Habeas Corpus

18,793 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

• Carmical v. Craven
  547 F.2d 1380· 9th Cir.· 1977-02-16
  The court held that the petitioners failed to make a prima facie showing that the jury selection test resulted in unconstitutional discrimination based on race or financial condition.
• Roznovsky v. Estelle
  546 F.2d 1185· 5th Cir.· 1977-02-10
  The court held that the trial court did not err in allowing witnesses to assert their Fifth Amendment privilege against self-incrimination, nor did prosecutorial misconduct rise to a constitutional violation.
• Arndell v. Warden, Nev. State Prison
  549 F.2d 1284· 9th Cir.· 1977-01-31
  The court held that the district court correctly denied the petition for a writ of habeas corpus because the appellant failed to establish any exceptions to the presumption of correctness for state court findings under 28 U.S.C. § 2254(d).
• Davis v. Benny Fisher
  546 F.2d 66· 5th Cir.· 1977-01-26
  The court held that a prisoner's pro se claim of unpaid labor sufficiently states a constitutional claim, while denial of counsel requires habeas corpus and exhaustion of state remedies.
• Dolack v. Allenbrand
  548 F.2d 891· 10th Cir.· 1977-01-24
  Federal courts should not interfere with ongoing state criminal prosecutions absent 'special circumstances' due to principles of comity and respect for state functions.
• Jones v. Taylor
  547 F.2d 808· 4th Cir.· 1977-01-17
  The court held that the petitioner was not denied effective assistance of counsel because the alleged exculpatory testimony of a witness would not have provided a defense, and the petitioner had previously stated he had no other witnesses to call.
• Davis v. State OF Ala.
  545 F.2d 460· 5th Cir.· 1977-01-14
  The court held that the denial of the motion for a continuance raised a substantial claim of ineffective assistance of counsel requiring an evidentiary hearing, but the denial of the motion for a mental examination did not violate federal constitutional rights regarding competenc
• Baker v. Wyrick
  547 F.2d 428· 8th Cir.· 1977-01-10
  The court affirmed the district court's dismissal of the habeas corpus petition, finding that the appellant had not properly exhausted state remedies for his jury selection claim.
• Walters v. Hon. C. Archie Clement
  544 F.2d 1340· 5th Cir.· 1977-01-10
  The court held that a petition for habeas corpus is an unsatisfactory method to challenge a statute's facial constitutionality, especially when the state supreme court has already provided a narrowed construction.
• United States ex rel. James Ellis Foye v. State OF NEW Jersey & Ronald Groomes
  547 F.2d 217· 3d Cir.· 1977-01-05 ·via Habeas Corpus Relief
  The court held that the district court did not err in placing the burden of proof on the habeas petitioner and that the petitioner's confession was voluntary and not tainted by any alleged Miranda violations.
• Jenkins v. Wainwright
  45 Fla. Supp. 185· Fla. Cir. Ct.· 1977-01-04
  The court held that a prisoner is entitled to credit for time spent incarcerated in another state under an executive agreement if the original commitment order did not suspend the sentence.
• Bodeker v. Dyson
  544 F.2d 861· 5th Cir.· 1977-01-03 ·via Habeas Corpus Relief
  The court held that a claim for damages under 42 U.S.C. § 1983 for an allegedly illegal search, even if parole revocation was lawful, states a valid cause of action.
• Meeks v. Jago
  548 F.2d 134· 6th Cir.· 1976-12-30
  The Sixth Circuit affirmed the district court's denial of habeas corpus, finding that the appellant had not exhausted state remedies for most claims and that the remaining claims did not present substantial constitutional questions.
• State of Fla. ex rel. Laurel Budness v. Conness
  341 So. 2d 1007· Fla. 4th DCA· 1976-12-24 ·via Writ Of Habeas Corpus
  A Florida municipal court convicted a defendant of 48 parking violations and imposed fines. When the defendant did not pay the fines, the court held her in contempt. The defendant sought habeas corpus relief claiming the ordinance was void, but the circuit court discharged the wr
• Duward X. Williams v. State OF Ohio
  547 F.2d 40· 6th Cir.· 1976-12-21
  Federal habeas corpus relief is unavailable for Fourth Amendment search and seizure claims when the state has provided a full and fair opportunity to litigate them. Statements made by the petitioner were not obtained in violation of Miranda.
• In re the Adoption OF Eric Tyrone Lewis v. Malcom Currie and Annie Currie
  340 So. 2d 126· Fla. 1st DCA· 1976-12-15
  The Florida District Court of Appeal reversed an adoption judgment where the trial court found the natural father had abandoned his five-year-old son. The court held that the father's conduct—including consistent child support, regular communication and gifts, and diligent effort
• Miles v. Warden Robert Parratt
  543 F.2d 638· 8th Cir.· 1976-11-03 ·via Writ Of Habeas Corpus
• Miles v. The State of Fla. & the Honorable Ruhin O'D. Askew
  339 So. 2d 246· Fla. 3d DCA· 1976-11-02
  William E. Miles appealed the denial of his habeas corpus petition challenging a Governor's warrant for his extradition to California on perjury charges. The Florida appellate court affirmed the denial, finding the extradition warrant and supporting documents sufficiently charged
• Bud Dallas Horton, Jr. v. State OF Ala.
  540 F.2d 208· 5th Cir.· 1976-10-07 ·via Habeas Corpus Relief
  The court held that federal habeas corpus relief requires exhaustion of state remedies, and claims not presented to state courts must be dismissed without prejudice.
• Wayman v. Ciccone
  541 F.2d 189· 8th Cir.· 1976-08-20
  The court held that the Board of Parole did not err in denying parole, as the petitioner failed to present a substantial due process challenge.
• Brown v. Estelle
  536 F.2d 1037· 5th Cir.· 1976-08-09
  The court held that a factual determination on compulsion is essential for a constitutional violation claim regarding trial in prison apparel.
• Tyler v. Wyrick
  540 F.2d 921· 8th Cir.· 1976-08-09
  The court held that the petitioner's claims are frivolous, thus denying his request for appointed counsel and dismissing the appeal.
• United States ex rel. Arthur Moore v. Fike
  538 F.2d 1301· 7th Cir.· 1976-08-03
  A defendant's right to present evidence in mitigation of sentencing can be waived by competent counsel, and such waiver does not constitute ineffective assistance of counsel.
• Collins v. Egeler
  539 F.2d 597· 6th Cir.· 1976-07-27
  The denial of a change of venue did not violate due process, as the petitioner was tried by a fair and impartial jury despite pretrial publicity.
• Gilbert v. Ward E. Murphy
  536 F.2d 1023· 1st Cir.· 1976-07-23
  The court held that the petitioner has not exhausted available state remedies and that pursuing those remedies is not futile.
• Carroll v. Agatha Ann Carroll
  336 So. 2d 130· Fla. 1st DCA· 1976-07-20
  Father appeals a post-decree order continuing custody of the youngest child with the maternal grandmother and awarding the mother $300 in attorney's fees. The court affirmed the custody determination but reversed the attorney's fee award, finding no material change in circumstanc
• Lewis v. Lockhart
  538 F.2d 798· 8th Cir.· 1976-07-14 ·via Habeas Corpus Relief
  The court affirmed the denial of the petition for habeas relief, finding no error in the state court proceedings.
• Charlebois v. Wainwright
  44 Fla. Supp. 187· Union Cty. Cir. Ct.· 1976-07-13
  The court held that a prisoner must be afforded a hearing to contest an escape allegation if the state entered a nolle prosequi on the escape charge.
• Lenon L. Stevens v. Warden, U. S. Penitentiary, Leavenworth, Kansas
  536 F.2d 1334· 10th Cir.· 1976-06-24
  A serviceman committing a crime in a foreign country while on active duty is subject to court-martial jurisdiction if the crime is service-connected.
• Hayes v. Cowan
  535 F.2d 351· 6th Cir.· 1976-05-14
  The court held that even if the lineup procedure was constitutionally deficient, the conviction was valid due to ample basis for independent identification and the error was harmless beyond a reasonable doubt.
• Sheppard v. Hutto
  535 F.2d 449· 8th Cir.· 1976-05-11
  The court held that the district court's findings regarding ineffective assistance of counsel, violation of confrontation rights, and self-incrimination were correct, affirming the denial of the habeas corpus application.
• Ivory v. Louie L. Wainwright
  530 F.2d 1272· 5th Cir.· 1976-05-03
• Aschmeller v. State OF S.D.
  534 F.2d 830· 8th Cir.· 1976-04-28
  The court held that the state is only constitutionally required to introduce substantial independent evidence tending to establish the trustworthiness of a confession, not to corroborate every element of the offense.
• First Lieutenant Stephen H. LaFRANCHI v. Honorable Robert C. Seamans, Jr.
  536 F.2d 1259· 9th Cir.· 1976-04-19
  The court held that the reasons cited for denying the conscientious objector discharge were insufficient and not supported by the record.
• Thompson v. Louie L. Wainwright
  328 So. 2d 487· Fla. 1st DCA· 1976-03-19
  Thompson challenges a trial court's denial of habeas corpus, seeking to prevent the Department of Offender Rehabilitation from applying post-conviction supervision restrictions when he becomes eligible for release. The court affirms, holding that habeas corpus is not available to
• Berkley v. Benson
  531 F.2d 837· 7th Cir.· 1976-03-16
  The court held that the petitioner's claims were moot due to his release and that prior decisions requiring reasons for parole denial were not retroactive to his case.
• McKISSICK v. Bridges
  528 F.2d 506· 5th Cir.· 1976-03-11
  The court held that the investigatory stop, subsequent arrest, and search of the vehicle were justified by sufficient evidence and exigent circumstances.
• Founts v. Pogue
  532 F.2d 1232· 9th Cir.· 1976-02-20
  The court should hold that petitioner did not receive adequate assistance of counsel in the state post-conviction hearing.
• United States ex rel. Mark Frasier v. Casscles
  531 F.2d 645· 2d Cir.· 1976-02-18
  The court held that the denial of youthful offender treatment did not violate due process, as the state court had discretion and no full adversary hearing was constitutionally required.
• Dinkins v. State OF Ala.
  526 F.2d 1268· 5th Cir.· 1976-02-13
  The court held that there was no arguable merit to the appeal and affirmed the district court's denial of habeas corpus relief.
• State of Fla. ex rel. Fla. Parole & Prob. Comm'n v. Janies William LEE
  327 So. 2d 197· Fla.· 1976-02-11
  The Florida Supreme Court reversed a trial court's declaration that statutes governing parole and probation revocation proceedings were unconstitutional, holding that the Court had already upheld these statutes' constitutionality in prior cases and no new issues were presented.
• Akins v. Hamlin
  327 So. 2d 59· Fla. 1st DCA· 1976-02-03
  Akins challenges his arrest in Georgia by Florida officers who brought him back to Florida without extradition proceedings to face charges for resisting arrest with violence. The court holds that the manner of an accused's arrest and return to jurisdiction does not affect a court
• Smith v. Hogan
  525 F.2d 1198· 5th Cir.· 1976-01-15
  The court held that the petitioner's six-year sentence for bank robbery was properly enforced as consecutive to a prior one-year sentence, and concurrent only with any parole violation sentence.
• Moffit v. Collier
  43 Fla. Supp. 157· Okeechobee Cty. Cir. Ct.· 1976-01-13
  Circuit court granted habeas corpus petition and discharged petitioners, holding that the female breast is not a sexual organ under Florida's indecent exposure statute.
• Wilson v. State of Fla. ex rel. Robert Tarter
  325 So. 2d 51· Fla. 4th DCA· 1976-01-09
  In an extradition proceeding under the Uniform Interstate Extradition Act, the appellate court reversed a trial court's discharge of a defendant, holding that Florida's Governor's rendition warrant and attached papers sufficiently complied with statutory requirements and establis
• Tyler v. Swenson
  527 F.2d 876· 8th Cir.· 1976-01-06
  The court held that a state prisoner is not entitled to habeas corpus relief based on allegedly invalid prior convictions if the sentencing court did not rely on those convictions.
• Walker v. Estelle
  525 F.2d 648· 5th Cir.· 1976-01-02
  The court affirmed the dismissal of some claims but remanded others for a determination of state remedy exhaustion.
• Arlice Huffman v. Estelle
  524 F.2d 926· 5th Cir.· 1975-12-12
  The court held that the district court misapprehended the issue by focusing on the enhancement statute when the claim was about the introduction of an invalid prior conviction during the punishment phase of a bifurcated trial. The court vacated and remanded for further proceeding
• Trevino v. State OF Ariz. & Harold Cardwell
  527 F.2d 439· 9th Cir.· 1975-12-04
  The court held that the district court's finding that the guilty plea was voluntary and not motivated by parole eligibility was not clearly erroneous.
• Resendez v. Garrison
  528 F.2d 1310· 4th Cir.· 1975-12-03
  A rational decision not to appeal, made to avoid the risk of a harsher sentence (like the death penalty) upon retrial, does not constitute a deliberate bypass of state remedies that would preclude federal habeas corpus review.