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

• 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.
• Dodge v. Johnson
  471 F.2d 1249· 6th Cir.· 1973-01-19 ·cited 2×
  The court held that the appellant failed to carry his burden of proving his statements were involuntary or that he was denied his constitutional right to counsel at the preliminary examination.
• Kirby v. Beto
  472 F.2d 167· 5th Cir.· 1973-01-16 ·cited 2×
  The court held that the federal habeas corpus petition should have been dismissed for failure to exhaust state remedies, not on the merits.
• United States ex rel. Neil Okerlund v. Laird
  473 F.2d 1286· 7th Cir.· 1973-01-12 ·cited 2×
  The court held that the Army's denial of a conscientious objector discharge had a basis in fact, as the applicant's objection was primarily to war zone duty rather than war in all its forms.
• Richardson v. Beto
  472 F.2d 169· 5th Cir.· 1973-01-12 ·cited 2×
  The court held that a guilty plea waives non-jurisdictional defects in prior convictions used for sentence enhancement.
• Jacobs v. The State OF Tex.
  470 F.2d 1366· 5th Cir.· 1973-01-10 ·cited 2×
  The court held that a federal district court correctly dismissed a habeas corpus petition for failure to exhaust state remedies when a direct appeal on the underlying conviction was still pending.
• Hollis Jordan v. Beto
  471 F.2d 779· 5th Cir.· 1973-01-08 ·cited 2×
  The court held that the petitioner's claims regarding arrest, speedy trial, and bail did not rise to the level of federal constitutional violations.
• Ford v. Wingo
  472 F.2d 148· 6th Cir.· 1973-01-03 ·cited 2×
  The court held that the district court did not err in denying a habeas corpus petition without an evidentiary hearing based on conclusory allegations.
• Baker v. State
  270 So. 2d 424· Fla. 4th DCA· 1972-12-19 ·cited 2×
  Baker appeals his resentencing to twenty years imprisonment following a federal habeas corpus order requiring resentencing. Baker challenges whether gain time credits will be applied under the old or new law, affecting whether he serves eleven years and forty-five days versus nin
• United States ex rel. Anthony Portelli v. LaVALLEE
  469 F.2d 1239· 2d Cir.· 1972-12-06 ·cited 2×
  The court held that witness testimony obtained after police coercion is admissible if the jury is informed of the coercion and can assess the witness's credibility.
• Scarpati v. Louie L. Wainwright
  469 F.2d 1154· 5th Cir.· 1972-11-28 ·cited 2×
  The court held that the new search restrictions announced in Chimel v. California do not apply retroactively to searches conducted before the decision date.
• Pine v. Estelle
  470 F.2d 721· 9th Cir.· 1972-11-27 ·cited 2×
  The court held that the appellant's claims regarding the voluntariness of his guilty plea and waiver of counsel were without merit, and that the lower court's denial of habeas corpus was correct.
• Royce v. Moore
  469 F.2d 808· 1st Cir.· 1972-11-22 ·cited 2×
  The court held that the witness's identification testimony was not unconstitutionally tainted by an impermissibly suggestive show-up because it was based on an independent source derived from observations at the scene.
• United States ex rel. Jose Mario Martinez v. Alldredge
  468 F.2d 684· 3d Cir.· 1972-10-17 ·cited 2×·via Petition For Writ Of Habeas Corpus
  The court held that due process does not require the appointment of counsel for indigent releasees in mandatory release revocation hearings when the factual grounds for revocation are uncontroverted.
• HAY v. Beto
  467 F.2d 1388· 5th Cir.· 1972-10-10 ·cited 2×
  A federal habeas corpus petitioner need not exhaust state remedies if the state's highest court has already ruled on the claims.
• Stubbs v. Louie L. Wainwright
  468 F.2d 248· 5th Cir.· 1972-09-14 ·cited 2×
• Nolan v. The United States
  466 F.2d 522· 10th Cir.· 1972-09-11 ·cited 2×
  The court held that a defendant claiming mental incompetence to stand trial, particularly after recent surgery and medication, must be granted an evidentiary hearing if the claim is not conclusively refuted by existing records.
• Clark v. Henderson
  465 F.2d 888· 5th Cir.· 1972-09-08 ·cited 2×
  The court held that the appeal must be dismissed because it was not timely filed.
• Zizzo v. United States
  470 F.2d 105· 7th Cir.· 1972-08-14 ·cited 2×
  The court held that the parole revocation was sustainable based on the evidence of associating with a person of bad reputation, and that the procedural requirements of Morrissey v. Brewer were not retroactively applicable.
• Flores v. Craven
  464 F.2d 1293· 9th Cir.· 1972-07-26 ·cited 2×
  The District Court erred by failing to conduct an independent review of the state court record when denying a habeas corpus petition.
• Fryer v. Ellis C. MacDOUGALL
  462 F.2d 1093· 5th Cir.· 1972-07-12 ·cited 2×
  The court held that the district court's denial of habeas corpus relief must be vacated and remanded due to the confused state of the record.
• Comeaux v. Henderson
  462 F.2d 1345· 5th Cir.· 1972-07-05 ·cited 2×
  The court held that the district court erred in dismissing the habeas petition without an evidentiary hearing, as factual uncertainties regarding consent to search require further development.
• United States ex rel. Clarence Darrow Caruth v. LaVALLEE
  464 F.2d 449· 2d Cir.· 1972-07-03 ·cited 2×
  The court held that the State's concession regarding an appealable issue for the 1948 conviction made it unnecessary to rule on the constitutional question of the right to appeal after a guilty plea.
• United States ex rel. Arthur E. Martin H-4387 v. Brierley
  464 F.2d 529· 3d Cir.· 1972-06-30 ·cited 2×
  The court held that the petitioner's claims of ineffective assistance of counsel, denial of confrontation, and improper appellate procedure were without merit.
• Lenny Paul Wells v. Pinnock
  463 F.2d 1176· 9th Cir.· 1972-06-29 ·cited 2×
  The court held that a state court's interpretation of state law, even if seemingly illogical, does not present a federal constitutional question.
• United States ex rel. Harry E. Carey v. Johnson
  462 F.2d 592· 3d Cir.· 1972-06-20 ·cited 2×
  The court held that the admission of evidence of a similar prior assault and the jury instructions regarding the defendant's silence did not constitute constitutional error.
• Brookins v. State
  461 F.2d 663· 5th Cir.· 1972-06-19 ·cited 2×
  The court held that the petitioner failed to exhaust state remedies by not presenting his claim to the state appellate courts.
• COX v. Cardwell
  464 F.2d 639· 6th Cir.· 1972-06-15 ·cited 2×
• Hanson v. Warden, Minn. Stillwater State Prison
  461 F.2d 1085· 8th Cir.· 1972-06-14 ·cited 2×
  A federal habeas corpus applicant must show that their version of events, if true, would require a conclusion that the confession was involuntary, not merely procedural shortcomings in the state court's determination.
• Edwards v. Louie L. Wainwright
  461 F.2d 238· 5th Cir.· 1972-06-08 ·cited 2×
  The court held that while the district court erred in denying the appellant access to state court records, this error was harmless because the records did not support his claims.
• United States ex rel. Harry Shank v. Commonwealth of Pa.
  461 F.2d 61· 3d Cir.· 1972-06-01 ·cited 2×
  The court held that the district court did not abuse its discretion in denying a habeas corpus hearing, as the state court's decision that the guilty pleas were voluntary and knowing was fairly supported by the record.
• Williams v. Craven
  460 F.2d 1253· 9th Cir.· 1972-05-30 ·cited 2×
  The denial of habeas corpus relief is affirmed because the petitioner failed to exhaust state remedies for his claims.
• United States ex rel. Patrick Mullen v. Henderson
  467 F.2d 899· 5th Cir.· 1972-05-21 ·cited 2×
  The court held that a guilty plea entered upon advice of competent counsel is voluntary, even if based on coerced confessions.
• Fields v. Swenson
  459 F.2d 1064· 8th Cir.· 1972-05-18 ·cited 2×
  The court held that the officers' "investigative stop" of the vehicle and subsequent search were justified under the Fourth Amendment based on the totality of suspicious circumstances, even without probable cause for arrest at the initial stop.
• United States ex rel. James Morris Fletcher v. Brierley
  460 F.2d 444· 3d Cir.· 1972-05-17 ·cited 2×
  The court held that a habeas petitioner cannot relitigate claims previously decided on the merits, and that the petitioner's claims were either decided, moot, or without merit.
• Shelton v. Beto
  460 F.2d 1234· 5th Cir.· 1972-05-16 ·cited 2×
  The court held that the petitioner's claims did not raise federal constitutional questions and affirmed the denial of habeas corpus relief.
• Keister v. The Honorable Stanley Resor
  462 F.2d 471· 3d Cir.· 1972-05-15 ·cited 2×
  The court held that a reservist is not entitled to a full hearing or a pre-activation determination of discharge eligibility before being activated for unsatisfactory participation.
• United States ex rel. Thomas Earl Dudley v. Elza Brantley
  461 F.2d 653· 7th Cir.· 1972-05-12 ·cited 2×
  The court held that even if the admission of evidence obtained without Miranda warnings was constitutional error, it was harmless beyond a reasonable doubt due to overwhelming eyewitness testimony. The court also found no error in the lower court's reliance on the Illinois Suprem
• Jones v. Beto
  459 F.2d 979· 5th Cir.· 1972-05-10 ·cited 2×
  The court held that the district court erred in denying relief without an evidentiary hearing, as the record was insufficiently developed.
• United States ex rel. Allen Rosenberg v. United States Dist. Court for E. Dist. of Pa. Appeal of Kenneth Paull
  460 F.2d 1233· 3d Cir.· 1972-05-05 ·cited 2×·via Habeas Corpus Petition
  The court held that an appeal from an order denying a motion to dismiss an indictment is not final and appealable, and that petitioners out on bail awaiting trial are not in federal custody for purposes of a § 2255 habeas petition.
• Pryor v. Beto
  460 F.2d 306· 5th Cir.· 1972-05-01 ·cited 2×
  A federal habeas petition is not barred as successive if the prior petition was denied for failure to exhaust state remedies, and the petitioner has since exhausted those remedies.
• Douglas v. Nixon
  459 F.2d 325· 6th Cir.· 1972-04-27 ·cited 2×·via Application For Writ Of Habeas Corpus
  The court affirmed the district court's judgment, constrained by prior precedent.
• Jones v. Haskins
  459 F.2d 479· 6th Cir.· 1972-04-20 ·cited 2×
  The court held that while the state trial court may have committed errors, none rose to the level of federal constitutional violations depriving the appellant of due process.
• Levon Brown v. Daggett
  458 F.2d 14· 8th Cir.· 1972-04-12 ·cited 2×
  The court held that a parole granted 'to the physical custody of detainers only' is ineffective until the inmate is taken into the custody of the detaining authority.
• Davis v. State
  260 So. 2d 547· Fla. 2d DCA· 1972-04-12 ·cited 2×
• United States ex rel. Karl Meyer v. Weil
  458 F.2d 1068· 7th Cir.· 1972-03-28 ·cited 2×·via Writ Of Habeas Corpus
  The court held that being at large on bail does not constitute 'custody' for the purposes of a writ of habeas corpus.
• United States ex rel. Theodore Watson v. Yeager
  458 F.2d 23· 3d Cir.· 1972-03-28 ·cited 2×
  The court held that the district court correctly dismissed the habeas corpus petition because the alleged trial errors did not rise to the level of constitutional violations depriving the petitioner of a fair trial.
• LEE v. Louie L. Wainwright
  457 F.2d 771· 5th Cir.· 1972-03-28 ·cited 2×
  The court held that while the petitioner's claim of inadequate counsel was properly rejected, the denial of a hearing on his competence to stand trial was not adequately addressed by the lower court.
• Brill v. Salisbury
  457 F.2d 144· 6th Cir.· 1972-03-27 ·cited 2×
  The Sixth Circuit reversed the district court's grant of habeas corpus, holding that the Griffin rule regarding prosecutorial comment on a defendant's failure to testify was not retroactively applicable to petitioner's case.
• United States ex rel. Thomas William Robinson v. Laird
  457 F.2d 741· 7th Cir.· 1972-03-24 ·cited 2×
  The court held that the Navy had no basis in fact for denying the petitioner's application for discharge as a conscientious objector.