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. Richard F. Sniffen v. Hon. Harold W. Follette
  439 F.2d 1082· 2d Cir.· 1971-03-18 ·cited 2×
  The court held that the appellant failed to show the sentencing judge did not warn him of the potential consequences of a statute imposing a greater sentence for being armed.
• Lake v. Hale
  440 F.2d 1191· 5th Cir.· 1971-03-15 ·cited 2×·via Federal Habeas Corpus
  The court held that the district court erred in denying habeas relief for the assault conviction without an adequate record and may need to conduct an evidentiary hearing.
• United States ex rel. William Sanders v. Maroney
  438 F.2d 1185· 3d Cir.· 1971-03-12 ·cited 2×
  The court held that the district court properly found the guilty plea to be knowingly, voluntarily, and understandingly entered, despite the burden of proof initially being misapplied.
• Escute v. Delgado
  439 F.2d 891· 1st Cir.· 1971-03-10 ·cited 2×
  The court held that the Puerto Rican Supreme Court did not err in refusing to apply Escobedo retroactively to a 1943 confession and that the interrogation was not a preliminary hearing under Coleman.
• United States ex rel. Albert A. Raby v. Woods
  440 F.2d 478· 7th Cir.· 1971-03-05 ·cited 2×
  The court held that Raby's conduct constituted resisting arrest under Illinois law, and his conviction did not violate double jeopardy principles despite a prior municipal conviction for obstructing traffic.
• Bryant v. Moore
  438 F.2d 1230· 1st Cir.· 1971-03-05 ·cited 2×
  The court held that the defendant was not constitutionally entitled to counsel when the increased sentence was imposed, as it was not a critical stage of the proceedings.
• Jones v. Vineyard
  438 F.2d 1231· 5th Cir.· 1971-03-03 ·cited 2×
  The court held that the district court correctly denied habeas corpus relief because the appellant failed to exhaust available state remedies.
• Brown v. Beto
  439 F.2d 259· 5th Cir.· 1971-03-01 ·cited 2×
  The court held that while the search warrant affidavits were sufficient, the district court failed to address the petitioner's Miranda contention, requiring remand.
• United States ex rel. Henry Wilson v. Follette
  438 F.2d 1197· 2d Cir.· 1971-02-24 ·cited 2×
  The court affirmed the denial of the writ, holding that the appellant's claims regarding sufficiency of evidence and prejudicial jury charge were without merit or procedurally barred.
• United States v. Manley
  437 F.2d 1250· 10th Cir.· 1971-02-19 ·cited 2×·via Federal Habeas Corpus
  The court held that the totality of the evidence was sufficient to sustain the perjury conviction and that the denial of the motion for grand jury records was proper.
• Abner Lynch v. Henderson
  438 F.2d 977· 5th Cir.· 1971-02-17 ·cited 2×
  A coerced guilty plea cannot be the product of a free and rational choice, and allegations of such coercion state a claim for relief.
• van Sirrs v. Ciccone
  437 F.2d 884· 8th Cir.· 1971-02-10 ·cited 2×
  The Attorney General has the authority to designate a federal prison, including the Medical Center at Springfield, for the service of a convicted federal prisoner's sentence.
• Woodson v. Lou V. Brewer
  437 F.2d 1036· 8th Cir.· 1971-02-09 ·cited 2×
  The court held that the appellant's guilty plea was voluntary, despite procedural irregularities, and that newly discovered evidence of another person's confession does not warrant federal habeas corpus relief.
• Emmitt Alfred Ballard v. The State OF Tex.
  438 F.2d 640· 5th Cir.· 1971-02-08 ·cited 2×
  The court held that there is no absolute right to bail pending appeal and affirmed the denial of the habeas corpus petition.
• Dick Rheingans v. Mitchell
  438 F.2d 345· 9th Cir.· 1971-02-05 ·cited 2×
  A Selective Service registrant classified 1-0 cannot bring a civil action to compel his Board to reopen his classification prior to compliance with an order to report for civilian work.
• Harris v. Beto
  438 F.2d 116· 5th Cir.· 1971-02-05 ·cited 2×
  The court held that the district court correctly denied the petitioner's habeas corpus petition.
• Riley v. Sigler
  437 F.2d 258· 8th Cir.· 1971-02-01 ·cited 2×
  The court held that the trial court's refusal to allow inspection of an inconclusive FBI report and the introduction of fingerprint evidence with a date were harmless errors that did not violate due process.
• Einar Dean Hansen v. Burke
  437 F.2d 829· 7th Cir.· 1971-01-25 ·cited 2×
  The court held that the petitioner was not deprived of his right to counsel at misdemeanor trials or probation revocation hearings, and that prior decisions regarding probation revocation hearings did not apply or were not violated.
• Flanagan v. Beto
  437 F.2d 895· 5th Cir.· 1971-01-25 ·cited 2×·via Federal Habeas Corpus
  Federal habeas courts do not review state court evidentiary rulings unless a constitutional right was violated.
• Dennis v. Louie L. Wainwright
  243 So. 2d 181· Fla. 2d DCA· 1971-01-22 ·cited 2×
  Larry Dennis petitioned for habeas corpus after his notice of appeal was filed late, barring appellate review of his conviction. The court held that if the delay was caused by a state official's negligence rather than Dennis's own conduct, a constitutional question might arise re
• Denney v. State OF Kan.
  436 F.2d 587· 10th Cir.· 1971-01-14 ·cited 2×
  The court held that a federal habeas corpus petition was properly denied for failure to exhaust available state remedies, even when the prisoner claims relief under the Civil Rights Act.
• Application of Carmine Galante
  437 F.2d 1164· 3d Cir.· 1971-01-14 ·cited 2×
  Habeas corpus relief is unavailable for lack of jurisdiction when a prisoner has not first sought relief under 28 U.S.C. § 2255 in the sentencing court.
• Johnson v. Beto
  436 F.2d 1063· 5th Cir.· 1971-01-05 ·cited 2×
  The court held that the federal district court judgment denying habeas corpus relief should be affirmed because the appellant failed to exhaust his state remedies.
• United States ex rel. Robert Boyd v. Rundle
  437 F.2d 405· 3d Cir.· 1970-12-29 ·cited 2×
  The court held that the state court proceedings adequately established that the petitioner intentionally and voluntarily relinquished his right to file post-trial motions and appeal.
• Hyde v. Warden, Maryland Penitentiary
  435 F.2d 710· 4th Cir.· 1970-12-23 ·cited 2×
  The court held that the district court's denial of the habeas corpus petition should not be disturbed, affirming the lower court's finding of voluntary confessions.
• United States ex rel. Elmer Carl Linde v. Brierley
  437 F.2d 324· 3d Cir.· 1970-12-23 ·cited 2×
  The court held that the district court erred in denying habeas corpus without an evidentiary hearing, as the record did not conclusively establish a knowing and intelligent waiver of the right to appeal with counsel.
• Brooks v. Lanty W. McCUTCHEON
  244 So. 2d 515· Fla. 1st DCA· 1970-12-17 ·cited 2×
  The court held that the trial court did not err in denying the habeas corpus petition and appointing the appellee as guardian, as the evidence supported the decision based on the children's best interests and the circuit court's jurisdiction.
• McTYRE v. Pearson
  435 F.2d 333· 8th Cir.· 1970-12-17 ·cited 2×
  The court affirmed the dismissal of the petitioner's federal petition without prejudice, finding it premature and that state courts should have the first opportunity to address the speedy trial issue.
• McKEE v. Page
  435 F.2d 689· 10th Cir.· 1970-12-15 ·cited 2×
  The failure of retained counsel to perfect an appeal within the statutory time, absent a showing of indigency at the time the appeal was due, does not constitute grounds for discharge on habeas corpus.
• Jones v. Louie L. Wainwright
  241 So. 2d 860· Fla. 2d DCA· 1970-12-11 ·cited 2×
  Jimmy Jones sought a writ of habeas corpus claiming he was denied the right to full appellate review of his second degree murder conviction, alleging the trial court failed to advise him of his appeal rights and his counsel failed to assist him by not appealing. The court denied
• In re Osborn v. Russell
  434 F.2d 650· 3d Cir.· 1970-12-03 ·cited 2×
  The court held that the relator had exhausted state remedies on direct appeal, satisfying the exhaustion requirement for federal habeas corpus petitions.
• United States ex rel. James Charles Mazenis v. Lt. Col. Willie H. McBEE
  435 F.2d 18· 7th Cir.· 1970-12-01 ·cited 2×
  The court held that the petitioner was not entitled to a reopening of his classification before accelerated induction, as he was not a student at the time of the order and his enrollment was a controllable circumstance.
• Wiggins v. Smith
  434 F.2d 245· 5th Cir.· 1970-11-30 ·cited 2×
  The court held that the district court correctly denied the habeas corpus petition, affirming the state court's findings.
• Bernie Ludwig v. Louie L. Wainwright
  434 F.2d 1104· 5th Cir.· 1970-11-25 ·cited 2×
  The court held that the district court properly denied the petition for a writ of habeas corpus without an evidentiary hearing.
• Emile v. Fontaine
  434 F.2d 1310· 5th Cir.· 1970-11-24 ·cited 2×
  The court held that a federal sentence should not be credited with time spent in state custody for a separate offense, even if based on the same underlying act.
• Terry v. Peyton
  433 F.2d 1016· 4th Cir.· 1970-11-10 ·cited 2×
  The court held that even if the out-of-court identification was tainted by an illegal arrest, the in-court identification had an independent source and was not a denial of due process. Furthermore, the failure to object to the admission of testimony regarding the out-of-court ide
• Finney v. Louie L. Wainwright
  434 F.2d 1001· 5th Cir.· 1970-11-09 ·cited 2×
  The court held that the prisoner's speedy trial rights were not violated, and the state court's determination of the speedy trial statute's application was not erroneous.
• United States ex rel. James W. Gaines v. Rundle
  435 F.2d 700· 3d Cir.· 1970-11-06 ·cited 2×
  The court held that the District Court did not err in denying the petition for habeas corpus relief, affirming the lower court's findings on all grounds.
• Zavala v. Craven
  433 F.2d 335· 9th Cir.· 1970-11-06 ·cited 2×·via Habeas Corpus Petition
  The court held that the denial of a prior federal habeas petition does not bar a successive petition if the prior denial was based on procedural defects rather than the merits, and the ends of justice require reaching the merits.
• Mrs. Catherine T. Pendergraft v. Cook
  433 F.2d 969· 5th Cir.· 1970-10-29 ·cited 2×
  The court held that it should refrain from deciding the constitutionality of the jury selection statute and instead remand the case to address the illegal search and seizure claim first.
• York v. Page
  433 F.2d 941· 10th Cir.· 1970-10-29 ·cited 2×
  The court held that the petitioner's due process rights were not violated by an unforeseeable construction of an Oklahoma criminal statute.
• Groppi v. Leslie
  436 F.2d 326· 7th Cir.· 1970-10-28 ·cited 2×
  The court held that a legislature possesses the power to summarily punish for contempt, even without providing the accused with a prior opportunity to appear and respond, when the misconduct occurs within the legislative chamber and directly obstructs proceedings.
• Moore v. Dutton
  432 F.2d 1281· 5th Cir.· 1970-10-22 ·cited 2×
  The court held that while the state courts provided sufficient hearings on the coerced confession and deprivation of counsel claims, a further federal evidentiary hearing was necessary on the discriminatory jury selection issue and the retroactivity of Witherspoon v. Illinois.
• State v. Purdy
  240 So. 2d 96· Fla. 3d DCA· 1970-10-13 ·cited 2×
  Harvey Goodman appealed the denial of his habeas corpus petition challenging his extradition from Florida to California. The Florida appellate court affirmed the lower court's decision, finding that California's extradition demand was properly authenticated and supported by valid
• United States ex rel. Alton J. Charbonnet v. Heyd
  432 F.2d 91· 5th Cir.· 1970-10-07 ·cited 2×
  The court held that the appellant failed to demonstrate prejudice from the lack of counsel at a preliminary hearing, thus denying habeas corpus relief.
• Jethro White v. State
  240 So. 2d 150· Fla.· 1970-10-07 ·cited 2×
  Jethro White petitioned for habeas corpus, arguing that his sentence for escape should run concurrently with his earlier breaking and entering sentence. The Florida Supreme Court held that Florida law mandates escape sentences run consecutively to any prior sentence, and the tria
• Hickman v. United States
  432 F.2d 414· 5th Cir.· 1970-10-02 ·cited 2×
  A federal convict is not entitled to credit on their sentence for time spent on parole after violating parole conditions. A delay in executing a parole violator warrant does not constitute a waiver of the government's right to revoke parole.
• Bradford Robert Hull v. Swenson
  431 F.2d 1194· 8th Cir.· 1970-09-28 ·cited 2×·via Federal Habeas Corpus
  The court held that the district court did not err in denying the habeas corpus petition, as the petitioner's claims regarding the denial of counsel and the involuntariness of his confession lacked merit.
• United States ex rel. Francis Monahan v. McMANN
  432 F.2d 778· 2d Cir.· 1970-09-23 ·cited 2×·via Writ Of Habeas Corpus
  A guilty plea can only be collaterally attacked if counsel's advice was incompetent, which was not alleged here.
• United States ex rel. Jack James v. Follette
  431 F.2d 708· 2d Cir.· 1970-09-21 ·cited 2×
  The court affirmed the denial of the habeas corpus writ, finding no need for an evidentiary hearing.