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

• 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.
• Grover Cleveland McDANIEL v. Jones
  447 F.2d 490· 5th Cir.· 1971-08-27 ·cited 2×
  The court held that the dismissal of both the habeas corpus application and the civil rights action were improper and required reversal.
• Mead v. Meier
  448 F.2d 1267· 9th Cir.· 1971-08-23 ·cited 2×
  A state prisoner who has presented his ineffective assistance of counsel claim to the highest state court on direct appeal has exhausted his state remedies for federal habeas corpus purposes.
• Hayes v. Smith
  447 F.2d 488· 5th Cir.· 1971-08-16 ·cited 2×
  A knowing and voluntary guilty plea waives all prior non-jurisdictional defects, including those alleged by the appellant.
• United States ex rel. Robert Loray v. Yeager
  446 F.2d 1360· 3d Cir.· 1971-08-16 ·cited 2×
  The court held that the district court did not err in denying the habeas corpus petition, as the state record adequately supported the finding that the confession was not coerced.
• Howard v. Beto
  446 F.2d 1370· 5th Cir.· 1971-08-13 ·cited 2×
  The court held that the record lacked sufficient facts to deny the habeas corpus petition, requiring further factual exploration.
• The State of Fla. ex rel. James E. Brocato v. Purdy
  251 So. 2d 309· Fla. 3d DCA· 1971-08-10 ·cited 2×
  The court held that a person summoned for jury duty and failing to appear, when the statute prescribes a fine as penalty, cannot be held in contempt and jailed without further proceedings.
• Wilwording v. Swenson
  446 F.2d 553· 8th Cir.· 1971-08-02 ·cited 2×
  The court held that a prior denial of a habeas corpus petition on the merits is controlling if the same ground is presented and the ends of justice would not be served by reaching the merits again.
• Harris v. Cardwell
  447 F.2d 1339· 6th Cir.· 1971-07-29 ·cited 2×
• Robert L. Hunt (Alias Donald Adams) v. State OF Ga.
  445 F.2d 1228· 5th Cir.· 1971-07-21 ·cited 2×
  The court affirmed the denial of habeas corpus relief, finding that the petitioner was adequately represented by counsel and that his voluntary guilty plea waived any non-jurisdictional defects, including challenges to the grand jury composition.
• Lou Ghelfi v. State
  251 So. 2d 720· Fla. 3d DCA· 1971-07-20 ·cited 2×
  Lou Ghelfi appealed the summary denial of a Rule 1.850 petition for post-conviction relief, arguing his right to appeal was thwarted when his privately retained counsel's appeal was dismissed for failure to prosecute due to his subsequent indigency. The court affirmed the denial,
• Burton Farmer v. Kropp
  445 F.2d 5· 6th Cir.· 1971-07-19 ·cited 2×
  The court held that the admission of codefendants' confessions did not violate the rule of Bruton v. United States, and that no federal constitutional violation occurred regarding the admission of evidence.
• Maddox v. Sigler
  445 F.2d 269· 8th Cir.· 1971-07-13 ·cited 2×
  The court held that the appellant's guilty plea was voluntary and knowingly made, and that he received effective assistance of counsel.
• United States ex rel. Dewayne Massey v. Kennedy
  446 F.2d 1388· 5th Cir.· 1971-07-13 ·cited 2×
  The court held that a federal habeas corpus petition is premature when state proceedings, specifically a penalty phase retrial, have not been completed, especially when the petitioner's actions have caused the delay.
• Application of Lyle Nelson for a Writ of Habeas Corpus
  445 F.2d 631· 8th Cir.· 1971-07-01 ·cited 2×·via Federal Habeas Corpus
  The court vacated its prior judgment and remanded the case to the district court for fact-finding on an issue raised by the Solicitor General.
• Ruiz v. Beto
  445 F.2d 811· 5th Cir.· 1971-06-28 ·cited 2×
  The court held that the appellant's contentions regarding ineffective assistance of counsel, voluntary guilty plea, and the need for an evidentiary hearing were without merit.
• Hagelberger v. United States
  445 F.2d 279· 5th Cir.· 1971-06-24 ·cited 2×
  The court held that a prisoner is not entitled to credit for time spent in custody prior to the commutation of a death sentence if the commutation order specifies that the new sentence begins on the date of commutation.
• Chiaie v. Picard
  445 F.2d 804· 1st Cir.· 1971-06-23 ·cited 2×
  The court held that the defendant had not exhausted state remedies and that the Commonwealth should be allowed to provide an evidentiary hearing in its own courts.
• Tippit v. Clark
  444 F.2d 534· 5th Cir.· 1971-06-22 ·cited 2×
  The court held that the appellant's contentions regarding his release and incarceration were without merit.
• United States ex rel. Sam Jiggetts v. Follette
  446 F.2d 114· 2d Cir.· 1971-06-21 ·cited 2×
  The court held that even if the admission of the appellant's statement was error, it was harmless error because the defense strategy at trial essentially conceded the facts admitted in the statement.
• Reynolds v. Rodriguez
  444 F.2d 94· 10th Cir.· 1971-06-14 ·cited 2×
  The court held that neither the prosecutor's conduct nor the petitioner's counsel's failure to object entitled him to federal habeas corpus relief.
• United States ex rel. Warren E. Cronan v. Hon. Vincent R. Mancusi
  444 F.2d 51· 2d Cir.· 1971-06-11 ·cited 2×·via Federal Habeas Corpus
  The court held that the petitioner's confessions were voluntary and that the state proceedings adequately determined their voluntariness, thus denying the petition for a writ of habeas corpus.
• Richardson v. Nelson
  444 F.2d 519· 9th Cir.· 1971-06-08 ·cited 2×
  The court held that the district court applied the correct standard for determining the voluntariness of extrajudicial statements, and its factual findings were not clearly erroneous.
• Bastida v. Hon. Matthew S. Braniff
  444 F.2d 396· 5th Cir.· 1971-06-07 ·cited 2×
  The appellate court affirmed the grant of the writ of habeas corpus but vacated the injunctive order preventing specific state officials from participating in a retrial.
• Townzen v. Craven
  444 F.2d 315· 9th Cir.· 1971-06-02 ·cited 2×
  The court held that state court determinations of state law questions, such as waiver of jurisdiction, are binding on federal courts and do not require a federal evidentiary hearing.
• Alford Cunningham v. Wingo
  443 F.2d 195· 6th Cir.· 1971-05-28 ·cited 2×
  The court held that cruel treatment in jail, while occurring, did not coerce the appellant's guilty plea, and the plea was voluntary. The appellant's primary contention regarding a misunderstanding of the total sentence length was not supported by the evidence.
• United States ex rel. George H. Hartman v. Laird
  443 F.2d 366· 3d Cir.· 1971-05-26 ·cited 2×
  A registrant's claim of conscientious objection made after receiving an induction order is barred by regulation unless it arises from circumstances beyond his control.
• Williams v. Lou Brewer
  442 F.2d 657· 8th Cir.· 1971-05-19 ·cited 2×
  The court held that the petitioner's habeas corpus petition was properly dismissed because the Iowa Supreme Court's interpretation of the statute was binding, and the petitioner's constitutional claims were without merit.
• Clark v. Nelson
  442 F.2d 413· 9th Cir.· 1971-05-13 ·cited 2×
  The court affirmed the denial of the habeas corpus petition, finding no error in the district court's reliance on the state criminal action record without an evidentiary hearing.
• Nielson v. Beto
  444 F.2d 517· 5th Cir.· 1971-05-06 ·cited 2×
  The court held that the case must be remanded for findings of fact and conclusions of law regarding the exhaustion of state remedies on additional grounds raised by the petitioner.
• Kellar v. Ciccone
  442 F.2d 337· 8th Cir.· 1971-05-06 ·cited 2×
  The appeal is dismissed because the petitioner has been transferred to his committing court, rendering the appeal moot.
• Cain v. Hoyt C. Cupp
  442 F.2d 356· 9th Cir.· 1971-04-28 ·cited 2×·via Writ Of Habeas Corpus
  The court held that the prosecutor's actions, including calling a witness who invoked the Fifth Amendment and commenting on that invocation in closing arguments, denied the petitioner a fair trial.
• Clack v. Reid
  441 F.2d 801· 5th Cir.· 1971-04-22 ·cited 2×
  The court held that the admission of prior possession evidence for knowledge and intent, and the denial of a microscopic examination of evidence, did not rise to constitutional error. However, the denial of pre-trial examination of evidence requires further consideration by the s
• Dennis v. Louie L. Wainwright
  247 So. 2d 88· Fla. 2d DCA· 1971-04-21 ·cited 2×
  Dennis sought habeas corpus relief after his notice of appeal was filed late due to alleged negligence by a state employee. The court referred the matter to a commissioner to determine whether Dennis was negligent and whether the state employee's actions constituted state action.
• Rolland v. People of the State OF Mich.
  439 F.2d 1203· 6th Cir.· 1971-04-15 ·cited 2×
  The court held that a statement inadmissible in the prosecution's case in chief may be admissible for impeachment purposes if reliable and uncoerced, following Harris v. New York.
• Lederer v. Tehan
  441 F.2d 295· 6th Cir.· 1971-04-15 ·cited 2×
  The court held that the park patrolman had probable cause to believe the van contained contraband, justifying the warrantless search and seizure under the Fourth Amendment.
• United States v. Franklin
  440 F.2d 1210· 7th Cir.· 1971-04-13 ·cited 2×
  The court held that a prisoner cannot test the legality of their confinement or sentence computation by escaping, and that parole conditions, including re-serving time upon violation, are constitutional.
• United States ex rel. Lt. Walter B. Greenwood v. Resor
  439 F.2d 1249· 4th Cir.· 1971-04-12 ·cited 2×
  The court held that the administrative record did not contain a basis in fact for denying the appellant's discharge as a conscientious objector.
• United States ex rel. George Farmer v. Kosan
  440 F.2d 1256· 2d Cir.· 1971-04-09 ·cited 2×
  The court held that the Supreme Court's decision in Baldwin v. New York, which established a six-month maximum sentence as the threshold for the right to a jury trial, should not be applied retroactively to cases tried before its decision.
• KEY v. Louie L. Wainwright
  440 F.2d 988· 5th Cir.· 1971-04-09 ·cited 2×
  The court held that the prisoner's claims regarding a promised sentence and denial of a justification defense were not of constitutional proportion and affirmed the denial of habeas corpus relief.
• Bennie Williams v. Haynes
  440 F.2d 796· 8th Cir.· 1971-04-01 ·cited 2×
  The court affirmed the denial of habeas corpus relief, holding that the in-court identifications were based on observations independent of the challenged pretrial identification procedure.
• Cunningham v. Beto
  440 F.2d 1331· 5th Cir.· 1971-04-01 ·cited 2×
  The court affirmed the denial of habeas corpus relief because the petitioner's claims regarding jury selection and arrest without a warrant were without merit.
• Basil H. Rutter v. Wright
  439 F.2d 1002· 6th Cir.· 1971-03-31 ·cited 2×
  A petitioner must exhaust state remedies under the Tennessee Post-Conviction Procedure Act of 1967 before seeking federal habeas corpus relief, as the Act provides an available remedy for challenging convictions.
• United States ex rel. Isaac Barr by Mo. Johnson v. Resor
  443 F.2d 707· D.C. Cir.· 1971-03-31 ·cited 2×
  The court held that the Army's denial of Barr's discharge application was without basis in fact because his in-service claim differed from his pre-induction claim.
• Fretwell v. Louie L. Wainwright
  246 So. 2d 132· Fla. 4th DCA· 1971-03-26 ·cited 2×
  Milton Fretwell, an indigent defendant convicted of robbery and sentenced to 40 years, was denied his right to appeal when court-appointed counsel withdrew claiming the appeal was frivolous without following the procedural safeguards required by Anders v. California. The court gr
• Breinz v. Commanding General
  439 F.2d 785· 9th Cir.· 1971-03-25 ·cited 2×
  Failure to exhaust available administrative remedies prior to seeking habeas corpus relief precludes such relief.
• Patterson v. Stynchcombe
  440 F.2d 787· 5th Cir.· 1971-03-25 ·cited 2×
  The court held that the prisoner's allegations were conclusively refuted by state records, affirming the denial of habeas corpus relief.
• Little v. Rhay
  439 F.2d 765· 9th Cir.· 1971-03-24 ·cited 2×·via Writ Of Habeas Corpus
  The court held that the warrantless search was reasonable under the pre-Chimel totality of the circumstances test and affirmed the denial of habeas corpus.
• Hunt v. Nelson
  440 F.2d 58· 9th Cir.· 1971-03-23 ·cited 2×
  The court held that the appellant's guilty pleas were not rendered involuntary or constitutionally invalid by a prior coerced confession or by a meeting with the district attorney in the absence of counsel.
• Oakes v. Howard
  440 F.2d 1075· 6th Cir.· 1971-03-23 ·cited 2×
  The court held that a habeas corpus petition alleging a potential jury impartiality issue requires an evidentiary hearing.