelly v. Peyton
  420 F.2d 912· 4th Cir.· 1969-05-12 ·cited 4×
  The court held that a conflict of interest arising from counsel also acting as a justice of the peace signing arrest warrants requires a hearing on the issue of waiver. It also held that the claim of inadequate communication between attorney and client before trial must be consid
• Jones v. Smith
  411 F.2d 475· 5th Cir.· 1969-05-07 ·cited 4×
  The court held that a guilty plea and sentence are invalid when the defendant receives ineffective assistance of counsel, even if counsel is appointed solely for arraignment.
• Forrest Cummings Green v. Turner
  409 F.2d 215· 10th Cir.· 1969-04-23 ·cited 4×
  The court held that the habeas corpus petition was properly denied because the statutes charged different offenses and the petitioner's claims must first be presented to state courts.
• Narten v. Eyman
  460 F.2d 184· 9th Cir.· 1969-04-15 ·cited 4×