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

• Mesmer v. Raines
  298 F.2d 718· 10th Cir.· 1961-12-26 ·cited 2×
  The court held that federal courts should not entertain habeas corpus claims that have not been presented to state courts, especially when the issue involves state law.
• Jewell Holt v. Commonwealth OF Ky.
  296 F.2d 722· 6th Cir.· 1961-12-07 ·cited 2×
  The court affirmed the district court's denial of the habeas corpus petition, finding the lower court's factual findings supported by evidence and its legal conclusions correct.
• Sugg v. Sugg
  134 So. 2d 284· Fla. 1st DCA· 1961-11-09 ·cited 2×
• Wilson v. Taylor
  295 F.2d 527· 10th Cir.· 1961-10-11 ·cited 2×
  The court held that the two statutory subsections define distinct offenses, allowing for consecutive sentences even when arising from a single act of transportation.
• Warner v. Cochran
  135 So. 2d 421· Fla.· 1961-09-27 ·cited 2×
  Habeas corpus is not a substitute for appeal and cannot determine guilt or sufficiency of evidence.
• Thomas v. Cochran
  133 So. 2d 74· Fla.· 1961-09-22 ·cited 2×
  The court held that a parole revocation tied to the expiration of void sentences is ineffective, and the parole revocation should apply as if its effective date was not qualified by the void sentences.
• Hernandez-Avila v. Boyd
  294 F.2d 373· 9th Cir.· 1961-09-01 ·cited 2×
  An individual claiming United States citizenship, who is subject to deportation proceedings, is not entitled to release from custody pending a judicial determination of their citizenship.
• United States ex rel. Adolph Kulikauskas v. Murphy
  293 F.2d 563· 2d Cir.· 1961-08-17 ·cited 2×
  The court held that the petitioner's constitutional rights were not violated by the state court proceedings, and thus denied his petition for a writ of habeas corpus.
• Tafarella v. Hand
  294 F.2d 67· 10th Cir.· 1961-07-10 ·cited 2×
  The court held that the petitioner competently waived counsel and intelligently entered his plea, thus the trial court had jurisdiction.
• Burr v. Edgar
  292 F.2d 593· 9th Cir.· 1961-07-06 ·cited 2×
  An alien is deportable under the Immigration and Nationality Act if sentenced to confinement for a year or more for a crime involving moral turpitude, regardless of actual time served.
• United States ex rel. Leo Carson v. Wilkins
  292 F.2d 321· 2d Cir.· 1961-07-06 ·cited 2×
  A state court conviction based on a guilty plea, even without counsel, may stand if the defendant knowingly and intentionally waived the offer of counsel and the proceedings were not fundamentally unfair.
• Marvin Miller aka Marvin James Miller v. E. J. Oberhauser and/or R. W. Wood
  293 F.2d 29· 9th Cir.· 1961-06-23 ·cited 2×
  The court denied the petition for a writ of habeas corpus, finding no merit in the petitioner's claims and noting his noncompliance with procedural rules.
• Nelson v. Beryle C. Sacks
  290 F.2d 604· 6th Cir.· 1961-06-06 ·cited 2×
  The Court of Appeals held that the district court correctly denied leave to appeal in forma pauperis from an order denying a petition for writ of habeas corpus.
• Turpin v. Beryle C. Sacks
  291 F.2d 223· 6th Cir.· 1961-06-02 ·cited 2×·via Writ Of Habeas Corpus
  The court held that habeas corpus is not a substitute for appeal and cannot be used to challenge a conviction where the sentencing court had jurisdiction and the sentence was not void.
• Larch v. Sacks
  290 F.2d 548· 6th Cir.· 1961-05-29 ·cited 2×
  The court held that the appellant's applications for a certificate of probable cause and leave to appeal in forma pauperis were denied because he failed to state facts sufficient to entitle him to relief.
• In re Matheisel
  289 F.2d 824· 1st Cir.· 1961-05-05 ·cited 2×·via Writ Of Habeas Corpus
  The court held that habeas corpus is not available for non-physical restraints or economic duress.
• United States ex rel. Frank Cutrone v. FAY
  289 F.2d 470· 2d Cir.· 1961-04-28 ·cited 2×
  A state prisoner seeking federal habeas corpus relief based on a state conviction used for increased punishment must first exhaust available state remedies to challenge that conviction and its classification as a felony under the sentencing state's law.
• Gordon v. Sumrall
  127 So. 2d 447· Fla.· 1961-03-01 ·cited 2×
  The Florida Supreme Court discharged a writ of habeas corpus, holding that the petitioner had waived his right to a hearing before multiple parole commission members by admitting to parole violations after being informed of his right to counsel and choosing not to have one.
• Baker v. United States
  287 F.2d 5· 9th Cir.· 1961-02-02 ·cited 2×
  The concurring opinion suggests that the Federal Rules of Civil Procedure should be fully utilized in § 2255 proceedings to manage discovery and prevent frivolous claims.
• Williams v. Moore
  285 F.2d 590· 5th Cir.· 1961-01-23 ·cited 2×
  The court held that the trial court's findings that the confession was voluntary and counsel was not ineffective were supported by the record.
• Wigand v. Taylor
  285 F.2d 594· 10th Cir.· 1960-12-23 ·cited 2×
  The failure to consolidate charges for trial, as suggested by a manual provision, does not violate a fundamental right reviewable by a civil court in a habeas corpus proceeding.
• United States ex rel. Juan Perez-Varella v. Esperdy
  285 F.2d 723· 2d Cir.· 1960-12-22 ·cited 2×
  The court held that the treaty provisions for arresting deserters from foreign warships remain in effect, as subsequent legislation did not repeal them.
• Matey v. Beryle C. Sacks
  284 F.2d 335· 6th Cir.· 1960-12-13 ·cited 2×
  The court held that it lacked jurisdiction to hear the appeal because no notice of appeal was filed in the district court, and even if it had jurisdiction, the appellant's claims did not constitute a violation of federal constitutional rights.
• Jewell Holt v. Commonwealth OF Ky.
  284 F.2d 395· 6th Cir.· 1960-12-12 ·cited 2×
  The court held that the district court should have conducted a hearing to determine if the appellant understood the consequences of his guilty plea.
• Player v. Steiner
  284 F.2d 306· 4th Cir.· 1960-11-17 ·cited 2×
  The court held that the prisoner had not exhausted state remedies and the appeal should be dismissed for want of a certificate of probable cause.
• DI Marco v. Cochran
  124 So. 2d 130· Fla.· 1960-11-07 ·cited 2×·via Writ Of Habeas Corpus
  This case involves a habeas corpus petition filed by a sixteen-year-old who was sentenced for robbery. The petitioner claims he did not receive statutory notice required for minors before trial. The Florida Supreme Court referred the case to a circuit judge to determine if the no
• Fullen v. State OF Wyo.
  283 F.2d 116· 10th Cir.· 1960-10-03 ·cited 2×
  The court held that the appellant's constitutional rights were not violated during his guilty plea process.
• Sullivan v. Dickson
  283 F.2d 725· 9th Cir.· 1960-10-03 ·cited 2×
  The court held that the requested relief, compelling a non-party to produce documents, was not available in the current proceeding, which was not a pending action for habeas corpus.
• Kesel v. Reid
  283 F.2d 365· D.C. Cir.· 1960-09-08 ·cited 2×
  The court held that the denial of the habeas corpus petition without a hearing was an error, given the unchallenged allegations of mental incompetence and lack of clear advice regarding counsel.
• Conlon Wilmott v. Wilmott
  122 So. 2d 486· Fla. 1st DCA· 1960-08-02 ·cited 2×
  A father appealed the dismissal of his habeas corpus petition seeking return of his minor child from the mother in Florida, based on a temporary custody order from a Georgia court. The Florida appellate court affirmed the dismissal, holding that habeas corpus is not the proper re
• Horsley v. Alvis
  281 F.2d 440· 6th Cir.· 1960-07-29 ·cited 2×
  An amendment to an indictment that changes the identity of the crime charged, particularly by altering the statutory elements and penalty, is invalid under Ohio law and renders a judgment based on it void.
• Casey v. Taylor
  281 F.2d 549· 10th Cir.· 1960-07-28 ·cited 2×
  The court held that the district court correctly dismissed the habeas corpus petition for lack of jurisdiction, as no fundamental rights were violated and the court-martial proceedings were valid.
• Doherty v. United States
  280 F.2d 35· 9th Cir.· 1960-06-28 ·cited 2×
  A prisoner who violates parole must serve the entire remainder of his sentence, regardless of whether he was in "escape status" or remained in the legal custody of the Attorney General.
• United States ex rel. Talbot Jennings v. Ragen
  279 F.2d 202· 7th Cir.· 1960-06-10 ·cited 2×
  The appellate court affirmed the district court's denial of the habeas corpus petition, finding no denial of federal due process.
• Coy Willie Lathan v. Reid
  280 F.2d 66· D.C. Cir.· 1960-06-02 ·cited 2×
  The court held that the extradition order was valid because the Chief Judge had sufficient evidence to find the appellant competent for the extradition hearing, and the subsequent denial of habeas corpus was correct.
• United States ex rel. Benjamin Reid v. Richmond
  277 F.2d 702· 2d Cir.· 1960-04-20 ·cited 2×
  The court held that the Connecticut Public Defender system is constitutional, but remanded the case for further proceedings to determine if the relator was denied due process due to the timing of counsel assignment and the effectiveness of his representation.
• United States ex rel. George Alvarez v. Murphy
  277 F.2d 304· 2d Cir.· 1960-04-13 ·cited 2×
  The court held that the district judge properly conducted an independent review of the evidence and satisfied federal requirements for determining the voluntariness of the confession.
• Kurth v. Bennett
  274 F.2d 409· 8th Cir.· 1960-02-05 ·cited 2×
  A federal court should not grant a writ of habeas corpus to a state prisoner alleging perjured testimony if the prisoner presents no new evidence beyond what was before the state jury.
• Erwin Allison Shook v. State OF Ohio
  274 F.2d 853· 6th Cir.· 1960-02-04 ·cited 2×
  A federal court cannot grant a writ of habeas corpus to compel a state to bring a prisoner to trial on a pending indictment when the prisoner is lawfully serving a sentence for another crime and does not allege unlawful restraint.
• Kregger v. Bannan
  273 F.2d 813· 6th Cir.· 1960-01-15 ·cited 2×
  The court held that the district court correctly denied the appellant's petition for a writ of habeas corpus.
• Hewett v. Cochran
  117 So. 2d 3· Fla.· 1960-01-06 ·cited 2×
  The court held that notice to parents of a minor charged with an offense is not required if the minor was married at the time of trial, even if subsequently divorced.
• Burns v. Taylor
  274 F.2d 141· 10th Cir.· 1959-12-29 ·cited 2×
  The court held that the admission of the wife's testimony, even if erroneous under subsequent precedent, did not deprive the court-martial of jurisdiction and thus did not warrant habeas corpus relief.
• Myers v. Blalock
  271 F.2d 442· 4th Cir.· 1959-11-02 ·cited 2×
  The court held that the appellant failed to demonstrate exhaustion of state remedies, and the district court properly dismissed the petition.
• United States ex rel. Michael A. Garcia v. Martin
  271 F.2d 298· 2d Cir.· 1959-10-15 ·cited 2×
  The court held that a federal habeas petition failed to state a violation of federal constitutional rights when the petitioner was denied a free transcript for an appeal, as he had counsel and access to the transcript on file.
• Ezra Williams v. Heinze
  271 F.2d 308· 9th Cir.· 1959-09-22 ·cited 2×
  The court held that the defendant's application for a certificate of probable cause and leave to appeal in forma pauperis should be denied because no reasonably debatable issue is presented on appeal.
• State of Fla. ex rel. Wallace Smith v. Cochrane
  112 So. 2d 605· Fla. 2d DCA· 1959-06-09 ·cited 2×·via Writ Of Habeas Corpus
  The Florida District Court of Appeal granted a writ of habeas corpus, vacating a conviction and sentence because the statute under which the petitioner was convicted had been declared unconstitutional by the Florida Supreme Court.
• Starkweather v. Greenholtz
  267 F.2d 858· 8th Cir.· 1959-06-05 ·cited 2×
  The federal court lacked jurisdiction to consider the habeas corpus petition because the petitioner had not raised his federal claims in the state courts. Furthermore, even if jurisdiction existed, the claims presented tactical decisions by counsel, not due process violations.
• Joiner v. DeWitt Sinclair
  110 So. 2d 12· Fla.· 1959-02-25 ·cited 2×
  A prisoner serving consecutive sentences escaped and lost all accumulated gain time (good conduct credit). The Florida Supreme Court held that when a prisoner escapes while serving consecutive sentences, the statute requires forfeiture of all gain time accrued up to the escape, n
• Judson Broadus-Bey v. Diamond
  264 F.2d 242· 6th Cir.· 1959-02-12 ·cited 2×
  The court held that a prior habeas corpus application, which was affirmed on appeal, bars the relitigation of issues that were or could have been raised. Furthermore, new grounds require application to the sentencing court first.
• Loper v. Ellis
  263 F.2d 211· 5th Cir.· 1959-02-03 ·cited 2×
  The court held that the trial court did not abuse its discretion in denying the appellant's belated requests to introduce affidavits or take depositions.