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
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411 F.2d 1363·
9th Cir.·
1969-06-04
·cited 2×
The court held that the petitioner's statement was voluntary and not the product of coercion, and therefore his constitutional rights were not violated.
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411 F.2d 884·
7th Cir.·
1969-06-04
·cited 2×
A state court's rule setting a time limit for appeals, even if it results in a guilty plea defendant not being advised of appeal rights, does not violate due process or equal protection if it does not discriminate based on poverty.
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411 F.2d 548·
4th Cir.·
1969-05-21
·cited 2×
The court held that the prior commitment procedures denied due process and remanded the case to allow the state to provide a constitutionally adequate hearing.
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412 F.2d 443·
4th Cir.·
1969-05-19
·cited 2×
The court should not disturb a military commander's decision to order pretrial confinement unless an abuse of power is shown.
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411 F.2d 406·
6th Cir.·
1969-05-15
·cited 2×
The court held that the district court correctly denied the petition for a writ of habeas corpus, finding no merit to the petitioner's claims.
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410 F.2d 1300·
3d Cir.·
1969-05-08
·cited 2×
The dissent holds that the trial court's refusal to make a police report containing potentially exculpatory information available to the defense upon request violated due process.
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410 F.2d 321·
5th Cir.·
1969-04-25
·cited 2×
The court held that a habeas corpus petition is without merit when the petitioner's guilty plea was voluntary, despite an erroneous statement of the maximum sentence by the trial judge and prosecutor, because the petitioner was represented by experienced counsel and did not objec
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410 F.2d 371·
3d Cir.·
1969-04-23
·cited 2×
The court held that the relator's claims of denial of due process due to unprepared counsel, failure to call witnesses, and conflict of interest were without merit.
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223 So. 2d 769·
Fla. 4th DCA·
1969-04-23
·cited 2×
Habeas corpus petition from an inmate seeking delayed appellate review of his criminal conviction was denied. The court clarified that the denial was based on procedural grounds regarding the availability of habeas corpus as a vehicle for delayed appellate review, not on the meri
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409 F.2d 217·
8th Cir.·
1969-04-15
·cited 2×
A federal prisoner must exhaust remedies in the sentencing court before seeking habeas corpus in another district.
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408 F.2d 1003·
6th Cir.·
1969-04-07
·cited 2×
The court held that the district court lacked jurisdiction to entertain a habeas corpus petition when the petitioner had not first sought relief in the sentencing court under 28 U.S.C. § 2255.
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408 F.2d 1375·
3d Cir.·
1969-04-07
·cited 2×
The court held that the trial court's failure to instruct the jury on the degree of resistance necessary for a rape conviction did not violate due process or constitute ineffective assistance of counsel.
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409 F.2d 17·
6th Cir.·
1969-04-07
·cited 2×
The court held that the appellant's confession was admissible and that the district court correctly denied his petition for a writ of habeas corpus.
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The court held that the petitioner had not exhausted his state court remedies for the issues raised in his habeas corpus petition.
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408 F.2d 60·
4th Cir.·
1969-03-19
·cited 2×
The court held that the police seizure of packages without a warrant was reasonable under the circumstances, and the subsequent search pursuant to valid warrants was constitutional.
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220 So. 2d 28·
Fla. 4th DCA·
1969-03-14
·cited 2×
A mother appealed a trial court's denial of her habeas corpus petition seeking to modify a Tennessee divorce decree's custody award. The Florida appellate court affirmed the trial court's decision to maintain the father's custody, finding the mother failed to demonstrate a materi
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407 F.2d 1331·
6th Cir.·
1969-03-10
·cited 2×
The court held that a transcript of the evidentiary hearing is necessary for proper appellate consideration.
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408 F.2d 637·
9th Cir.·
1969-03-07
·cited 2×
The court held that the petitioner's claims regarding an illegally obtained confession and inadequate counsel did not warrant federal habeas corpus relief.
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407 F.2d 125·
8th Cir.·
1969-02-25
·cited 2×
The Sixth Amendment right to counsel, applied to the states via the Fourteenth Amendment, extends to misdemeanor cases where imprisonment is a possible consequence, regardless of the offense's label.
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407 F.2d 399·
6th Cir.·
1969-02-24
·cited 2×
The court held that a state prisoner seeking federal habeas corpus relief must first exhaust available state remedies, and that the petitioner failed to do so.
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408 F.2d 539·
3d Cir.·
1969-02-11
·cited 2×
The combined actions of the prosecutor and the trial judge in eliciting testimony from a witness known to intend to invoke the Fifth Amendment privilege, and then highlighting that refusal to the jury, constituted a denial of due process.
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The appellate court affirmed the denial of the petition for a Writ of Habeas Corpus because the appellant failed to provide a sufficient record to demonstrate reversible error.
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406 F.2d 1011·
7th Cir.·
1969-02-10
·cited 2×
The court held that the district court properly denied the petition for a writ of habeas corpus without an evidentiary hearing.
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406 F.2d 739·
10th Cir.·
1969-01-29
·cited 2×
The court held that the appointment of a part-time municipal magistrate as joint counsel for a criminal defendant did not, per se, create a conflict of interest violating federal constitutional rights.
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406 F.2d 617·
7th Cir.·
1969-01-15
·cited 2×
A state prisoner is not constitutionally entitled to be advised of his right to appeal a misdemeanor conviction, even if that conviction leads to revocation of probation on a prior felony charge.
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406 F.2d 68·
7th Cir.·
1969-01-15
·cited 2×
A sentence imposed under the Illinois Habitual Criminal Act without proper notice and opportunity for a hearing violates the Due Process Clause of the Fourteenth Amendment.
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The court held that the arrest was valid and there was no violation of the Fourth Amendment, affirming the lower court's finding of a misdemeanor committed in the officers' presence.
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The court held that the district judge's stated reasons for refusing to file the petitioner's motion were satisfactory, and the petition is denied.
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405 F.2d 884·
5th Cir.·
1969-01-13
·cited 2×
The court held that the prisoner was not entitled to habeas corpus relief because his inculpatory statements were admissible under Escobedo.
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405 F.2d 449·
7th Cir.·
1968-12-27
·cited 2×
The court held that the petitioner's guilty pleas were intelligent and voluntary, and the district court did not err in denying the habeas corpus petition without an evidentiary hearing.
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404 F.2d 21·
7th Cir.·
1968-12-06
·cited 2×
The court held that the district court properly dismissed the habeas petition at the time it was filed because the petitioner had not yet exhausted state remedies.
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404 F.2d 42·
3d Cir.·
1968-12-03
·cited 2×
The court held that an arrest is lawful if based on probable cause, even if the arrest warrant was later found invalid, especially when officers reasonably believed the warrant was valid.
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404 F.2d 74·
5th Cir.·
1968-12-02
·cited 2×
Federal courts should not consider the merits of a habeas corpus petition until available state remedies are exhausted.
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404 F.2d 876·
5th Cir.·
1968-11-27
·cited 2×
The court held that the petitioner failed to exhaust available state remedies regarding his first conviction.
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403 F.2d 425·
7th Cir.·
1968-11-21
·cited 2×
The court held that the district court did not err in considering parol testimony to resolve ambiguity in the trial record regarding attorney presence at a guilty plea.
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403 F.2d 661·
6th Cir.·
1968-11-15
·cited 2×
The court held that the Mapp v. Ohio decision should not be applied retrospectively to convictions that were final before Mapp was decided.
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402 F.2d 963·
9th Cir.·
1968-11-07
·cited 2×
A subsequent civil commitment is unconstitutionally invalid if the prerequisite criminal conviction is invalid due to a federal constitutional defect, such as the deprivation of the right to counsel.
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403 F.2d 46·
6th Cir.·
1968-11-07
·cited 2×
The court held that the admission of an incriminating statement deliberately elicited from a defendant after indictment and in the absence of counsel violates the Sixth Amendment.
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The court held that the petitioner's claims of ineffective assistance of counsel and coerced guilty plea did not present federal constitutional issues.
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402 F.2d 263·
5th Cir.·
1968-10-21
·cited 2×
The court held that prejudice cannot be presumed solely from the existence of pretrial publicity without proof of its influence on the trial or jury deliberations.
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402 F.2d 459·
7th Cir.·
1968-10-08
·cited 2×
The court held that the district court did not err in denying the petition for a writ of habeas corpus without an evidentiary hearing.
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401 F.2d 352·
8th Cir.·
1968-09-26
·cited 2×
The court held that the admission of an accomplice's statement was harmless error and affirmed the denial of the habeas corpus petition.
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400 F.2d 886·
5th Cir.·
1968-09-23
·cited 2×
The court affirmed the lower court's judgment because the appeal was without merit and the trial court's findings were not clearly erroneous.
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400 F.2d 655·
6th Cir.·
1968-09-17
·cited 2×
The court held that the District Court erred in dismissing the habeas corpus petition without an evidentiary hearing to determine the voluntariness of the confessions.
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399 F.2d 591·
10th Cir.·
1968-08-26
·cited 2×
The court held that the appellant received adequate notice and assistance of counsel regarding the habitual criminal act sentencing.
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213 So. 2d 290·
Fla. 1st DCA·
1968-08-20
·cited 2×
The court held that conflicting facts regarding a petitioner's waiver of appeal rights necessitate an evidentiary hearing to determine if the waiver was knowing and intelligent.
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213 So. 2d 497·
Fla. 2d DCA·
1968-08-14
·cited 2×
The court held that the trial court correctly discharged the writ of habeas corpus and granted custody to the appellees, finding the children's best interests were served by remaining with them.
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399 F.2d 667·
5th Cir.·
1968-08-12
·cited 2×
The court held that the appellant was denied his right to counsel on direct appeal and is entitled to a review of his conviction with the aid of counsel.
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398 F.2d 818·
7th Cir.·
1968-07-24
·cited 2×
The court held that the petitioner was properly arrested by DuPage County officials and their detention was legal, affirming the district court's denial of the habeas corpus petition.
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398 F.2d 486·
10th Cir.·
1968-07-19
·cited 2×
The court held that the state court record contained sufficient evidence to support the convictions, precluding federal habeas corpus relief.