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

• Douglas v. Lamoyne Green
  333 F.2d 73· 6th Cir.· 1964-06-17 ·cited 2×
  The court held that the district court properly dismissed the complaint for a declaratory judgment because the claims were moot and no facts were alleged to support a declaration that the conviction was null and void.
• United States ex rel. William Wilson v. Pate
  332 F.2d 886· 7th Cir.· 1964-06-12 ·cited 2×
  The court held that the district court did not err in dismissing the habeas corpus petition because the petitioner failed to prove the state knowingly used perjured testimony and the exclusion of certain documents was not reversible error.
• Schnepp v. State OF Or. & United States
  333 F.2d 288· 9th Cir.· 1964-06-09 ·cited 2×
  The judgment dismissing the application for a writ of habeas corpus is affirmed because the warden was not named respondent and state remedies were not exhausted.
• Perez v. Louie L. Wainwright
  164 So. 2d 823· Fla.· 1964-06-03 ·cited 2×·via Writ Of Habeas Corpus
  Andrew Perez petitioned for habeas corpus challenging the Division of Corrections' failure to credit him with 112 days spent in jail awaiting his first trial. The Florida Supreme Court held that despite statutory requirements for specific designation of jail time credit, the tria
• Gibbs v. Beto
  332 F.2d 442· 5th Cir.· 1964-05-22 ·cited 2×
  The court held that advising a guilty plea to avoid a mandatory life sentence, even with knowledge of prior insanity commitments, does not constitute ineffective assistance of counsel.
• State v. Buchanan
  23 Fla. Supp. 210· Dade Cty. Cir. Ct.· 1964-05-13 ·cited 2×
  A Florida circuit court granted habeas corpus relief to a fugitive arrested on a Montana extradition warrant, finding the affidavit supporting the warrant was fatally defective because it failed to allege an essential element of the crime of enticing away a child—namely, that the
• Mitchell v. Henslee
  332 F.2d 16· 8th Cir.· 1964-05-04 ·cited 2×·via Federal Habeas Corpus
  The court held that the district court erred in finding that the appellant waived his constitutional claims by failing to raise them on direct appeal, as waiver requires an intentional relinquishment of a known right.
• Cook v. Kern
  330 F.2d 1003· 5th Cir.· 1964-04-28 ·cited 2×
  The court held that the appellant was not deprived of a federally protected right, and therefore the writ of habeas corpus was properly denied.
• Shuler v. State
  161 So. 2d 3· Fla.· 1964-02-19 ·cited 2×
  In this habeas corpus proceeding, the Florida Supreme Court reviewed a Commissioner's findings regarding allegations that Robert Shuler and Jerry Chatman's capital rape convictions were obtained through suppressed evidence, falsified footprint casts, and prosecutorial misconduct.
• Buddy Joe Delano v. Crouse
  327 F.2d 693· 10th Cir.· 1964-02-03 ·cited 2×
  The court held that prolonged detention before charges and lack of counsel at a preliminary hearing do not violate constitutional rights if no confession is obtained and a fair trial is otherwise provided.
• Lake v. Cameron
  331 F.2d 771· D.C. Cir.· 1964-01-09 ·cited 2×
• Dilworth v. Sigler
  325 F.2d 396· 8th Cir.· 1963-12-27 ·cited 2×
  The court held that the district court must reconsider the habeas corpus application in light of Fay v. Noia, particularly if no state remedy is available.
• Hayes v. Taylor
  324 F.2d 727· 10th Cir.· 1963-12-02 ·cited 2×·via Habeas Corpus Jurisdiction
  The court held that a parole violator's warrant issued during parole can be executed during the final 180 days of the sentence, and claims regarding evidence considered and sufficiency do not raise due process issues for habeas corpus.
• Simcox v. Harris
  324 F.2d 376· 8th Cir.· 1963-11-18 ·cited 2×
  The court held that the denial of the writ of habeas corpus was proper, as the appellant remained subject to military law and court-martial jurisdiction.
• Kurth v. Honorable Roy L. Stephenson and Honorable Edward J. McManus
  323 F.2d 997· 8th Cir.· 1963-11-01 ·cited 2×
  The court held that the petitioner had not exhausted his available state remedies, and thus the federal court was not required to grant a hearing on his habeas corpus petition.
• Gafford v. Louie L. Wainwright
  157 So. 2d 138· Fla.· 1963-11-01 ·cited 2×
  John Henry Gafford sought habeas corpus relief from his state prison sentence, but the Florida Supreme Court denied the petition because he failed to exhaust his remedies under Criminal Procedure Rule #1 before seeking collateral relief.
• State ex rel. W. v. Buchanan
  22 Fla. Supp. 37· Dade Cty. Cir. Ct.· 1963-09-19 ·cited 2×
  Frank West challenged his one-year jail sentence for driving under the influence on habeas corpus, arguing he was convicted as a first offender but sentenced as a third offender. The court granted the writ, holding that enhanced sentencing for repeat offenses requires explicit ch
• Brown v. United States
  321 F.2d 898· 5th Cir.· 1963-08-20 ·cited 2×
  The court held that the 1955 commitment was valid, rendering the challenge to the 1961 commitment moot, and that the wife's affidavit was admissible.
• United States ex rel. Clarence Smith v. The State OF NEW Jersey
  323 F.2d 146· 3d Cir.· 1963-08-02 ·cited 2×
  The court held that the confessions of the juvenile defendants were voluntary and not coerced, despite the length of interrogation, because they were mature for their age and habitual offenders.
• Jack v. Ragan
  320 F.2d 815· 10th Cir.· 1963-07-24 ·cited 2×
  The court held that executing a dishonorable discharge while the individual remains in military custody serving a court-martial sentence does not deprive military authorities of jurisdiction.
• Weller v. Russell
  321 F.2d 848· 3d Cir.· 1963-07-23 ·cited 2×
  The court held that the search warrant and affidavit were valid, and the search was not unlawful, thus denying the petition for a writ of habeas corpus.
• Virge Bolden v. United States
  320 F.2d 662· 7th Cir.· 1963-07-17 ·cited 2×
  A motion under § 2255 cannot be used to collaterally attack a criminal judgment for insufficiency of evidence or trial errors of law that could have been raised on direct appeal.
• Yaeger v. The Dir. OF the Dep't OF Welf. & Insts.
  319 F.2d 771· 4th Cir.· 1963-06-29 ·cited 2×
  The court held that a conviction obtained without counsel is invalid under Gideon v. Wainwright, but a double jeopardy claim regarding recidivist sentencing must first be raised in state court.
• Stubbs v. Bomar
  321 F.2d 535· 6th Cir.· 1963-06-28 ·cited 2×
  The court held that the federal district court correctly denied the petition for a writ of habeas corpus because the petitioner failed to exhaust his available state remedies.
• The United States ex rel. Robert Weber v. People OF the State OF NEW York
  316 F.2d 603· 2d Cir.· 1963-05-01 ·cited 2×
  The court held that the State did not lack diligence in revoking parole, as there was no evidence the Parole Board knew of the petitioner's prior conviction before he admitted it, and the Board was not obligated to proactively search court records.
• United States ex rel. Gus Alfred DeMOSS v. Commonwealth OF Pa.
  316 F.2d 841· 3d Cir.· 1963-04-24 ·cited 2×
  A state conviction is invalid if based on no evidence of guilt, but circumstantial evidence of relationships and timing can suffice to support a conviction.
• Bassett v. Tahash
  315 F.2d 393· 8th Cir.· 1963-04-12 ·cited 2×
  A prisoner's erroneous sentencing to a state prison instead of a reformatory, when no substantial differences in conditions or consequences exist between the institutions, does not constitute a Fourteenth Amendment violation cognizable in federal habeas corpus.
• United States ex rel. Herman Frederick Marks v. Esperdy
  315 F.2d 673· 2d Cir.· 1963-04-09 ·cited 2×
  The court held that Marks lost his American citizenship by serving in Cuba's armed forces and was deportable for entering the U.S. without required documentation as an alien.
• Trueblood v. Tinsley
  316 F.2d 783· 10th Cir.· 1963-03-28 ·cited 2×
  The court held that the imposition of an indeterminate sentence under the sex offenders act, despite a psychiatric report not perfectly mirroring statutory language, did not violate the petitioner's Fourteenth Amendment rights.
• Rainsberger v. Lamb
  313 F.2d 195· 9th Cir.· 1963-01-28 ·cited 2×
  The federal court properly denied the petition for habeas corpus because the appellant had not exhausted his state remedies.
• United States ex rel. David L. Coleman v. Denno
  313 F.2d 457· 2d Cir.· 1963-01-24 ·cited 2×
• United States ex rel. Julius Ciehala v. LaVALLEE
  312 F.2d 308· 2d Cir.· 1963-01-16 ·cited 2×
  The court affirmed the denial of the writ of habeas corpus, finding no merit to the relator's speedy trial claim.
• Foster v. Commonwealth OF Ky. & David L. Davis
  311 F.2d 212· 6th Cir.· 1962-12-27 ·cited 2×
  Retrial after a conviction is reversed due to an insufficient indictment does not violate the Double Jeopardy Clause.
• Kovner v. Louie L. Wainwright
  149 So. 2d 550· Fla.· 1962-12-19 ·cited 2×
  A petitioner who announces ready for trial, even without counsel, cannot later claim a denial of the right to reasonable time to prepare for trial.
• McEWEN v. Louie L. Wainwright
  147 So. 2d 317· Fla.· 1962-12-12 ·cited 2×
  Donald Robert McEwen, a minor at the time of his trial, sought habeas corpus relief challenging his conviction for breaking and entering with intent to commit a misdemeanor, alleging that his parents were not notified of the charge and trial date as required by Florida law. The F
• Luton v. State OF Tex. & H. E. Moore
  310 F.2d 445· 5th Cir.· 1962-12-05 ·cited 2×
  The court held that the trial court did not err in finding that the petitioner received effective assistance of counsel, despite the petitioner's claims regarding the admissibility and weight of evidence concerning attorney-client consultations.
• United States ex rel. William Wells v. Pate
  310 F.2d 460· 7th Cir.· 1962-11-30 ·cited 2×
  The court held that the Illinois statute dictates that a subsequent sentence does not commence until the expiration of a former sentence when the prisoner is taken from the penitentiary for trial. Therefore, the petitioner's second sentence was validly imposed.
• Story v. United States
  309 F.2d 483· 8th Cir.· 1962-11-08 ·cited 2×
  The court held that the trial court was not required to entertain a second or successive motion for similar relief under 28 U.S.C.A. § 2255, and the appeal from that denial is frivolous.
• Johnson v. Settle
  310 F.2d 349· 8th Cir.· 1962-11-05 ·cited 2×·via Writ Of Habeas Corpus
  The court held that the appellant's application for a writ of habeas corpus was properly denied without a hearing because he had not first applied to his committing court for a determination of competency.
• Habich v. Cochran
  148 So. 2d 5· Fla.· 1962-10-31 ·cited 2×
  Ronald Albert Habich, a minor at the time of trial, petitioned for habeas corpus challenging his conviction for grand larceny on grounds that he was denied counsel and his parents were not properly notified as required by Florida law. The Florida Supreme Court, relying on a commi
• United States ex rel. Loring J. Whiteside v. Slavin
  309 F.2d 322· 2d Cir.· 1962-10-24 ·cited 2×
  The court held that federal habeas corpus relief is unavailable to the petitioner because he has not exhausted his state remedies.
• United States ex rel. Chester R. Blanton v. Whelchel
  308 F.2d 586· 7th Cir.· 1962-10-05 ·cited 2×
  The court held that the petitioner was not denied equal protection by being quarantined during the period for filing a new trial motion, and that the issue regarding the Public Defender's refusal to assist with an appeal was not properly raised in the District Court.
• Tyndall v. Cochran
  143 So. 2d 489· Fla.· 1962-07-25 ·cited 2×
  Eugene Tyndall petitioned for habeas corpus after his probation was revoked and he was sentenced to imprisonment for manslaughter. The Florida Supreme Court addressed whether the trial judge properly revoked probation without holding a hearing after Tyndall allegedly denied the v
• State of Fla. ex rel. Jack Schonberger v. Kelly
  143 So. 2d 329· Fla. 3d DCA· 1962-07-10 ·cited 2×
  Jack Schonberger was held in contempt and jailed for 90 days after violating a court injunction by transferring funds to his father. The Florida District Court of Appeal granted habeas corpus relief, finding that the contempt proceeding violated due process because Schonberger wa
• Morgan v. Cochran
  142 So. 2d 4· Fla.· 1962-05-31 ·cited 2×·via Writ Of Habeas Corpus
  The Florida Supreme Court granted a writ of habeas corpus to Gary Thomas Morgan, finding his imprisonment illegal due to non-compliance with a statutory notice requirement. The court ordered his release pending further proceedings on the escape charge.
• United States ex rel. Paul Pierce and Donald Joseph v. Ward Lane
  302 F.2d 38· 7th Cir.· 1962-04-24 ·cited 2×
• Hyde v. Kennedy
  300 F.2d 841· 9th Cir.· 1962-04-02 ·cited 2×
  The court held that the petitioner's application for a writ of habeas corpus was premature because he had not yet served his full sentence less applicable good time deductions.
• Bean v. Cochran
  139 So. 2d 393· Fla.· 1962-03-28 ·cited 2×
  The Florida Supreme Court discharged a writ of habeas corpus, finding that the petitioner was represented by counsel when he pleaded guilty to manslaughter, thus rejecting his claim of being denied the right to counsel.
• Posey v. Attorney General OF the United States and Dr. R. O. Settle
  298 F.2d 604· 8th Cir.· 1962-02-07 ·cited 2×
  The court held that the district court was not required to issue a writ of habeas corpus or grant a hearing on the question of release from federal custody, as the situation had not yet reached a point where such relief was warranted.
• The United States ex rel. Ahmed Kassim v. Wilkins
  298 F.2d 479· 2d Cir.· 1962-01-19 ·cited 2×
  The court held that the petitioner's claims were without merit and affirmed the denial of the writ of habeas corpus.