Habeas Corpus

18,780 Florida cases classified under this topic · sorted by citation count

• Hughes v. Mathews
  576 F.2d 1250· 7th Cir.· 1978-05-12 ·cited 40×
  A state cannot unconstitutionally relieve the prosecution of its burden to prove intent by using a conclusive presumption combined with an exclusionary rule for psychiatric evidence, nor can it arbitrarily bar a defendant from presenting relevant and competent psychiatric evidenc
• Evans v. Maggio
  557 F.2d 430· 5th Cir.· 1977-08-12 ·cited 40×
  The court held that the petitioners waived their claim of unconstitutional jury composition by failing to brief and argue the issue on direct appeal in state court, and they failed to demonstrate cause for this waiver or resulting prejudice.
• Nowell A. Brathwaite v. Manson
  527 F.2d 363· 2d Cir.· 1975-11-20 ·cited 40×
  The court held that the admission of an identification obtained through unnecessarily suggestive means, even if the witness had some opportunity to observe, violates due process and requires exclusion of the evidence.
• United States v. Neff
  525 F.2d 361· 8th Cir.· 1975-11-10 ·cited 40×
  The court's holding is not explicitly stated as this is a concurring opinion discussing a procedural rule.
• Knell v. Bensinger
  522 F.2d 720· 7th Cir.· 1975-09-26 ·cited 40×
  The court held that prison administrators are entitled to qualified immunity from damages if they acted with a reasonable good faith belief that their actions did not violate clearly established constitutional rights, even if those actions later proved to be unlawful.
• Harris v. Superior Court OF the State OF Cal. For the Cnty. OF LOS Angeles
  500 F.2d 1124· 9th Cir.· 1974-07-12 ·cited 40×
  A California Supreme Court 'postcard denial' of a habeas corpus petition, without citation or explicit statement of procedural grounds, satisfies the federal exhaustion requirement, as it indicates a decision on the merits.
• Nathaniel v. Estelle
  493 F.2d 794· 5th Cir.· 1974-05-03 ·cited 40×
  The court held that while the trial judge did not err in failing to conduct an independent inquiry into the defendant's competence to stand trial at the time, the defendant's petition raised sufficient doubt to warrant a post-conviction hearing on his actual competence in 1957.
• Soyka v. Alldredge
  481 F.2d 303· 3d Cir.· 1973-07-10 ·cited 40×
  A petition for credit toward a sentence for time spent in custody prior to sentencing is properly brought under 28 U.S.C. § 2241, not exclusively under § 2255, but must first exhaust administrative remedies.
• Mead v. Parker
  464 F.2d 1108· 9th Cir.· 1972-07-20 ·cited 40×
  The court held that the district court erred in dismissing the petition sua sponte, as it stated a claim for relief and the court possessed jurisdiction under the Mandamus Act and potentially habeas corpus.
• Phillips v. Neil
  452 F.2d 337· 6th Cir.· 1971-12-07 ·cited 40×
  The admission of psychiatric reports, written by unidentified authors and not subject to cross-examination, violated the defendant's Sixth Amendment right to confrontation, even if admissible under a state hearsay exception.
• Garcia-Guillern v. United States
  450 F.2d 1189· 5th Cir.· 1971-11-04 ·cited 40×
  The court affirmed the district court's dismissal of the habeas corpus petition, holding that the scope of review in extradition cases is limited and the appellant's arguments did not meet the criteria for relief.
• In re the Petition of Leslie Bacon for Writ of Habeas Corpus v. United States
  449 F.2d 933· 9th Cir.· 1971-09-30 ·cited 40×
  The court held that the power to arrest and detain material witnesses is fairly inferable from 18 U.S.C. § 3149 and Rule 46(b) of the Federal Rules of Criminal Procedure, and that a grand jury investigation constitutes a 'criminal proceeding' for the purposes of these provisions.
• Sinclair v. Turner
  447 F.2d 1158· 10th Cir.· 1971-09-10 ·cited 40×
  The court held that the trial court did not abuse its discretion in limiting cross-examination and that the petitioner waived her right against self-incrimination by testifying. The exclusion of jurors conscientiously opposed to the death penalty did not violate due process or fa
• Chalk v. Beto
  429 F.2d 225· 5th Cir.· 1970-07-06 ·cited 40×
  The court held that the petitioner was denied effective assistance of counsel and did not intelligently waive his right to a jury trial, warranting a new trial.
• Linton K. Mordecai, Jr. v. United States
  421 F.2d 1133· D.C. Cir.· 1969-10-07 ·cited 40×
  New legal standards regarding right to counsel and hearing at waiver proceedings are not retroactively applicable to a 1961 waiver determination.
• United States ex rel. Walter Weems, Jr. v. Follette
  414 F.2d 417· 2d Cir.· 1969-07-28 ·cited 40×
  The court held that a federal appellate court may, as a matter of discretion, decline to review constitutional claims on one count when concurrent sentences are imposed and the conviction on other counts is valid.
• Cotner v. United States
  409 F.2d 853· 10th Cir.· 1969-04-30 ·cited 40×
  The court held that an indigent mandatory releasee is not entitled to appointed counsel if they admit the violation and do not face discrimination, and that a local hearing is not required for admitted violators.
• Cappetta v. Louie L. Wainwright
  406 F.2d 1238· 5th Cir.· 1969-02-03 ·cited 40×
  The court held that federal habeas corpus jurisdiction extends to a prisoner attacking a prior sentence, even if expired, if that sentence is claimed to affect the duration of his current confinement.
• United States ex rel. William van Scoten v. Commonwealth of PA.
  404 F.2d 767· 3d Cir.· 1968-12-19 ·cited 40×
  A federal district court lacks territorial jurisdiction to issue a writ of habeas corpus if the petitioner is not within its territorial jurisdiction at the time the petition is filed.
• Rose v. Haskins
  388 F.2d 91· 6th Cir.· 1968-01-05 ·cited 40×
  The court held that the Parole Commission's revocation of parole without a hearing violates the parolee's due process rights.
• Dixon v. State
  388 F.2d 424· 5th Cir.· 1968-01-03 ·cited 40×
  The court held that an inordinate and unjustified delay by a state court in ruling on a post-conviction motion can render state remedies ineffective, thus permitting federal habeas corpus review.
• McGARRAH v. Dutton
  381 F.2d 161· 5th Cir.· 1967-07-26 ·cited 40×
  The court held that the record did not sufficiently demonstrate that the appellant was advised of his right to counsel or that he intelligently waived it.
• United States ex rel. Edwin W. Gockley v. Myers
  378 F.2d 398· 3d Cir.· 1967-05-15 ·cited 40×
• Augenblick v. The United States
  377 F.2d 586· Ct. Cl.· 1967-05-12 ·cited 40×
  The court held that it has jurisdiction to review military convictions for constitutional violations, even if the accused is not confined, and that the termination of the first court-martial did not constitute double jeopardy.
• Barry v. Sigler
  373 F.2d 835· 8th Cir.· 1967-03-16 ·cited 40×
  The court held that the appellant had not exhausted his state remedies because the state court had not yet ruled on the merits of his claim, and any delay was due to the appellant's own actions.
• Asa Hurrial Minor, Jr. v. United States
  375 F.2d 170· 8th Cir.· 1967-03-13 ·cited 40×
  The court held that a defendant who knowingly and intelligently waives the right to counsel and represents himself must accept the consequences of his actions, and errors not preserved below are not reviewable absent plain error.
• Brest v. Ciccone
  371 F.2d 981· 8th Cir.· 1967-02-08 ·cited 40×
  The court held that federal courts lack the power to review the United States Board of Parole's discretionary decisions regarding parole eligibility or denial.
• Brady Pamplin v. Mason
  364 F.2d 1· 5th Cir.· 1966-07-27 ·cited 40×
  The denial of a hearing on a motion for change of venue, due to community prejudice, violated the defendant's constitutional right to due process under the Fourteenth Amendment, even in a misdemeanor case.
• Robbins v. MacKENZIE
  364 F.2d 45· 1st Cir.· 1966-07-11 ·cited 40×
  The court held that the district court erred in granting habeas corpus, finding that the consent to enter the room was valid and not coerced, thus the subsequent search was lawful.
• Lattin v. COX
  355 F.2d 397· 10th Cir.· 1966-01-24 ·cited 40×
  The court held that a guilty plea, even if influenced by a prosecutor's agreement to dismiss charges, is voluntary if made with the advice of competent counsel and understanding of the consequences.
• Tolg v. Grimes
  355 F.2d 92· 5th Cir.· 1966-01-24 ·cited 40×
• United States ex rel. Salvatore D'Ambrosio v. Hon. Edward M. FAY
  349 F.2d 957· 2d Cir.· 1965-08-17 ·cited 40×
  The court held that the prosecutor's remarks did not constitute an unconstitutional comment on the defendant's silence, and the defendant received adequate notice and opportunity to be heard regarding his sentencing as a second offender.
• United States v. Ragen
  337 F.2d 425· 7th Cir.· 1964-09-30 ·cited 40×
  The court affirmed the dismissal of the habeas corpus petition for failure to obtain a certificate of probable cause and the dismissal of the Civil Rights Act complaints, finding no error in the district court's rulings.
• Hickock v. Crouse
  334 F.2d 95· 10th Cir.· 1964-07-01 ·cited 40×
  The court held that the petitioners were not denied their constitutional right to a fair trial, despite extensive pretrial publicity and the actions of their court-appointed attorneys, as their confessions were voluntary and their counsel provided adequate representation under th
• United States ex rel. Augustine Bagley v. Honorable J. E. LaVALLEE
  332 F.2d 890· 2d Cir.· 1964-06-11 ·cited 40×
  The court held that the petitioner must first exhaust his state remedies before seeking federal habeas corpus relief, as New York has provided a statutory procedure for challenging prior convictions used for sentence enhancement.
• United States ex rel. Thomas C. Cooper v. Reincke
  333 F.2d 608· 2d Cir.· 1964-06-05 ·cited 40×
  The court held that the absence of counsel at a Connecticut hearing in probable cause, where the defendant pleaded not guilty and waived examination, did not violate due process or require reversal of the conviction.
• DeTORO v. Pepersack
  332 F.2d 341· 4th Cir.· 1964-04-15 ·cited 40×
  The Sixth Amendment right to counsel does not extend to preliminary hearings in Maryland where no events occur that are likely to prejudice the defendant's subsequent trial.
• United States ex rel. Victor Linkletter v. Walker
  323 F.2d 11· 5th Cir.· 1963-09-12 ·cited 40×
  The dissenting judge believes the Mapp decision should be applied retroactively to post-conviction proceedings.
• Ashley v. The State OF Tex.
  319 F.2d 80· 5th Cir.· 1963-06-25 ·cited 40×
  The dissenting judge believes the majority opinion is incorrect in its assessment of the case.
• Jimenez v. Aristeguieta
  311 F.2d 547· 5th Cir.· 1962-12-12 ·cited 40×
  The court held that the district court correctly dismissed the habeas corpus petitions, affirming that the extradition proceedings were lawful and the appellant's detention was proper.
• Winfred Overholser v. Lynch
  288 F.2d 388· D.C. Cir.· 1961-01-26 ·cited 40×
  The dissent argues that the Municipal Court's commitment order was invalid because the defendant was not afforded a fair trial or a reasonable opportunity to rebut the government's evidence of insanity, and therefore, the defendant is entitled to release unless civil commitment p
• Blackburn v. Cochran
  114 So. 2d 684· Fla.· 1959-10-21 ·cited 40×
  The Florida Supreme Court vacated judgments and sentences against a petitioner convicted while legally insane. The court remanded the petitioner for further proceedings consistent with statutes regarding insanity at the time of conviction.
• Rhoades v. Bohn
  114 So. 2d 493· Fla. 1st DCA· 1959-09-08 ·cited 40×
  A mother sought to regain custody of her child via habeas corpus in Florida after a Wisconsin court modified a divorce decree to award custody to the father, but the Florida court dismissed her petition.
• LEE v. Madigan
  358 U.S. 228· U.S.· 1959-01-12 ·cited 40×
  The Court holds that the United States was 'in time of peace' on June 10, 1949, rendering the court-martial without statutory jurisdiction.
• Anderson v. Heinze
  258 F.2d 479· 9th Cir.· 1958-06-19 ·cited 40×
  The court held that due process does not require the appointment of counsel for a state prisoner seeking to appeal in forma pauperis from a denial of habeas corpus when the issues raised are not plainly frivolous and have been previously litigated.
• Cranor v. Gonzales
  226 F.2d 83· 9th Cir.· 1955-08-22 ·cited 40×
  A federal district court has the authority to hold hearings and make independent factual determinations in a habeas corpus proceeding, even if the issue was previously litigated in state court, particularly when the claim involves physical coercion rendering a confession involunt
• United States ex rel. Santo Caminito v. Murphy
  222 F.2d 698· 2d Cir.· 1955-05-11 ·cited 40×
  Confessions obtained through prolonged interrogation, incommunicado detention, and deceptive tactics are inadmissible as violating due process.
• Pino v. Nicolls (two cases)
  215 F.2d 237· 1st Cir.· 1954-08-02 ·cited 40×
  The court held that a Massachusetts petty larceny conviction, even with a suspended sentence and case placed on file, constitutes a 'conviction' for deportation purposes under the Immigration and Nationality Act.
• Perry v. Mayo
  72 So. 2d 382· Fla.· 1954-05-04 ·cited 40×
  The Florida Supreme Court invalidated Irvin Perry's life sentence as a habitual (fourth) offender because two of the four convictions required occurred on the same day. However, the Court remanded for resentencing as a second offender, holding that the temporal gap between convic
• State ex rel. Kimbro v. Starr
  65 So. 2d 67· Fla.· 1953-05-15 ·cited 40×
  In this extradition habeas corpus case, the Florida Supreme Court affirmed the lower court's remand of appellants to custody pending extradition to Alabama to face assault charges. The court held that when evidence regarding the defendant's presence in the demanding state is in d