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

• Dorman Fred Talbot, Jr. v. Nelson
  390 F.2d 801· 9th Cir.· 1967-12-27 ·cited 3×
  The concurring opinion agrees with the majority's result but emphasizes that substantial contentions remain to be adjudicated by higher courts.
• Jetson RAY v. State
  200 So. 2d 529· Fla.· 1967-06-14 ·cited 3×·via Writ Of Habeas Corpus
  Ray, an 18-year-old convicted of burglary and assault without counsel representation in 1945, petitioned for habeas corpus relief. The Florida Supreme Court, applying Gideon v. Wainwright retroactively, held that Ray was constitutionally entitled to a new trial because he was den
• Schack v. State
  194 So. 2d 53· Fla. 1st DCA· 1967-01-17 ·cited 3×
  A writ of habeas corpus was properly denied because the petitioner failed to establish unlawful confinement entitling him to immediate release.
• Weeks v. State
  181 So. 2d 746· Fla. 1st DCA· 1966-01-18 ·cited 3×
  The court held that a habeas corpus petition is inappropriate if the petitioner has failed to exhaust remedies under Criminal Procedure Rule 1 or if relief has been denied under Rule 1, unless the remedy is inadequate.
• Trepanier v. State
  181 So. 2d 161· Fla.· 1965-12-15 ·cited 3×
  Petitioner Robert Trepanier, held under 1960 felony convictions based on guilty pleas, challenged his conviction claiming he was not advised of his right to state-appointed counsel. The Florida Supreme Court held that petitioner was entitled to an evidentiary hearing to determine
• Lafayette E. Mitchell v. State
  175 So. 2d 52· Fla. 1st DCA· 1965-05-18 ·cited 3×·via Writ Of Habeas Corpus
  The court held that the trial court did not err in denying the motion to vacate judgments and sentences, as the record demonstrated the appellant was accorded his constitutional rights and knowingly waived counsel.
• Buchanan v. The State of Fla. ex rel. Elbert O. Sowerwine
  171 So. 2d 564· Fla. 3d DCA· 1965-02-09 ·cited 3×
  In this extradition habeas corpus case, the Florida District Court of Appeal reversed a discharge order and held that an affidavit charging the appellee with child enticement under Montana law substantially charged a crime despite alleged defects, and that jurisdictional and cust
• Lundberg v. Buchkoe
  338 F.2d 62· 6th Cir.· 1964-11-09 ·cited 3×
  The court held that the petitioner's constitutional rights were not violated, as his confessions were voluntary and the evidence was not obtained through unlawful search and seizure.
• Spaulding v. Taylor
  336 F.2d 192· 10th Cir.· 1964-09-01 ·cited 3×
  The court held that the § 2255 remedy was ineffective and the district court had jurisdiction to entertain the habeas corpus petition, but affirmed the denial on the merits.
• Miller v. United States
  324 F.2d 730· 10th Cir.· 1963-11-19 ·cited 3×
  The court held that the appeal is moot because the petitioner is no longer restrained of his liberty.
• United States v. Yeager
  327 F.2d 320· 3d Cir.· 1963-07-17 ·cited 3×
  The court held that due process did not require further examination of jurors after a full hearing, as no evidence suggested the excused juror influenced the remaining jury.
• Duchein v. Cochran
  127 So. 2d 97· Fla.· 1961-02-22 ·cited 3×·via Writ Of Habeas Corpus
  The court held that the petitioner was lawfully held under lawful trial and commitment, and that his claims of denial of jury trial and counsel were not supported by the record.
• Roberts v. Pepersack
  286 F.2d 635· 4th Cir.· 1960-12-17 ·cited 3×
  The court held that the petition for a writ of habeas corpus was premature and lacked merit, and therefore denied the certificate of probable cause.
• Cook v. Culbreath
  124 So. 2d 24· Fla. 3d DCA· 1960-10-31 ·cited 3×
  The appellate court affirmed a lower court's decision to quash a writ of habeas corpus. The appellant sought to challenge his detention for contempt of court, but the court found that his arguments concerned prior proceedings, not the legality of his current detention, and thus h
• Donaldson v. Cochran
  117 So. 2d 738· Fla.· 1960-02-05 ·cited 3×
  The court held that a statute permits conditioning a habeas corpus discharge on posting a bond to guarantee appearance for appellate review.
• Reese v. Harley O. Teets
  248 F.2d 147· 9th Cir.· 1957-09-17 ·cited 3×
  The district court lacked jurisdiction to grant a writ of habeas corpus or stay of execution because the petitioner had not exhausted his state remedies.
• Clay Sims v. Alvis
  242 F.2d 506· 6th Cir.· 1957-03-29 ·cited 3×
  The court held that the habeas corpus petition should be transferred to the district court for a determination of whether state remedies have been exhausted.
• Carlisle v. Landon
  206 F.2d 191· 9th Cir.· 1953-06-26 ·cited 3×
  The appellate court denied the motion for bail pending appeal, holding that it lacked the authority to grant bail in habeas corpus proceedings under Supreme Court Rule 45, which vests such authority solely in the trial court.
• Barber v. Varleta
  199 F.2d 419· 9th Cir.· 1952-10-07 ·cited 3×
  The court held that the appellee, a Philippine national, was lawfully admitted for permanent residence in the United States under the Philippine Trade Act of 1946, and his attempted deportation was without legal authority.
• Commonwealth of Pa. Ex rel. Billman v. Burke
  170 F.2d 413· 3d Cir.· 1948-09-30 ·cited 3×
• Honorable W. J. Revels v. Degoyler
  159 Fla. 898· Fla.· 1948-01-06 ·cited 3×
  Sheriff Revels appeals the discharge of Claude DeGoyler in habeas corpus, challenging the lower court's determination that a constitutional amendment creating the Game and Fresh Water Fish Commission was invalid due to improper legislative procedure. The Florida Supreme Court hol
• Marion v. United States
  164 F.2d 158· 9th Cir.· 1947-11-03 ·cited 3×·via Writ Of Habeas Corpus
  The court held that the denial of motions for a writ of habeas corpus and for appointment of counsel during new trial proceedings are not final decisions and thus not immediately appealable.
• State v. Wilson
  157 Fla. 342· Fla.· 1946-04-30 ·cited 3×
  The Florida Supreme Court affirmed the discharge of African American property owners arrested for violating a Dade County zoning ordinance that attempted to segregate residential areas by race. The court held that the 1937 enabling statute did not authorize the county to zone bas
• State v. Sullivan
  155 Fla. 817· Fla.· 1945-04-17 ·cited 3×
  Costa Ljungdahl challenged the sufficiency of a New York indictment for subornation of perjury in extradition proceedings brought by New York. The Florida Supreme Court held that an indictment in extradition proceedings is tested under the law of the demanding state, and if it su
• Overholser v. De Marcos
  147 F.2d 145· D.C. Cir.· 1944-12-08 ·cited 3×
  The court held that the appellee should be committed to the custody of the Superintendent of St. Elizabeths Hospital pending disposition of the appeal.
• Curran v. Sanford
  145 F.2d 229· 5th Cir.· 1944-10-20 ·cited 3×
  The court held that the indictment charged offenses under Section 163 of the Criminal Code, which was not repealed by Section 167, and the sentences imposed were within the statutory limits.
• Davis v. Johnston
  144 F.2d 859· 9th Cir.· 1944-09-20 ·cited 3×
  The court held that documents not presented in the lower court cannot be added to the record via writ of certiorari, and bail is not an absolute right for prisoners serving sentences.
• State of Fla. Ex rel. James Caywood Murdock v. Mayo
  153 Fla. 256· Fla.· 1943-07-02 ·cited 3×
  James Caywood Murdock petitioned for habeas corpus claiming there was no judgment of conviction against him. The Florida Supreme Court found that a typewritten copy of his sentence omitted a critical line, but the official court record showed he was properly adjudged guilty of ma
• Ruffie Lundon v. Chapman
  151 Fla. 336· Fla.· 1942-09-25 ·cited 3×·via Habeas Corpus Review
  Ruffie Lundon petitioned for a writ of habeas corpus to prevent his execution by electrocution under a 1941 Florida statute. The Florida Supreme Court denied the petition, holding that the statute was constitutional and that issues previously determined at trial cannot be relitig
• Daoud v. City OF Miami Beach
  150 Fla. 395· Fla.· 1942-04-14 ·cited 3×
  The Florida Supreme Court granted a writ of habeas corpus to A. Joseph Daoud, who was convicted under Miami Beach ordinances that the Court found unconstitutional and violated his non-conforming use rights under the original zoning ordinance. The Court held that Daoud, having lea
• Baker v. Carlyle Hayes
  148 Fla. 84· Fla.· 1941-08-02 ·cited 3×
  Willie Baker was arrested and convicted under a Florida statute prohibiting operation of steel-tired vehicles on hard-surfaced roads. The Florida Supreme Court reversed his conviction, holding that the arrest warrant was fatally defective for failing to specify the type of vehicl
• Carlyle Hayes v. Jones
  147 Fla. 238· Fla.· 1941-05-13 ·cited 3×
  The Florida Supreme Court reversed a circuit court's discharge of a habeas corpus petitioner, holding that Section 7316 applies to wearing apparel sold under conditional sales contracts with retained title, and that the statute does not contain an exemption for clothing despite i
• State ex rel. Frank M. Hamilton v. Worth W. Trammell
  146 Fla. 10· Fla.· 1941-01-31 ·cited 3×
  The Florida Supreme Court quashed a rule nisi in prohibition, holding that a circuit court has the power to find a party in contempt, even if that finding is erroneous and subject to review by habeas corpus. The court found that prohibition was not the proper remedy to challenge
• State v. Quigg
  143 Fla. 227· Fla.· 1940-05-24 ·cited 3×
  The Florida Supreme Court upheld a Miami city ordinance requiring driver's licenses for operating motor vehicles within city limits, holding that state licensing law did not impliedly repeal the city's ordinance. The Court recognized that municipalities retain authority to regula
• State ex rel. Charles E. Miller v. McLeod
  142 Fla. 254· Fla.· 1940-03-15 ·cited 3×
  The Florida Supreme Court upheld the extradition of a fugitive to New York despite a challenge to whether the officer who took the affidavit supporting the extradition warrant qualified as a 'magistrate' under federal extradition law. The court held that a Deputy Clerk of the Cit
• Harrison v. McLeod
  141 Fla. 804· Fla.· 1940-02-20 ·cited 3×
  The Florida Supreme Court considered whether a petitioner, arrested for hunting on Sunday, should be discharged from custody. The petitioner argued the law under which he was arrested was repealed by a later game and fish act. The court held that the two laws addressed different
• Coleman v. State ex rel. Tom Wilson
  139 Fla. 401· Fla.· 1939-07-21 ·cited 3×
  This case reviews a habeas corpus proceeding where the petitioner pleaded guilty to possessing untaxed alcoholic beverages. The court found the statute under which he was charged to be constitutional but the sentence imposed was excessive, requiring resentencing.
• State ex rel. J. H. McLean v. Coleman
  138 Fla. 689· Fla.· 1939-06-23 ·cited 3×
  In this original habeas corpus proceeding, the Florida Supreme Court upheld a contempt judgment against J. H. McLean, who refused to answer questions before a grand jury. The court found the judgment lawfully imposed and dismissed the petition for release.
• Jones v. King
  138 Fla. 564· Fla.· 1939-06-09 ·cited 3×
  This case involves an attorney, R. Percy Jones, found in contempt of court for allegedly attempting to suborn perjury. The appellate court affirmed the contempt finding but remanded for a more specific sentence.
• Stokes v. Scott
  138 Fla. 235· Fla.· 1939-05-23 ·cited 3×·via Habeas Corpus Review
  The court reviewed a contempt conviction based on allegations that J. Ed Stokes attempted to bribe a grand jury foreman. The court found the evidence insufficient to support the contempt charge and ordered Stokes's discharge unless legally sufficient evidence was presented.
• State ex rel. John B. Meredith & M. C. Driggers v. Borman
  138 Fla. 149· Fla.· 1939-05-19 ·cited 3×·via Writ Of Habeas Corpus
  The Florida Supreme Court held that a Palm Beach ordinance prohibiting picketing and assembly to induce others to refrain from patronizing a business was unconstitutional as beyond the town's charter power to regulate peaceable assembly and free speech. The ordinance was void bec
• Edd Potter v. Mayo
  137 Fla. 593· Fla.· 1939-05-09 ·cited 3×
  The Florida Supreme Court denied a petition for an insolvent prisoner to have the county pay for a transcript needed to seek certiorari from the U.S. Supreme Court. The court relied on a prior ruling that denied similar relief.
• State v. Mayo
  135 Fla. 601· Fla.· 1938-12-16 ·cited 3×
  This habeas corpus case examines whether an information charging burglary was legally sufficient and if the court's judgment and sentence constituted a valid conviction. The court found both the information and the judgment to be sufficient, denying the petition.
• State v. Hurley
  137 Fla. 488· Fla.· 1938-11-29 ·cited 3×
  Florida Supreme Court upheld the guardianship of Myrtle K. Hurley over a 14-year-old adopted minor in a habeas corpus proceeding brought by the child's adoptive father. The court emphasized that the best interest of the child, as evidenced by her preference, the deceased mother's
• State v. McLeod
  135 Fla. 109· Fla.· 1938-11-23 ·cited 3×
  The Florida Supreme Court affirmed the conviction and sentence of two men convicted of receiving and concealing stolen property who made restitution. The court held that Section 5139 R.G.S. (allowing alternative sentencing upon restitution) must be read together with Section 5138
• State v. Coleman
  137 Fla. 177· Fla.· 1938-10-31 ·cited 3×
  In this habeas corpus case, the Florida Supreme Court affirmed the denial of the relator's petition for discharge, holding that defects in the information charging the relator were not void ab initio but merely voidable, and that such defects must be challenged before the trial c
• State v. Hurley
  132 Fla. 892· Fla.· 1938-06-22 ·cited 3×
  This case concerns a father's right to custody of his children after being declared sane and restored to liberty. The court found that a prior ruling on the fitness of a guardian for the children did not definitively settle the father's right to custody.
• Young v. Stoutamire
  131 Fla. 834· Fla.· 1938-03-29 ·cited 3×
  The Florida Supreme Court resolved the disposition of a cash bond ($2,279.00) deposited by Donald and Elsie Mae Young as a condition of their release pending extradition proceedings. The court held that the bond funds should be paid to the Youngs' attorneys as specified in the bo
• O'Connell v. Pericles Kontojohn
  131 Fla. 783· Fla.· 1938-03-16 ·cited 3×
  The Florida Supreme Court upheld a trial court's invalidation of a Pensacola city ordinance that imposed a $250 per-truck license tax on out-of-state bakeries while charging only $50 per truck to local bakeries. The court held the ordinance violated the Commerce Clause and equal
• State v. Coleman
  130 Fla. 410· Fla.· 1937-12-20 ·cited 3×
  Florida Supreme Court affirmed a judgment remanding a habeas corpus petitioner to the custody of the Sheriff after her conviction for keeping a house of ill-fame. The court held that the information charging the defendant was sufficiently specific and complied with statutory requ