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

• Astley Tucker v. Diodato
  321 So. 2d 569· Fla. 4th DCA· 1975-11-14
• Pvt. 1st Cl. David D. Harris v. Schlesinger
  526 F.2d 467· 9th Cir.· 1975-11-12
  The court held that the petitioner's conscientious objector application should be judged under the prior regulation's burden of proof standard, not the revised one, due to fairness and retroactivity concerns.
• Kimmons v. State
  322 So. 2d 38· Fla. 1st DCA· 1975-11-05
• United States ex rel. Larry Julius Gibbs v. Vincent
  524 F.2d 634· 2d Cir.· 1975-10-29
  The court held that the identification procedures used did not violate the defendant's constitutional rights to due process of law, as the totality of circumstances did not create a substantial likelihood of irreparable misidentification.
• Dorsey v. Warden, S. Mich. State Prison
  523 F.2d 590· 6th Cir.· 1975-10-17
  The Sixth Circuit held that the petitioner's confrontation clause rights were not violated, but remanded for an evidentiary hearing on due process claims regarding an impartial judge and suppression of evidence.
• Kennedy v. Sandstrom
  43 Fla. Supp. 68· Dade Cty. Cir. Ct.· 1975-10-03
  In a habeas corpus proceeding, the court found that Kennedy's two reckless driving convictions arising from a single episode violated double jeopardy protections, and that assessing court costs against an indigent defendant violated Florida law. The court vacated one reckless dri
• Morgan v. Yancy Cnty. Dep't OF Corr. & State of N.C.
  527 F.2d 1004· 4th Cir.· 1975-10-02
  There is no constitutional right to appointed counsel for discretionary appeals, and the jury selection challenge is not retroactively applicable.
• Autar Edward Nauton v. Craven
  521 F.2d 876· 9th Cir.· 1975-09-10
  The court held that the petitioner had sufficiently exhausted state remedies, excusing the requirement due to futility, and vacated the district court's dismissal.
• Baldwin v. Major General Reginald M. Cram
  522 F.2d 910· 2d Cir.· 1975-09-10
  A service member who is absent without leave cannot compel the Army to process a discharge under AR 635-212 because their absence prevents the required evaluations.
• Blackmon v. Estelle
  517 F.2d 1041· 5th Cir.· 1975-08-20
  The court held that conflicting affidavits regarding the defendant's waiver of appeal rights necessitate an evidentiary hearing.
• United States ex rel. William Putmon v. Henderson
  525 F.2d 683· 2d Cir.· 1975-08-19
  The court held that the district court's finding of competency to plead guilty was supported by ample evidence, despite the passage of time.
• Dewitt Addison v. Louie L. Wainwright
  316 So. 2d 603· Fla. 1st DCA· 1975-08-18 ·via Writ Of Habeas Corpus
  Dewitt Addison petitioned for habeas corpus seeking a belated appeal of his 1962 first-degree murder conviction and life sentence, arguing he was not properly advised of his right to appeal. The Florida appellate court denied the petition, holding that the right to belated appeal
• Braden v. Capps
  517 F.2d 221· 5th Cir.· 1975-08-08 ·via Writ Of Habeas Corpus
  The court held that a prisoner cannot claim denial of speedy trial for delays caused by his own actions in seeking to prevent or delay trial.
• Bowman v. Bordenkircher
  522 F.2d 209· 4th Cir.· 1975-08-04
  The court held that the district court's denial of habeas corpus relief was proper, as the magistrate's report and recommendation did not constitute an unconstitutional delegation of judicial power and the district judge conducted an adequate review.
• Burgett v. State OF Ala.
  516 F.2d 524· 5th Cir.· 1975-07-25
  The court held that the record was insufficient to determine if the petitioner waived counsel or was wrongly denied appointed counsel due to a finding of non-indigency.
• Hopkins v. Schlesinger
  515 F.2d 1224· 5th Cir.· 1975-07-18
  The court held that there was a basis in fact for the Army's determination that the petitioner's conscientious objector beliefs were not sincerely held.
• Ghiz v. Bordenkircher
  519 F.2d 759· 4th Cir.· 1975-07-17 ·via Federal Habeas Corpus
  The Court of Appeals held that despite potentially suggestive pretrial identification procedures, the victim's identification of the defendant was reliable under the totality of the circumstances and therefore did not violate due process.
• United States ex rel. Thomas Mungo v. LaVALLEE
  522 F.2d 211· 2d Cir.· 1975-07-15
  The court held that the arrest and search were conducted without probable cause, violating the Fourth and Fourteenth Amendments, and thus the evidence obtained should have been suppressed.
• Lieutenant John H. Riddle v. Honorable John W. Warner
  522 F.2d 882· 9th Cir.· 1975-07-10
  The court held that a military JAG officer's acceptance of a state notary public commission does not trigger the automatic termination provisions of 10 U.S.C. § 973(b).
• State v. Balint Papp
  316 So. 2d 546· Fla.· 1975-07-09
  The court held that it permanently lost jurisdiction of the proceeding upon expiration of the period for rehearing and therefore cannot authorize further review.
• Kirby J. Hensley v. Mun. Court
  518 F.2d 883· 9th Cir.· 1975-07-03
  The court held that reopening a case and proceeding to trial in the defendant's absence after an indefinite stay violated his due process rights.
• Peterson v. Captain Warren Goodwin
  512 F.2d 479· 5th Cir.· 1975-05-05
  The court held that a court-martial has jurisdiction over an off-post sale of heroin between servicemen, as it is sufficiently service-connected to the functioning of the armed forces.
• COX v. Estelle
  512 F.2d 423· 5th Cir.· 1975-05-01
  The court held that the district court erred in granting the petition for writ of habeas corpus because the grounds were foreclosed by a prior en banc decision regarding the retroactivity of Morrissey v. Brewer.
• Fulford v. State
  311 So. 2d 203· Fla. 3d DCA· 1975-04-15
  The court held that the grounds raised in the motion to vacate judgment and sentence were properly presentable on direct appeal, and thus the trial judge properly denied the motion.
• GEE v. Dir., Patuxent Inst.
  513 F.2d 814· 4th Cir.· 1975-04-14
  The court held that the petitioner had exhausted his state remedies because the state post-conviction procedure act would not entertain his claims.
• Sharretts v. Louie L. Wainwright
  312 So. 2d 193· Fla.· 1975-04-09
  Edward Sharretts petitioned for habeas corpus relief seeking reinstatement of statutory gain-time forfeited upon parole revocation and credit for time served on parole. The Florida Supreme Court denied relief, holding that Florida law permits forfeiture of pre-release gain-time u
• Jenkins v. Atkins
  515 F.2d 1078· 10th Cir.· 1975-04-03
  A federal court may grant habeas corpus relief without requiring a petitioner to resubmit an issue to state courts if the issue has been previously presented and rejected, even if the state court did not fully address the merits.
• Gazil v. Heidtman
  309 So. 2d 574· Fla. 4th DCA· 1975-03-14 ·via Writ Of Habeas Corpus
  Joseph Gazil petitioned for a writ of habeas corpus challenging a contempt order from the Palm Beach County Circuit Court, claiming he was unlawfully detained for failing to comply with a support payment order. The Florida District Court of Appeal denied the petition, holding tha
• Sheptin v. State
  308 So. 2d 557· Fla. 3d DCA· 1975-02-25 ·via Writ Of Habeas Corpus
• van Horn v. United States
  508 F.2d 666· 5th Cir.· 1975-02-20
  The court held that the denial of the appellant's motions for a new trial and consolidated § 2255 motion was proper, as his arguments regarding evidence suppression and newly discovered evidence lacked merit.
• Eston Bullard, Jr. v. Louie Wainwright
  313 So. 2d 653· Fla.· 1975-02-19
  The Supreme Court held that it lacked jurisdiction to review the District Court of Appeal's denial of a writ of habeas corpus because the appellate court did not certify the issue as one of great public interest.
• Sloan v. Nelson
  512 F.2d 596· 9th Cir.· 1975-02-13
  The court held that the prisoner's due process rights were not violated because the rescission of his parole date complied with the constitutional standards in effect at the time of the hearing, even if those standards were later superseded by stricter ones.
• Isidro Prieto Velez v. Martinez
  510 F.2d 605· 1st Cir.· 1975-02-10
  Federal courts lack jurisdiction over claims alleging only violations of a state constitution, even if brought via a federal habeas petition.
• Jess Cancino v. Craven
  511 F.2d 1371· 9th Cir.· 1975-02-06
  The court held that the appeal was moot because the attorney paid the fine and did not seek a stay, rendering the underlying contempt issue resolved.
• Papaioannou v. Commanding Officer
  509 F.2d 692· 1st Cir.· 1975-01-29
  The court held that mandamus is a proper action to test the validity of an activation order, and the case should be remanded for a determination of compliance with Army Regulation 135-91.
• Burke v. The United States & the United States Army
  509 F.2d 1227· 7th Cir.· 1975-01-16
  The court held that a registrant's disagreement with Army doctors' medical findings, unsupported by allegations of misapplied regulations or misinterpreted legal terms, does not warrant judicial review of the discretionary medical judgment.
• Taylor v. Estelle
  506 F.2d 326· 5th Cir.· 1975-01-13
  The court held that the victim's in-court identification was impermissibly suggestive, violating due process, and thus the conviction must be set aside.
• Willard v. Ciccone
  507 F.2d 1· 8th Cir.· 1974-12-04
  The court affirmed the district court's denial of habeas corpus relief, finding claims moot or without merit based on intervening Supreme Court decisions and prison actions.
• Tooley v. Rose
  507 F.2d 413· 6th Cir.· 1974-12-04
  The court held that the case must be remanded to determine if counsel's failure to raise the insanity defense violated the standard for effective assistance of counsel.
• Brown v. Louie L. Wainwright
  303 So. 2d 689· Fla. 2d DCA· 1974-11-27 ·via Writ Of Habeas Corpus
  The court held that the writ of habeas corpus was improvidently issued because the parole revocation hearing predated the Supreme Court's decision in Gagnon v. Scarpelli, which was given only prospective application.
• Conrad v. Schlesinger
  507 F.2d 867· 9th Cir.· 1974-11-25 ·via Writ Of Habeas Corpus
  The court affirmed the district court's decision, holding that a wrongful denial of a conscientious objector application does not excuse a service member from punishment for military offenses.
• Faught v. Cowan
  507 F.2d 273· 6th Cir.· 1974-11-25
  The court held that the district court's finding that the petitioner was advised of his right to appeal was not clearly erroneous, and thus affirmed the dismissal of the habeas corpus petition.
• Whited v. Wolff
  506 F.2d 1239· 8th Cir.· 1974-11-22
  The court held that the appellant's claims of due process deprivation were without merit, affirming the dismissal of his habeas corpus petition.
• Emilio Martinez v. State
  302 So. 2d 794· Fla. 3d DCA· 1974-10-29
  Martinez appeals his conviction following guilty pleas to multiple felonies, arguing his pleas were not freely and voluntarily given and that he lacked capacity to understand the proceedings. The Florida District Court of Appeal affirmed, holding that the trial court colloquy dem
• Duncan v. State OF Ala.
  502 F.2d 571· 5th Cir.· 1974-10-10
  Time served on death row pending appeal must be credited towards the ten-year minimum for parole consideration on a subsequent life sentence.
• Lantz v. Seamans
  504 F.2d 423· 2d Cir.· 1974-10-08
  The court held that the district court had jurisdiction over the habeas corpus petition because New York was the proper forum, despite the petitioner's custodian being located elsewhere.
• Wood v. Superintendent, Carolina Correctional Unit
  504 F.2d 1068· 4th Cir.· 1974-10-03
  The court held that the petitioner's claims of prejudicial pre-trial publicity and ineffective assistance of counsel lacked merit.
• Wood v. Superintendent, Carolina Correctional Unit
  504 F.2d 1069· 4th Cir.· 1974-10-03
  The court held that the state courts should have the initial opportunity to rule on the applicability of Argersinger v. Hamlin to the petitioner's case, given recent Supreme Court precedent.
• State of Fla. ex rel. Ernest P. Murphy v. Ira Partin
  301 So. 2d 1· Fla.· 1974-09-11
  The dissenting justice would affirm the circuit court's holding that Section 949.10, Florida Statutes, is unconstitutional as applied to a parolee denied bail pending a revocation hearing.
• Hunter v. Louie L. Wainwright
  499 F.2d 340· 5th Cir.· 1974-08-23
  The court held that the district court erred in shifting the burden of proof regarding prejudice from the state to the appellant and in failing to consider the factual voluntariness of the guilty plea.