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

• Salesky v. State
  484 F.2d 68· 5th Cir.· 1973-09-17
  The court held that an evidentiary hearing is necessary to resolve a conflict in the record regarding the petitioner's statement about waiving counsel.
• Albert v. Frisby
  486 F.2d 244· 9th Cir.· 1973-08-31
  The court held that the hearing officer's finding of insincerity was not supported by evidence and the denial of discharge was unlawful.
• Hall v. State
  282 So. 2d 190· Fla. 2d DCA· 1973-08-29
• Porter v. Elliot L. Richardson
  483 F.2d 1338· 9th Cir.· 1973-08-23
  Pre-induction judicial review of a Selective Service classification is barred by 50 U.S.C. App. § 460(b)(3) unless the registrant is deprived of a classification to which he is entitled by statute, and the board's action is not within its statutory authority.
• Newton v. Estelle
  483 F.2d 447· 5th Cir.· 1973-08-14
  The court held that a federal court should not remand issues to state court if the petitioner concedes those issues lack merit.
• McCUTCHEON v. Estelle
  483 F.2d 256· 5th Cir.· 1973-08-10
  The Court held that a prior federal conviction used for sentence enhancement remains valid for enhancement purposes even if one of its object offenses is later deemed constitutionally void, as long as the conspiracy count itself remains valid.
• Mason v. Askew
  484 F.2d 642· 5th Cir.· 1973-08-10
  The court held that a state prisoner challenging the fact of his confinement must first exhaust state remedies via habeas corpus before seeking federal relief under § 1983.
• Olds v. Neil
  482 F.2d 301· 6th Cir.· 1973-07-17
  The court held that the petitioner's claims of prejudice from a co-defendant's confession, coerced confession, denial of severance, and denial of appeal were without merit.
• United States ex rel. Daniel Jacobs v. Honorable Robert F. Froehlke
  481 F.2d 540· D.C. Cir.· 1973-07-09
  The court held that a serviceman could be tried by court-martial for off-base offenses when no U.S. civilian court had jurisdiction over the crime.
• Robinson v. Rodgers
  481 F.2d 1110· D.C. Cir.· 1973-06-29
  The appeal from the dismissal of the habeas corpus petition is dismissed as moot because the appellant's subsequent guilty plea rendered him ineligible for the NARA commitment that was the subject of the petition.
• FOY v. Bounds
  481 F.2d 286· 4th Cir.· 1973-06-20
  The court held that the prisoner's probation revocation hearing, though lacking formal confrontation, did not violate due process standards as applied retroactively, given the circumstances and lack of objection.
• English v. Va. Prob. & Parole Bd.
  481 F.2d 188· 4th Cir.· 1973-06-19
  The court held that the Virginia statute defining and prohibiting common nuisances related to drug use was not unconstitutionally vague and that the classification of marijuana as a narcotic drug did not violate equal protection.
• Williams v. Wainwright
  278 So. 2d 641· Fla. 4th DCA· 1973-06-06
  The court held that the evidence presented was insufficient to support a charge of breaking and entering with intent to commit grand larceny.
• Charles v. Louie L. Wainwright
  478 F.2d 754· 5th Cir.· 1973-05-29
  The court held that the jury instructions on possession of recently stolen property were constitutional and that sufficient evidence supported the conviction.
• Collier v. Wingo
  477 F.2d 972· 6th Cir.· 1973-05-15 ·via Habeas Corpus Relief
  The court held that a federal court must provide an evidentiary hearing if the state court did not reliably find relevant facts.
• Baker v. The Sheriff OF Santa FE Cnty. & the United States Marshal
  477 F.2d 118· 10th Cir.· 1973-04-25
  The court held that a federal prisoner seeking to challenge the voluntariness of a federal sentence must use the remedy provided by 28 U.S.C. § 2255 in the sentencing court.
• Schoultz v. Warden Carl Hocker
  478 F.2d 842· 9th Cir.· 1973-04-25
  The court held that the California District Court should reconsider the petition in light of subsequent proceedings and the State of California's lack of interest in the conviction.
• Santana v. United States
  477 F.2d 721· 2d Cir.· 1973-04-20
  A voluntary and intelligent guilty plea, entered on advice of counsel, is not rendered invalid by subsequent judicial decisions that invalidate the statutory presumptions that may have influenced the plea.
• Lieutenant (JG) Daniel S. Isbit v. Secretary OF Defense
  476 F.2d 661· 5th Cir.· 1973-04-18
  The court held that the district court erred by considering evidence outside the administrative record when reviewing the denial of a conscientious objector discharge.
• United States ex rel. John Ford v. Henderson
  476 F.2d 939· 5th Cir.· 1973-04-18
  The court held that the appellant's guilty plea was knowingly and understandingly made and that he received effective assistance of counsel.
• Washburn v. Estelle
  476 F.2d 278· 5th Cir.· 1973-04-12
  The court held that the appellant's claims of jury exposure to inadmissible evidence and illegal search were not federally reversible errors, lacking record support.
• Breckenridge v. Governor Preston Smith
  476 F.2d 288· 5th Cir.· 1973-04-03 ·via Writ Of Habeas Corpus
• United States ex rel. Joe McGILL v. Schubin
  475 F.2d 1257· 2d Cir.· 1973-04-02
  The court held that denying sentence credit to a conditional releasee who violates the terms of release does not violate the Double Jeopardy Clause or the Equal Protection Clause.
• Harris v. State OF Tex.
  476 F.2d 719· 5th Cir.· 1973-03-30
  The court held that the appellant could not obstruct the state's retrial efforts and then claim a denial of speedy trial.
• Williams v. Cardwell
  475 F.2d 1260· 6th Cir.· 1973-03-30
  The court held that the district court's findings of fact were supported by substantial evidence and not clearly erroneous, and that the law was correctly applied.
• Lawson v. Estelle
  477 F.2d 119· 5th Cir.· 1973-03-23
  The court held that the evidence was admissible under the 'plain view' doctrine and that the appellant was not denied counsel for oral argument.
• Esherick v. Perini
  475 F.2d 577· 6th Cir.· 1973-03-22
  The court held that the appellant failed to exhaust his state remedies regarding his claim of ineffective assistance of counsel.
• Turner v. Craven
  475 F.2d 769· 9th Cir.· 1973-03-12
  The court held that the state court's finding of witness unavailability was presumptively correct and that the use of preliminary hearing testimony was permissible.
• Schmidt v. Reyes
  274 So. 2d 242· Fla. 1st DCA· 1973-03-08
  A father sought habeas corpus to enforce an Illinois custody order awarding him full custody of his minor child after the mother violated an earlier visitation order. The Florida court denied the writ and awarded custody to the mother, and the appellate court affirmed because the
• Braxton v. Louie L. Wainwright
  473 F.2d 1371· 5th Cir.· 1973-02-28
  The court held that denying habeas corpus relief based solely on a factual dispute with state court findings is not error, especially when the state hearing was adequate.
• Gregorio P. Valdez v. Perini
  474 F.2d 19· 6th Cir.· 1973-02-21
  The court held that the petitioner's appeal was without merit and dismissed it, denying his motion for appointment of counsel.
• Gareau v. United States
  474 F.2d 24· 6th Cir.· 1973-02-15
  The court held that the district court should have treated the habeas petition as a motion in the nature of a writ of error coram nobis and that the appellant's claim was not moot.
• Smith v. COX
  474 F.2d 563· 4th Cir.· 1973-02-14
  The court held that the district court must re-evaluate the speedy trial claim using the Barker v. Wingo balancing test.
• Garza v. State OF Tex.
  474 F.2d 905· 5th Cir.· 1973-02-12
  The court held that a federal habeas corpus petitioner must exhaust state remedies for claims regarding pre-sentence and post-appeal jail time credit before federal intervention.
• 1st Lt. Richard G. Conway, M.D. v. Lt. General A. D. Surles
  474 F.2d 372· 9th Cir.· 1973-02-05
  The court held that accepting a commission after an induction order does not preclude judicial review of the classification via habeas corpus if the commission offer was contingent on the induction order. The court reversed and remanded for a determination of this contingency.
• Osborn Olden v. Nelson
  474 F.2d 693· 9th Cir.· 1973-02-05
  The court held that the prisoner's contentions regarding the search and his statements were without merit.
• Roberts v. State of Fla. & Duval Cnty.
  272 So. 2d 558· Fla. 1st DCA· 1973-02-01
  Donald James Roberts, incarcerated in a federal prison in Texas, petitioned for a writ of habeas corpus, claiming that detainers filed by Florida thwarted his parole opportunity because of pending criminal charges for uttering a worthless check and auto theft. The court denied th
• Robinson v. Beto
  473 F.2d 665· 5th Cir.· 1973-01-29
  The federal court erred in denying the habeas petition for failure to exhaust state remedies, as the state appellate court had already addressed the substantive issue.
• Kemp v. Louie L. Wainwright
  472 F.2d 586· 5th Cir.· 1973-01-22
  A state prisoner must exhaust available state remedies, including Rule 3.850 motions, before seeking federal habeas corpus relief, even if not currently serving the challenged sentence.
• Radford v. Stewart
  472 F.2d 1161· 9th Cir.· 1973-01-19
  The court held that the defendant's compliance with the notice provisions of the Montana statute did not violate his Fifth Amendment rights because reciprocity existed in discovery and the facts of the case showed no prejudice.
• Rubin Davis v. Henderson
  473 F.2d 679· 5th Cir.· 1973-01-16
  The court held that the record did not demonstrate an intelligent and voluntary waiver of constitutional rights.
• Harlan G. Smith v. Beto
  472 F.2d 164· 5th Cir.· 1973-01-15
  The state's refusal to provide an indigent criminal defendant with a free trial transcript for a state post-conviction proceeding does not violate the Equal Protection Clause if the defendant's attorney has access to the transcript and the defendant has not demonstrated a need fo
• Combs v. Cardwell
  472 F.2d 1188· 6th Cir.· 1972-12-27
  There is no constitutional right to a transcript in a criminal case, and a narrative bill of exceptions can suffice for appellate review.
• State of Fla. ex rel. Fred Jefferson v. Purdy
  271 So. 2d 117· Fla.· 1972-12-20
  An inmate filed for habeas corpus relief claiming his right to a belated appeal was denied when the district court dismissed his appeal for failure to file a brief and record, due to the loss of the trial transcript by county authorities. The Florida Supreme Court dismissed the p
• Thwing v. State OF S.D.
  470 F.2d 351· 8th Cir.· 1972-12-18
  The court held that the district court correctly denied the habeas corpus petition because the appellant failed to raise federal constitutional issues and demonstrated no actual prejudice.
• Tate v. Henderson
  470 F.2d 971· 5th Cir.· 1972-12-14
  The court held that while immediate release was not warranted, the Parole Board must reconsider the appellant's parole request in light of his recent certification as a non-narcotics addict, ensuring the absence of the certificate was not a basis for denial.
• Baxter v. Stack
  270 So. 2d 419· Fla. 4th DCA· 1972-12-12
  The circuit court retained jurisdiction to correct a pre-Furman death sentence to life imprisonment and rule on post-trial motions. An indictment alleging an offense occurred 'on or about' a date is not fatally vague under current Florida Rules of Criminal Procedure.
• Saunders v. COX
  470 F.2d 734· 4th Cir.· 1972-12-11
  The court held that the defendant's claim of an unconstitutionally excessive sentence was not properly before the federal court due to a failure to exhaust state remedies.
• Robinson v. State
  270 So. 2d 51· Fla. 2d DCA· 1972-12-06
  The court held that a defendant's claim of being misled into a guilty plea requires a reasonable basis, which was not shown in this case.
• Terry v. Superintendent OF Field Unit #9
  470 F.2d 187· 4th Cir.· 1972-11-30