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

• Warner v. Pescor
  163 F.2d 670· 8th Cir.· 1947-10-03 ·cited 4×
  The court held that the appellant's argument that his nine-year sentence should be construed as three years was unsound, and his habeas corpus petition was properly dismissed.
• Bonham v. Bouiss
  161 F.2d 678· 9th Cir.· 1947-05-07 ·cited 4×
  An alien spouse ineligible for citizenship due to race is not admissible under Public Law 271, even if married to a U.S. citizen service member, if she is not otherwise admissible under existing immigration laws.
• Campbell v. Mayo
  158 F.2d 960· 5th Cir.· 1947-01-21 ·cited 4×
  The court held that a certificate of probable cause is a jurisdictional prerequisite for an appeal in a habeas corpus proceeding involving state court process.
• United States ex rel. Ross v. Nierstheimier
  159 F.2d 994· 7th Cir.· 1947-01-17 ·cited 4×
  A petitioner must exhaust state remedies, including seeking certiorari from the U.S. Supreme Court, before a federal court can grant habeas corpus relief.
• United States ex rel. Steinvorth v. Watkins
  159 F.2d 50· 2d Cir.· 1947-01-15 ·cited 4×
  The court held that the appellant was not an enemy alien subject to internment under the statute because he was not a citizen or subject of Germany at the time of his internment.
• United States ex rel. Knauer v. Jordan
  158 F.2d 337· 7th Cir.· 1946-11-30 ·cited 4×
  A petitioner cannot collaterally attack a prior denaturalization judgment, and fraudulent acquisition of citizenship and lack of attachment to U.S. principles preclude an alien from asserting rights to remain in the United States.
• Ex parte Jordan
  158 F.2d 401· D.C. Cir.· 1946-11-12 ·cited 4×
  A trial court has the discretion to deny a second petition for a writ of habeas corpus if it is based on the same allegations as a prior petition and presents no new evidence of a changed mental state.
• Skaug v. Sheehy
  157 F.2d 714· 9th Cir.· 1946-10-25 ·cited 4×
  The court held that the interpretation of a state statute is a state question, and federal courts will not intervene on due process or equal protection grounds if the state had the power to enact the statute as construed.
• Johnston v. McDONALD
  157 F.2d 275· 9th Cir.· 1946-08-30 ·cited 4×
  The court held that the petition for a writ of habeas corpus should have been denied because the attached depositions showed that the petitioner was not denied the assistance of counsel.
• Lawrence v. Yost
  157 F.2d 44· 9th Cir.· 1946-06-27 ·cited 4×
• In re Territo
  156 F.2d 142· 9th Cir.· 1946-06-08 ·cited 4×
  A person captured on the field of battle while serving in the enemy army is legally held as a prisoner of war, regardless of their citizenship, and joining a labor unit does not alter this status.
• Detrich v. Howard
  155 F.2d 307· 7th Cir.· 1946-05-21 ·cited 4×
  The court held that the Indiana Supreme Court's interpretation of state law, finding the sentences valid, was binding and precluded federal habeas corpus relief.
• United States ex rel. McCARTHY v. Ragen
  153 F.2d 609· 7th Cir.· 1946-02-20 ·cited 4×
  A federal court lacks jurisdiction to hear a habeas corpus petition if the petitioner has not exhausted all available state court remedies.
• United States ex rel. Karpathiou v. Jordan
  153 F.2d 810· 7th Cir.· 1946-02-18 ·cited 4×
  The court held that the prior decision denying habeas corpus relief was controlling, and the district court properly dismissed the current petition.
• United States v. Helwig
  152 F.2d 456· 3d Cir.· 1945-12-06 ·cited 4×
  The court held that it cannot consider matters dehors the record on appeal and that the appellant's proper recourse for alleged due process violations not appearing in the record is a habeas corpus petition in the appropriate district court.
• Newton v. Sanford
  151 F.2d 718· 5th Cir.· 1945-11-06 ·cited 4×
  The court held that parole for induction is discretionary and cannot be compelled by habeas corpus, especially when the individual was rejected for service.
• United States ex rel. Hurwitz v. Alexander
  150 F.2d 1013· 2d Cir.· 1945-08-20 ·cited 4×
  The court held that resentencing did not increase the original sentence and that good conduct credit from the first sentence was not applicable to the second.
• Rosborough v. Rossell
  150 F.2d 809· 1st Cir.· 1945-07-26 ·cited 4×
  A court-martial's lack of jurisdiction over the charged offense renders the entire proceeding void, even if the conviction is for a lesser included offense over which jurisdiction might otherwise exist.
• Voorheis v. Hunter
  150 F.2d 52· 10th Cir.· 1945-06-28 ·cited 4×
  The court held that the sufficiency of evidence to support an indictment and the evidence supporting a conviction cannot be reviewed on a habeas corpus hearing.
• Bauman v. Hunter
  150 F.2d 449· 10th Cir.· 1945-06-25 ·cited 4×·via Writ Of Habeas Corpus
  The court held that the sufficiency of an indictment is not open to challenge on habeas corpus when the court has jurisdiction over the offense and the person.
• Hickok v. Hunter
  150 F.2d 635· 10th Cir.· 1945-06-25 ·cited 4×
  The court held that the indictment sufficiently charged a conspiracy offense under the National Stolen Property Act, and the trial court had proper venue and jurisdiction.
• Mason v. Smith
  148 F.2d 894· 9th Cir.· 1945-04-06 ·cited 4×
  The court held that the petitioner's application for a certificate of probable cause was properly denied because the issue had already been adjudicated and state remedies were not exhausted.
• In re Snow
  147 F.2d 1006· 9th Cir.· 1945-02-09 ·cited 4×
  The court held that the denial of the application to proceed in forma pauperis on appeal is not reviewable when the district court certifies the appeal as frivolous.
• Batson v. Squier
  146 F.2d 264· 9th Cir.· 1944-12-14 ·cited 4×
  The court held that the National Motor Vehicle Theft Act defines two distinct offenses, and a defendant cannot be discharged from serving consecutive sentences on both counts via habeas corpus.
• O'Keith v. Johnston
  146 F.2d 231· 9th Cir.· 1944-12-12 ·cited 4×
  The court held that the lower court's finding of intelligent waiver of counsel, supported by evidence, should not be disturbed on appeal.
• Wrobel v. Overholser
  145 F.2d 859· D.C. Cir.· 1944-12-04 ·cited 4×
  The court held that the trial judge's procedure conformed to established precedent, affirming the decision.
• United States ex rel. Rogalski v. Jackson
  146 F.2d 251· 2d Cir.· 1944-11-20 ·cited 4×
  The court held that the lower court's denial of the writ of habeas corpus was correct because the petitioner failed to exhaust his appellate remedies in the state and federal courts.
• Schiffman v. Hunter
  145 F.2d 288· 10th Cir.· 1944-10-19 ·cited 4×
  The court held that the petitioners were competently and effectively represented by counsel of their choosing, and that their interests were not in conflict.
• De Jordan v. Hunter
  145 F.2d 287· 10th Cir.· 1944-10-19 ·cited 4×·via Writ Of Habeas Corpus
  The court held that the petitioner failed to establish he did not competently and intelligently waive his constitutional right to counsel.
• McMULLEN v. Squier
  144 F.2d 703· 9th Cir.· 1944-08-12 ·cited 4×·via Writ Of Habeas Corpus
  The court held that a habeas corpus petition cannot serve as a late appeal and that the conviction was valid based on sufficient evidence, even if a presumption was improperly used.
• Blount v. Huff
  144 F.2d 21· D.C. Cir.· 1944-07-24 ·cited 4×
  The court held that the sufficiency of an indictment, when the court has jurisdiction, cannot be challenged in a habeas corpus proceeding after a guilty plea.
• Rutkowski v. ST. Sure
  143 F.2d 715· 9th Cir.· 1944-06-30 ·cited 4×
  The court held that the petition for writ of mandamus should be denied because the habeas corpus petition was properly filed with the district court and assigned to Judge Goodman, and the petitioner waived any objection to jurisdiction by proceeding without objection.
• Sink v. COX
  142 F.2d 917· 8th Cir.· 1944-05-29 ·cited 4×
  The court held that the appellant's claims regarding the first indictment were untimely and that he had not served the full term of his lawful sentences.
• United States ex rel. Johnston v. Carey
  141 F.2d 967· 7th Cir.· 1944-04-17 ·cited 4×
  A federal court will not entertain a habeas corpus petition from a state prisoner until all state remedies have been exhausted, absent exceptional circumstances.
• Kuczynski v. COX
  141 F.2d 321· 8th Cir.· 1944-03-16 ·cited 4×
  The court held that a mentally incompetent prisoner is not entitled to good time deductions and that the indictment was valid and the guilty plea was knowingly entered.
• Albert ex rel. Ravin v. Goguen
  141 F.2d 302· 1st Cir.· 1944-03-14 ·cited 4×·via Writ Of Habeas Corpus
  A federal court may deny a petition for a writ of habeas corpus when the petitioner is in custody awaiting trial for violating the Selective Training and Service Act, as the custody is lawful under precedent.
• Barnett v. Hunter
  138 F.2d 448· 10th Cir.· 1943-10-29 ·cited 4×
  The court held that if at least one count of an indictment is valid, a habeas corpus petition based on concurrent sentences will be denied.
• Sanders v. Sanford
  138 F.2d 415· 5th Cir.· 1943-10-28 ·cited 4×
  The court held that habeas corpus is not an appropriate remedy to review alleged errors that could have been raised on direct appeal.
• Widmer v. Johnston
  136 F.2d 416· 9th Cir.· 1943-06-11 ·cited 4×
  The court affirmed the denial of the writ of habeas corpus, finding that the appellant was not denied his constitutional right to counsel and that his guilty pleas were voluntary.
• Espino v. Wixon
  136 F.2d 96· 9th Cir.· 1943-05-27 ·cited 4×
  The court held that a petitioner claiming U.S. citizenship, supported by evidence, is entitled to a judicial trial on that claim when facing deportation.
• Billings v. Truesdell
  135 F.2d 505· 10th Cir.· 1943-04-30 ·cited 4×
  The court held that a registrant who reports for induction, passes examinations, and has the oath read to him is considered inducted, even if he refuses to take the oath, and is therefore subject to military jurisdiction.
• O'Brien v. Squier
  133 F.2d 123· 9th Cir.· 1943-01-30 ·cited 4×
  The court held that the offenses charged under 18 U.S.C. §§ 313 and 317 were distinct, making the consecutive sentences valid.
• Burgess v. King
  130 F.2d 761· 8th Cir.· 1942-10-01 ·cited 4×
  The court held that the petitioner received a full and fair hearing and that the admission of affidavits without objection was not error.
• Wellman v. Moore
  130 F.2d 438· D.C. Cir.· 1942-07-13 ·cited 4×
  The court held that the District Court correctly dismissed the habeas corpus petition because the appellant failed to prove by clear and conclusive evidence that he was not in the demanding state at the time of the alleged offense.
• State ex rel. Pearl Seay v. Mayo
  139 Fla. 291· Fla.· 1939-07-17 ·cited 4×
  The Florida Supreme Court ordered the immediate arrest of Pearl Seay, who had been released on a superseded judgment of conviction. The court found that Seay's supersedeas bond had become inadequate, allowing him to be taken back into custody unless a new, sufficient bond was pos
• Singum Cooper v. Robbins
  136 Fla. 364· Fla.· 1939-02-24 ·cited 4×
  This case involves a challenge to a Florida law that criminalized the possession of alcoholic beverages without the required excise stamps on their containers. The petitioner argued the law violated the state constitution's single-subject rule and that its title was misleading. T
• State v. Chapman
  126 Fla. 231· Fla.· 1936-11-19 ·cited 4×
  This habeas corpus case involved a petitioner convicted for possessing Cuban lottery tickets. The Florida Supreme Court discharged the petitioner, finding the information insufficient because it did not allege the lottery was not currently played.
• Barber v. State
  124 Fla. 694· Fla.· 1936-06-26 ·cited 4×
  The Florida Supreme Court affirmed the trial court's decision upholding a $10,000 supersedeas bail bond for a defendant convicted of murder in the second degree. The court held that the reasonableness standard applies to supersedeas bonds after conviction, and that such bonds may
• Ex parte Winn
  100 Fla. 1050· Fla.· 1930-05-20 ·cited 4×
  This case concerns a habeas corpus petition challenging the legality of imprisonment for burning a public school building. The court found the statute under which the petitioner was charged to be unconstitutional because its title did not accurately reflect its contents, renderin
• Ex parte Application of George M. Quigley for Writ of Habeas Corpus v. State
  99 Fla. 933· Fla.· 1930-04-28 ·cited 4×
  George Quigley sought habeas corpus relief from detention under a capias based on an alleged violation of a Florida statute prohibiting city employees from soliciting political support. The Florida Supreme Court reversed the trial court's denial of the writ, holding that habeas c