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

• Felix v. Cardwell
  545 F.2d 92· 9th Cir.· 1976-11-01 ·cited 2×
  The court held that it lacked jurisdiction to hear the appeal because the notice of appeal was filed outside the mandatory time limits prescribed by the Federal Rules of Appellate Procedure.
• Myers v. Hon. Reubin O'D. Askew
  338 So. 2d 1128· Fla. 4th DCA· 1976-10-29 ·cited 2×
  An inmate at a Florida correctional facility challenged the removal of 115 days of gain-time credits through disciplinary proceedings, alleging violations of due process. The appellate court found that while Florida's regulations provided sufficient procedural safeguards under Wo
• Nelson v. Dist. Court of the State of Iowa in & for Scott Cnty.
  543 F.2d 631· 8th Cir.· 1976-10-29 ·cited 2×
  The court held that a mistrial declared due to an irreconcilably deadlocked jury, after reasonable deliberation, does not violate the Double Jeopardy Clause, and the trial court did not abuse its discretion.
• Gray v. Estelle
  538 F.2d 1190· 5th Cir.· 1976-09-20 ·cited 2×
  The court held that the failure to object to being tried in jail clothes, especially when the decision is a tactical one by the attorney, is insufficient to establish a constitutional violation of due process.
• Forrest S. Tucker v. Gunn
  541 F.2d 1368· 9th Cir.· 1976-09-09 ·cited 2×
• McCUSKER v. Hoyt C. Cupp
  541 F.2d 850· 9th Cir.· 1976-09-08 ·cited 2×
  The court held that the arrest was not a pretext for a search and the detention for booking and search was reasonable.
• United States ex rel. Solomon Harding v. Marks
  541 F.2d 402· 3d Cir.· 1976-08-27 ·cited 2×
  The dissenting judge would affirm the lower court's decision, arguing that the petitioner did not deliberately bypass state procedures and was denied a fair trial by a prejudicial jury instruction.
• Brown v. Louie L. Wainwright
  537 F.2d 154· 5th Cir.· 1976-08-16 ·cited 2×
  The court held that the Supreme Court's decision in Kent v. United States, requiring counsel at juvenile waiver hearings, should not be applied retroactively. The court reasoned that the absence of counsel did not impair the truth-finding function of the trial and that no adequat
• McNAMARA v. Cook
  336 So. 2d 677· Fla. 4th DCA· 1976-08-13 ·cited 2×
  The Fourth District Court of Appeal reversed its prior decision in McNamara's habeas corpus petition challenging his prison transfer and adverse notations in his record, following two U.S. Supreme Court decisions establishing that the Due Process Clause does not require a hearing
• Thompson v. Gaffney
  540 F.2d 251· 6th Cir.· 1976-08-13 ·cited 2×
  The court held that a narrowing construction of an "almost identical" ordinance in a prior state case could cure the unconstitutional overbreadth of the ordinance under which the petitioner was convicted, and that the absence of a trial transcript precluded a finding that the jur
• Freddy Chambers v. Wyrick
  539 F.2d 667· 8th Cir.· 1976-08-10 ·cited 2×
  The court held that simultaneous convictions for motor vehicle theft and felony murder do not violate the Double Jeopardy Clause because each offense requires proof of a fact the other does not.
• Powers v. Estelle
  536 F.2d 1035· 5th Cir.· 1976-08-09 ·cited 2×
  The failure to object to being tried in prison clothing negates a constitutional violation.
• Scruggs v. Estelle
  536 F.2d 1038· 5th Cir.· 1976-08-09 ·cited 2×
  The court held that the failure to object to wearing prison attire during trial is sufficient to negate a claim of compelled appearance in such clothing.
• Propotnik v. Putman
  538 F.2d 806· 8th Cir.· 1976-07-30 ·cited 2×
  The court held that the district court properly dismissed the habeas corpus petition for lack of personal jurisdiction because neither the petitioner nor his custodian was within the court's territorial jurisdiction.
• DiCAPRIO v. Polk
  335 So. 2d 857· Fla. 4th DCA· 1976-07-30 ·cited 2×
  Petitioner held without bond on alleged probation violation must be released because the State failed to comply with the statutory requirement to hold a parole revocation hearing within ten days of arrest.
• Greenville Noble v. Black
  539 F.2d 586· 6th Cir.· 1976-07-23 ·cited 2×·via Writ Of Habeas Corpus
  The court held that the circumstances surrounding the defendant's case created sufficient doubt as to his competence to stand trial, requiring further inquiry, and affirmed the District Court's denial of habeas corpus with a reservation for the petitioner to file in state court.
• McQUEEN v. Swenson
  537 F.2d 976· 8th Cir.· 1976-07-14 ·cited 2×
  The court vacated the district court's judgment and remanded for express findings on the issue of prejudice, stating that it was not appropriate for the federal court to make the initial determination.
• Pehler v. Schoen
  537 F.2d 970· 8th Cir.· 1976-07-09 ·cited 2×
  The court held that the prisoner's claim for injunctive relief from adverse conditions of confinement due to a detainer was moot after his transfer to Louisiana, and his request for release or parole revocation prevention was a habeas corpus claim requiring exhaustion of state re
• Rodriguez v. Butler
  536 F.2d 982· 2d Cir.· 1976-06-16 ·cited 2×
  The court held that the unannounced entry into the petitioner's apartment, while technically violating New York's announcement statute, was reasonable under the Fourth Amendment due to exigent circumstances, specifically the destructibility of the narcotics and the need for immed
• Harbolt v. Carpenter
  536 F.2d 791· 8th Cir.· 1976-06-14 ·cited 2×
  The court held that venue for a habeas corpus petition challenging parole revocation procedures is proper where the custodian (Board of Parole) is found, not necessarily where the prisoner is confined.
• Bell v. Louie L. Wainwright
  531 F.2d 1339· 5th Cir.· 1976-05-24 ·cited 2×
  The District Court should have dismissed Bell's habeas petition without prejudice on principles of comity and federalism, allowing the state courts to first review the competency determination.
• Westberry v. Ward E. Murphy
  535 F.2d 1333· 1st Cir.· 1976-05-21 ·cited 2×
  The court held that the Maine felony murder rule, which does not require proof of intent to kill, is constitutional and was correctly applied.
• Bailleaux v. Hoyt C. Cupp
  535 F.2d 543· 9th Cir.· 1976-05-19 ·cited 2×
  The court held that the district court did not err in denying the habeas corpus petition, as the appellant was not a parolee and the state board's conditions were lawful.
• Tatzel v. Hon. Morton J. Hanlon
  530 F.2d 1205· 5th Cir.· 1976-04-30 ·cited 2×
  The court held that the district court erred in granting a stay of state proceedings and dismissing the habeas corpus petition because the petitioner failed to exhaust state remedies or demonstrate futility.
• Grayson v. Louie L. Wainwright
  330 So. 2d 461· Fla.· 1976-04-07 ·cited 2×
  George Grayson, a Florida inmate serving a life sentence for murder, challenged a Louisiana detainer lodged against him, claiming it violated an executive agreement between the governors providing he would not be returned to Louisiana after receiving a life sentence. The Florida
• Azbill v. Pogue
  534 F.2d 195· 9th Cir.· 1976-04-06 ·cited 2×
  The court held that the petitioner's counsel's decision not to extensively cross-examine a key witness regarding juvenile offenses, due to trial court restrictions, did not constitute a deliberate bypass of state remedies.
• Gregorio Espino Uribe v. United States
  529 F.2d 742· 5th Cir.· 1976-04-02 ·cited 2×·via Habeas Corpus Relief
  The court held that the petitioner's claims regarding jurisdiction, witness production, jury instructions, and effective assistance of counsel were without merit.
• Youngs v. State
  329 So. 2d 328· Fla. 3d DCA· 1976-03-30 ·cited 2×
  The court held that the trial court did not err in either the judgment on the probation revocation or the order refusing to vacate the conviction and sentence on the substantive charges.
• Vardy v. United States & Donald Forscht
  529 F.2d 404· 5th Cir.· 1976-03-26 ·cited 2×
  The court held that an alien with permanent resident status is 'found' in the United States for extradition treaty purposes, even if their physical presence was initially facilitated by foreign officials.
• Division OF Corrections v. Tamargo
  329 So. 2d 422· Fla. 2d DCA· 1976-03-24 ·cited 2×
  The Florida Department of Corrections appealed a habeas corpus order that released a prisoner from mandatory conditional release supervision because he had not consented to the release. The court reversed, holding that mandatory conditional release is a matter of statutory right,
• Smith v. Colman
  528 F.2d 1362· 5th Cir.· 1976-03-22 ·cited 2×
  The court held that a violation of a state speedy trial rule does not, by itself, constitute a denial of the federal constitutional right to a speedy trial, which is cognizable in federal habeas corpus.
• Wiggins v. Honorable Judge Philip Hess
  531 F.2d 920· 8th Cir.· 1976-03-11 ·cited 2×
  Judges are immune from damages under 42 U.S.C. § 1983 unless acting in clear absence of jurisdiction, and a clerk's actions regarding commitment papers do not deprive liberty if the underlying judgment is valid.
• Dower v. Boslow
  539 F.2d 969· 4th Cir.· 1976-03-05 ·cited 2×
  The court held that the difference in the standard of proof between defective delinquency proceedings and involuntary civil commitment does not violate equal protection, but remanded one claim for further consideration.
• Cook v. Gray
  530 F.2d 133· 7th Cir.· 1976-03-02 ·cited 2×
  A sentencing judge's passing reference to a belief in a defendant's perjury, which is apparent to the judge and not subsequently relied upon, does not constitute a constitutional deprivation warranting federal habeas corpus relief.
• Mason v. Ciccone
  531 F.2d 867· 8th Cir.· 1976-02-17 ·cited 2×
  The court held that the exhaustion of administrative remedies requirement for federal prisoners seeking habeas corpus relief is constitutional and does not suspend the writ. The petitioner's claim also failed on the merits.
• Baker v. Louie L. Wainwright
  327 So. 2d 8· Fla.· 1976-01-28 ·cited 2×
  The Florida Supreme Court granted habeas corpus relief and ordered credit for 201 days of pretrial county jail time toward the petitioner's sentence under Florida Statutes Section 921.161.
• Jordan v. United States
  526 F.2d 349· 5th Cir.· 1976-01-22 ·cited 2×·via Habeas Corpus Petition
  The court affirmed the denial of the petition to vacate a prior conviction, finding the proper venue to challenge a sentence enhanced by an invalid conviction is the court currently imposing the sentence.
• Washington v. Estelle
  525 F.2d 1213· 5th Cir.· 1976-01-19 ·cited 2×
  The admission of statements made by a defendant without Miranda warnings, even if potentially admissible for impeachment, was prejudicial error when not used solely for impeachment and lacking a cautionary instruction.
• Smith v. State OF N.C.
  528 F.2d 807· 4th Cir.· 1975-12-24 ·cited 2×
  The court held that the district court did not err in finding the petitioner's sentence was extended due to his seeking credit for jail time, as the state failed to rebut the inference arising from the timing of events and its failure to produce key witnesses.
• Hayward v. Stone
  527 F.2d 256· 9th Cir.· 1975-12-11 ·cited 2×
  The court held that failure to anticipate a change in law occurring after an appeal does not constitute ineffective assistance of counsel.
• Lowell W. Lewis & Ivie D. Griffen. In re the Guardianship OF Cheryl Lynn Lewis. Linda Sue Lewis v. Godwin
  323 So. 2d 14· Fla. 1st DCA· 1975-12-04 ·cited 2×
  The court held that a circuit court lacks authority to appoint a guardian without a verified petition being filed as required by statute.
• Spratley v. Paderick
  528 F.2d 733· 4th Cir.· 1975-11-25 ·cited 2×
  The court held that the petitioner established a prima facie case of racial discrimination in jury selection, but the state must have an opportunity to rebut this showing.
• United States ex rel. Willie Watson v. Housewright
  528 F.2d 259· 7th Cir.· 1975-11-25 ·cited 2×
  The court held that the district court correctly applied retroactivity standards to deny relief for convictions predating the Supreme Court's sex-based equal protection rulings and correctly upheld a conviction occurring after the statutory amendment.
• Blackwell v. Parratt
  526 F.2d 1142· 8th Cir.· 1975-11-25 ·cited 2×
  The court affirmed the district court's grant of habeas corpus, finding the prisoner was not competent to stand trial.
• Johnson v. Louie L. Wainwright
  523 F.2d 1253· 5th Cir.· 1975-11-24 ·cited 2×·via Habeas Corpus Review
  The court held that even if a pretrial photographic identification procedure was impermissibly suggestive, a conviction will not be overturned if the in-court identification has an independent basis.
• Holley v. Louie L. Wainwright
  326 So. 2d 411· Fla.· 1975-11-19 ·cited 2×
  In this mandamus/habeas corpus proceeding, the Florida Supreme Court held that a prison director improperly calculated a prisoner's release date by failing to properly sequence consecutive sentences following a parole revocation. The court ordered recalculation of the petitioner'
• Darl J. Sheely v. Whealon
  525 F.2d 713· 6th Cir.· 1975-11-18 ·cited 2×
  The Sixth Amendment right to counsel was violated when an uncounselled guilty plea, entered at a critical stage of the proceedings, was admitted into evidence at trial.
• United States v. Belle
  525 F.2d 25· 8th Cir.· 1975-11-03 ·cited 2×
  The court held that the sentence was not invalidly enhanced by a reversed conviction because the sentencing judge stated the sentence was based on the seriousness of the crime, not prior convictions.
• Galloway v. Lou V. Brewer
  525 F.2d 369· 8th Cir.· 1975-10-31 ·cited 2×
  The court held that the State must produce all working materials related to a polygraph examination, and if their exclusion prejudiced the defendant, a new trial must be ordered.
• Efthimois Narlidis v. Omer G. Sewell
  524 F.2d 371· 9th Cir.· 1975-10-22 ·cited 2×
  The court held that a Greek naval deserter could be surrendered to Greek authorities under a 1902 treaty, and that claims for asylum or status as a spouse of a US citizen were not grounds to prevent surrender.