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. Joseph Marcial v. FAY
  267 F.2d 507· 2d Cir.· 1959-01-23 ·cited 2×
  The court held that the petitioner failed to sustain the burden of proving a lack of due process based on the absence of counsel at sentencing or alleged misapprehension by the sentencing judge.
• Gentlee Hollman v. Wyndham M. Manning
  262 F.2d 656· 4th Cir.· 1959-01-16 ·cited 2×
  A federal court will only entertain a state prisoner's habeas corpus application after all available state remedies, including appeals to the Supreme Court, have been exhausted.
• Emile Weston, Jr. v. Sigler
  262 F.2d 519· 5th Cir.· 1959-01-16 ·cited 2×
  The court affirmed the district court's denial of the habeas corpus petition because the petitioner failed to exhaust state remedies.
• Junior Lee Williams v. Moore
  262 F.2d 335· 5th Cir.· 1959-01-05 ·cited 2×
  The court held that the Texas District Court had inherent power to set a new execution date after previous stays expired, and that the admission of evidence from an allegedly illegal arrest or an involuntary confession does not violate the federal constitution in this context.
• United States v. Randolph
  262 F.2d 10· 7th Cir.· 1958-12-31 ·cited 2×
  The court held that a petitioner's failure to exhaust an adequate state remedy, due to untimely filing without excuse, bars federal habeas corpus relief.
• Hollis v. Ellis
  261 F.2d 230· 5th Cir.· 1958-12-05 ·cited 2×
  The court held that the assessment of costs, the claim of mental incapacity at trial, inadequate representation, and failure to apply the indeterminate sentence statute do not render a judgment void and are not grounds for habeas corpus relief.
• Jackson v. Steiner
  261 F.2d 447· 4th Cir.· 1958-12-05 ·cited 2×
  The Fourth Circuit held that a state prisoner seeking federal habeas corpus relief must exhaust state court remedies, and the Maryland Court of Appeals had not yet ruled on the prisoner's specific constitutional claim regarding a free transcript for a new trial motion.
• United States ex rel. Edward Eckwerth v. Denno
  261 F.2d 511· 2d Cir.· 1958-12-02 ·cited 2×
  The court held that the relator's confessions were not coerced and that his trial was not without constitutional due process.
• Rosenfield v. Winfred T. Overholser
  262 F.2d 34· D.C. Cir.· 1958-12-02 ·cited 2×
  The court held that the District Court erred in denying release on habeas corpus without fully clarifying contradictory statements and making formal findings regarding the petitioner's mental condition.
• Will Parks Clay v. United States
  260 F.2d 564· 5th Cir.· 1958-11-05 ·cited 2×·via Habeas Corpus Review
  The court held that the appellant's current claims are not cognizable under 28 U.S.C.A. § 2255 and do not warrant collateral attack.
• Ferber J. Coleman v. Smyth
  260 F.2d 518· 4th Cir.· 1958-10-10 ·cited 2×
  The court held that the petition for a writ of habeas corpus was properly dismissed.
• Jones v. United States
  260 F.2d 89· 9th Cir.· 1958-10-03 ·cited 2×
  The court held that the sentences imposed were not ambiguous and that cumulative punishment for transporting multiple aliens under 8 U.S.C. § 1324 is permissible.
• Broxton B. Thornton v. Culver
  105 So. 2d 489· Fla.· 1958-10-01 ·cited 2×·via Writ Of Habeas Corpus
  A judgment of guilt must conform to the offense to which a plea of guilty was entered; one cannot plead guilty to one offense and be adjudged guilty of another.
• O'Brien v. State
  13 Fla. Supp. 57· Palm Beach Cty. Cir. Ct.· 1958-09-05 ·cited 2×
  O'Brien challenged his extradition to Massachusetts on a habeas corpus petition, claiming the extradition documents did not comply with Florida's statutory requirements. The court held that the affidavits supporting the extradition were insufficient because they were not made bef
• Lloyd v. United States
  259 F.2d 334· D.C. Cir.· 1958-07-02 ·cited 2×
• In re Russo
  255 F.2d 97· 1st Cir.· 1958-05-19 ·cited 2×
  The court held that the habeas corpus petition was properly denied as the petitioner was not in custody, but the declaratory judgment petition should not have been denied outright due to improper service.
• Morris v. United States
  254 F.2d 812· 4th Cir.· 1958-04-25 ·cited 2×
  The District Court correctly held it lacked jurisdiction to entertain a habeas corpus petition when the remedy under 28 U.S.C. § 2255 was not shown to be inadequate or ineffective.
• Smith v. Rhay
  254 F.2d 306· 9th Cir.· 1958-04-18 ·cited 2×
  The court held that informing a defendant of their right to counsel by the prosecuting attorney, in the presence of the court, is substantively sufficient to satisfy due process, even if not directly from the judge. The court also held that a statute allowing for a range of penal
• The Superior Court OF The State OF Cal. v. United States Dist. Court
  256 F.2d 844· 9th Cir.· 1958-04-07 ·cited 2×·via Writ Of Habeas Corpus
  A federal District Court cannot issue a writ of certiorari to a state court, as such power is reserved for the Supreme Court and is limited to federal questions or inferior federal courts.
• State v. Weissing
  101 So. 2d 433· Fla. 2d DCA· 1958-03-21 ·cited 2×
  A physician sought a writ of prohibition to prevent trial on narcotics charges, claiming immunity under Florida statute 932.29 because he had previously testified under a witness subpoena in an unrelated investigation. The court held that the statute's immunity applies only to in
• Carpenter v. Honorable John R. Dethmers
  253 F.2d 131· 6th Cir.· 1958-02-26 ·cited 2×
  The court held that judicial immunity bars civil actions against judges and clerks, and the claims against prison officials were without merit due to parole violations.
• United States v. Murff
  250 F.2d 436· 2d Cir.· 1957-12-18 ·cited 2×
  The court held that the administrative findings supporting deportation were supported by substantial evidence and that the writ of habeas corpus was properly dismissed.
• United States ex rel. Fred Hunter v. Bibb
  249 F.2d 839· 7th Cir.· 1957-12-10 ·cited 2×
  The court held that the prisoner's petition for a writ of habeas corpus was properly dismissed for failure to exhaust state remedies and due to pending state proceedings.
• London v. State OF Okla.
  248 F.2d 788· 10th Cir.· 1957-10-15 ·cited 2×
  The court held that the petitioner failed to prove that prosecuting authorities knowingly used perjured testimony or that any perjured testimony was material.
• Efstratios Savelis v. Vlachos
  248 F.2d 729· 4th Cir.· 1957-10-07 ·cited 2×
  The court held that the immigration officer did not abuse his discretion in refusing to issue a D-2 permit and revoking the D-1 permit.
• Simpson v. Harley O. Teets
  248 F.2d 465· 9th Cir.· 1957-10-03 ·cited 2×
  The court held that without a certificate of probable cause, an appeal from a denial of a habeas corpus petition is not valid.
• Barber v. Rietmann
  248 F.2d 118· 9th Cir.· 1957-09-13 ·cited 2×
  The Savings Clause of the 1952 Immigration and Nationality Act does not preserve a right to re-enter the United States for an alien who was previously debarred from citizenship, as the Act specifically provides for the exclusion of such aliens.
• Karrell v. United States
  247 F.2d 706· 9th Cir.· 1957-08-08 ·cited 2×
  The court held that the defendant's prior appeal had already decided the statutory construction issue, and the current attempt to vacate the conviction under § 2255 was procedurally flawed and moot.
• Williams v. Heritage
  250 F.2d 390· 9th Cir.· 1957-05-29 ·cited 2×
  A federal prisoner seeking to challenge his sentence must first apply to the sentencing court under 28 U.S.C.A. § 2255 before seeking habeas corpus in another district.
• United States ex rel. Peter Stevens v. Ragen
  244 F.2d 420· 7th Cir.· 1957-05-13 ·cited 2×
  The court held that the petitioner had not exhausted his state remedies because the Illinois courts had not yet determined whether his delay in filing a post-conviction petition was due to culpable negligence.
• United States ex rel. Elmer Burke v. Denno
  243 F.2d 835· 2d Cir.· 1957-05-01 ·cited 2×
  The court held that the district court correctly denied the petition for a writ of habeas corpus, affirming the denial.
• State of Fla. ex rel. Harry Sitamore v. Kelly
  94 So. 2d 726· Fla.· 1957-04-24 ·cited 2×
  The Florida Supreme Court reversed a habeas corpus ruling and held that an inmate must receive credit toward his original one-year Dade County sentence for time spent in Palm Beach County jail awaiting trial on separate charges, even though he did not consent to the interruption
• Guilford v. Mayo
  93 So. 2d 110· Fla.· 1957-02-27 ·cited 2×
  B.F. Guilford sought habeas corpus relief to challenge a life sentence imposed under Florida's habitual criminal statute. The Florida Supreme Court held that the fourth offender conviction was illegal because the four underlying felonies were all committed and convicted on the sa
• Lambert v. Schneckloth
  241 F.2d 711· 9th Cir.· 1957-02-20 ·cited 2×
  A petitioner serving concurrent sentences cannot challenge the validity of a later sentence by habeas corpus if they would still be confined under an earlier, valid sentence.
• Matter of the Application of Dupree POE
  241 F.2d 461· 9th Cir.· 1957-02-08 ·cited 2×
  The court held that a certificate of probable cause should be denied when the petitioner has not exhausted state remedies.
• Chapman v. Warden H. O. Teets of San Quentin
  241 F.2d 186· 9th Cir.· 1957-01-23 ·cited 2×
  The court held that the submitted document could not be entertained as an appeal due to untimeliness and lack of a certificate of probable cause, nor as a habeas corpus petition because the petitioner had not exhausted state remedies and presented an untenable legal argument.
• Rogue Madrona Banez v. Boyd
  236 F.2d 934· 9th Cir.· 1956-09-26 ·cited 2×
  The court held that the appellant, a Philippine national, was subject to deportation as an alien entering without a valid visa, despite his claim of American national status.
• Meeks v. Lainson
  236 F.2d 395· 8th Cir.· 1956-08-20 ·cited 2×
  The court held that a federal court should not entertain a habeas corpus petition if the state court's denial of the claim was based on state law grounds, even if not explicitly stated, and no federal issue was presented to or passed upon by the state's highest court.
• Garcia v. Brownell
  236 F.2d 356· 9th Cir.· 1956-08-06 ·cited 2×
  The court held that the allegations of the petition, supported by the affidavit, must be taken as true, establishing an existing controversy regarding Garcia's citizenship.
• United States ex rel. Steve Avramovich v. Lehmann
  235 F.2d 260· 6th Cir.· 1956-08-01 ·cited 2×·via Application For Writ Of Habeas Corpus
  The court held that the evidence was sufficient to sustain the deportation order under the Internal Security Act of 1950, and the judiciary cannot question the wisdom of Congress's deportation policies.
• United States ex rel. Leonardo Salemi v. Denno
  235 F.2d 910· 2d Cir.· 1956-07-13 ·cited 2×
  The court held that the district court properly denied the habeas corpus application on adequate state grounds, specifically New York's requirement of due diligence for a new trial.
• Riece Cozart v. Wilson
  236 F.2d 732· D.C. Cir.· 1956-07-12 ·cited 2×
  The court held that the District Court correctly dismissed the petition for a writ of habeas corpus because Japan has jurisdiction over offenses committed within its territory by U.S. service members.
• Ramirez-Rangel v. Butterfield
  234 F.2d 828· 6th Cir.· 1956-07-05 ·cited 2×
  The appellate court affirmed the denial of discretionary relief from deportation, finding the hearing fair and the denial not arbitrary or capricious.
• United States ex rel. Alexander Piscione v. Lehmann
  234 F.2d 810· 6th Cir.· 1956-07-05 ·cited 2×
  The court held that the District Court correctly dismissed the writ of habeas corpus, affirming the deportation order.
• Darcy v. Harley O. Teets
  232 F.2d 732· 9th Cir.· 1956-03-29 ·cited 2×
  The court held that the petitioner's appeal from the denial of habeas corpus relief did not present a substantial question and was not taken in good faith, thus denying the motion to proceed in forma pauperis.
• Application of James Alonzo Rogers For a Writ of Habeas Corpus
  229 F.2d 754· 9th Cir.· 1956-01-20 ·cited 2×
  A court of appeals, as an entity, lacks the statutory authority to issue a certificate of probable cause; only individual judges may do so.
• Seltenrich v. Sigler
  228 F.2d 615· 5th Cir.· 1956-01-06 ·cited 2×
  The court held that the appellant's continued imprisonment is not a deprivation of federal constitutional rights, as the sentence was correctly interpreted as consecutive.
• Henley v. Ellis
  228 F.2d 657· 5th Cir.· 1956-01-06 ·cited 2×
  The court held that the recital in a judgment that a defendant appeared by counsel is not conclusive and can be overcome by evidence showing the defendant was denied counsel, thus violating due process.
• Franey v. Mayo
  83 So. 2d 421· Fla.· 1955-11-16 ·cited 2×
  L.M. Franey, a prisoner serving multiple sentences imposed by two different courts, petitioned for habeas corpus claiming he had completed his sentence and was entitled to discharge. The Florida Supreme Court affirmed the denial of his petition, holding that sentences from separa
• Kethel Osborne v. Swope
  226 F.2d 908· 9th Cir.· 1955-10-27 ·cited 2×
  A convicted soldier must exhaust administrative remedies, specifically petitioning for a new trial under Article 73, before seeking federal habeas corpus relief.