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

• 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.
• Maxie v. COX
  357 F.2d 335· 10th Cir.· 1966-02-21 ·cited 2×
  A voluntary guilty plea waives all defects in prior proceedings, and a potential conflict of interest between the prosecutor and defense counsel does not warrant reversal without a showing of prejudice or if not raised below.
• Naillieux v. Crouse
  356 F.2d 499· 10th Cir.· 1966-02-15 ·cited 2×
  The court held that the district court's dismissal order lacked specificity for appellate review and remanded for further proceedings.
• Maghe v. The State OF Okla.
  356 F.2d 644· 10th Cir.· 1966-02-14 ·cited 2×
  The court held that the case should be remanded to the district court to determine if an adequate state remedy now exists for the petitioner's claims, particularly in light of new state legislation.
• Miller v. Blalock
  356 F.2d 273· 4th Cir.· 1966-02-09 ·cited 2×
  The court held that the petitioner was entitled to a hearing on the validity of his original commitment, as indefinite confinement without notice or hearing violates due process.
• Grear v. Maxwell
  355 F.2d 991· 6th Cir.· 1966-02-09 ·cited 2×·via Writ Of Habeas Corpus
  The court held that the appellant was not subjected to double jeopardy by the juvenile court proceedings and that the legality of his psychiatric commitment was irrelevant to his current habeas corpus petition.
• Whitley v. State OF N.C.
  357 F.2d 75· 4th Cir.· 1966-02-07 ·cited 2×
  The court held that the District Court erred in dismissing the habeas corpus petition for failure to exhaust state remedies, as the state court had already considered the petitioner's constitutional claims.
• Joie Silva v. Klinger
  355 F.2d 657· 9th Cir.· 1966-02-01 ·cited 2×
  The court held that the petitioner had not exhausted his state remedies regarding the claimed loss of memory issue.
• United States ex rel. Clarence Hamilton v. Maroney
  355 F.2d 441· 3d Cir.· 1966-01-28 ·cited 2×
  The court held that the lower court misconstrued the petitioner's filing as a petition for habeas corpus instead of a petition for removal of a state court proceeding.
• Lucious Upshaw v. COX
  356 F.2d 419· 10th Cir.· 1966-01-25 ·cited 2×
  The court held that the appellant intelligently and understandingly waived his right to counsel and voluntarily entered a guilty plea.
• Olguin v. COX
  355 F.2d 479· 10th Cir.· 1966-01-24 ·cited 2×·via Writ Of Habeas Corpus
  The court held that defects in proceedings prior to arraignment and trial were waived absent a showing of prejudice.
• Ozenna v. MAY
  354 F.2d 651· 9th Cir.· 1966-01-03 ·cited 2×
  The United States Board of Parole retains authority over a prisoner convicted in an Alaska territorial court, even after Alaska statehood.
• Williams v. COX
  355 F.2d 667· 10th Cir.· 1965-12-21 ·cited 2×
  The court held that the evidence supported the trial court's findings that the defendant was represented by counsel of his choice, competently waived his right to a preliminary examination, and voluntarily entered a plea of guilty to second-degree murder.
• United States ex rel. Floyd C. Frierson v. Pate
  354 F.2d 588· 7th Cir.· 1965-12-20 ·cited 2×
  The court held that the district court should abstain from exercising habeas corpus jurisdiction pending state court disposition of the arrest warrant's validity, and affirmed the dismissal on that basis.
• Ferrario v. The State OF Neb.
  352 F.2d 620· 8th Cir.· 1965-11-05 ·cited 2×
  The court held that the petitioner had not exhausted his state remedies and that the federal courts lacked jurisdiction over his claims.
• Holley v. Cheuvront
  351 F.2d 615· 9th Cir.· 1965-10-26 ·cited 2×
  The court held that the district court correctly dismissed the petition against the clerk and denied it against the warden because the state prisoner had not exhausted his state court remedies.
• Wright v. Markley
  351 F.2d 592· 7th Cir.· 1965-10-08 ·cited 2×
  A general court-martial has jurisdiction to try a member of the armed forces for rape, even in peacetime.
• Love v. Page
  351 F.2d 303· 10th Cir.· 1965-10-05 ·cited 2×
  The court held that the delay between arrest and trial, without demonstrated prejudice, is insufficient to invalidate a conviction for federal habeas corpus purposes. New claims not presented to the trial court cannot be considered on appeal.
• Denver Powell v. Maxwell
  350 F.2d 353· 6th Cir.· 1965-08-31 ·cited 2×
  The court held that the trial court's procedure for determining the voluntariness of the confession, consistent with Jackson v. Denno, satisfied constitutional requirements, and affirmed the denial of the habeas corpus petition.
• Hillegas v. Sams
  349 F.2d 859· 5th Cir.· 1965-08-16 ·cited 2×·via Federal Habeas Corpus
  The court held that deliberate, purposeful use of state criminal machinery to deny constitutional rights constitutes an "extraordinary" case justifying pre-trial federal habeas relief, despite prior rulings to the contrary.
• Thomas v. United States
  352 F.2d 701· D.C. Cir.· 1965-07-28 ·cited 2×
  The court held that an evidentiary hearing must be afforded on the appellant's motion, as it was not conclusively without merit based on the record alone.
• Russell v. Maxwell
  348 F.2d 908· 6th Cir.· 1965-07-22 ·cited 2×
  Federal courts lack jurisdiction to grant habeas corpus relief until state remedies are exhausted.
• Nelson v. Tahash
  347 F.2d 500· 8th Cir.· 1965-06-30 ·cited 2×
  The court held that the appellant has not exhausted his state remedies because the Minnesota Supreme Court indicated it would consider the validity of the Delaware conviction in light of Gideon v. Wainwright.
• Johnette Moncrief v. Anderson
  353 F.2d 460· D.C. Cir.· 1965-06-22 ·cited 2×
• Clell Johnson v. Taylor
  347 F.2d 365· 10th Cir.· 1965-06-21 ·cited 2×
  The court held that a habeas corpus action was not the proper remedy for challenging a federal sentence when 28 U.S.C. § 2255 provides an adequate and effective remedy.
• Latham v. Crouse
  347 F.2d 359· 10th Cir.· 1965-06-09 ·cited 2×
  The court held that the appellants' conduct and counsel's delay in raising issues barred relief, and the search and seizure were lawful.
• Foster v. United States
  345 F.2d 675· 6th Cir.· 1965-05-20 ·cited 2×
  The court held that illegal arrest, detention, and sufficiency of evidence are not grounds for relief under 28 U.S.C.A. § 2255, and counsel is not constitutionally required for such collateral attacks.
• United States ex rel. James T. Stevens v. McCLOSKEY
  345 F.2d 305· 2d Cir.· 1965-05-11 ·cited 2×
  A witness cannot refuse to testify before a grand jury by challenging the validity of a waiver of immunity; such challenges are premature and must await a subsequent prosecution.
• Webb v. Peyton
  345 F.2d 521· 4th Cir.· 1965-05-06 ·cited 2×
  The court held that the district court did not err in discharging the prisoner without requiring further state court proceedings due to exceptional circumstances.
• FOX v. Taylor
  344 F.2d 753· 10th Cir.· 1965-04-23 ·cited 2×
  The court held that petitioner's remedy for challenging his sentence is under 28 U.S.C. § 2255, not habeas corpus, as this remedy is adequate and effective.
• United States ex rel. Harry Baldridge v. Pate
  343 F.2d 537· 7th Cir.· 1965-04-07 ·cited 2×
  The court held that the district court's finding that counsel was appointed was insufficient to determine if petitioner was actually represented at the guilty plea.
• United States ex rel. John W. Harton v. Wilkins
  342 F.2d 529· 2d Cir.· 1965-03-10 ·cited 2×
  The court held that the revocation of probation and imposition of a jail sentence, when the petitioner was unrepresented by counsel, constituted a critical stage and rendered that specific judgment invalid for multiple offender sentencing purposes.
• The State of Fla. ex rel. David Bernstein v. Buchanan
  172 So. 2d 476· Fla. 3d DCA· 1965-03-09 ·cited 2×
  The court held that a habeas corpus proceeding cannot go behind an affidavit supporting a warrant if the affidavit substantially charges a violation of law and the issuing magistrate had jurisdiction.
• Rowans v. Crouse
  342 F.2d 779· 10th Cir.· 1965-03-08 ·cited 2×
  The court held that the state trial court's determination of the petitioner's mental competency to enter a guilty plea was constitutionally inadequate and clearly erroneous.
• Jackson v. State
  172 So. 2d 7· Fla. 1st DCA· 1965-02-23 ·cited 2×
  A. C. Jackson appeals the denial of his habeas corpus petition seeking credit for time served under a void sentence in one criminal case toward his sentence in an unrelated subsequent case. The Florida appellate court affirmed the trial court's denial, holding that time served un
• Richardson v. Louie L. Wainwright
  171 So. 2d 375· Fla.· 1965-02-03 ·cited 2×·via Writ Of Habeas Corpus
  The Florida Supreme Court denied a habeas corpus petition, holding that time spent on parole must be excluded when calculating the completion of a sentence. This ensures that parole violations do not count towards serving the sentence.
• Mucherino v. Olin G. Blackwell
  340 F.2d 94· 3d Cir.· 1965-01-19 ·cited 2×
  The court held that a petition for habeas corpus is not the proper remedy for claims that were or could have been raised at trial or on direct appeal.
• Brown v. State OF N.C.
  341 F.2d 87· 4th Cir.· 1965-01-14 ·cited 2×
  The petitioner has not exhausted his available state remedies and therefore his federal habeas corpus petition was properly denied.
• Greene v. Mich. Dep't OF Corr.
  339 F.2d 139· 6th Cir.· 1964-12-12 ·cited 2×
  The court held that the petitioner failed to prove that Michigan authorities had prior knowledge of his whereabouts and deliberately delayed taking him into custody, thus the parole revocation was valid.
• Hooper v. Louie L. Wainwright
  168 So. 2d 769· Fla. 2d DCA· 1964-11-20 ·cited 2×
  Hooper petitioned for habeas corpus after being denied appellate review of his conviction due to improper conduct by state functionaries. The court found that denying Hooper access to appeal documents until after the appeal deadline expired violated the equal protection clause, e
• Pruitt v. Peyton
  338 F.2d 859· 4th Cir.· 1964-11-19 ·cited 2×
  The court held that the prisoner may be entitled to an evidentiary hearing to determine if he knowingly and understandingly abandoned or deliberately bypassed state court remedies.
• McCLELLAN v. Heritage
  337 F.2d 239· 5th Cir.· 1964-10-08 ·cited 2×
  The court held that the appellant's contentions regarding the constitutionality of his court-martial were without merit.
• Jones v. Davis
  336 F.2d 594· 6th Cir.· 1964-09-22 ·cited 2×
  The District Court properly denied the writ of habeas corpus because the petitioner has an available post-conviction remedy in the state courts.
• Polk v. Bomar
  336 F.2d 330· 6th Cir.· 1964-09-18 ·cited 2×
• Arley Ward v. Page
  336 F.2d 602· 10th Cir.· 1964-09-04 ·cited 2×
  The court held that the trial court erred by failing to make findings on the voluntary nature of the guilty plea.
• United States ex rel. John M. Rafanello v. Hegstrom
  336 F.2d 364· 2d Cir.· 1964-08-19 ·cited 2×
  The court affirmed the denial of the writ of habeas corpus, holding that the relator was not prejudiced by any alleged variance between the charge of pool selling and the evidence of taking bets.
• Hughes v. Burke
  334 F.2d 795· 7th Cir.· 1964-07-23 ·cited 2×
  A state prisoner's earned good time credit is subject to forfeiture for parole violations, and the state legislature is not constitutionally required to provide a hearing with counsel before revoking parole.
• Buchanan v. State of Fla. ex rel. Mark M. Weiss
  166 So. 2d 596· Fla. 3d DCA· 1964-07-21 ·cited 2×
  A Florida appellate court reviewed a habeas corpus order that conditionally released a fugitive arrested on an extradition warrant, holding that such release violates the established rule prohibiting bail for persons arrested under a governor's rendition warrant and effectively d
• Greyson v. Commonwealth OF Ky. & David L. Davis
  333 F.2d 583· 6th Cir.· 1964-06-24 ·cited 2×
  The court held that the appellant was not entitled to federal habeas corpus relief based on the merits of his claims, agreeing with the district court's denial.
• Ruckle v. Warden, Maryland Penitentiary
  335 F.2d 336· 4th Cir.· 1964-06-18 ·cited 2×
  The court held that the Constitution does not require a state court to force a prisoner to accept a retrial at the risk of a greater sentence than imposed after the first trial.