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

• Miley v. Lovett
  193 F.2d 712· 4th Cir.· 1952-01-24 ·cited 2×
  An Army Reserve officer's commission, appointed under Section 37 of the National Defense Act during wartime, continues in force for five years or until six months after the termination of the war, whichever is longer.
• Waldon v. Swope
  193 F.2d 389· 9th Cir.· 1951-12-14 ·cited 2×·via Writ Of Habeas Corpus
  The court held that a petitioner cannot challenge an erroneous fine via habeas corpus after it has been partially collected, nor can they challenge their absence from a sentence modification proceeding that was favorable to them. Furthermore, the issue of jury composition was wai
• Scott v. Welch
  192 F.2d 676· 4th Cir.· 1951-11-27 ·cited 2×·via Writ Of Habeas Corpus
  A petition for a writ of habeas corpus was properly denied because the remedy under 28 U.S.C. § 2255 was not shown to be inadequate or ineffective.
• Sepulveda v. Squier
  192 F.2d 796· 9th Cir.· 1951-10-29 ·cited 2×
  The court held that the indictment in separate counts for each alien was proper, and confinement in a penitentiary was authorized by statute.
• Anderson v. Eidson
  191 F.2d 989· 8th Cir.· 1951-10-19 ·cited 2×
  The federal district court erred in refusing to entertain a habeas corpus petition on the merits, as the petitioner raised a substantial issue of denial of due process under the Fourteenth Amendment for failure to appoint counsel in a capital case.
• Weber v. Steele
  191 F.2d 815· 8th Cir.· 1951-10-09 ·cited 2×·via Writ Of Habeas Corpus
• Shepherd v. United States
  191 F.2d 919· 8th Cir.· 1951-10-05 ·cited 2×
  The court held that the defendant's motion to withdraw his guilty plea was properly denied as there was no manifest injustice.
• United States ex rel. Barrigar v. Robinson
  189 F.2d 766· 7th Cir.· 1951-06-13 ·cited 2×
  The court held that the petitioner's allegations were insufficient to show a violation of due process and that he had not exhausted his state remedies.
• Von Moltke v. United States
  189 F.2d 56· 6th Cir.· 1951-04-06 ·cited 2×
  The court held that the petitioner failed to meet her burden of proof in a collateral attack on her conviction, and the district court's findings of fact were supported by the evidence.
• United States ex rel. Jaegeler v. UGO Carusi
  187 F.2d 912· 3d Cir.· 1951-04-02 ·cited 2×
  The court held that the President's power under the Alien Enemy Act of 1798, including the determination of an alien's dangerousness and the order for removal, is not subject to judicial review. Furthermore, the government's notification to foreign countries about the alien's sta
• Madsen v. Kinsella
  188 F.2d 272· 4th Cir.· 1951-04-02 ·cited 2×
  The court held that the occupation courts in Germany had jurisdiction to try the appellant for murder, and her imprisonment was legal.
• De Jordan v. United States
  187 F.2d 263· 8th Cir.· 1951-03-02 ·cited 2×
  The court held that the record supported the trial court's findings that the appellant understandingly waived his right to counsel, and therefore, his motion to vacate the judgment and sentence was properly denied.
• Williams v. Swope
  186 F.2d 897· 9th Cir.· 1951-01-22 ·cited 2×
  The court held that the petitioner intelligently and voluntarily waived his right to counsel, and the sentencing judge fulfilled his duty to protect the petitioner's constitutional rights.
• Barber v. Tadayasu ABO
  186 F.2d 775· 9th Cir.· 1951-01-17 ·cited 2×
  The court held that minors are incapable of renouncing their U.S. citizenship under § 401(i) of the Nationality Act of 1940, and that the determination of Japanese citizenship and the right to assert it in the U.S. are factual issues requiring proof.
• Rought v. Steele
  184 F.2d 118· 8th Cir.· 1950-09-08 ·cited 2×
  Failure to comply with Article of War 70's preliminary investigation requirements does not divest a general court-martial of jurisdiction.
• Hinley v. Burford
  183 F.2d 581· 10th Cir.· 1950-07-26 ·cited 2×·via Writ Of Habeas Corpus
  The court held that a writ of habeas corpus must be denied if there is no evidence that the prosecution knowingly used perjured testimony to obtain a conviction.
• Goodman v. Lainson
  182 F.2d 814· 8th Cir.· 1950-06-15 ·cited 2×
  A federal court may entertain a habeas corpus petition from a state prisoner who has exhausted all available state remedies, even without showing exceptional circumstances of peculiar urgency.
• United States ex rel. Miller v. Walsh
  182 F.2d 264· 7th Cir.· 1950-05-08 ·cited 2×
  A person can be a fugitive from justice for extradition purposes even if not physically present in the demanding state on the exact date the crime was committed, if they committed an overt act in furtherance of the crime in that state and then absented themselves.
• Miller v. United States ex rel Hunt
  181 F.2d 363· 5th Cir.· 1950-04-07 ·cited 2×
  The issuance of a timely warrant of arrest tolls the statute of limitations for deportation proceedings, even if the deportation warrant is issued later.
• Morton v. Steele
  179 F.2d 956· 8th Cir.· 1950-02-14 ·cited 2×
  The court held that a district court correctly dismissed a habeas corpus application when the petitioner's claims had been previously litigated and denied, and statutory remedies were available.
• United States ex rel. Mascio v. Ragen
  179 F.2d 930· 7th Cir.· 1950-02-08 ·cited 2×
  A habeas corpus petition will not lie to challenge an erroneous sentence when the sentencing court had jurisdiction; the remedy for such errors is appeal.
• United States ex rel. Kataliakos v. Jordan
  179 F.2d 422· 7th Cir.· 1950-02-02 ·cited 2×
  The court held that the warrant for the petitioner's deportation was valid and the lower court's order did not constitute error.
• United States ex rel. Vajta v. Watkins
  179 F.2d 137· 2d Cir.· 1950-01-05 ·cited 2×
  An alien who entered the U.S. and is later found to be excludable on grounds that would have prevented entry can be deported within five years of entry.
• Price v. Swope
  178 F.2d 273· 9th Cir.· 1949-12-14 ·cited 2×
  The court held that the trial court did not err in dismissing the petition for a writ of habeas corpus, as the appellant failed to prove the government knowingly used perjured testimony or deprived him of his right to appeal.
• United States ex rel. Bejeuhr v. Shaughnessy
  177 F.2d 436· 2d Cir.· 1949-11-07 ·cited 2×
  The court held that the Attorney General's power to deport enemy aliens remains active as long as a state of war with Germany has not been formally terminated by treaty or proclamation.
• Brooks v. Steele
  177 F.2d 783· 8th Cir.· 1949-11-04 ·cited 2×
  The Attorney General was authorized to designate the penitentiary for confinement, as the offenses were punishable by more than one year, even though the sentence imposed was less.
• Petition of Kavadias. Kavadias v. Cross
  177 F.2d 497· 7th Cir.· 1949-10-25 ·cited 2×
  An alien honorably discharged from the U.S. armed forces, who has filed for naturalization under a recent statute, is entitled to a hearing on his naturalization application before deportation proceedings can be concluded.
• Brandenburg v. Steele
  177 F.2d 279· 8th Cir.· 1949-10-20 ·cited 2×
  The court held that the appellant's conviction was not a denial of due process, as the procedure followed was authorized by statute and rules.
• United States ex rel. Mobley v. Handy
  176 F.2d 491· 5th Cir.· 1949-08-02 ·cited 2×
  Military jurisdiction attached in Germany and was not divested by the relator's escape and flight to the United States.
• United States ex rel. Kennedy v. Burke
  176 F.2d 96· 3d Cir.· 1949-07-06 ·cited 2×
  The court held that the petitioner was not deprived of due process by not having counsel, as the proceedings were not complex and he understood the charges.
• United States ex rel. Morrison v. Foster
  175 F.2d 495· 2d Cir.· 1949-06-16 ·cited 2×
  The court held that the denial of the petition for a writ of habeas corpus was correct because the appellant was properly indicted and his constitutional rights were not violated.
• Hall v. McGOWAN
  174 F.2d 902· 8th Cir.· 1949-06-08 ·cited 2×
  The court held that a parole violator's sentence is tolled by his violation, and the parole board's authority continues until the sentence is completed, regardless of the time elapsed since the warrant was issued.
• Rogers v. Squier
  174 F.2d 348· 9th Cir.· 1949-05-04 ·cited 2×
  The court held that the petitioner waived his right to challenge the jury composition by failing to raise the issue at trial.
• United States ex rel. White v. Walsh
  174 F.2d 49· 7th Cir.· 1949-04-20 ·cited 2×
  The court held that a judgment rendered by a court with jurisdiction over the person and subject matter, even if erroneous, is not subject to collateral attack.
• Lacewell v. Hiatt
  173 F.2d 889· 5th Cir.· 1949-04-20 ·cited 2×
  The court held that a petitioner convicted by court-martial cannot use habeas corpus to challenge the sufficiency of the evidence, and that acts of accomplices in a joint venture are imputable to each participant.
• United States ex rel. Carr v. Martin
  172 F.2d 519· 2d Cir.· 1949-02-11 ·cited 2×
  The court held that a federal district court lacks jurisdiction to review claimed errors in state courts, and habeas corpus is not a substitute for appeal.
• Lynch v. Swope
  172 F.2d 301· 9th Cir.· 1949-01-19 ·cited 2×
  The court held that a habeas corpus petition cannot be used as a substitute for a direct appeal when the petitioner had the opportunity to appeal a conviction.
• Canada v. Jones
  170 F.2d 606· 8th Cir.· 1948-11-17 ·cited 2×
  The court held that the inmate's claims of due process violations were without merit, and his incarceration was lawful.
• Hiatt v. Gann
  170 F.2d 473· 5th Cir.· 1948-11-12 ·cited 2×
  The court held that the district court erred in discharging the applicant based on the timing of counsel appointment.
• United States Ex rel. Holderfield v. Ragen
  170 F.2d 189· 7th Cir.· 1948-10-28 ·cited 2×
  The court held that the appellant's federal rights were not violated by the sentence imposed, as the interpretation of state law was a matter for the Illinois courts.
• Curtis v. Hiatt
  169 F.2d 1019· 3d Cir.· 1948-08-31 ·cited 2×
  The court held that the lower court erred in denying habeas corpus relief on one petition because the record did not sufficiently establish that the petitioner's waiver of counsel was competent and intelligent, given his age and the circumstances surrounding his plea. However, th
• Washington v. Clemmer
  169 F.2d 300· D.C. Cir.· 1948-05-28 ·cited 2×
  A prisoner convicted of a crime while on parole must serve the new sentence before beginning the unexpired portion of the old sentence, regardless of whether the new sentence is served in the same institution.
• Raisin v. Hunter
  167 F.2d 742· 10th Cir.· 1948-04-14 ·cited 2×
  The court held that the trial court's findings were amply sustained by the record and that there was no error in the judgment.
• Bryarly v. Howard
  165 F.2d 576· 7th Cir.· 1948-01-05 ·cited 2×
  A guilty plea obtained by trickery or coercion is invalid and does not waive the right to challenge the conviction.
• Council v. Clemmer
  165 F.2d 249· D.C. Cir.· 1947-12-29 ·cited 2×
  The court held that the petition for writ of habeas corpus, when amplified by the appellate brief, stated sufficient grounds to warrant further proceedings in the lower court.
• Bellaskus v. Crossman
  164 F.2d 412· 5th Cir.· 1947-12-02 ·cited 2×
  The court should have inquired whether there was any lawful reason for deporting the alien to Greece.
• Willis v. Hunter
  164 F.2d 694· 10th Cir.· 1947-11-17 ·cited 2×
  The court held that a guilty plea to attempting to escape lawful custody, where the underlying charge was a felony, precludes habeas corpus relief.
• Cain v. Benson
  163 F.2d 822· 6th Cir.· 1947-10-22 ·cited 2×·via Writ Of Habeas Corpus
  The court held that the petition for a writ of habeas corpus must be denied due to procedural deficiencies and lack of merit.
• Rasmussen v. Robinson
  163 F.2d 732· 3d Cir.· 1947-09-16 ·cited 2×
  The court held that the sentencing judge's recommendation against deportation, made pursuant to Section 19 of the Immigration Act of 1917, is binding on the Attorney General when the crime was committed within the United States prior to the alien's entry, even if the alien admitt
• Young v. Territory of Hawaii
  163 F.2d 490· 9th Cir.· 1947-08-26 ·cited 2×
  The court held that the trial court did not err in admitting Nozawa's statements and in denying the motion to suppress evidence seized from Dr. Young's premises, as the statements were voluntary and the evidence was obtained with consent or through timely seizure.