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

• Robideau v. Rhay
  431 F.2d 880· 9th Cir.· 1970-09-16 ·cited 2×
  The court held that the district court erred in denying the habeas corpus petition without a full record to determine if constitutional error was harmless.
• Allen v. Schneckloth
  431 F.2d 635· 9th Cir.· 1970-09-16 ·cited 2×
  The court held that the district court should defer ruling on the habeas petition to allow the petitioner to present his claim regarding the denial of new counsel to the California courts.
• Bongiorno v. Moseley
  431 F.2d 1175· 10th Cir.· 1970-09-09 ·cited 2×
  The court held that the petitioner's parole revocation hearing was not a sham under the rules then prevailing and that the rule announced in a subsequent case was not applicable to his hearing.
• Barbosa v. Craven
  431 F.2d 698· 9th Cir.· 1970-09-09 ·cited 2×
  The court held that a state prisoner's petition for a writ of habeas corpus was properly denied as his claims were previously adjudicated and lacked merit.
• McFARLANE v. Colonel Guy DeYOUNG
  431 F.2d 1197· 9th Cir.· 1970-09-02 ·cited 2×
  The court held that the factual distinctions between this case and Beaty v. Kenan were de minimis, and therefore the soldier's absence without authority did not justify denial of habeas corpus relief.
• Pulley v. Norvell
  431 F.2d 258· 6th Cir.· 1970-08-18 ·cited 2×
  The court held that the Tennessee appellate courts' consideration of an out-of-time bill of exceptions did not violate the appellant's equal protection rights, and that consecutive sentences for robberies committed on the same occasion were permissible under the circumstances.
• Lonabelle Coker v. Montgomery
  238 So. 2d 490· Fla. 1st DCA· 1970-08-18 ·cited 2×
  In this habeas corpus appeal, the Florida District Court of Appeal, First District, upheld a trial court's decision awarding custody of a minor child to her biological mother over the child's paternal grandmother, who held custody under a Georgia divorce decree. The court held th
• Salcedo v. Lt. Col. Richard F. Lauer
  430 F.2d 1282· 9th Cir.· 1970-08-06 ·cited 2×
  The court held that the district court correctly dismissed the action for lack of jurisdiction, as the appellant had not exhausted administrative remedies and the claims did not invoke mandamus jurisdiction.
• United States ex rel. Jack Kamsler v. Attorney General OF the United States
  430 F.2d 635· 7th Cir.· 1970-07-29 ·cited 2×
  Habeas corpus relief is not available to a petitioner who has been unconditionally discharged from the federal sentence he seeks to challenge.
• Kearns v. Field
  432 F.2d 68· 9th Cir.· 1970-07-29 ·cited 2×
  The judgment must be reversed because the state court record, crucial for determining if the guilty plea was induced by an unfulfilled promise, was not provided to the district court.
• United States ex rel. David Barber v. Commonwealth OF Pa.
  429 F.2d 518· 3d Cir.· 1970-07-27 ·cited 2×
  The court held that the appellant's claims were either procedurally barred or moot due to his own actions, and affirmed the lower court's decision.
• Norwood v. Jacobs
  430 F.2d 903· D.C. Cir.· 1970-07-24 ·cited 2×
  The court held that a person committed as a sexual psychopath cannot remain committed if they are found to be mentally ill, as the two conditions are statutorily mutually exclusive.
• United States ex rel. Jon M. Mudry v. Rundle
  429 F.2d 1316· 3d Cir.· 1970-07-17 ·cited 2×
  The court held that convictions for unlawful use and possession of narcotics do not violate the Eighth Amendment or constitute double jeopardy.
• Bolton v. Kropp
  428 F.2d 1166· 6th Cir.· 1970-07-16 ·cited 2×
  The court held that the district court erred in denying the habeas corpus petition without a hearing, as the appellant's allegations of psychological coercion raised factual issues requiring further inquiry.
• Kincaid Wilson v. State OF N.C.
  429 F.2d 622· 4th Cir.· 1970-07-15 ·cited 2×
  A guilty plea is not rendered involuntary solely because it was induced by the defendant's desire to avoid the maximum penalty, provided the plea was otherwise knowing, intelligent, and voluntary.
• Chapa v. Beto
  428 F.2d 1215· 5th Cir.· 1970-07-07 ·cited 2×
  The court held that the district court did not err in denying the petition for a writ of habeas corpus.
• United States ex rel. Roosevelt Stevenson v. Mancusi
  428 F.2d 758· 2d Cir.· 1970-07-06 ·cited 2×
  The court affirmed the district court's order, finding no reversible abuse of discretion despite procedural issues with evidence authentication.
• Martinez v. Craven
  429 F.2d 18· 9th Cir.· 1970-07-01 ·cited 2×
  The court held that the district court should defer action on the habeas petition to allow the petitioner to present a newly decided issue to the state courts.
• Leyvas v. Harris
  428 F.2d 366· 7th Cir.· 1970-06-26 ·cited 2×
  A prisoner conditionally released under 18 U.S.C. § 4164, even for a narcotics offense where parole is statutorily inapplicable, can be arrested for violation of release conditions and required to serve the remainder of the original sentence.
• United States ex rel. John Hussey v. LaVALLEE
  428 F.2d 457· 2d Cir.· 1970-06-24 ·cited 2×·via Writ Of Habeas Corpus
  A joint representation does not violate the Sixth Amendment unless specific prejudice resulting from the conflict is shown.
• Jones v. Craven
  428 F.2d 478· 9th Cir.· 1970-06-23 ·cited 2×·via Federal Habeas Corpus
  A state prisoner must exhaust available state remedies before seeking federal habeas corpus relief.
• United States ex rel. William Fairfax Wash. v. Maroney
  428 F.2d 10· 3d Cir.· 1970-06-17 ·cited 2×
  The court held that the defendant was denied effective assistance of counsel due to late appointment and lack of preparation, which prejudiced his defense.
• Oma D. Claunch, Jr. v. Page
  427 F.2d 841· 10th Cir.· 1970-06-15 ·cited 2×
  The court held that the petitioner's voluntary guilty plea, entered with competent counsel, waived any prior procedural defects in the juvenile certification proceedings.
• Watmuff v. Perini
  427 F.2d 527· 6th Cir.· 1970-06-09 ·cited 2×
  The court held that a late return of process does not entitle a petitioner to default judgment in a habeas corpus case, and the petition failed to state a claim.
• Gov't of the Virgin Islands v. Bolones
  427 F.2d 1135· 3d Cir.· 1970-06-09 ·cited 2×
  The court held that while the denial of habeas corpus petitions is affirmed, the denial of bail requires remand for a hearing considering the Bail Reform Act's conditions.
• Stotts v. Perini
  427 F.2d 1296· 6th Cir.· 1970-06-04 ·cited 2×
  The court held that a federal habeas corpus court must conduct an evidentiary hearing when a state trial court fails to make express findings resolving critical factual disputes concerning a claimed constitutional deprivation.
• Lindsey v. Craven
  427 F.2d 153· 9th Cir.· 1970-05-25 ·cited 2×
  The court held that the petitioner had not exhausted his state remedies because the specific procedural issue regarding Jackson v. Denno was not raised in prior state court proceedings.
• Anaya v. Baker
  427 F.2d 73· 10th Cir.· 1970-05-25 ·cited 2×
  The court held that the trial court's restrictive 'pauper' standard for appointing counsel was unconstitutional and did not conform to federal mandate.
• Crummie v. Louie L. Wainwright
  427 F.2d 135· 5th Cir.· 1970-05-20 ·cited 2×
  The court held that the lineup was not so unnecessarily suggestive and conducive to irreparable mistaken identification as to constitute a denial of due process.
• Forrest Eugene Smith v. Ward Lane
  426 F.2d 767· 7th Cir.· 1970-05-18 ·cited 2×
  The court held that a record entry showing a defendant was asked if he wanted an attorney and stated he wanted to plead guilty is insufficient to establish an intelligent waiver of counsel if it does not also show he was informed of his right to appointed counsel if indigent.
• Emmet Earl Burns v. Wingo
  426 F.2d 227· 6th Cir.· 1970-05-14 ·cited 2×
  The court held that the appellant had exhausted his state remedies by raising the factual issue of the voluntariness of his guilty plea before the state courts.
• Schildan v. Gladden
  426 F.2d 1158· 9th Cir.· 1970-05-12 ·cited 2×
  The court held that the appellant did not deliberately bypass state procedures by failing to challenge the admissibility of his confessions, as his counsel's actions were strategic to present the voluntariness issue to the jury.
• Juelich v. Harris
  425 F.2d 814· 7th Cir.· 1970-05-07 ·cited 2×
  The court held that the petitioner waived his right to challenge the grand jury selection by failing to raise the objection prior to trial.
• Brown v. Beto
  425 F.2d 246· 5th Cir.· 1970-04-30 ·cited 2×
  The court held that the admission of evidence concerning the murder weapon, even if erroneous, was harmless beyond a reasonable doubt and did not prejudice the defendant.
• Anderson v. Anderson
  234 So. 2d 722· Fla. 3d DCA· 1970-04-29 ·cited 2×
  Florida appellate court reversed a trial court's award of temporary custody to the father based on a foreign custody order, holding that Florida courts must independently determine custody based on the best interests of the child rather than merely deferring to foreign jurisdicti
• Schram v. Hoyt C. Cupp
  425 F.2d 612· 9th Cir.· 1970-04-17 ·cited 2×
  The dissenting judge would affirm the trial court's finding that the appellant failed to meet the burden of proving an inadequate waiver of counsel.
• Readus R. Shepard v. Louie L. Wainwright
  424 F.2d 535· 5th Cir.· 1970-04-09 ·cited 2×
• United States ex rel. John Louis Mertz v. State of N.J.
  425 F.2d 819· 3d Cir.· 1970-04-07 ·cited 2×
  The court affirmed the denial of the habeas corpus petition, finding most claims meritless and one claim to be affirmed without prejudice to state court proceedings.
• Jackson v. United States
  423 F.2d 1146· 8th Cir.· 1970-04-07 ·cited 2×
  A federal prisoner serving a state sentence may file a motion to vacate a federal sentence that has not yet commenced, as 'custody' under § 2255 is interpreted broadly to encompass the entire duration of imprisonment.
• United States ex rel. John Bradley v. McMANN
  423 F.2d 656· 2d Cir.· 1970-04-03 ·cited 2×
  The court held that the appellant's claim of ineffective assistance of counsel was not supported by the record, as the alleged prejudice was not demonstrated.
• Leftwich v. Ira M. Coiner
  424 F.2d 157· 4th Cir.· 1970-04-01 ·cited 2×
  Original habeas corpus petitions filed in the West Virginia Supreme Court of Appeals satisfy the exhaustion requirement of 28 U.S.C. § 2254, even after statutory amendments.
• Gibson v. Louie L. Wainwright
  423 F.2d 1110· 5th Cir.· 1970-03-31 ·cited 2×
  The court held that the district court's credibility determination regarding the voluntariness of the guilty plea was not clearly erroneous.
• Boehme v. Maxwell
  423 F.2d 1056· 9th Cir.· 1970-03-31 ·cited 2×
  The court affirmed the denial of the habeas corpus petition, finding the district court correctly applied federal law and did not err in denying an evidentiary hearing.
• United States ex rel. Ollie Bell v. Pinto
  423 F.2d 511· 3d Cir.· 1970-03-31 ·cited 2×
  The court held that the district court erred by not considering all relevant state records, including a post-conviction transcript, before denying the habeas corpus petition without a hearing. The court also noted the need to determine if the petitioner meets the 'in custody' req
• Kiney Joseph Davis v. Beto
  423 F.2d 633· 5th Cir.· 1970-03-30 ·cited 2×
  The court held that the Jackson v. Denno issue must be remanded for determination of state remedy exhaustion, while other claims were without merit.
• Clemmon D. Waters v. Beto
  423 F.2d 934· 5th Cir.· 1970-03-26 ·cited 2×
  The court held that the district court failed to adequately develop all material facts and circumstances, requiring a remand for further proceedings.
• Allard v. Nelson
  423 F.2d 1216· 9th Cir.· 1970-03-24 ·cited 2×
  A prisoner's conclusory allegation that parole revocation was arbitrary and capricious does not raise a constitutional question sufficient for habeas corpus review.
• State of Fla. ex rel. Tommy Lee Gaines v. Wainwright
  233 So. 2d 174· Fla. 3d DCA· 1970-03-23 ·cited 2×
  A Florida inmate filed a habeas corpus petition alleging the state prevented him from perfecting his appeal by failing to provide counsel. The court found the public defender's office inadvertently thwarted his timely appeal and granted him the right to proceed with appellate rev
• Wilhelmi v. Beto
  426 F.2d 795· 5th Cir.· 1970-03-19 ·cited 2×
  The court held that the district court did not err in denying the habeas corpus petition, as the issues raised did not present a federal constitutional question or were properly resolved.
• Hill v. Burke
  422 F.2d 1195· 7th Cir.· 1970-03-17 ·cited 2×
  The court held that the Wisconsin Sex Deviate Act does not violate equal protection by providing different review procedures than the Mental Health Act, as the distinctions are reasonably related to the Act's purpose of public protection and treatment of sex offenders.