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

• Boyd v. Cowan
  494 F.2d 338· 6th Cir.· 1974-03-13 ·cited 2×
  The court held that a constitutional denial of the right to appeal can occur due to retained counsel's failure to perfect an appeal when facts impose a duty to do so.
• Burchett v. Cardwell
  493 F.2d 492· 9th Cir.· 1974-02-25 ·cited 2×
  A defendant who voluntarily pleads guilty with effective counsel cannot raise independent claims of prior constitutional violations.
• Audsley v. Stack
  289 So. 2d 714· Fla.· 1974-02-06 ·cited 2×
  The Florida Supreme Court dismissed a petition for certiorari challenging an extradition warrant on mootness grounds while preserving the petitioner's right to contest the extradition proceedings in the future. The case involved a conflict between the Fourth District Court of App
• Clyatt v. Ault
  488 F.2d 968· 5th Cir.· 1974-01-25 ·cited 2×
  The appellate court affirmed the district court's dismissal of the habeas petition, finding no clear error in the district court's factual determination that a juror did not witness the petitioner's arrest.
• United States ex rel. Leo Di Giangiemo v. Vincent
  489 F.2d 1370· 2d Cir.· 1974-01-09 ·cited 2×
  The court held that federal courts should not decide constitutional questions involving state law until state courts have had an opportunity to interpret their own statutes.
• Rapp v. Wolff
  489 F.2d 712· 8th Cir.· 1974-01-02 ·cited 2×
  The court held that the trial court did not err in dismissing the habeas corpus petition, finding the plea bargain was kept and counsel was not incompetent.
• Redd v. State OF La. ex rel. C. Murray Henderson
  489 F.2d 766· 5th Cir.· 1973-12-20 ·cited 2×
  The court held that the district court erred in granting habeas corpus relief on a claim not exhausted in state courts.
• Smith v. Louie L. Wainwright
  285 So. 2d 668· Fla. 1st DCA· 1973-11-20 ·cited 2×
  The court held that the petitioner received the necessary procedural safeguards during his parole revocation hearing.
• Smith v. Morgan
  284 So. 2d 12· Fla. 2d DCA· 1973-10-17 ·cited 2×·via Writ Of Habeas Corpus
  Andrew Smith appealed the denial of his habeas corpus petition challenging his conviction for a municipal ordinance violation. The core issue was whether his waiver of counsel was valid under Argersinger v. Hamlin, which requires counsel in misdemeanor cases, given that the waive
• Turner v. Haynes
  485 F.2d 183· 4th Cir.· 1973-10-15 ·cited 2×
  The court held that the district court did not err in denying the habeas corpus petitions, as the record supported the finding that the guilty pleas were voluntary and intelligent.
• Stack v. State of Fla. ex rel. Robert Ebbole
  284 So. 2d 472· Fla. 4th DCA· 1973-10-12 ·cited 2×
  Sheriff Stack appealed a trial court order discharging Robert Ebbole from custody in an extradition proceeding. The court held that the Illinois complaint adequately charged Ebbole with attempted rape and substantially complied with extradition requirements, reversing the dischar
• Pinkins v. Louie L. Wainwright
  283 So. 2d 577· Fla. 2d DCA· 1973-10-10 ·cited 2×
  Florida appellate court granted habeas corpus and allowed a delayed appeal where trial judge failed to advise defendant of appellate rights, but conditioned the appeal on showing it is not frivolous.
• United States ex rel. Vaughan Booker H-9095 v. Johnson
  488 F.2d 229· 3d Cir.· 1973-09-28 ·cited 2×
  The dissent argues that if a guilty plea was induced by counsel's misrepresentation of the law regarding diminished responsibility, an evidentiary hearing is mandated.
• United States ex rel. Robert Rice v. Vincent
  486 F.2d 215· 2d Cir.· 1973-09-05 ·cited 2×
  The court held that the relator should not be released on bail pending the state's appeal from the district court's order granting habeas corpus relief.
• Lemus v. Chandler
  281 So. 2d 913· Fla. 2d DCA· 1973-08-31 ·cited 2×
  The court held that the trial court had jurisdiction to hear the adoption proceeding and should have done so, and that the child should remain with the appellants pending the adoption decision.
• Austin v. Warner
  483 F.2d 70· 9th Cir.· 1973-08-06 ·cited 2×
  The court held that a dismissal without leave to amend was not an abuse of discretion when the appellant failed to provide a transcript or basis for relief.
• Julian v. Harris
  482 F.2d 405· 10th Cir.· 1973-07-31 ·cited 2×
  The court held that Julian's mandatory release revocation hearing was not void, as he was not constitutionally entitled to appointed counsel when the operative facts of his violation were admitted, and his mental competency was properly assessed.
• Phillips v. Cardwell
  482 F.2d 1348· 6th Cir.· 1973-07-31 ·cited 2×
  The court held that the warrantless seizure of heroin was valid under pre-Chimel law and that the failure to disclose the informant's identity was not a constitutional error cognizable in habeas corpus.
• Grizzell v. Louie L. Wainwright
  481 F.2d 405· 5th Cir.· 1973-07-06 ·cited 2×
  The Supreme Court's decision in Mayberry v. Pennsylvania, requiring a judge reviled by a contemnor to recuse themselves from contempt proceedings, should be applied retroactively.
• Eaton v. Capps
  480 F.2d 1021· 5th Cir.· 1973-07-05 ·cited 2×
  The court held that the federal district court correctly remanded the case to the state court for re-sentencing, rather than ordering immediate discharge or re-sentencing itself.
• Gullage v. State OF S.C.
  480 F.2d 1219· 4th Cir.· 1973-06-25 ·cited 2×
  The court held that consent to a search is voluntary if it is the product of a free and deliberate choice, even if the consenting party was unaware of their right to refuse consent.
• Mosley v. Commanding Officer
  480 F.2d 1107· 8th Cir.· 1973-06-20 ·cited 2×
  The court held that the district court erred in conditioning a habeas corpus writ for conscientious objector discharge on the petitioner performing civilian service, as no regulation supported such a condition for servicemen with over 180 days of service.
• Haynes v. Henderson
  480 F.2d 550· 5th Cir.· 1973-06-04 ·cited 2×
  The court held that the district court did not err in denying habeas corpus relief because the prisoner's guilty plea was valid and his federal rights were not violated.
• Weathers v. Henderson
  480 F.2d 559· 5th Cir.· 1973-05-31 ·cited 2×
  A sovereign does not waive its right to custody by surrendering a prisoner to another sovereign.
• Flanagan v. Rose
  478 F.2d 222· 6th Cir.· 1973-05-22 ·cited 2×·via Writ Of Habeas Corpus
  The court held that the search warrants were invalid because the supporting affidavits did not establish probable cause, and there was no evidence of sworn testimony supplementing the affidavits.
• Ross v. Craven
  478 F.2d 240· 9th Cir.· 1973-05-04 ·cited 2×·via Federal Habeas Corpus
  The court held that the federal district court erred in dismissing the habeas petition for failure to exhaust state remedies, as the California Supreme Court had denied the petition on the merits.
• Broxson v. Louie L. Wainwright
  477 F.2d 397· 5th Cir.· 1973-05-03 ·cited 2×
  The court held that the petitioner's new allegations of coercion, not previously raised, warrant a hearing on the voluntariness of his guilty pleas.
• Eleey v. Volatile
  478 F.2d 333· 3d Cir.· 1973-05-03 ·cited 2×
  When a registrant presents a prima facie case for occupational deferment, the draft board must state its reasons for denying the claim, even if the board has other information suggesting the claim is invalid.
• Wrone v. Park J. Anderson
  478 F.2d 291· 10th Cir.· 1973-04-30 ·cited 2×
  The court held that the revocation of the inmate's suspended sentence without a hearing was constitutional under the statutes in effect at the time, as the relevant case law regarding probation revocation was not applicable and the rules for parole revocation were not retroactive
• Rahming v. Louie L. Wainwright
  276 So. 2d 474· Fla.· 1973-04-18 ·cited 2×
  The Florida Supreme Court addressed whether an appointed counsel's failure to file a notice of appeal on behalf of a defendant, despite the defendant's two written requests, violated the defendant's right to appeal. The Court held that appointed counsel must appeal a case regardl
• Copeland v. State
  275 So. 2d 258· Fla. 1st DCA· 1973-03-29 ·cited 2×
  The court held that the petitioner was properly convicted of a felony for breaking and entering with the intent to commit a misdemeanor.
• Griffin v. Hudson
  475 F.2d 814· 6th Cir.· 1973-03-28 ·cited 2×
  The warrantless and coercive search of the appellant's safe was unreasonable and unconstitutional, requiring vacation of convictions for films seized from it, while the seizure of a film from a projector was proper.
• McCRAY v. State OF Ala.
  476 F.2d 256· 5th Cir.· 1973-03-27 ·cited 2×
  The court held that the appellant's claims of an unkept plea bargain and fear of the death penalty did not render his guilty pleas constitutionally infirm.
• Russell v. Henderson
  475 F.2d 1138· 5th Cir.· 1973-03-26 ·cited 2×
  The court held that the case is moot because the appellant is no longer incarcerated.
• Prince v. State OF Ala.
  476 F.2d 298· 5th Cir.· 1973-03-26 ·cited 2×
  The court held that a federal habeas corpus petition under 28 U.S.C. § 2254 is premature if the petitioner's conviction is still on direct appeal in the state court system.
• Roland v. People OF the State OF Mich.
  475 F.2d 892· 6th Cir.· 1973-03-21 ·cited 2×
  A confession obtained in violation of Miranda may be used to impeach a defendant's credibility, even if it cannot be used in the prosecution's case-in-chief.
• Ferguson v. Dutton
  477 F.2d 121· 5th Cir.· 1973-03-21 ·cited 2×
  The court held that the state courts should have the first opportunity to pass on the validity of a habeas petitioner's challenge to jury array based on systematic exclusion of Black jurors, even if the petitioner is white.
• Robinson v. State OF Tenn. & Weldon Cox
  474 F.2d 1273· 6th Cir.· 1973-03-07 ·cited 2×
  The court affirmed the district court's denial of habeas corpus relief, finding no constitutional violations.
• Richmond v. General Stanley Larson
  476 F.2d 1038· 9th Cir.· 1973-03-05 ·cited 2×
• United States ex rel. Frank L. Ferrari v. Henderson
  474 F.2d 510· 2d Cir.· 1973-02-23 ·cited 2×
  The court held that resentencing a defendant to a legal term after a prior illegal suspended sentence, even if it increases punishment, does not violate due process or double jeopardy principles, especially when the resentencing is not motivated by judicial vindictiveness.
• United States v. Carbo
  474 F.2d 698· 9th Cir.· 1973-02-23 ·cited 2×
  The court held that the district court should have treated the defendant's motion as an application for relief under 28 U.S.C. § 2255, thereby retaining jurisdiction to decide the merits.
• United States ex rel. Milton Rivera v. McKENDRICK
  474 F.2d 259· 2d Cir.· 1973-02-15 ·cited 2×
  The court held that the district court's finding of no taint on the in-court identification, supported by the record, was sufficient to deny the petition for habeas corpus.
• United States ex rel. James Smiley v. LaVALLEE
  473 F.2d 682· 2d Cir.· 1973-02-13 ·cited 2×
  The court held that the identification procedures, while imperfect, were not so impermissibly suggestive as to invalidate the victim's identification of the defendant.
• Mozingo v. Craven
  475 F.2d 1254· 9th Cir.· 1973-02-12 ·cited 2×
  The court held that a prior parole revocation, even if followed by subsequent revocations, could have collateral consequences and thus was not moot, requiring a due process hearing.
• Bradley v. Beto
  473 F.2d 1039· 5th Cir.· 1973-02-09 ·cited 2×
  The court held that the petitioner's claims of ineffective assistance of counsel and unconstitutional sentence enhancement were without merit.
• Fallis v. United States
  476 F.2d 619· 5th Cir.· 1973-02-08 ·cited 2×
  The court held that the denial of a church elder's admission and the refusal of 'Family Home Evenings' were permissible minor restrictions on an inmate's religious rights. The appeal was initially dismissed for lack of a final order but later reinstated and affirmed after a final
• Graves v. State OF La.
  472 F.2d 1191· 5th Cir.· 1973-02-07 ·cited 2×
  The court held that the district court improperly dismissed the habeas petition for failure to exhaust state remedies when the issue had been presented to the state's highest court on direct appeal.
• Mayfield v. Steed
  473 F.2d 691· 8th Cir.· 1973-02-06 ·cited 2×
• Kelly v. Wingo
  472 F.2d 717· 6th Cir.· 1973-01-25 ·cited 2×
  The court held that the petitioner had exhausted his state remedies and that he was not denied effective assistance of counsel because he insisted on going to trial despite his attorney's recommendation for a continuance.
• United States ex rel. George Whitmore, Jr. v. Malcolm
  476 F.2d 363· 2d Cir.· 1973-01-22 ·cited 2×
  The court vacated the district court's order denying habeas corpus and dismissed the appeal as moot, granting a petition for rehearing en banc.