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

• United States ex rel. William Cadogan v. LaVALLEE
  502 F.2d 824· 2d Cir.· 1974-08-16
  The court held that the district court did not err in denying the habeas corpus petition, affirming the denial.
• Gardner v. McCARTHY
  503 F.2d 733· 9th Cir.· 1974-08-13
  The court held that the due process standards announced in Gagnon v. Scarpelli regarding counsel at parole revocation proceedings apply prospectively only. The court also held that a civil rights action under 42 U.S.C. § 1983 is not the proper avenue to obtain release or a new re
• Morse v. Wilson
  500 F.2d 1264· 10th Cir.· 1974-07-29
  The court held that the admission of depositions did not violate the Sixth Amendment confrontation clause, as the right was waived, and that adequate Miranda warnings were provided, thus affirming the denial of the habeas corpus petition.
• Perry v. Ciccone
  500 F.2d 599· 8th Cir.· 1974-07-23
  Petitioners sentenced under 26 U.S.C. § 7237(d) are not eligible for parole, even after its repeal, if their sentences were imposed before the repeal's effective date.
• State ex rel. Richard Harris, Jr. v. Honorable James A. McCAULEY
  297 So. 2d 825· Fla.· 1974-07-17
  The Florida Supreme Court held that an acting state attorney appointed by a circuit judge under Section 27.16 may sign felony informations even if the appointee does not meet the constitutional qualifications required for a regularly elected state attorney. The Court distinguishe
• Grover W. Kelley v. Louie L. Wainwright
  297 So. 2d 561· Fla.· 1974-07-10
  A paroled prisoner sought credit for time served in county jail while awaiting parole revocation proceedings. The Florida Supreme Court held that a paroled inmate is entitled to credit for jail time served between arrest and parole revocation, as incarceration terminates the paro
• King Hairston v. COX
  500 F.2d 584· 4th Cir.· 1974-07-03
  The court affirmed the district court's grant of a writ of habeas corpus, finding the prisoner entitled to relief on the merits of his claim.
• United States ex rel. Sidney J. Clark v. Anderson
  502 F.2d 1080· 3d Cir.· 1974-06-13
  A state cannot constitutionally apply a superseded predecessor statute to a defendant after ruling the successor statute unconstitutionally vague, as this violates due process notice requirements.
• Lockwood v. Florida Division OF Corrections
  299 So. 2d 622· Fla. 1st DCA· 1974-06-13
  Lockwood petitioned for habeas corpus alleging he was denied a speedy trial after filing a demand under Florida rule 3.190. The court found that Lockwood never actually filed a written demand for speedy trial, had competent counsel negotiating favorable plea deals, and was now at
• United States ex rel. George Foye v. LaVALLE
  499 F.2d 1242· 2d Cir.· 1974-06-10
  The court held that the district court erred in denying habeas relief without examining the complete investigative report, as it might contain a constitutional issue.
• United States ex rel. Melvin Oliver v. Vincent
  498 F.2d 340· 2d Cir.· 1974-06-03
  A federal court is not precluded from holding an evidentiary hearing in a habeas corpus proceeding, even if state court findings are presumed correct under 28 U.S.C. § 2254(d), if the state court did not make a determination after a hearing on the merits of a factual issue.
• Patterson v. Estelle
  494 F.2d 37· 5th Cir.· 1974-05-20
  The court held that the petitioner waived his right to appeal and that the trial court did not err in denying his habeas corpus petition.
• Lehman S. Elliott v. State OF Ala.
  493 F.2d 1348· 5th Cir.· 1974-05-16
  The court held that the district court lacked sufficient evidence to support its findings regarding the voluntariness of the guilty plea and waiver of jury trial.
• Avery v. United States
  494 F.2d 33· 5th Cir.· 1974-05-09 ·via Petition For Writ Of Habeas Corpus
  The court held that the sentencing judge's dismissal of the petition was improper and must be reexamined in light of Supreme Court precedent regarding the use of erroneous information in presentence reports.
• Carey M. Horowitz v. Henderson
  492 F.2d 1165· 5th Cir.· 1974-04-19
  The court held that the district court's opinion was unclear regarding whether the petitioner received ineffective assistance of counsel at the pleading stage or sentencing stage.
• Keegan v. State
  293 So. 2d 351· Fla.· 1974-04-17
  William Keegan sought habeas corpus relief to obtain out-of-time review of his uttering worthless check conviction by the Florida Supreme Court, claiming extraordinary circumstances prevented timely filing of his certiorari petition. The Court held that habeas corpus cannot be us
• Negron v. Henderson
  496 F.2d 858· 2d Cir.· 1974-04-17
  The court held that a procedural error in a jury instruction regarding the voluntariness of a confession does not warrant federal habeas corpus relief unless the petitioner shows that his confession was involuntary.
• McDOLE v. Louie L. Wainwright
  293 So. 2d 35· Fla.· 1974-04-10 ·via Writ Of Habeas Corpus
  The court held that the trial judge did not err in denying a sentencing mitigation hearing, as the judge had discretion and the circumstances did not warrant it.
• Lane v. Attorney General OF the United States
  492 F.2d 121· 5th Cir.· 1974-04-04
  The court held that the prior decision must be vacated and the case remanded for reconsideration in light of the Supreme Court's ruling in Gagnon v. Scarpelli.
• McDONALD v. Haynes
  292 So. 2d 625· Fla. 2d DCA· 1974-04-03
  In this habeas corpus appeal, the McDonald appellants challenged an order returning five-year-old Kenneth Adrian Liotta to his natural mother, Lorraine Haynes. The court affirmed the habeas corpus order but remanded the consolidated issues to the pending adoption proceeding for f
• Pinkins v. State
  292 So. 2d 55· Fla. 2d DCA· 1974-03-27
  The appellate court acknowledged the appellant's right to an appeal but dismissed it as frivolous because the record showed no grounds for reversal of his conviction. This case highlights the distinction between the right to appeal and having a meritorious appeal.
• Mitchell v. Gray
  494 F.2d 684· 6th Cir.· 1974-03-19
• Bailey v. People OF the State OF Mich.
  493 F.2d 1218· 6th Cir.· 1974-02-27
  The court held that there was sufficient evidence to support the arson conviction and that the fire marshal's search was reasonable.
• Ozie Washington v. Cardwell
  491 F.2d 1259· 9th Cir.· 1974-02-26 ·via Writ Of Habeas Corpus
  The district court's denial of the writ of habeas corpus is affirmed because the factual determination was supported by substantial evidence.
• Tillery v. Weitzenfeld
  490 F.2d 179· 5th Cir.· 1974-02-20
  The court held that the district court's denial of habeas corpus relief was premature due to an incomplete record and insufficient consideration of state remedies.
• United States v. Duncan John Shockley
  492 F.2d 353· 9th Cir.· 1974-02-19
  The court held that the defendant's conviction for failure to report for induction must be reversed because the ambiguous actions of the local board and the unclear interpretation of regulations created an intolerable dilemma regarding the proper forum to assert his conscientious
• Bryant v. Ciccone
  493 F.2d 321· 8th Cir.· 1974-02-15
  The court affirmed the denial of the habeas corpus petition, holding that the regulation, as construed by the district court to allow public defenders to handle inmate mail to state courts, does not impinge on constitutional rights.
• Parker v. State OF Okla. and/or Park J. Anderson
  491 F.2d 515· 10th Cir.· 1974-02-07
  The court held that the warrantless search of the motel room was lawful as incident to a valid arrest under the law at the time, and the right to counsel does not attach to pre-indictment lineups.
• United States ex rel. Clarence Jones v. The Honorable Leon J. Vincent
  491 F.2d 1275· 2d Cir.· 1974-02-06
  The court affirmed the denial of the habeas corpus petition, finding the petitioner received adequate counsel.
• Blackstock v. Sandstrom
  40 Fla. Supp. 131· Dade Cty. Cir. Ct.· 1974-02-06
  In this habeas corpus case, a Dade County Circuit Court granted relief to an indigent petitioner who was incarcerated without counsel, proper hearing, or inquiry into his ability to pay fines and court costs imposed for traffic violations. The court found the commitment orders vi
• Garza v. Sigler
  491 F.2d 825· 7th Cir.· 1974-02-06
  Prisoners convicted under repealed narcotics laws are eligible for parole consideration under 18 U.S.C. § 4202, as permanent parole ineligibility is not a penalty saved by the general saving statute.
• Morgan v. Juv. & Dom. Relations Court
  491 F.2d 456· 4th Cir.· 1974-01-29
  A petitioner is not entitled to habeas corpus relief if they are no longer imprisoned and allege no collateral consequences jeopardizing their liberty, even if denied counsel at trial.
• Wiggington v. Estelle
  488 F.2d 967· 5th Cir.· 1974-01-25
  The court held that the record affirmatively showed the appellant was represented by counsel at the time of his guilty plea in a prior conviction, thus the enhanced penalty was valid.
• Bell v. Louie L. Wainwright
  288 So. 2d 278· Fla. 4th DCA· 1974-01-18
  The court held that the informations charging drug abuse violations did not charge a crime under the laws of Florida at the time of the offenses and should be vacated.
• Lieutenant Robert E. Sholars v. Rear Admiral Alfred R. Matter
  491 F.2d 279· 9th Cir.· 1974-01-11
  The court held that jurisdiction for a habeas corpus petition under 28 U.S.C. § 2241 exists in the district where the petitioner has meaningful contacts with the custodial authority at the time of filing.
• United States ex rel. Russell Davis Mealey, Jr. v. The State of Del.
  489 F.2d 993· 3d Cir.· 1974-01-02
  The court held that the suggestive photographic identification, even if cumulative, could not be deemed harmless error beyond a reasonable doubt due to the potential for undue jury reliance on such dramatic testimony.
• Little v. Louie L. Wainwright
  287 So. 2d 124· Fla. 4th DCA· 1973-12-28
• Chavis v. Louie L. Wainwright
  488 F.2d 1077· 5th Cir.· 1973-12-18 ·via Writ Of Habeas Corpus
  The court held that the inventory of the defendant's clothing by a police officer was a lawful safekeeping measure, not an illegal search, and therefore the heroin found was admissible.
• Hayward Alexander v. Emerson
  489 F.2d 285· 5th Cir.· 1973-12-18
  The court held that a federal court should not entertain a state prisoner's damages action inquiring into constitutional violations during trial while the prisoner is still incarcerated.
• LEE v. Louie L. Wainwright
  488 F.2d 140· 5th Cir.· 1973-12-06
  The court held that the state prisoner's contentions regarding illegal seizure and interrogation without Miranda warnings were without merit.
• Mitchell v. Johnson
  488 F.2d 349· 6th Cir.· 1973-12-06
  A state may not refuse to appoint counsel to assist an indigent defendant in preparing an application for discretionary direct appeal to the state supreme court when non-indigent defendants customarily employ counsel for this purpose.
• Mays v. State
  285 So. 2d 637· Fla. 4th DCA· 1973-11-23 ·via Writ Of Habeas Corpus
  The trial court correctly denied the motion to vacate judgment and sentence under Rule 3.850 because that rule is not the proper vehicle for seeking belated appellate review.
• Moore v. Hon. John Hill
  487 F.2d 221· 5th Cir.· 1973-11-14
  The court held that all issues raised by the appellant had been previously determined adversely to him in other federal habeas proceedings.
• Jennings v. Louie L. Wainwright
  486 F.2d 1041· 5th Cir.· 1973-11-12
  The court held that the appellant was not entitled to federal habeas corpus relief based on the grounds presented.
• Collins v. Warden, Nev. State Prison
  487 F.2d 950· 9th Cir.· 1973-11-07
  The court held that even if parole eligibility was part of the plea bargain, the bargain was substantially fulfilled by subsequent legislative and judicial actions in Nevada, thus denying federal habeas corpus relief.
• Shead v. Quatsoe
  486 F.2d 694· 7th Cir.· 1973-10-24
  The court held that the retroactivity of the Scarpelli decision, requiring counsel in certain parole revocation hearings, should be determined by fundamental fairness, not solely by the decision's date.
• Miller v. Louie L. Wainwright
  485 F.2d 185· 5th Cir.· 1973-10-17
  The court affirmed the denial of habeas corpus, finding no constitutional violations in the conviction or sentence.
• Painter v. Leeke
  485 F.2d 427· 4th Cir.· 1973-10-15
  A criminal trial requires that the accused be given an opportunity to make appropriate non-frivolous motions, and denial of this right deprives the accused of due process.
• Thompson v. United States
  484 F.2d 942· 2d Cir.· 1973-09-19
  The court held that the appellant's claims attacking his 1965 sentence are wholly without merit and that the plea and sentence were free of legal infirmity.
• United States v. Joyner
  486 F.2d 1261· D.C. Cir.· 1973-09-18