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

• Bruce v. Wingo
  457 F.2d 365· 6th Cir.· 1972-03-20 ·cited 2×
  The court held that imposing a greater sentence upon retrial, even when a jury imposes the sentence, is unconstitutional as it deters the assertion of the right to appeal.
• Kurtz v. Laird
  455 F.2d 965· 5th Cir.· 1972-03-07 ·cited 2×
  The court held that the Army Conscientious Review Board's denial of Kurtz's conscientious objector discharge application lacked a basis in fact.
• Ware v. Commanding General
  456 F.2d 1036· 6th Cir.· 1972-03-06 ·cited 2×
  The court held that the requirement for a Selective Service Board to state its reasons for a decision, as established in United States v. O'Bryan, applies only to conscientious objector cases and not to other classifications.
• Clay v. Black
  455 F.2d 667· 6th Cir.· 1972-02-28 ·cited 2×
  The court held that the district court erred in denying the habeas corpus petition without an evidentiary hearing, as the record lacked sufficient facts to determine if constitutional rights were violated.
• United States ex rel. Charles K. Diggs v. Commonwealth of Pa.
  457 F.2d 933· 3d Cir.· 1972-02-25 ·cited 2×
  The court held that the appellant's contentions regarding infirmities in his juvenile court proceedings were without merit.
• Golden v. Henderson
  456 F.2d 376· 5th Cir.· 1972-02-24 ·cited 2×
  The court held that the district court's denial of the habeas petition was proper, as the guilty plea was voluntarily and intelligently entered under pre-Boykin standards.
• Strode v. State OF Miss.
  456 F.2d 1295· 5th Cir.· 1972-02-24 ·cited 2×
  The court held that despite vacating the certificate of probable cause, it would reach the merits of the appeal in the interest of judicial administration.
• Baskerville v. Nelson
  455 F.2d 430· 9th Cir.· 1972-02-23 ·cited 2×
  The court held that the petitioner had not exhausted his state remedies, as a denial by the California Supreme Court without opinion may be based on procedural grounds.
• Alphonse Johnson v. Henderson
  455 F.2d 983· 5th Cir.· 1972-02-17 ·cited 2×
  A state prisoner is entitled to credit on a valid sentence for time served on a prior void conviction, at least from the date the valid sentence was imposed.
• Blaylock v. Fitzharris
  455 F.2d 462· 9th Cir.· 1972-02-17 ·cited 2×
  The court held that the petitioner's statements did not demonstrate a knowing and understanding bypass of state court remedies, and thus an evidentiary hearing on the deliberate bypass issue was required.
• Coursey v. Beto
  455 F.2d 474· 5th Cir.· 1972-02-14 ·cited 2×
  The court held that the district court did not err in denying the habeas corpus petition because the state court's findings regarding the voluntariness of the confession and the effectiveness of counsel were supported by the evidence.
• LeMOINE v. Ailes
  261 So. 2d 573· Fla. 1st DCA· 1972-02-08 ·cited 2×
  A mother sought habeas corpus relief to recover custody of her minor son from her parents, who were withholding the child in violation of a 1966 divorce decree awarding custody to the mother. The court upheld the mother's right to custody, finding her to be a fit and proper perso
• Ruchell MaGEE v. Nelson
  455 F.2d 275· 9th Cir.· 1972-02-07 ·cited 2×·via Writ Of Habeas Corpus
  The court held that the petitioner's claims of inaccurate transcripts, mistreatment during trial, and perjured testimony did not demonstrate prejudice sufficient to warrant habeas corpus relief.
• Siwakowski v. Beto
  455 F.2d 915· 5th Cir.· 1972-02-04 ·cited 2×
  The court held that the district court did not err in denying habeas corpus relief, as the appellant's claims of constitutional violations were without merit.
• Green v. Wingo
  454 F.2d 52· 6th Cir.· 1972-01-27 ·cited 2×
  The court held that even without explicit allegations in the petition, the case must be remanded for an evidentiary hearing to determine if the state court judge adequately examined the petitioner regarding the voluntariness of his guilty plea, following Boykin v. Alabama.
• Outlaw v. Connett
  454 F.2d 719· 5th Cir.· 1972-01-25 ·cited 2×
  The court held that while the district court had jurisdiction, venue was improper, and thus relief was properly denied without prejudice.
• Hayward v. Louie L. Wainwright
  454 F.2d 733· 5th Cir.· 1972-01-18 ·cited 2×
  The court held that defects in criminal informations not objected to before trial do not invalidate convictions and cannot be raised post-verdict.
• Hon. Vincent A. Mancusi v. United States ex rel. Robert Clayton
  454 F.2d 454· 2d Cir.· 1972-01-17 ·cited 2×
  The District Court properly granted habeas corpus relief because the petitioner's confession was involuntary due to coercive circumstances, and the District Court had the authority to redetermine this federal constitutional question.
• State of Fla. ex rel. Roosevelt Young v. Honorable Ben C. Willis
  257 So. 2d 64· Fla. 1st DCA· 1972-01-11 ·cited 2×
• Terry v. Superintendent OF Field Unit #9
  454 F.2d 591· 4th Cir.· 1972-01-10 ·cited 2×
  The court held that the increased sentence imposed by a jury after a trial de novo, without stated reasons, violates North Carolina v. Pearce.
• Thadeaus Roy Culberson v. Louie L. Wainwright
  453 F.2d 1219· 5th Cir.· 1972-01-10 ·cited 2×
  The court held that a prior conviction for assault and intoxication does not preclude a subsequent prosecution for manslaughter when the victim's death occurred after the initial conviction.
• Earp v. Hoyt C. Cupp
  453 F.2d 378· 9th Cir.· 1972-01-10 ·cited 2×
  The court held that the petitioner's admissions were voluntary and made in accordance with his rights, and that the Oregon statute regarding the burden of proving insanity is constitutional.
• Lattimore v. Craven
  453 F.2d 1249· 9th Cir.· 1972-01-10 ·cited 2×
  The court held that the appellant's claim of an unfair jury was without merit because he failed to prove systematic exclusion of Negroes from jury panels.
• Adams v. Louie L. Wainwright
  453 F.2d 416· 5th Cir.· 1972-01-07 ·cited 2×
  The court held that the prisoner's claim for credit against his sentence was without merit.
• Tate v. Warden J. D. Henderson
  453 F.2d 358· 5th Cir.· 1971-12-30 ·cited 2×
  The court held that a prisoner's challenge to the Parole Board's refusal to consider him for parole due to a prior narcotic addiction, based on statutory certification requirements, is properly brought as a habeas corpus petition, not a motion to vacate sentence.
• Caril Ann Fugate v. Madolyn Gaffney
  453 F.2d 362· 8th Cir.· 1971-12-30 ·cited 2×
  The dissenting judge argues that the written confession was inadmissible because it was secured in violation of the juvenile's constitutional rights, specifically due process.
• Dillon v. Colonel V. L. Chandler
  452 F.2d 1081· 9th Cir.· 1971-12-29 ·cited 2×
  The district court lacked jurisdiction to grant a writ of habeas corpus because the petitioner's custodian was not within its territorial jurisdiction.
• Luallen v. Neil
  453 F.2d 428· 6th Cir.· 1971-12-29 ·cited 2×
  The court held that the admission of evidence of the petitioner's silence in the face of accusations and the denial of his right to counsel were constitutionally permissible at the time of his 1950 trial, as subsequent Supreme Court rulings were not retroactive.
• United States ex rel. Eugene H. Kidd v. Commonwealth OF Pa. & Dist. Attorney of Philadelphia Cnty.
  453 F.2d 247· 3d Cir.· 1971-12-29 ·cited 2×·via Federal Habeas Corpus
  The court held that the prisoner's claims of incompetent counsel and an invalid guilty plea lacked merit, and affirmed the denial of habeas corpus relief.
• Finley v. Captain John Drew
  453 F.2d 1240· 3d Cir.· 1971-12-27 ·cited 2×
  The court held that the District Court's order granting a writ of habeas corpus was insufficient for review because it lacked findings of fact and conclusions of law.
• Ferguson v. Cardwell
  452 F.2d 1011· 6th Cir.· 1971-12-23 ·cited 2×
  The court held that the defendant was not subjected to double jeopardy and that his guilty pleas were voluntary.
• Cota v. Eyman
  453 F.2d 691· 9th Cir.· 1971-12-23 ·cited 2×
  The court held that allowing a witness to invoke the Fifth Amendment privilege before the jury, when the prosecution knows the witness will do so, is impermissible if it adds critical weight to the prosecution's case not subject to cross-examination.
• Thomas v. Beto
  452 F.2d 1072· 5th Cir.· 1971-12-22 ·cited 2×
  The court held that the district court did not err in denying the habeas corpus writ without a hearing, as the state court's findings were supported by the record and not clearly erroneous.
• Woods v. Kropp
  451 F.2d 1324· 6th Cir.· 1971-12-13 ·cited 2×
  The appellate court affirmed the district court's denial of the habeas corpus petition, finding the appellant's constitutional rights were not violated.
• Williams v. Judge Jerome Chamberlain
  452 F.2d 607· 5th Cir.· 1971-12-10 ·cited 2×
  The court held that all contentions raised by the appellant are matters for appeal within the Texas state court system.
• McALILEY v. Brig. General William H. Birdsong, Jr.
  451 F.2d 1244· 6th Cir.· 1971-12-06 ·cited 2×
  The court held that the appellant's undesirable discharge did not render his habeas corpus appeal moot due to collateral consequences, and that the district court erred in denying his petition without an evidentiary hearing.
• United States ex rel. William S. Burke v. Mancusi
  453 F.2d 563· 2d Cir.· 1971-11-22 ·cited 2×
  The court held that the petitioner voluntarily and knowingly waived an opportunity to withdraw his guilty pleas, despite the sentencing judge's remarks.
• United States ex rel. James Brown v. Rundle
  450 F.2d 517· 3d Cir.· 1971-11-10 ·cited 2×
  The court held that the appellant's confessions were voluntary and admissible, and his transfer from the Youth Study Center did not constitute an illegal arrest.
• Barber v. Nelson
  451 F.2d 1017· 9th Cir.· 1971-11-10 ·cited 2×
  The court held that a defendant has a federal constitutional right to effective assistance of counsel at a combined probation revocation and initial sentencing proceeding.
• McCRARY v. Louie L. Wainwright
  451 F.2d 360· 5th Cir.· 1971-11-09 ·cited 2×
  The federal district court was not required to hold a second evidentiary hearing, and its findings were not clearly erroneous.
• Saunders v. Louie L. Wainwright
  254 So. 2d 197· Fla.· 1971-11-03 ·cited 2×
  Jerry Saunders sought habeas corpus relief alleging that his court-appointed counsel illegally refused to appeal his rape conviction. The Florida Supreme Court held that Saunders was entitled to pursue his habeas corpus petition because he apparently never received his first dire
• United States ex rel. John Mascia v. Hon. John Zelker
  450 F.2d 166· 2d Cir.· 1971-10-22 ·cited 2×
  A guilty plea, entered with effective counsel, waives most constitutional claims, including those arising from a co-defendant's confession, unless the coercion has an 'abiding impact' on the plea.
• United States ex rel. Clarence Mayfield v. Pate
  451 F.2d 1381· 7th Cir.· 1971-10-13 ·cited 2×
  The court held that the rule established in Pugh v. Pate, invalidating warrants obtained with affidavits signed by a fictitious name, did not apply retroactively to searches conducted before July 1, 1968, and thus affirmed the denial of the habeas corpus petition.
• Cannito v. Sigler
  449 F.2d 542· 8th Cir.· 1971-10-07 ·cited 2×
  The court held that even if evidence was illegally seized and improperly admitted for impeachment, its introduction was harmless error beyond a reasonable doubt given the overwhelming evidence of guilt.
• Smith v. Cady
  452 F.2d 141· 7th Cir.· 1971-10-05 ·cited 2×
  The court held that the petitioner waived his right to challenge the juvenile waiver proceedings by pleading guilty in adult court with the assistance of competent counsel.
• Tuxworth v. Froehlke
  449 F.2d 763· 1st Cir.· 1971-10-04 ·cited 2×
  A preliminary injunction should not be granted without a reasonable possibility of success on the merits, and the petitioner has not demonstrated such a possibility.
• Wade v. State OF Cal.
  450 F.2d 726· 9th Cir.· 1971-10-04 ·cited 2×
  A guilty plea, even if motivated by a coerced confession, is not invalid if the defendant received competent counsel and the plea itself was voluntary and intelligent under the law existing at the time.
• Lara v. Nelson
  449 F.2d 323· 9th Cir.· 1971-10-01 ·cited 2×
• Simmons v. Louie L. Wainwright
  450 F.2d 921· 5th Cir.· 1971-09-30 ·cited 2×
  The court held that the district court correctly denied the petition for a writ of habeas corpus, affirming the denial.
• Mead v. Meier
  449 F.2d 732· 9th Cir.· 1971-09-17 ·cited 2×
  The court held that a federal district court lacks jurisdiction to issue a writ of habeas corpus if the petitioner is not within the court's territorial jurisdiction at the time of filing.