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. Ludecke v. Watkins
  163 F.2d 143· 2d Cir.· 1947-07-24 ·cited 2×
  The court held that the Alien Enemy Act does not require a judicial hearing for removal orders and remains effective during a declared state of war.
• Fong Haw Tan v. Phelan
  162 F.2d 663· 9th Cir.· 1947-06-25 ·cited 2×
• Mowery v. Mayo
  159 Fla. 185· Fla.· 1947-06-24 ·cited 2×·via Writ Of Habeas Corpus
  Jesse Mowery petitioned for habeas corpus challenging his life sentence under Florida's Baumes Law (habitual offender statute) as a fourth felony offender. The Florida Supreme Court held that one of his prior convictions did not qualify as a predicate offense because it was not s
• United States ex rel. Ristich v. Ragen
  162 F.2d 180· 7th Cir.· 1947-05-17 ·cited 2×
  The court held that a certificate of probable cause is a jurisdictional prerequisite for an appeal from a denial of habeas corpus relief by a federal district court when the detention is by virtue of state court process.
• Thompson v. Smith
  161 F.2d 728· 9th Cir.· 1947-05-16 ·cited 2×
  The petition for a writ of certiorari is denied because it is procedurally improper and the petitioner has not exhausted state remedies.
• Canada v. Jones
  160 F.2d 811· 8th Cir.· 1947-04-18 ·cited 2×
  A federal court must dismiss a habeas corpus application if the petitioner has not exhausted all available state remedies, including appellate review.
• Lynch v. Johnston
  160 F.2d 950· 9th Cir.· 1947-03-19 ·cited 2×
  The court held that the petition, despite lacking precision, contained sufficient allegations to require a hearing.
• Bowker v. Hunter
  158 F.2d 854· 10th Cir.· 1947-01-15 ·cited 2×
  A court has the power to impose a prison sentence on one count of an indictment and grant probation on other counts.
• King v. Smith
  158 F.2d 715· 9th Cir.· 1946-12-31 ·cited 2×
  The court held that the trial judge did not abuse his discretion in refusing to appoint counsel for the appellant after the close of evidence, as the record was clear and the judge was in a position to weigh the evidence.
• Wells v. United States
  158 F.2d 833· 5th Cir.· 1946-12-30 ·cited 2×
  The court held that the district court correctly denied the appellant's motion to vacate the judgment, either for lack of leave or because the issues were previously adjudicated.
• Klopp v. Overlade
  162 F.2d 343· 7th Cir.· 1946-12-27 ·cited 2×
  The court held that habeas corpus cannot be used to review errors of law that do not go to the jurisdiction of the trial court.
• In re Reed
  158 F.2d 323· D.C. Cir.· 1946-11-18 ·cited 2×
  The court held that the District of Columbia Board of Indeterminate Sentence and Parole has the authority to impose conditions on prisoners released for good conduct and to recommit them for violations. It also held that a prisoner is not prejudiced by the lack of counsel at arra
• Seay v. Sanford
  158 F.2d 281· 5th Cir.· 1946-10-25 ·cited 2×·via Writ Of Habeas Corpus
  The court held that a writ of habeas corpus cannot address the lawfulness of a potential future imprisonment under a separate sentence.
• Application of Gordon
  157 F.2d 659· 9th Cir.· 1946-10-19 ·cited 2×
  The court held that a prisoner's claim of an appellate court misstating facts, when those facts supported the appellate court's legal conclusion, does not constitute a denial of due process cognizable in habeas corpus. The court also found the challenge to the Indeterminate Sente
• United States ex rel. Reichel v. Carusi
  157 F.2d 732· 3d Cir.· 1946-10-01 ·cited 2×
  The court held that the appellant, having willingly acquired German citizenship, remained a German citizen and was subject to detention under the Alien Enemy Act.
• Davis v. Johnston
  157 F.2d 64· 9th Cir.· 1946-09-04 ·cited 2×
  The court held that the findings of fact were supported by evidence and not clearly erroneous, thus the prisoner was not entitled to discharge.
• Hoelscher v. Howard
  155 F.2d 909· 7th Cir.· 1946-05-17 ·cited 2×
  The court held that a state prisoner's claim that he was denied due process by the lack of appointed counsel was not grounds for habeas corpus relief when the prisoner had competently and intelligently waived his right to counsel under state law, and the state court had already a
• United States ex rel. Lauritsen v. Allen
  154 F.2d 959· 8th Cir.· 1946-04-23 ·cited 2×
  An order to report for induction does not constitute actual restraint of liberty, and thus habeas corpus is not available before induction.
• Wilson v. United States
  154 F.2d 908· 6th Cir.· 1946-04-22 ·cited 2×
  The court held that the District Court erred in failing to correct the sentence as previously directed.
• United States ex rel. Monder v. Ragen
  154 F.2d 290· 7th Cir.· 1946-03-21 ·cited 2×
  The court held that claims not properly raised in a habeas corpus action, the constitutionality of the Illinois Habitual Criminal Act, and failure to exhaust state remedies are grounds for dismissal.
• Dodez v. United States
  154 F.2d 637· 6th Cir.· 1946-03-18 ·cited 2×
  The court held that the appellant's conviction for violating the Selective Training and Service Act was affirmed because he failed to exhaust his administrative remedies by reporting for induction, and his claims of prejudice or lack of fair hearing were not sufficiently proven t
• Williams v. Dowd
  153 F.2d 328· 7th Cir.· 1946-02-13 ·cited 2×
  The court held that the district court properly denied the petition for a writ of habeas corpus, affirming the judgment.
• People of State of Ill. Ex rel. Davidson v. Bennett
  153 F.2d 271· 7th Cir.· 1946-01-29 ·cited 2×
  A federal district court lacks jurisdiction to grant habeas corpus relief if the petitioner has not exhausted state court remedies, including seeking certiorari from the United States Supreme Court after denial of relief by the highest state court.
• Noble v. Botkin
  153 F.2d 228· D.C. Cir.· 1946-01-28 ·cited 2×
  The District Court has the authority to issue a writ of habeas corpus ad prosequendum for a person confined outside the District of Columbia.
• Mitchell v. Hunter
  152 F.2d 959· 10th Cir.· 1946-01-11 ·cited 2×
  The court held that a prior decision of the Supreme Court did not invalidate the indictment, as the facts presented were distinguishable.
• United States ex rel. Gapinski v. Ragen
  152 F.2d 268· 7th Cir.· 1945-12-04 ·cited 2×
  A prisoner's wrongful transfer to a psychiatric division does not warrant release via habeas corpus if the underlying sentence is valid.
• Pelley v. Botkin
  152 F.2d 12· D.C. Cir.· 1945-11-13 ·cited 2×
  The court held that a petition for a writ of habeas corpus is premature when the appellant is awaiting trial and has the opportunity to challenge the constitutionality of the statute in the trial court.
• Langan v. Langan
  D.D.C.· 1945-06-29 ·cited 2×
  The court held that the trial court properly disregarded prior custody orders from other states and awarded custody based on the child's best interests.
• Dainard v. Johnston
  149 F.2d 749· 9th Cir.· 1945-06-07 ·cited 2×
  The court held that the failure to present the petitioner before a magistrate did not invalidate his guilty plea and sentence, as he was otherwise afforded his constitutional rights.
• Coffin v. Reichard
  148 F.2d 278· 6th Cir.· 1945-04-10 ·cited 2×
  The court held that the district court correctly denied the writ of habeas corpus because the appellant was competent when pleading guilty and was not subjected to cruel and inhuman treatment.
• Young v. Sanford
  147 F.2d 1007· 5th Cir.· 1945-03-09 ·cited 2×
  The court held that alleged irregularities prior to trial must be raised at trial or on appeal, not in habeas corpus, and that the finding of intelligent waiver of counsel was supported by the record.
• United States ex rel. Potts v. Rabb U. S. Marshal
  147 F.2d 225· 3d Cir.· 1945-01-17 ·cited 2×
  The court held that it could not issue a supplemental mandate to compel disclosure of grand jury witnesses because the prior appeal was dismissed as moot and did not address that issue.
• Kuczynski v. United States
  145 F.2d 310· 7th Cir.· 1944-11-03 ·cited 2×
  The court held that the statute depriving an insane prisoner of good time deductions is not an ex post facto law and affirmed the denial of the appellant's motion.
• Touhy v. COX
  145 F.2d 107· 8th Cir.· 1944-10-23 ·cited 2×
  The court held that the offenses of robbing mail custodians and stealing mail from pouches are distinct statutory crimes, and convictions for both are permissible.
• Monge v. Sanford
  145 F.2d 227· 5th Cir.· 1944-10-20 ·cited 2×
  The court held that an indictment relying on a statutory presumption, later invalidated by the Supreme Court, fails to state an offense.
• Flansburg v. Kaiser
  144 F.2d 917· 8th Cir.· 1944-10-03 ·cited 2×
  The court held that a federal court should not intervene via habeas corpus when a state prisoner has not exhausted state remedies or sought review by the Supreme Court of the United States.
• Sharpe v. Commonwealth of Ky.
  142 F.2d 213· 6th Cir.· 1944-04-24 ·cited 2×
  The court held that the district court's findings of fact were sustained by the evidence and its conclusions of law were not in error.
• Sullivan v. Hunter
  141 F.2d 7· 10th Cir.· 1944-02-18 ·cited 2×·via Writ Of Habeas Corpus
  The court held that the trial court's findings were not clearly erroneous and were supported by evidence, affirming the discharge of the writ of habeas corpus.
• Sitamore v. Mayo
  154 Fla. 160· Fla.· 1944-02-01 ·cited 2×
  Harry Sitamore challenged his imprisonment by habeas corpus or equity petition, alleging fraud in the procurement of his judgments and sentences. The Florida Supreme Court affirmed the circuit court's judgment remanding Sitamore to custody, finding sufficient evidence supported t
• United States ex rel. RAY v. Martin
  141 F.2d 300· 2d Cir.· 1944-01-28 ·cited 2×
• Pinfold v. Hunter
  140 F.2d 564· 10th Cir.· 1944-01-28 ·cited 2×
  A petitioner's claim of being misled about potential sentence length does not invalidate a guilty plea or a waiver of counsel if the waiver was otherwise intelligent and voluntary.
• Lanthe Calhoun v. Baden
  153 Fla. 663· Fla.· 1943-11-09 ·cited 2×
  Lanthe Calhoun sought habeas corpus discharge, challenging whether Florida law criminalized death caused by operating an automobile while intoxicated. The Florida Supreme Court held that such conduct remained a statutory crime despite the petitioner's argument that an intervening
• United States ex rel. Silver v. O'Brien
  138 F.2d 217· 7th Cir.· 1943-10-26 ·cited 2×
  The court held that the extradition documents submitted to the Governor of Texas met the requirements for a prima facie case of fugitivity, and the Governor of Illinois was satisfied that the appellant was a fugitive.
• Graf v. Mallon
  138 F.2d 230· 8th Cir.· 1943-10-11 ·cited 2×
  The court held that judicial review of Selective Service classifications is limited to determining if a fair opportunity to be heard was provided or if the decision was unsupported by substantial evidence.
• De Jordan v. Hudspeth
  137 F.2d 943· 10th Cir.· 1943-08-27 ·cited 2×
  The court held that the appeal from the denial of a motion for rehearing was not an appealable order, and the appellant had lost the right to appeal the original order by failing to appeal within the statutory period.
• Carrillo v. Squier
  137 F.2d 648· 9th Cir.· 1943-08-05 ·cited 2×
  The court held that a trial court's venue within a district is not a jurisdictional issue, and therefore, a sentence is not void if the crime was committed in a different division of the same district.
• Bowden v. City OF Fort Smith
  135 F.2d 981· 8th Cir.· 1943-06-09 ·cited 2×·via Writ Of Habeas Corpus
  The court held that the Supreme Court's decision rendered the current appeals moot, requiring reversal and dismissal.
• Sanford v. Runyon
  136 F.2d 54· 5th Cir.· 1943-06-04 ·cited 2×
  A parole violation occurring before the expiration of the 'short term' (maximum sentence less good time) forfeits good time and makes the prisoner liable to serve the full original sentence.
• Erickson v. Nathan Mayo as State Prison Custodian
  152 Fla. 635· Fla.· 1943-03-26 ·cited 2×
  The court held that the judgment was valid and sufficient, and the sentence was properly imposed under the applicable statute.
• Lewis v. King
  133 F.2d 195· 8th Cir.· 1942-12-28 ·cited 2×
  The court held that the petition for habeas corpus was improperly dismissed on a motion without sufficient factual basis in the record.