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. Robert Hartgraves v. Pate
  375 F.2d 289· 7th Cir.· 1967-03-30 ·cited 2×
  The court held that the state court's finding of voluntariness was supported by the record, and thus the federal district court did not err in denying an evidentiary hearing or the writ of habeas corpus.
• Walter v. Louie L. Wainwright
  373 F.2d 322· 5th Cir.· 1967-02-21 ·cited 2×
  The court held that a hearing should have been granted on both the petitioner's claim of a coerced confession and his claim of ineffective counsel for failure to advise him of his right to appeal.
• Fay William Bonner v. Beto
  373 F.2d 301· 5th Cir.· 1967-02-15 ·cited 2×
  The application of Texas Code of Criminal Procedure Article 711, which rendered a co-principal incompetent to testify for the accused, deprived the appellant of liberty without due process of law under the Fourteenth Amendment.
• Faustino S. Morales v. Rodriguez
  373 F.2d 15· 10th Cir.· 1967-02-15 ·cited 2×
  The court held that the appellant failed to meet the burden of proving the state court's finding of voluntariness was erroneous, under the amended federal habeas corpus statute.
• Beavers v. Beto
  373 F.2d 95· 5th Cir.· 1967-02-13 ·cited 2×
  The court held that the defendant's confession was not unconstitutionally admitted into evidence because the relevant legal standards at the time of his trial did not require the presence of counsel.
• Miller v. Rodriguez
  373 F.2d 26· 10th Cir.· 1967-02-10 ·cited 2×
  The court held that the mere correction of an erroneous sentence, even after a significant delay, does not violate a defendant's right to a speedy trial if the delay was not purposeful or oppressive.
• Winter v. Crowley
  374 F.2d 317· D.C. Cir.· 1967-02-08 ·cited 2×
  The court held that dismissing an appeal for failure to file a brief on time was an abuse of discretion when the appeal had merit and the delay was minor and unexplained by prejudice.
• Morse Stanley Bradley v. Crouse
  373 F.2d 11· 10th Cir.· 1967-01-24 ·cited 2×
  The court held that a prisoner's failure to appeal a state sentence, after being informed of his rights, constitutes a deliberate bypass of state remedies, justifying denial of federal habeas corpus relief.
• United States ex rel. Edward Gist v. Rundle
  371 F.2d 407· 3d Cir.· 1967-01-20 ·cited 2×
  The court held that the admission of a prior conviction for a concealed weapon offense, even if prejudicial, did not deprive the appellant of due process or effective assistance of counsel under the circumstances.
• Oughton v. Taylor
  381 F.2d 23· 10th Cir.· 1967-01-19 ·cited 2×
  The court held that the prisoner's appeal is not moot and has not been abandoned, despite his transfer to a different penitentiary.
• Francia v. Rodriguez
  371 F.2d 827· 10th Cir.· 1967-01-19 ·cited 2×
  The court held that the federal court must accept the New Mexico Supreme Court's interpretation of state law regarding nunc pro tunc orders unless it violates fundamental principles of liberty and justice.
• Buchanan v. The State OF Okla.
  370 F.2d 199· 10th Cir.· 1966-12-19 ·cited 2×
  The court held that the appellant was not deprived of his constitutional right to appeal because his retained counsel represented him when the appeal deadline expired and beyond, and the state courts' interpretation of appeal statutes was consistent.
• Higgerson v. United States Attorney General
  369 F.2d 398· 8th Cir.· 1966-12-02 ·cited 2×
  Time spent on mandatory or conditional release does not count as time served on a sentence for a violator.
• Perkins v. Peyton
  369 F.2d 590· 4th Cir.· 1966-11-21 ·cited 2×
  The court held that the federal court should not interfere with the state court's computation of a state convict's sentence, as it was not shown to be discriminatory, unfair, or excessive.
• United States ex rel. Jose Ignacio Martin-Gardoqui v. Esperdy
  367 F.2d 861· 2d Cir.· 1966-10-31 ·cited 2×
  The court affirmed the dismissal of the writ of habeas corpus, finding no abuse of discretion in the denial of deportation suspension and status adjustment.
• Alton M. Thomas v. Page
  368 F.2d 180· 10th Cir.· 1966-10-28 ·cited 2×
  The court held that the appellant's constitutional arguments regarding sentencing were without substance and that the state statute was uniformly applied.
• McNUTT v. The State of Tex.
  367 F.2d 572· 5th Cir.· 1966-10-25 ·cited 2×
  The court held that the trial court did not err in denying the habeas corpus petition, as the petitioner failed to prove his constitutional rights were violated.
• Wright v. Gibson
  367 F.2d 390· 5th Cir.· 1966-10-25 ·cited 2×
  The court held that the appellant's sentence was correctly recorded as four years, not two, and therefore his habeas corpus petition was properly denied.
• Skipper v. Shovlin
  368 F.2d 954· 3d Cir.· 1966-10-21 ·cited 2×
  The court held that the district court erred in denying the petition solely on the grounds of failure to exhaust state remedies without determining if those remedies were applicable to the specific due process claims raised.
• Palumbo v. State OF NEW Jersey & Howard Yeager
  366 F.2d 826· 3d Cir.· 1966-10-06 ·cited 2×
  The court held that the petitioner had fair notice of the crime for which he was convicted, and that the amendment to the indictment and the introduction of certain evidence did not violate his constitutional rights.
• State of Fla. ex rel. Verle Gaylord Lehman v. Buchanan
  190 So. 2d 594· Fla. 3d DCA· 1966-10-05 ·cited 2×
  A drunk driving defendant challenged the validity of a Metropolitan Dade County traffic ordinance under which he was arrested, arguing the ordinance's title was insufficient and its minimum penalty exceeded the state law minimum. The Florida appellate court upheld the ordinance a
• Eason v. Dunbar
  367 F.2d 381· 9th Cir.· 1966-10-04 ·cited 2×
  The court held that the appellant's sentence was not increased ex post facto by a 1951 amendment, as California law already treated sentences with a minimum term and no maximum as life sentences.
• Stevens v. Warden, Maryland Penitentiary
  366 F.2d 565· 4th Cir.· 1966-09-16 ·cited 2×
  The court held that the confession was voluntary under current standards and that the arrest was lawful, affirming the denial of habeas corpus relief.
• Campfield v. State
  189 So. 2d 642· Fla. 2d DCA· 1966-08-31 ·cited 2×·via Writ Of Habeas Corpus
  Roland Campfield was convicted of robbery after trial with a co-defendant. He appealed on grounds that the trial court erred in admitting his co-defendant's confession at trial and in denying his motion for severance. The appellate court affirmed the conviction, finding no revers
• Will Jones v. People OF the State OF Cal.
  364 F.2d 522· 9th Cir.· 1966-08-11 ·cited 2×
  The court held that the appellant's counsel's stipulations and waivers at trial did not violate his constitutional rights, and the denial of his habeas corpus petition was correct.
• Blockyou v. Crouse
  364 F.2d 804· 10th Cir.· 1966-08-11 ·cited 2×
  The court held that the failure to obtain a transcript of a prior mistrial did not deny the appellant his constitutional rights.
• Tincher v. Otto C. Boles
  364 F.2d 497· 2d Cir.· 1966-08-09 ·cited 2×
  An indictment for statutory rape is not defective under West Virginia law for failing to specify the date of the offense, as long as time is not of the essence and the conviction would bar subsequent prosecution.
• Cley Jackson v. Wilburn C. Johnson
  364 F.2d 233· 6th Cir.· 1966-08-04 ·cited 2×
  The court held that the petitioner was not denied a constitutional right because he was provided counsel before pleading guilty after the juvenile court remanded his case.
• Oliver v. State OF Cal.
  364 F.2d 311· 9th Cir.· 1966-07-26 ·cited 2×
  The court held that the petitioner's claims were not retroactively applicable under Escobedo, and thus the district court properly denied his habeas corpus petition.
• Berry v. People OF the State OF Cal.
  363 F.2d 754· 9th Cir.· 1966-07-22 ·cited 2×
  The court held that the denial of the writ of habeas corpus must be affirmed because the applicant failed to provide any facts to support a claim of constitutional right denial.
• Armstrong v. Haskins
  363 F.2d 429· 6th Cir.· 1966-07-20 ·cited 2×
  The federal court declined to rule on the habeas corpus application because the Ohio state courts had not yet had an opportunity to address the specific issues raised.
• Kerrigan v. Palmer C. Scafati
  364 F.2d 759· 1st Cir.· 1966-07-20 ·cited 2×
  The court held that the petitioner's statements, though made during custodial interrogation, were voluntary and not the product of coercion, thus admissible at trial.
• Davis v. Crouse
  363 F.2d 382· 10th Cir.· 1966-07-18 ·cited 2×
  A federal court may not grant a writ of habeas corpus without a hearing if the petitioner has not exhausted available state remedies.
• Gamble v. Beto
  363 F.2d 831· 5th Cir.· 1966-07-14 ·cited 2×
  The admission of a post-arrest statement made without warning of the right to counsel does not violate the Fifth and Sixth Amendments if the trial occurred before the Miranda decision.
• Alderman v. State
  188 So. 2d 803· Fla.· 1966-07-08 ·cited 2×
  The Florida Supreme Court granted habeas corpus relief to an inmate whose appeal was dismissed due to his inability to communicate with the public defender's office during an administrative transition. Rather than release the petitioner (who had a concurrent sentence), the Court
• Fleming v. Klinger
  363 F.2d 378· 9th Cir.· 1966-06-28 ·cited 2×
  The court held that the prisoner's claims regarding his sentences and prior interrogation were without merit and that he had failed to exhaust state remedies.
• Waldon v. United States
  362 F.2d 155· 7th Cir.· 1966-06-07 ·cited 2×
  The court affirmed the denial of the motion to vacate the judgment, finding that the issues raised had been previously decided or waived, and that the sentence correction was favorable to the defendant.
• Shuman v. Peyton
  361 F.2d 646· 4th Cir.· 1966-05-30 ·cited 2×
  The court held that the petitioner was not denied effective assistance of counsel and intelligently waived his right to a jury trial by pleading guilty.
• Allen v. Heer
  361 F.2d 481· 6th Cir.· 1966-05-20 ·cited 2×
  The court held that the appellant's re-confinement was proper and no constitutional rights were denied.
• Spry v. Oberhauser
  361 F.2d 391· 9th Cir.· 1966-05-20 ·cited 2×
  The court held that the appellant's claims regarding a disciplinary committee's actions and an allegedly illegal line-up did not warrant habeas corpus relief.
• Crawford v. Bailey
  360 F.2d 596· 4th Cir.· 1966-05-06 ·cited 2×
  The court held that the amended petition should have been treated as a supplemental pleading, allowing incorporation of prior allegations.
• Foster v. United States
  359 F.2d 497· 8th Cir.· 1966-05-03 ·cited 2×
  The court held that ineffective assistance of counsel is immaterial to the validity of a voluntary and understanding guilty plea, and affirmed the denial of the habeas corpus petition.
• Blair v. Crouse
  360 F.2d 28· 10th Cir.· 1966-04-21 ·cited 2×
  The court held that a state prisoner must exhaust state remedies before seeking federal habeas corpus relief.
• State v. Dennis
  185 So. 2d 12· Fla. 3d DCA· 1966-04-12 ·cited 2×
  The court held that a minor previously adjudicated delinquent does not require a hearing within two days to justify continued detention.
• Wenzler v. Pitchess
  359 F.2d 402· 9th Cir.· 1966-04-11 ·cited 2×·via Federal Habeas Corpus
  The court held that the film sold by the defendant constituted hard core pornography and thus was not protected by the First Amendment.
• Harper v. Louie L. Wainwright
  184 So. 2d 881· Fla.· 1966-04-06 ·cited 2×·via Writ Of Habeas Corpus
  The Florida Supreme Court denied a petition for a writ of habeas corpus, finding that the petitioner's claims regarding his new trial motion and denial of appellate counsel should first be addressed by the trial court.
• France v. United States
  358 F.2d 946· 10th Cir.· 1966-04-04 ·cited 2×
  The court held that the appellant failed to present sufficient evidence to support his claim of mental incompetence or narcotic influence at the time of his guilty plea.
• Reed v. Ciccone
  357 F.2d 926· 8th Cir.· 1966-04-01 ·cited 2×
  The appeal is dismissed because the commitment was properly signed and a related appeal in another circuit has rendered this appeal moot.
• Vertree v. Louie L. Wainwright
  184 So. 2d 420· Fla.· 1966-03-23 ·cited 2×·via Application For Writ Of Habeas Corpus
  The Florida Supreme Court discharged a writ of habeas corpus, allowing the petitioner to reapply for relief in the trial court. This was based on a subsequent ruling that might entitle him to an evidentiary hearing.
• Horne v. Peyton
  356 F.2d 631· 4th Cir.· 1966-02-24 ·cited 2×
  The court held that the prisoner's court-appointed lawyer provided constitutionally effective assistance, despite the lawyer's heavy caseload and failure to personally inspect underlying conviction records.