Habeas Corpus

18,792 Florida cases classified under this topic, plus 3,111 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Schmidt v. Lowell D. Hewitt
  573 F.2d 794· 3d Cir.· 1978-02-24 ·cited 2×
  The court held that the state court record did not fairly support the decision regarding the admissibility of the confession, requiring a federal evidentiary hearing.
• Smith v. Louie L. Wainwright
  568 F.2d 362· 5th Cir.· 1978-02-21 ·cited 2×
  A subsequent acquittal of an 'other crime' does not retroactively render inadmissible evidence of that crime previously admitted at a trial for a different offense.
• Salazar v. Hon. Jack R. Sandstrom
  355 So. 2d 145· Fla. 3d DCA· 1978-02-07 ·cited 2×·via Writ Of Habeas Corpus
  The court held that a state's courts should not inquire into the legality or constitutionality of criminal charges in the demanding state when considering extradition.
• Gardner v. Pogue
  568 F.2d 648· 9th Cir.· 1978-01-25 ·cited 2×
  The court held that the appellant's guilty plea was knowing, voluntary, and uncoerced, affirming the district court's denial of habeas corpus relief.
• Gable v. Massey
  566 F.2d 459· 5th Cir.· 1978-01-16 ·cited 2×
  The court held that the challenged clause of Florida Statute § 800.04 is not unconstitutionally vague and that the 118-day delay in sentencing did not violate the petitioner's speedy trial rights.
• United States ex rel. Clifford Smith v. Pavich
  568 F.2d 33· 7th Cir.· 1978-01-04 ·cited 2×
  A defendant who knowingly and intelligently waives the right to counsel and elects to represent himself cannot thereafter complain that the quality of his own defense amounted to a denial of effective assistance of counsel.
• Deveny v. United States Bd. OF Parole
  565 F.2d 875· 5th Cir.· 1978-01-04 ·cited 2×
  The court held that a prisoner is not entitled to credit for time spent in state custody after parole revocation when computing the remaining federal sentence, and that a prompt parole revocation hearing is not constitutionally required before the parolee is taken into custody un
• In re Special Grand Jury Impaneled February 12
  565 F.2d 1225· 1st Cir.· 1977-12-07 ·cited 2×
  The court held that a special grand jury was properly impaneled and extended, even if the court's stated reason for convening it was not explicitly framed in terms of 'excessive volume of business'.
• Duisen v. Wyrick
  566 F.2d 616· 8th Cir.· 1977-12-06 ·cited 2×
  The court held that placing the burden of proving insanity on the defendant does not violate due process, reaffirming prior precedent.
• Elroy Sims v. Lou V. Brewer
  567 F.2d 752· 8th Cir.· 1977-11-29 ·cited 2×
  The court affirmed the denial of the petitioner's application for habeas corpus relief.
• Miller v. Harvey
  566 F.2d 879· 4th Cir.· 1977-11-29 ·cited 2×
  The dissenting judge believes the jury's experiment constituted a denial of due process and would remand for an evidentiary hearing.
• Simpson v. Kreiger
  565 F.2d 390· 6th Cir.· 1977-11-25 ·cited 2×
  The court held that the appellant's arguments for habeas corpus relief were without merit, affirming the district court's denial of his petition.
• Reddy v. Jones
  572 F.2d 979· 4th Cir.· 1977-11-03 ·cited 2×
  The court, in dissent, argues that the denial of rehearing en banc was improper because the lower court's reasoning regarding the non-disclosure of witness inducements and exculpatory statements violated due process principles.
• Otha Taylor v. Riddle
  563 F.2d 133· 4th Cir.· 1977-10-13 ·cited 2×
  The court held that the petitioner's statements were voluntarily made and did not violate his Miranda rights, as his statement indicating an inability to answer a question was not an invocation of his right to remain silent.
• Zvonaric v. Mustain
  562 F.2d 570· 8th Cir.· 1977-09-21 ·cited 2×
  A federal prisoner's challenge to the validity of his sentence must be made in the sentencing court via a § 2255 motion, unless that motion is shown to be inadequate or ineffective.
• Dorsey v. Maschmann
  571 F.2d 1002· 8th Cir.· 1977-09-20 ·cited 2×
  The court held that the district court correctly applied legal principles in denying habeas corpus relief for failure to exhaust state remedies.
• Sand v. Estelle
  559 F.2d 364· 5th Cir.· 1977-09-19 ·cited 2×
  The court held that a writ of habeas corpus should not be granted solely because an attorney's correct advice was due to luck rather than skill.
• Johnson v. Riddle
  562 F.2d 312· 4th Cir.· 1977-09-16 ·cited 2×·via Federal Habeas Corpus
  The court held that the petitioner's claims regarding grand jury selection, denial of appeal, and ineffective assistance of counsel were waived due to an unjustified and prejudicial delay in raising them. The court also held that the show-up identification procedure, while not fa
• Aurora Gazmin Navarro v. Dist. Dir. OF the United States Immigr. & Naturalization Serv.
  562 F.2d 1024· 7th Cir.· 1977-09-13 ·cited 2×
  The dissenting judge would affirm the dismissal of the complaint, disagreeing with the majority's reasoning regarding the irrevocability of a professional preference and the application of estoppel against the government.
• Beam v. Estelle
  558 F.2d 782· 5th Cir.· 1977-09-01 ·cited 2×·via Habeas Corpus Petition
  The court held that the petitioner's statement was volunteered and not elicited in violation of Miranda, thus the district court erred in granting the habeas petition.
• Marol Donna Maxon v. Estelle
  558 F.2d 306· 5th Cir.· 1977-08-29 ·cited 2×·via Writ Of Habeas Corpus
  The court held that a conflict of interest in joint representation may require an evidentiary hearing to determine ineffective assistance of counsel.
• Lewis v. Ewing Gourley
  560 F.2d 393· 8th Cir.· 1977-08-19 ·cited 2×
  The court held that a federal habeas corpus petitioner is not entitled to a second suppression hearing if they had a full and fair opportunity to litigate their Fourth Amendment claim in state court, even if a different judge denied a subsequent motion without a hearing.
• Williams v. Perini
  557 F.2d 1221· 6th Cir.· 1977-07-07 ·cited 2×
  The court held that the petitioner had not exhausted available state remedies, specifically an action for mandamus or further appeal of his habeas corpus petition, before filing for federal habeas relief.
• Myron M. Amato v. Divine
  558 F.2d 364· 7th Cir.· 1977-06-28 ·cited 2×
  The court held that the Wisconsin obscenity statute, as authoritatively construed, meets constitutional standards, but the publications at issue were not obscene under federal law.
• Graham v. Hutto
  557 F.2d 164· 8th Cir.· 1977-06-23 ·cited 2×
  The court held that the petitioner had sufficiently exhausted state remedies regarding his due process claim.
• Algeroy A. Rozell v. Estelle
  554 F.2d 229· 5th Cir.· 1977-06-20 ·cited 2×·via Federal Habeas Corpus
  The court held that a state's evidentiary rule prohibiting inquiry into a rape victim's prior sexual acts does not violate the Sixth Amendment right to confrontation when the inquiry would raise collateral issues and confuse the jury.
• Fla. Parole & Prob. Comm'n v. Baker
  346 So. 2d 640· Fla. 2d DCA· 1977-06-03 ·cited 2×
  The Florida Parole and Probation Commission's appeal was granted, reversing the circuit court's habeas corpus order releasing Baker, because res judicata barred the second petition on identical grounds already denied by the appellate court.
• McQUOID v. Smith
  556 F.2d 595· 1st Cir.· 1977-06-03 ·cited 2×
  The court held that a mandatory one-year minimum sentence for carrying a firearm without a license does not constitute cruel and unusual punishment or violate due process or equal protection.
• Gunsby v. Louie L. Wainwright
  552 F.2d 127· 5th Cir.· 1977-05-12 ·cited 2×
  The court held that the admissibility of the defendant's inculpatory statement, made after a plea bargain soured, depends on whether the statement was part of the plea bargain itself.
• Kelsey v. State OF Minn. ex rel. Frank Wood
  554 F.2d 895· 8th Cir.· 1977-05-11 ·cited 2×
  The court held that the prisoner had not exhausted his state remedies and therefore the federal district court properly dismissed his petition for a writ of habeas corpus.
• O'Brien v. Rozman
  554 F.2d 780· 6th Cir.· 1977-05-03 ·cited 2×·via Habeas Corpus Petition
  Hearsay evidence is admissible in U.S. extradition proceedings under 18 U.S.C. § 3184, and the admissibility is governed by U.S. law, not foreign law.
• Apple v. General Thomas Greer
  554 F.2d 105· 3d Cir.· 1977-04-20 ·cited 2×
  The court held that federal courts should generally defer to military tribunals when a serviceman seeks habeas corpus relief while court-martial proceedings are pending, provided the military system can grant the requested relief.
• Wallace v. Havener
  552 F.2d 721· 6th Cir.· 1977-04-14 ·cited 2×
  The court held that retrial on counts for which a jury reached a verdict violates the Double Jeopardy Clause absent manifest necessity, and that collateral estoppel concerns do not create such necessity.
• Efrain Lagares Martinez v. Rodriguez
  552 F.2d 390· 1st Cir.· 1977-04-14 ·cited 2×
  A guilty plea, entered on advice of counsel, precludes federal habeas corpus relief based on antecedent constitutional infirmities in prior proceedings.
• Scott v. Oliver
  552 F.2d 20· 1st Cir.· 1977-04-06 ·cited 2×
  The court held that the petitioner's Fifth Amendment rights were not violated by the introduction of psychiatric testimony, as any objections were waived by failure to object at trial.
• Artis Lavender v. Hopper
  548 F.2d 1165· 5th Cir.· 1977-03-17 ·cited 2×
  The court held that the petitioner waived his claim regarding the grand jury composition and that the district court properly dismissed the claim regarding perjured testimony without prejudice.
• Montgomery v. Estelle
  547 F.2d 894· 5th Cir.· 1977-02-25 ·cited 2×
  A prosecutor's offer of mercy that is refused by a defendant, leading to a trial on enhanced charges and a harsher sentence, does not violate due process or other constitutional rights.
• Moore v. Newell
  548 F.2d 671· 6th Cir.· 1977-02-04 ·cited 2×
  The court held that a federal court is bound by state court interpretations of state law in a habeas corpus proceeding, and that picketing to coerce charitable donations is not protected speech.
• Bell v. Putman
  548 F.2d 749· 8th Cir.· 1977-02-01 ·cited 2×
  The court held that the automatic forfeiture of good time credit upon parole revocation does not require a separate evidentiary hearing beyond the parole revocation hearing itself.
• State v. Devine
  342 So. 2d 103· Fla. 3d DCA· 1977-02-01 ·cited 2×
  Florida sought certiorari to review a trial judge's order allowing a habeas corpus proceeding in an extradition case to consider allegations that California police officers threatened to kill the fugitive. The court held that such allegations of threats and potential due process
• Johnie Stocker, Jr. v. Hutto
  547 F.2d 437· 8th Cir.· 1977-01-14 ·cited 2×
  Federal courts will not grant habeas corpus relief on Fourth Amendment claims if the state provided a full and fair opportunity to litigate those claims.
• United States ex rel. Edison M. Fields v. Fitzpatrick
  548 F.2d 105· 3d Cir.· 1977-01-13 ·cited 2×
  There is no federal constitutional right to be sentenced by the same judge who presided at trial; therefore, a writ of habeas corpus cannot be granted on this basis.
• Moses v. Helgemoe
  562 F.2d 62· 1st Cir.· 1976-12-22 ·cited 2×
  The denial of counsel to a petitioner at a preliminary hearing, even if erroneous, constituted harmless error given the overwhelming evidence of guilt.
• Cialkowski v. Franzen
  545 F.2d 1155· 8th Cir.· 1976-12-20 ·cited 2×
  The dismissal of a direct state criminal appeal by the U.S. Supreme Court for want of a substantial federal question constitutes an actual adjudication that precludes subsequent federal habeas corpus relief, absent subsequent doctrinal developments.
• Franks v. Estelle
  543 F.2d 567· 5th Cir.· 1976-12-06 ·cited 2×
  The state's refusal to retroactively apply an amended sentencing credit statute and a new good time policy does not violate the U.S. Constitution's Equal Protection Clause.
• Edmonds v. Major D. C. Lewis
  546 F.2d 566· 4th Cir.· 1976-12-03 ·cited 2×
  A prisoner is entitled to an evidentiary hearing on a habeas corpus petition if they allege facts sufficient to raise issues about the voluntariness of their guilty plea and the validity of their arraignment due to alleged coercion by their appointed counsel.
• United States ex rel. Clifford Morgan & Donald L. Allen v. Allyn R. Sielaff
  546 F.2d 218· 7th Cir.· 1976-11-22 ·cited 2×
  The court held that a representative habeas corpus action was properly maintained even if the legal issue had not been definitively adjudicated, and that the Stachulak decision requiring proof beyond a reasonable doubt for commitment under the Sexually Dangerous Persons Act shoul
• LaSalle Minniefield v. State OF Ala.
  542 F.2d 947· 5th Cir.· 1976-11-22 ·cited 2×·via Writ Of Habeas Corpus
  The court held that the trial court did not err in denying the petition for habeas corpus, as the evidence did not clearly show incompetence to stand trial.
• Langella v. Commissioner OF Corrections
  545 F.2d 818· 2d Cir.· 1976-11-22 ·cited 2×
  The court affirmed the denial of the habeas corpus petition, holding that the conviction for criminal contempt did not violate 18 U.S.C. § 2515 or the Fifth Amendment.
• Carreon-Hernandez v. Levi
  543 F.2d 637· 8th Cir.· 1976-11-02 ·cited 2×
  The court affirmed the district court's denial of the appellant's petition for a writ of habeas corpus.