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

• Calletano Cisneros, Jr. v. Beto
  423 F.2d 201· 5th Cir.· 1970-03-16 ·cited 2×
  A habeas corpus petitioner who pleads guilty does not require an evidentiary hearing if the plea was voluntary and understood.
• Aguilar v. Field
  423 F.2d 271· 9th Cir.· 1970-03-06 ·cited 2×
  The court held that the trial court did not err in denying a habeas corpus petition without a hearing because the allegations did not establish a need for one.
• Ballard v. Nelson
  423 F.2d 71· 9th Cir.· 1970-03-04 ·cited 2×
  The court held that the arrest and seizure were lawful, the confessions were voluntary and properly admitted, and the petitioner received effective assistance of counsel.
• United States ex rel. David Preston v. The Hon. Vincent R. Mancusi
  422 F.2d 940· 2d Cir.· 1970-03-03 ·cited 2×
  A federal court need not hold an evidentiary hearing on a habeas corpus petition if it has an adequate substitute for missing state court testimony and the state court's factual determination is fairly supported by the record.
• Morgan Goodall v. State
  232 So. 2d 263· Fla. 2d DCA· 1970-02-27 ·cited 2×
  The court held that the denial of the petition for post-conviction relief was proper because the defendant's guilty plea was not coerced and counsel's advice was sound.
• McCLELLAN v. Young
  421 F.2d 690· 6th Cir.· 1970-02-13 ·cited 2×
  A district judge cannot improperly defer action on a habeas corpus petition or delegate judicial functions to a law clinic.
• Eltesa Williams v. Turner
  421 F.2d 168· 10th Cir.· 1970-02-06 ·cited 2×
  The court held that a plea of guilty to obtaining money by false pretenses is void if the defendant was only charged with forgery, as the former is not a necessarily included offense of the latter under Utah law.
• Devers v. People OF the State OF Cal. & Lawrence F. Wilson
  422 F.2d 1263· 9th Cir.· 1970-02-06 ·cited 2×
  The court held that the district court's findings were not clearly erroneous and that the burden was on the petitioner to produce favorable evidence.
• Johnson v. Louie L. Wainwright
  230 So. 2d 700· Fla. 1st DCA· 1970-02-03 ·cited 2×
  Johnson seeks habeas corpus review of a denied Rule 1.850 motion attacking his guilty plea as involuntary. The First District Court of Appeal holds it lacks jurisdiction and dismisses the petition, directing Johnson to the proper appellate forum.
• United States ex rel. Frank Cole v. Follette
  421 F.2d 952· 2d Cir.· 1970-02-03 ·cited 2×
  The court held that the state trial court's forcing the defendant to trial without counsel, after his retained counsel unexpectedly withdrew, violated his constitutional right to counsel and due process.
• Bocchino v. Wainwright
  231 So. 2d 238· Fla. 3d DCA· 1970-02-03 ·cited 2×
  The court held that the petitioner's habeas corpus petition should be denied, and affirmed the trial court's order denying relief.
• Morris v. Wingo
  421 F.2d 651· 6th Cir.· 1970-01-29 ·cited 2×
• Leventhal v. Gavin
  421 F.2d 270· 1st Cir.· 1970-01-22 ·cited 2×
  The court held that the district court's findings were not clearly erroneous, affirming the dismissal of the habeas corpus petition.
• Sheppard v. The E. W. Scripps Co.
  421 F.2d 555· 6th Cir.· 1970-01-21 ·cited 2×
  The court held that the coroner's actions were protected by quasi-judicial immunity, thus the Civil Rights Act claim must fail.
• United States ex rel. Robert T. Burke v. Mancusi
  425 F.2d 1061· 2d Cir.· 1970-01-06 ·cited 2×
  The court held that the appellant's subsequent habeas corpus petition was properly dismissed under 28 U.S.C. § 2244(b) as it did not present a new ground not previously adjudicated and the appellant had not shown justification for failing to raise the issue earlier.
• Stevens v. Page
  420 F.2d 933· 10th Cir.· 1969-12-30 ·cited 2×
  The court held that the petitioner's Sixth Amendment right to effective assistance of counsel was not violated, nor did he enter his guilty pleas unknowingly.
• DeLage Larry Smith v. United States
  421 F.2d 150· 5th Cir.· 1969-12-17 ·cited 2×
  The court held that a federal prisoner must first utilize the remedy of a motion to vacate sentence under 28 U.S.C. § 2255 before seeking habeas corpus relief.
• Love v. Perini
  418 F.2d 905· 6th Cir.· 1969-12-11 ·cited 2×
  The court held that the appellant has not exhausted his available state remedies for his habeas corpus claims.
• Watson v. Eyman
  419 F.2d 1375· 9th Cir.· 1969-12-01 ·cited 2×
  The court held that the state failed to prove the defendant intelligently and understandingly waived his right to counsel at sentencing.
• Logue v. Hinote
  228 So. 2d 414· Fla. 1st DCA· 1969-11-26 ·cited 2×
  The court held that the $25,000 bail set for the petitioner was excessive and violated Article I, Section 14 of the Florida Constitution.
• United States ex rel. Charles Sims v. LaVALLEE
  418 F.2d 437· 2d Cir.· 1969-11-24 ·cited 2×
  The court held that the federal habeas court properly considered the voluntariness of the confession de novo and that the appellant's claims of coercion were not persuasive.
• United States ex rel. Benedetto Romeo v. McMANN
  418 F.2d 860· 2d Cir.· 1969-11-17 ·cited 2×
  The court held that the prosecutor's conduct did not violate due process by suppressing evidence, as the essential facts of the bargain were disclosed and any confusion did not affect the jury's appraisal of the witness's credibility.
• Welton Vanhook v. Craven
  419 F.2d 1295· 9th Cir.· 1969-11-14 ·cited 2×
  The court held that subsequent Supreme Court decisions may warrant redetermination of claims previously rejected, and that the district court erred in not considering the merits of the Anders claim without the state court record.
• Delespine v. Beto
  418 F.2d 871· 5th Cir.· 1969-11-12 ·cited 2×
  The court held that the arrest was lawful and the confession was voluntary, affirming the denial of habeas corpus relief.
• Newland v. Ward Lane
  418 F.2d 143· 7th Cir.· 1969-11-10 ·cited 2×
  The court held that the petitioner was not denied equal protection of the laws despite procedural differences in post-conviction relief for indigent versus retained counsel.
• Cohen v. Louie L. Wainwright
  418 F.2d 565· 5th Cir.· 1969-11-10 ·cited 2×
  The court held that the petitioner was not denied effective assistance of counsel and that the trial judge's actions did not deprive him of constitutional rights.
• Streeter v. Craven
  418 F.2d 273· 9th Cir.· 1969-11-03 ·cited 2×
  The court held that the district court properly rejected claims related to the escape conviction but must reconsider claims related to the robbery conviction in light of new precedent.
• Riccardi v. Perini
  417 F.2d 645· 6th Cir.· 1969-10-24 ·cited 2×
  The court held that the officers lacked probable cause to stop and search the appellee, rendering the subsequent conviction invalid.
• Holland v. State OF Neb.
  416 F.2d 1007· 8th Cir.· 1969-10-14 ·cited 2×
  The court held that the denial of a writ of habeas corpus was proper because the appellant failed to show a reasonable possibility of prejudice or a violation of constitutional rights despite questionable pre-trial identification procedures and denial of counsel.
• Lenhardt v. United States
  416 F.2d 1254· 5th Cir.· 1969-10-09 ·cited 2×
  The court held that a motion under 28 U.S.C. § 2255 is the exclusive remedy for a federal prisoner challenging his sentence in the sentencing court.
• Mundy v. Henderson
  416 F.2d 432· 6th Cir.· 1969-10-09 ·cited 2×
  The court held that the state trial court's refusal to allow defense counsel to inspect notes used by a witness to refresh his memory, while error, did not rise to the level of a federal constitutional violation requiring habeas corpus relief.
• Howard v. State
  230 So. 2d 1· Fla.· 1969-10-01 ·cited 2×·via Writ Of Habeas Corpus
  Calvin Howard petitioned for habeas corpus relief after his conviction for robbery and assault, alleging that custodial interrogation statements were admitted at trial without Miranda warnings. The Florida Supreme Court granted the writ, finding the police procedure—wherein offic
• Bowie v. Beto
  416 F.2d 968· 5th Cir.· 1969-09-24 ·cited 2×
  The court held that the district court did not err in denying habeas corpus relief based on the state record, as at least one life sentence was validly imposed.
• Purdy v. United States ex rel. Lillian Reis
  416 F.2d 1052· 5th Cir.· 1969-09-19 ·cited 2×
  The court held that the district court's order permanently enjoining the state from retrying the petitioner was too broad.
• Reed v. Duter
  416 F.2d 744· 7th Cir.· 1969-09-18 ·cited 2×
  A state cannot deny an indigent juvenile the right to effective review of commitment proceedings, even if state remedies are not technically exhausted, if those remedies are procedurally ineffective.
• United States ex rel. Walter Gordon v. Reincke
  415 F.2d 1126· 2d Cir.· 1969-09-18 ·cited 2×
  The court held that the substitution of a charge for attempted rape for attempted robbery did not deny due process, as the new charge arose from the same occurrence and did not prejudice the defense.
• Young v. State
  226 So. 2d 416· Fla. 1st DCA· 1969-09-18 ·cited 2×
  The court affirmed the trial court's refusal to set aside the conviction and sentence, and additionally held that the sentence should now be carried out.
• Fritzberg v. State
  416 F.2d 917· 5th Cir.· 1969-09-17 ·cited 2×
  The court held that the petitioner's sentence was not in excess of the statutory maximum and that he was not denied due process, as his case did not require a separate hearing like that in Specht v. Patterson.
• Coleman v. Koloski
  415 F.2d 745· 6th Cir.· 1969-09-17 ·cited 2×
  The court held that the appellant's claims of double jeopardy and duplicitous sentencing did not present a federal constitutional question, as the offenses could be independently proven and sentencing is a matter of state law.
• Bennie Earnest Wilson v. Beto
  415 F.2d 774· 5th Cir.· 1969-08-19 ·cited 2×·via Federal Habeas Corpus
• McKENZIE v. Col. Paul B. Schuppener
  415 F.2d 1056· 5th Cir.· 1969-08-18 ·cited 2×
  The court held that the district court should consider the merits of the injunction pending appeal, rather than dismissing based on failure to exhaust administrative remedies.
• Duke v. Wingo
  415 F.2d 243· 6th Cir.· 1969-08-13 ·cited 2×
  The dissenting judge would have granted the writ, arguing the District Court erred in deferring to state court findings on indigency without an evidentiary hearing.
• United States ex rel. Frederick Caster v. The Hon. Vincent R. Mancusi
  414 F.2d 743· 2d Cir.· 1969-08-05 ·cited 2×
  The court held that the federal district court did not err in denying a habeas corpus petition without a hearing, as the state court's hearing was adequate and the appellant's claims were speculative.
• United States ex rel. Herbert Bros. v. Rundle
  414 F.2d 244· 3d Cir.· 1969-07-22 ·cited 2×
  The court held that the relator's contentions must be rejected, adopting the reasoning of a prior federal court opinion.
• Haney v. Nelson
  414 F.2d 801· 9th Cir.· 1969-07-22 ·cited 2×·via Federal Habeas Corpus
  The court held that the petitioner's claims do not raise a federal question and that his statements were admissible under the law at the time of his conviction.
• Warren v. Davis
  412 F.2d 746· 5th Cir.· 1969-07-18 ·cited 2×
  The court held that the prosecutor's failure to disclose the deputy sheriff's testimony did not violate due process because the testimony was not material to the defendant's condition at the time of arrest.
• Foster v. Field
  413 F.2d 1050· 9th Cir.· 1969-07-11 ·cited 2×
  The court held that the appeal from the denial of a habeas corpus petition is dismissed for lack of a certificate of probable cause, as the appeal lacks merit.
• Sinclair Johnson v. Lamont Smith
  414 F.2d 645· 5th Cir.· 1969-07-09 ·cited 2×
  The court held that a habeas corpus petitioner's claim of coerced guilty plea due to attorney misrepresentation regarding suppressed evidence was without merit, as the attorney's advice was factually correct and the alleged misrepresentation did not constitute state action.
• Cole v. State
  413 F.2d 1046· 5th Cir.· 1969-07-02 ·cited 2×·via Habeas Corpus Relief
  The court held that a pre-Miranda confession's admissibility is determined by its voluntariness, and the absence of counsel does not per se invalidate it.
• Domer v. Smith
  412 F.2d 199· 7th Cir.· 1969-06-30 ·cited 2×
  A federal sentence conditioned to begin after a state sentence is valid even if the state release is parole, not final discharge.