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

• Estevez v. Brownell
  227 F.2d 38· D.C. Cir.· 1955-10-13 ·cited 2×
  The court held that an alien's complaint challenging an exclusion order is reviewable by a court, not solely by habeas corpus.
• Hall v. Mayo
  85 So. 2d 592· Fla.· 1955-09-16 ·cited 2×
  Petitioner Hall was convicted of cattle larceny and sentenced to two years imprisonment on each of two consolidated informations. He petitioned for habeas corpus contending illegal detention under Florida Statute 921.16, but the court held his application was premature because he
• NG YIP YEE v. Barber
  225 F.2d 707· 9th Cir.· 1955-09-08 ·cited 2×
  The court held that the Board of Immigration Appeals erred by treating the hearing as a trial de novo and reappraising evidence, instead of returning the case to the special inquiry officer for appraisal under the ordinary burden of proof.
• Loos v. Hardwick
  224 F.2d 442· 5th Cir.· 1955-06-30 ·cited 2×
  The court held that the offense, though designated a misdemeanor, is classified as a felony under the Criminal Code, and the petitioner is not entitled to release after serving one year.
• Lieutenant General W. G. Wyman v. la Rose
  223 F.2d 849· 9th Cir.· 1955-06-16 ·cited 2×
  The court held that the appellee failed to exhaust his administrative remedies by not appealing his final I-A-O classification, thus the district court erred in granting habeas corpus relief.
• United States ex rel. Sebastian Vermiglio v. Butterfield
  223 F.2d 804· 6th Cir.· 1955-06-09 ·cited 2×
  The court held that a mere application for a pardon does not require a stay of deportation and that the relator received a fair hearing during deportation proceedings.
• Chiu BUT HAO v. Barber
  222 F.2d 821· 9th Cir.· 1955-05-13 ·cited 2×
  The court held that the denial of a stay of deportation, based on fear of persecution, is committed to the sound discretion of the Attorney General and does not require a hearing under the Administrative Procedure Act.
• United States ex rel. Alejandro Raca Alcantra v. Boyd
  222 F.2d 445· 9th Cir.· 1955-05-10 ·cited 2×
  The court held that the Immigration and Nationality Act's provision for treating travel from territories as an entry does not apply to a permanent resident alien returning to the continental U.S. from Alaska after temporary seasonal employment.
• Piner v. The United States
  222 F.2d 199· 7th Cir.· 1955-04-27 ·cited 2×
  The court held that the appellant competently and intelligently waived his constitutional right to counsel, despite the lack of a complete original record.
• Severo Ruiz Chavez v. McGRANERY
  220 F.2d 857· 9th Cir.· 1955-03-29 ·cited 2×·via Writ Of Habeas Corpus
  The court held that the district court's dismissal was proper because the sole defendant served could not provide relief and an indispensable party was absent.
• Thomas v. Harley O. Teets
  220 F.2d 232· 9th Cir.· 1955-03-07 ·cited 2×
  The court held that the trial court was justified in finding that the appellant's allegations of misconduct by the sheriff and concealment by his attorney were not sustained by the evidence, and that the appellant was not denied effective assistance of counsel or due process.
• State of Fla. ex rel. Charlie Copeland, Jr. v. Mayo
  78 So. 2d 399· Fla.· 1955-03-01 ·cited 2×
  Charlie Copeland petitioned for habeas corpus challenging the legality of his death sentence for rape, arguing that a 1953 amendment to the Child Molester Act should have limited his sentence to 25 years rather than death. The Florida Supreme Court denied the petition, holding th
• Volney Brooker v. Mayo
  77 So. 2d 854· Fla.· 1955-02-11 ·cited 2×
  The Florida Supreme Court denied a habeas corpus petition, upholding a prisoner's conviction and sentence for withholding support and deserting his minor children. The court found the two offenses were distinct in time, distinguishing it from a prior case where consecutive senten
• United States ex rel. Watson Moulthrope v. Matus
  218 F.2d 466· 2d Cir.· 1954-12-31 ·cited 2×
  The court held that a prior forcible extradition does not prevent a subsequent extradition, as the relator can still be considered a fugitive from justice.
• State of Minn. v. Swenson
  217 F.2d 66· 8th Cir.· 1954-12-06 ·cited 2×
  The court held that the petitioner had not exhausted his state remedies and that his detention was lawful, thus affirming the denial of his habeas corpus petition.
• Heikkila v. Barber
  216 F.2d 407· 9th Cir.· 1954-10-13 ·cited 2×
  The court held that a prior Supreme Court decision affirming dismissal of an alien's deportation order review was res judicata, barring a second suit seeking the same relief.
• North v. Chapman
  74 So. 2d 787· Fla.· 1954-10-01 ·cited 2×
  A death row inmate petitioned for habeas corpus challenging the legality of his detention in Florida's death chamber prior to execution. The Florida Supreme Court upheld the execution procedures as lawful under state statute, rejecting arguments that the executioner was undesigna
• Turner v. Eidson
  215 F.2d 728· 8th Cir.· 1954-09-13 ·cited 2×
  The court held that a federal court cannot grant habeas corpus relief on issues not first presented to and denied by state courts, absent a showing that no state remedy is available.
• Cruysen v. Scudder
  215 F.2d 512· 9th Cir.· 1954-08-13 ·cited 2×
  The court held that the federal district court lacked jurisdiction because the petitioner had not exhausted his state remedies, specifically by failing to petition the California state courts for a writ of habeas corpus.
• King v. United States
  214 F.2d 712· 10th Cir.· 1954-08-02 ·cited 2×·via Writ Of Habeas Corpus
  The court held that the petitioner's guilty pleas admitted the facts charged, and the counts in the indictment charged separate and distinct offenses, thus the sentences were not void.
• Rupp v. Teets
  214 F.2d 312· 9th Cir.· 1954-06-24 ·cited 2×
  The court held that an appeal from a denial of a writ of habeas corpus is frivolous if the petitioner has not exhausted state remedies.
• Rubenstein v. Wilson
  212 F.2d 631· D.C. Cir.· 1954-05-10 ·cited 2×
  The court held that the district court should not have dismissed the habeas corpus petition based solely on the civilian employment contract, as further evidence is needed to determine the actual relationship with the Armed Forces.
• Samaniego v. Brownell
  212 F.2d 891· 5th Cir.· 1954-05-06 ·cited 2×
  The court held that the appellant's petition for a writ of habeas corpus was prematurely filed because he failed to exhaust his administrative remedies under the applicable immigration statutes.
• United States ex rel. Daniman v. Shaughnessy
  210 F.2d 564· 2d Cir.· 1954-02-26 ·cited 2×
  The court held that the appeal was moot because the six-month statutory period for deportation had expired without judicial review of the deportation order itself.
• Beal v. Mayo
  70 So. 2d 367· Fla.· 1954-02-12 ·cited 2×
  Robert Beal sought habeas corpus relief, claiming the Florida Board of Pardons lacked jurisdiction to revoke his conditional parole and reincarcerate him after the expiration of his original sentence. The Florida Supreme Court held that a conditional parole is legally a condition
• Nelson v. Peckham
  210 F.2d 574· 4th Cir.· 1954-02-09 ·cited 2×
  The court held that while it cannot compel the granting of a commission, it can order a dentist's release from service if the statutory condition of commensurate rank and grade is not met.
• Dusseldorf v. Teets
  209 F.2d 754· 9th Cir.· 1954-01-13 ·cited 2×
  The failure of a state prisoner's appointed attorney to raise a constitutional claim on appeal constitutes a waiver of that claim, barring federal habeas corpus relief.
• Berg v. Cranor
  209 F.2d 567· 9th Cir.· 1954-01-12 ·cited 2×
  The court held that the prisoner's attorney's failure to comply with state supreme court filing rules, after a valid oral notice of appeal, did not constitute a violation of the Fourteenth Amendment.
• Garcia v. Landon
  207 F.2d 693· 9th Cir.· 1953-09-29 ·cited 2×
  The court held that the appellant's contentions regarding the unconstitutionality of the Act, insufficiency of evidence, and unfair hearing were without merit.
• Vitale v. Hunter
  206 F.2d 826· 10th Cir.· 1953-08-05 ·cited 2×
  The court held that the petitioner's prior unlawful entry into the United States rendered his commuted sentence void, making his subsequent apprehension lawful.
• Mayo v. State ex rel. Murray
  66 So. 2d 256· Fla.· 1953-07-10 ·cited 2×
  The Florida Supreme Court reversed a habeas corpus discharge order, holding that when a life sentence imposed as a habeas corpus petitioner's fourth felony conviction is invalid due to violation of the statutory requirement that subsequent convictions follow the prior conviction
• United States ex rel. Hyndman v. Holton
  205 F.2d 228· 7th Cir.· 1953-06-23 ·cited 2×
  The court held that the Attorney General did not abuse his discretion in denying bail to the appellant, and the government acted within its sound discretion.
• United States ex rel. Lavelle v. FAY
  205 F.2d 294· 2d Cir.· 1953-06-04 ·cited 2×
  The court held that a common law writ of error coram nobis is the appropriate remedy to challenge the validity of a federal conviction, not a writ of habeas corpus in this instance.
• Paul v. Waters
  204 F.2d 510· 10th Cir.· 1953-05-23 ·cited 2×
  The court held that the trial court's finding that the petitioner failed to establish facts supporting his habeas corpus claim was not clearly erroneous.
• Galloway v. Dowd
  204 F.2d 524· 7th Cir.· 1953-05-22 ·cited 2×
  Federal courts must deny habeas corpus petitions if the petitioner has failed to exhaust available state remedies, including timely raising constitutional issues according to state procedural rules.
• Schell v. Eidson
  203 F.2d 902· 8th Cir.· 1953-05-07 ·cited 2×
  The court held that a federal district court may deny a habeas corpus writ without a rehearing if the state courts have already fairly considered and adjudicated the issues presented.
• United States ex rel. Sholter v. Claudy
  203 F.2d 805· 3d Cir.· 1953-05-06 ·cited 2×
  The court held that a habeas corpus proceeding is not a criminal proceeding, and therefore, the Fourteenth Amendment does not require the state to provide counsel for a prisoner seeking release through habeas corpus.
• Whiting v. Hunter
  204 F.2d 471· 10th Cir.· 1953-05-04 ·cited 2×
  The court held that a prisoner cannot bypass the exclusive remedy provided by 28 U.S.C.A. § 2255 by filing a habeas corpus petition when the prior motion under § 2255 was denied.
• Cranor v. Cooper
  203 F.2d 833· 9th Cir.· 1953-04-30 ·cited 2×
  The court held that the district court erred in granting a writ of habeas corpus because the petitioner had not exhausted state remedies and no federal constitutional issue was presented.
• Coons v. Boyd
  203 F.2d 804· 9th Cir.· 1953-04-24 ·cited 2×
  The court held that the appellant's habeas corpus petition lacked merit and affirmed the lower court's decision.
• United States ex rel. Cleveland Thompson v. DYE
  203 F.2d 429· 3d Cir.· 1953-03-26 ·cited 2×
  The court held that the relator's claim of incompetent counsel was not a basis for habeas corpus relief, as the issue had been previously considered and decided.
• Rolle v. Mayo
  63 So. 2d 638· Fla.· 1953-03-10 ·cited 2×
  A habeas corpus petition challenging a murder conviction where the petitioner claimed the trial judge failed to recognize the guilty verdict in the sentencing judgment. The Florida Supreme Court held that the judgment sufficiently referenced the conviction and verdict through its
• Smith v. Mayo
  63 So. 2d 510· Fla.· 1953-03-06 ·cited 2×
  John S. Smith challenged his life sentence imposed under Florida's Habitual Criminal Statute, arguing that the state improperly charged him with four felonies when two 1938 convictions count as one conviction under the statute. The Florida Supreme Court granted habeas corpus reli
• United States ex rel. Scott v. Babb
  199 F.2d 804· 7th Cir.· 1952-11-14 ·cited 2×
  A judge's original oath of office is sufficient for duties assigned outside their primary court, even if those duties are in a different court, provided the assignment is proper under state law.
• Sorrentino v. Swope
  198 F.2d 789· 9th Cir.· 1952-09-05 ·cited 2×
  A federal prisoner seeking to challenge his sentence must first utilize the remedy provided by 28 U.S.C. § 2255, and habeas corpus is not an available alternative unless the § 2255 remedy is shown to be inadequate or ineffective.
• Close v. United States
  198 F.2d 144· 4th Cir.· 1952-07-18 ·cited 2×
  The court held that the denial of the motion to vacate the sentence was proper because the defendant failed to raise substantial issues requiring his presence, and the statute under which the motion was filed is constitutional.
• Godwin v. U. S. Dep't of Just.
  197 F.2d 332· 10th Cir.· 1952-05-27 ·cited 2×
  Separate sentences are aggregated for the purpose of computing good time allowance.
• Frazier v. Ellis
  196 F.2d 231· 5th Cir.· 1952-05-02 ·cited 2×
  The court held that the trial court did not err in denying the writ of habeas corpus and that the appellant's claims regarding the denial of his appeal were previously adjudicated by state courts.
• Orloff v. Willoughby
  195 F.2d 209· 9th Cir.· 1952-03-13 ·cited 2×
• Darcy v. Heinze
  194 F.2d 664· 9th Cir.· 1952-02-13 ·cited 2×
  A state prisoner seeking federal habeas corpus relief must apply for certiorari to the U.S. Supreme Court as part of exhausting state remedies, even if the state court denied the petition without opinion.