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

• Velleca v. Superintendent, M.C.I., Walpole
  523 F.2d 1040· 1st Cir.· 1975-10-16 ·cited 2×
  The court held that a district court can properly reaffirm a dismissal of a habeas corpus petition without an evidentiary hearing, even if a magistrate recommended dismissal, and can rely on a state court's detailed opinion when the state proceedings were full and fair.
• Fields v. State OF Alaska & William Huston
  524 F.2d 259· 9th Cir.· 1975-10-14 ·cited 2×
  The court held that the non-disclosure of other fingerprints did not violate due process because the evidence was not material or exculpatory.
• Thacker v. Garrison
  527 F.2d 1006· 4th Cir.· 1975-10-06 ·cited 2×
  The court held that the petitioner was not entitled to double credit for time served on a vacated sentence, as the state had already adjusted his commitment to provide credit.
• Gray v. Warden OF the Mont. State Prison
  523 F.2d 989· 9th Cir.· 1975-09-25 ·cited 2×
  The court held that the Montana state court had jurisdiction to sentence the petitioner and that his claim of unconstitutional denial of bail lacked federal merit.
• Arbeitman v. Dist. Court OF Vt.
  522 F.2d 1031· 2d Cir.· 1975-09-16 ·cited 2×
  The court held that the statute prohibiting obstruction of traffic is not unconstitutionally vague or overbroad as applied to the petitioner and on its face.
• Degolyer v. Louie L. Wainwright
  318 So. 2d 518· Fla. 1st DCA· 1975-09-09 ·cited 2×·via Writ Of Habeas Corpus
• United States ex rel. George King v. Hon. Theodore Schubin
  522 F.2d 527· 2d Cir.· 1975-09-02 ·cited 2×
  The court held that the defendant was not denied effective assistance of counsel or a fair trial, and thus the writ of habeas corpus was correctly denied.
• Mays v. Harris
  523 F.2d 1258· 4th Cir.· 1975-08-25 ·cited 2×
• Price v. Perini
  520 F.2d 807· 6th Cir.· 1975-07-25 ·cited 2×
  The court held that late substitution of counsel is not per se a denial of effective assistance of counsel.
• United States ex rel. Nancy Rosner v. Warden, Sing Sing Prison, Ossining, New York
  520 F.2d 1206· 2d Cir.· 1975-07-24 ·cited 2×
  Misinformation about a statutory minimum sentence is as significant to a defendant's decision to plead guilty as misinformation about a maximum sentence.
• United States ex rel. Jeffrey Foster v. Schlesinger
  520 F.2d 751· 2d Cir.· 1975-07-21 ·cited 2×
  The court held that there was no basis in fact to support the Navy's finding that Foster's conscientious objection had crystallized prior to his enlistment, and that his moral and ethical beliefs, even if crystallized pre-enlistment, would not have qualified him for conscientious
• Smith v. Paderick
  519 F.2d 70· 4th Cir.· 1975-07-18 ·cited 2×
  The court held that admitting potentially tainted identification testimony in a bench trial did not violate due process, as the judge could weigh its reliability appropriately.
• Hilleary v. Wallace
  519 F.2d 786· 4th Cir.· 1975-07-09 ·cited 2×
  The court held that the warrantless search of the automobile and the admission of identification testimony were constitutional.
• Heltzel v. Cowan
  518 F.2d 851· 6th Cir.· 1975-07-02 ·cited 2×
  A one-on-one show-up identification, while suggestive, does not violate constitutional rights if the totality of circumstances indicates reliability and a lack of substantial misidentification risk.
• Hill v. Lockhart
  516 F.2d 910· 8th Cir.· 1975-06-03 ·cited 2×
  The court held that requiring a defendant to prove insanity by a preponderance of the evidence as an affirmative defense does not violate due process, provided the prosecution proves all elements of the crime beyond a reasonable doubt.
• Ricon v. Warden, Sam P. Garrison, Cent. Prison, Raleigh, N. C. & State of N.C.
  517 F.2d 628· 4th Cir.· 1975-05-28 ·cited 2×·via Habeas Corpus Relief
• State of Fla. ex rel. William Shapiro v. Sandstrom
  313 So. 2d 134· Fla. 3d DCA· 1975-05-20 ·cited 2×
  William Shapiro appealed the discharge of his habeas corpus petition challenging his detention without bond on first-degree murder charges. The trial court found sufficient evidence that the proof was evident and the presumption great of his guilt, and denied bail. The appellate
• Reed v. Wolff
  511 F.2d 1369· 8th Cir.· 1975-03-13 ·cited 2×
  The court held that the admission of the driver's license evidence, even if erroneous, was harmless error beyond a reasonable doubt given the overwhelming evidence of guilt.
• Stroud v. Hall
  511 F.2d 1100· 1st Cir.· 1975-03-05 ·cited 2×
  A certificate of probable cause should not issue because the conviction did not rest on suppressed evidence or tainted testimony.
• Gregorio Sanchez Torres v. Delgado
  510 F.2d 1182· 1st Cir.· 1975-02-10 ·cited 2×
  The court held that Puerto Rico, like the states, has the authority to permit less-than-unanimous jury verdicts in felony cases.
• DeCHAMPLAIN v. Col. Hewitt E. Lovelace, Jr.
  510 F.2d 419· 8th Cir.· 1975-02-03 ·cited 2×
  The court held that the Uniform Code of Military Justice (UCMJ) procedures for pretrial confinement violate due process by not providing a neutral decision-maker, a hearing, or placing the burden of proof on the government.
• Cherry v. Estelle
  507 F.2d 242· 5th Cir.· 1975-01-24 ·cited 2×
  The court held that the district court erred by not independently examining the state court record before denying habeas relief.
• Finklea v. Estelle
  506 F.2d 438· 5th Cir.· 1975-01-13 ·cited 2×
  The court held that the petitioner's claims of suppressed evidence and ineffective assistance of counsel presented factual disputes requiring an evidentiary hearing.
• Collins v. Green
  505 F.2d 22· 5th Cir.· 1974-12-09 ·cited 2×
  The court held that the petitioner failed to present convincing evidence to rebut the presumption of correctness of the state court's factual determination that his guilty plea was voluntarily and knowingly entered with competent counsel.
• United States ex rel. James Horelick v. The Crim. Court OF the City OF NEW York
  507 F.2d 37· 2d Cir.· 1974-12-05 ·cited 2×
  The court held that the New York Court of Appeals' interpretation of criminal trespass law was not a retroactive change and that the defendant's conduct exceeded any reasonable claim of right, thus reversing the grant of habeas corpus relief.
• Moss v. Wolff
  505 F.2d 811· 8th Cir.· 1974-12-04 ·cited 2×·via Habeas Corpus Review
  The court held that photographic identification procedures, even if somewhat suggestive, do not require setting aside a conviction if there is an independent basis for the identification.
• Ludlum v. Resor
  507 F.2d 398· 1st Cir.· 1974-11-27 ·cited 2×
  A district court may, in its discretion, require a petitioner to exhaust available administrative remedies, such as applying to the Army Board for Correction of Military Records, before proceeding with a habeas corpus petition.
• Cardenas v. Pitchess
  506 F.2d 1224· 9th Cir.· 1974-11-26 ·cited 2×
  The court held that evidence seized during an inventory search of a vehicle and a search of an apartment incident to arrest were legal under federal standards applicable to habeas corpus review, even if state law might deem them illegal.
• Barney J. Baker v. State OF Ark.
  505 F.2d 750· 8th Cir.· 1974-11-19 ·cited 2×
  The court held that Arkansas Supreme Court Rule 8(d) does not violate a prisoner's constitutional right of access to the courts.
• Lowe v. Hopper
  501 F.2d 952· 5th Cir.· 1974-09-27 ·cited 2×
  The court held that the record lacked sufficient evidence to determine if the opening of a letter constituted an unconstitutional search or seizure under the Fourth Amendment.
• Mueller v. Turcott
  501 F.2d 1016· 7th Cir.· 1974-08-19 ·cited 2×
  The court held that the denial of a prisoner's transfer for vocational training, based on medical condition and supervision needs, was a rational administrative decision within the discretion of prison officials, and thus did not warrant habeas corpus relief or a § 1983 claim for
• McDONALD v. State OF Ark.
  501 F.2d 385· 8th Cir.· 1974-08-05 ·cited 2×
  The court held that the petitioner's claims regarding an unconstitutional arrest and search, jury misconduct, newly discovered evidence, cruel and unusual punishment, trial appearance, prosecution by information, denial of counsel, and speedy trial did not warrant federal habeas
• State OF N.C. v. Smith
  501 F.2d 613· 4th Cir.· 1974-07-25 ·cited 2×
  The court held that the record lacked sufficient evidence to support the finding that the Indeterminate Sentence Committee extended the prisoner's sentence due to his successful petition for credit.
• Thomas v. Shaw
  497 F.2d 123· 5th Cir.· 1974-07-18 ·cited 2×·via Habeas Corpus Petition
  The court held that the district court erred in dismissing the complaint as a habeas corpus petition without allowing for further fact development.
• Keith v. Chilgren
  499 F.2d 204· 8th Cir.· 1974-07-10 ·cited 2×
  The court held that the Air Force's denial of the conscientious objector discharge application lacked a basis in fact, reversing the district court's denial of habeas corpus.
• State v. Gundell
  298 So. 2d 504· Fla. 1st DCA· 1974-07-09 ·cited 2×·via Writ Of Habeas Corpus
  Florida appealed the dismissal of criminal charges against Gundell for LSD sale and possession based on a speedy trial violation. The court affirmed the dismissal, reinterpreting the defendant's motion as a habeas corpus petition after finding his initial speedy trial demand prem
• Burge v. Estelle
  496 F.2d 1177· 5th Cir.· 1974-07-05 ·cited 2×·via Federal Habeas Corpus
  The court held that a spouse's voluntary consent validates a warrantless search under federal constitutional standards, regardless of stricter state law in the jurisdiction where the search occurred.
• Edwards v. State OF La.
  496 F.2d 904· 5th Cir.· 1974-07-03 ·cited 2×
  The court held that it lacked jurisdiction to hear the State's appeal from the March 30 order because the State failed to file a timely notice of appeal. The court affirmed the district court's November 5 order granting habeas corpus relief.
• Brown v. Louie L. Wainwright
  495 F.2d 559· 5th Cir.· 1974-06-07 ·cited 2×
  The court affirmed the denial of relief on the Florida speedy trial rule claim but vacated and remanded the federal speedy trial claim for failure to exhaust state remedies.
• van Geldern v. Field
  498 F.2d 400· 9th Cir.· 1974-05-29 ·cited 2×
  The court held that the district court did not abuse its discretion in denying the habeas corpus petition based on the concurrent sentence doctrine, as the petitioner failed to demonstrate significant prejudice from the challenged conviction.
• Manuel v. Salisbury
  497 F.2d 388· 6th Cir.· 1974-05-17 ·cited 2×
  The court held that the petitioner failed to prove a denial of due process, as there was no evidence that confidential information was disclosed by his attorney's partner to the prosecutor.
• United States ex rel. Dr. Jesse Williams, II v. Preiser
  497 F.2d 337· 2d Cir.· 1974-05-09 ·cited 2×
  The court held that the constitutional right to privacy recognized in Roe v. Wade applies retroactively to Dr. Williams' conviction for manslaughter under a prior abortion statute, rendering the conviction void.
• Dames v. Louie L. Wainwright
  491 F.2d 1098· 5th Cir.· 1974-04-01 ·cited 2×
  The court held that the defendant's contention that he was entitled to more credit for time served was without merit, as he received the bargained-for sentence and was not punished for exercising post-conviction rights.
• Peters v. Gray
  494 F.2d 327· 7th Cir.· 1974-03-29 ·cited 2×
  A state trial judge's refusal to appoint new counsel for an indigent defendant, based on the defendant's dissatisfaction, does not violate the Sixth Amendment if the defendant received effective assistance of counsel and the trial was not fundamentally unfair.
• Stidham v. Swenson
  506 F.2d 478· 8th Cir.· 1974-03-28 ·cited 2×
  The court held that not all material facts were adequately developed at the state court hearing, requiring an evidentiary hearing in the district court.
• Strader v. Estelle
  491 F.2d 969· 5th Cir.· 1974-03-27 ·cited 2×
  The court held that the search was incident to a lawful arrest and the in-court identification was independent of any lineup defects, thus affirming the dismissal of the habeas petition.
• Peters v. Kiff
  491 F.2d 967· 5th Cir.· 1974-03-27 ·cited 2×
  The court held that the denial of a continuance was not an abuse of discretion and that the evidence presented did not establish a prima facie case of systematic jury discrimination.
• United States ex rel. Charles Townsend v. Twomey
  493 F.2d 1325· 7th Cir.· 1974-03-18 ·cited 2×
  The court held that the appeal should be dismissed and the petition consolidated with a prior case, as the primary issue is whether the state timely determined to resentence the petitioner, which should be resolved in state post-sentencing procedures.
• Featherston v. United States
  491 F.2d 96· 5th Cir.· 1974-03-14 ·cited 2×·via Habeas Corpus Petition
  The court held that the trial judge's voir dire questions regarding racial prejudice were sufficient to satisfy constitutional requirements, distinguishing the case from Ham v. South Carolina.
• Reid v. Rose
  493 F.2d 1248· 6th Cir.· 1974-03-13 ·cited 2×
  A defendant who has pleaded guilty cannot raise independent claims of prior constitutional rights violations.