Habeas Corpus

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

• Pitts v. State OF N.C.
  395 F.2d 182· 4th Cir.· 1968-04-01 ·cited 36×
  The court held that extreme delay in bringing a defendant to trial, particularly when the defendant was incarcerated elsewhere and the state made no effort to secure him, violates the Sixth Amendment right to a speedy trial.
• Gale H. Johnson v. Bennett
  386 F.2d 677· 8th Cir.· 1967-11-28 ·cited 36×
  The court held that the defendant's conviction was not tainted by the knowing use of perjured testimony, suppression of evidence, or an erroneous alibi instruction, and thus affirmed the denial of habeas corpus relief.
• Brown v. Hon. Robert S. McNAMARA
  387 F.2d 150· 3d Cir.· 1967-11-24 ·cited 36×
• Davis v. The Honorable James H. Davis
  361 F.2d 770· 5th Cir.· 1966-05-31 ·cited 36×
  The court held that the systematic exclusion of Negroes from jury service, evidenced by the jury commissioners' failure to familiarize themselves with qualified Negro jurors, rendered the grand and petit jury selection processes unconstitutional. The court also found that the adm
• Smoake v. Willingham
  359 F.2d 386· 10th Cir.· 1966-04-07 ·cited 36×
  The court held that a federal prisoner must exhaust administrative remedies before seeking habeas corpus relief for the forfeiture of good time, and that judicial review is limited to instances of arbitrary or capricious action by prison authorities.
• Smith v. State OF Kan.
  356 F.2d 654· 10th Cir.· 1966-02-07 ·cited 36×
  The court held that inordinate delay in adjudicating a state post-conviction remedy can constitute a denial of due process, entitling a petitioner to federal habeas corpus relief.
• United States ex rel. Carl G. Gerchman v. Mahoney
  355 F.2d 302· 3d Cir.· 1966-01-11 ·cited 36×
• United States ex rel. James Glenn v. Hon. Daniel McMANN
  349 F.2d 1018· 2d Cir.· 1965-08-26 ·cited 36×
  A voluntary guilty plea, entered on advice of counsel, waives all non-jurisdictional defects in prior proceedings.
• Colliflower v. Garland
  342 F.2d 369· 9th Cir.· 1965-02-04 ·cited 36×
  The district court erred in quashing the writ of habeas corpus, as federal courts do have jurisdiction to inquire into the legality of imprisonment by tribal courts.
• Kistner v. United States
  332 F.2d 978· 8th Cir.· 1964-06-11 ·cited 36×
  The court held that the defendant's convictions under separate statutes for the same stock transaction did not violate the Double Jeopardy Clause because each statute required proof of different facts.
• Harris v. Settle
  322 F.2d 908· 8th Cir.· 1963-10-03 ·cited 36×
  The court held that the district court properly denied the petition for a writ of habeas corpus because the allegations did not rise to the level of cruel and unusual punishment.
• Ishmael Washington v. Mayo
  91 So. 2d 621· Fla.· 1956-12-19 ·cited 36×
  The court held that the sequential imposition of a life sentence after a shorter sentence, under the Habitual Criminal Act, was technically harmless error and did not invalidate the life sentence. The life sentence is deemed to have begun on the date of its imposition for credit
• Petition for Writ of Habeas Corpus for Walter J. Sawyer. Walter J. Sawyer v. Barczak
  229 F.2d 805· 7th Cir.· 1956-01-12 ·cited 36×
  The court held that the exclusion of attorney-client communication offered to show a crime was error, but it was not prejudicial because the testimony was cumulative and did not prove the prosecutor's knowledge of perjury. The court also held that the petitioner was not denied a
• Schiffman v. Wilkinson
  216 F.2d 589· 9th Cir.· 1954-11-03 ·cited 36×
  The court held that the amended statute did not invalidate the parole board's warrant for retaking a prisoner who violated his conditional release before the statutory minimum term expired.
• Oughton v. United States
  215 F.2d 578· 9th Cir.· 1954-09-07 ·cited 36×
  The court held that a prisoner seeking relief under 28 U.S.C. § 2255 must claim the right to be released from custody.
• Madsen v. Kinsella
  343 U.S. 341· U.S.· 1952-04-28 ·cited 36×
  A United States Court of the Allied High Commission for Germany had jurisdiction in 1950 to try a civilian dependent wife of a US servicemember for murder committed in occupied Germany.
• Stewart v. Overholser
  186 F.2d 339· D.C. Cir.· 1950-11-09 ·cited 36×
  The court held that a substantial passage of time (twenty months) since a prior determination of mental incompetency, coupled with continued institutionalization, presents a new factual issue of present sanity, requiring a hearing on a habeas corpus petition.
• Merritt v. Hunter
  170 F.2d 739· 10th Cir.· 1948-11-05 ·cited 36×
  The court held that a defendant's arraignment can be waived, and failure to personally enter a plea does not deprive the court of jurisdiction if represented by counsel and understanding the charge.
• Rawls v. United States
  166 F.2d 532· 10th Cir.· 1948-02-28 ·cited 36×
  A defendant cannot complain if a sovereign court exercises jurisdiction over him, even if it interferes with the other sovereign's prior custody under the rule of comity, as comity grants rights only to the offended sovereign, not the defendant.
• Maye v. Pescor
  162 F.2d 641· 8th Cir.· 1947-08-01 ·cited 36×
  The court held that the appellant failed to meet his burden of proof in his habeas corpus petition, and the trial court's findings were supported by the evidence.
• Carter v. United States
  135 F.2d 858· 5th Cir.· 1943-04-12 ·cited 36×
  The dissenting judge believes the conviction for criminal contempt cannot stand because the order disobeyed was void for lack of jurisdiction, and thus not a lawful order.
• Estabrook v. King
  119 F.2d 607· 8th Cir.· 1941-05-06 ·cited 36×
  The court held that the district court properly denied the petitioner's habeas corpus applications, affirming the denial of release from the hospital for defective delinquents.
• Ex Parte: Chester White
  131 Fla. 83· Fla.· 1938-01-25 ·cited 36×
  Chester White petitioned for habeas corpus challenging his death sentence for murder in the first degree, arguing that a 1935 Florida statute (Chapter 16810) mandating automatic commutation of death sentences when the Supreme Court is equally divided on appeal was unconstitutiona
• Skipper v. Doyle Schumacker
  118 Fla. 867· Fla.· 1933-03-23 ·cited 36×
  C. A. Skipper petitioned for habeas corpus challenging his conviction and three-year prison sentence under a Florida embezzlement statute, arguing the statute was void for vagueness and violated due process. The Florida Supreme Court affirmed the Circuit Court's denial of habeas
• Levy v. Stone
  97 Fla. 458· Fla.· 1929-04-03 ·cited 36×
  A. Levy challenged the validity of a DeLand city ordinance restricting auction sales of jewelry and precious items to daylight hours, arguing it violated his right to conduct business. The Florida Supreme Court upheld the ordinance as a reasonable regulation of auctioneers under
• Abe Washington v. State
  95 Fla. 289· Fla.· 1928-02-17 ·cited 36×
  Abe Washington, a Black man convicted of murder and sentenced to death, sought a writ of error coram nobis alleging that the jury summoning officer deliberately excluded Black jurors from his trial based on race. The Florida Supreme Court held that while racial discrimination in
• United States v. Shipp
  214 U.S. 386· U.S.· 1909-05-24 ·cited 36×
  The Supreme Court held that Sheriff Joseph F. Shipp and several associates were in contempt of court for their failure to prevent the mob lynching of Ed Johnson on March 19, 1906, despite having received notice that the Court had stayed Johnson's execution and ordered him retaine
• Peters v. State
  128 So. 3d 832· Fla. 4th DCA· 2013-11-20 ·cited 35×
  Keith Peters, convicted as a juvenile for multiple armed robberies and sentenced to 99 years imprisonment, challenges his sentence on appeal. The court reverses and remands for resentencing, finding that Florida's sentencing statutes create an unconstitutional anomaly under the E
• Hedgpeth v. Pulido
  555 U.S. 57· U.S.· 2008-12-02 ·cited 35×
  A jury instruction error allowing conviction on an invalid theory is not structural error and is subject to harmless-error review under the Brecht standard.
• Dowdy v. Singletary
  704 So. 2d 1052· Fla.· 1998-01-08 ·cited 35×
  The court held that prior decisions precluding gain time forfeiture for probation violations do not apply when the legislature has subsequently enacted statutes authorizing such forfeiture for violations of control release or other supervision programs.
• Blankenship v. Dugger
  521 So. 2d 1097· Fla.· 1988-03-10 ·cited 35×
  A state prisoner convicted of sexual battery seeks habeas corpus relief, challenging section 944.276's exclusion of certain felons from administrative gain time as an ex post facto violation. The Florida Supreme Court denies the petition, holding that the statute does not violate
• Lenson A. Hargrave v. Dugger
  832 F.2d 1528· 11th Cir.· 1987-11-13 ·cited 35×
  The court held that federal courts should proceed to the merits of a Lockett claim if Florida courts have indicated they will not apply procedural default rules to such claims.
• Tuitt v. Fair
  822 F.2d 166· 1st Cir.· 1987-06-04 ·cited 35×
  The court held that the trial court did not err in denying the defendant's motions for a continuance and for substitute counsel, nor in conditioning his right to proceed pro se on an unequivocal waiver of his right to counsel.
• Lincoln v. Franklin Y.K. Sunn
  807 F.2d 805· 9th Cir.· 1987-01-06 ·cited 35×
  The court held that the district court erred in denying habeas corpus relief without an evidentiary hearing and lacked sufficient findings to affirm the denial. The court reversed and remanded for further proceedings on prosecutorial misconduct and notice issues.
• Hayes v. Kincheloe
  784 F.2d 1434· 9th Cir.· 1986-03-19 ·cited 35×
  A guilty plea is involuntary if the defendant does not receive actual notice of the true nature of the charge against him or possess an understanding of the law in relation to the facts.
• Barber v. Ponte
  772 F.2d 982· 1st Cir.· 1985-04-04 ·cited 35×
  The dissenting judge believes the majority opinion is unsupported by law or the record.
• Ross v. Kemp
  756 F.2d 1483· 11th Cir.· 1985-03-25 ·cited 35×
• Autry v. W.J. Estelle, Jr.
  706 F.2d 1394· 5th Cir.· 1983-06-17 ·cited 35×
  The court affirmed the denial of the habeas corpus petition, finding no merit in Autry's claims regarding witness immunity, admission of oral statements, extraneous offenses, or insufficient evidence.
• Gibson v. Zant
  705 F.2d 1543· 11th Cir.· 1983-05-31 ·cited 35×
  The court held that the district court correctly granted the writ of habeas corpus because the petitioner's grand and trial juries were drawn from a venire that unconstitutionally excluded women and blacks.
• Washington v. Strickland
  673 F.2d 879· 5th Cir.· 1982-04-23 ·cited 35×
  The court held that a defendant's attorney's tactical decisions, even if unsuccessful in retrospect, do not constitute ineffective assistance of counsel if they were reasoned professional judgments.
• Welsh v. Mizell
  668 F.2d 328· 7th Cir.· 1982-01-12 ·cited 35×
  The court held that the retrospective application of Illinois' 1973 parole criteria, which shifted focus from individual deterrence to general deterrence and the seriousness of the offense, violated the Ex Post Facto Clause of the United States Constitution.
• McElroy v. Holloway
  451 U.S. 1028· U.S.· 1981-05-26 ·cited 35×
• United States ex rel. Bruce Barksdale v. Blackburn
  639 F.2d 1115· 5th Cir.· 1981-03-16 ·cited 35×
  The court held that the appellant established a prima facie case of racial discrimination in jury selection, and the state failed to rebut this case.
• Bryson v. State OF Ala.
  634 F.2d 862· 5th Cir.· 1981-01-20 ·cited 35×
  The erroneous admission of evidence of a prior conviction and escape, while not fundamentally unfair for the conviction itself due to overwhelming evidence of guilt, was a crucial factor in the jury's sentencing decision, thus entitling the petitioner to habeas corpus relief from
• Baxter v. Estelle
  614 F.2d 1030· 5th Cir.· 1980-04-03 ·cited 35×
  The court affirmed the denial of habeas corpus relief, finding that claims related to prison disciplinary proceedings were unexhausted, claims regarding prior convictions were barred by laches, and the claim challenging a statutory presumption lacked standing due to a guilty plea
• Lambert v. Warden, U. S. Penitentiary, & The United States Parole Comm'n
  591 F.2d 4· 5th Cir.· 1979-03-12 ·cited 35×
  The court held that while a prisoner actively seeking timely dispositional review should not be remediless, the district court's dismissal for failure to exhaust administrative remedies was proper, and forfeiture of good time credits is permissible.
• Jackson v. Estelle
  570 F.2d 546· 5th Cir.· 1978-03-31 ·cited 35×
  The district court erred in denying habeas relief without an evidentiary hearing and in applying Habeas Corpus Rule 9(a) to a pre-1977 petition.
• Schneider v. Estelle
  552 F.2d 593· 5th Cir.· 1977-05-18 ·cited 35×
  The court held that newly discovered evidence of a state law enforcement officer's alleged perjury regarding a crucial element of the crime, if true, could establish a denial of constitutional due process, requiring an evidentiary hearing.
• Thomas v. Savage
  513 F.2d 536· 5th Cir.· 1975-05-23 ·cited 35×
  The court held that the introduction of a prior uncounseled misdemeanor conviction at the punishment stage of a felony trial, even if constitutionally invalid, can be harmless error if the state proves beyond a reasonable doubt that it did not affect the sentence imposed.
• United States ex rel. William Stanbridge v. Zelker
  514 F.2d 45· 2d Cir.· 1975-04-15 ·cited 35×
  The court held that the district judge erred in granting a writ of habeas corpus based on the Bruton rule, as the confessions of co-defendants interlocked and did not violate the petitioner's Sixth Amendment rights. The court affirmed the denial of the other habeas corpus claims.