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

• Sumlin v. Nelson
  471 F.2d 295· 9th Cir.· 1972-11-28 ·via Habeas Corpus Relief
  The court held that the appellant's guilty plea was valid, as incorrect legal advice was not a determinative factor in the plea bargain.
• Donnie Lee Sloan v. The State OF Tex.
  469 F.2d 677· 5th Cir.· 1972-11-28
  The appeal is dismissed as moot because the appellant's state habeas corpus petition was granted, leading to his convictions being set aside and new trials ordered.
• Uribe v. Nelson
  469 F.2d 1086· 9th Cir.· 1972-11-24
  The court held that the prisoner's claims do not warrant habeas corpus relief because his Miranda rights were not violated in a way that prejudiced him, no plea bargain was breached, and his claim regarding the crime charged is unexhausted.
• Galligher v. McCARTHY
  470 F.2d 740· 9th Cir.· 1972-11-22
  A prisoner's petition seeking an injunction for recognition of religious rights and expungement of disciplinary records is not subject to federal habeas corpus exhaustion requirements.
• Howlett v. Louie L. Wainwright
  269 So. 2d 677· Fla.· 1972-11-22
• Haynes v. State
  269 So. 2d 14· Fla. 1st DCA· 1972-11-21
  Charles Haynes sought a writ of habeas corpus challenging delays in obtaining trial transcripts for his criminal appeal, arguing the delay effectively thwarted his right to appellate review. The court found the habeas petition moot after the transcript was filed, but directed the
• Sanders v. Weldon COX
  472 F.2d 1227· 6th Cir.· 1972-11-15 ·via Habeas Corpus Relief
  The court held that the petitioner's claims were properly dismissed for failure to exhaust state remedies, except for the involuntary statement issue, which was also denied.
• Perkins v. Craven
  469 F.2d 659· 9th Cir.· 1972-11-15
  The court held that the California Adult Authority had the right to refix the appellant's sentence at maximum after parole suspension because the original sentence had not yet expired.
• Jenkins v. Wingo
  471 F.2d 292· 6th Cir.· 1972-11-15 ·via Writ Of Habeas Corpus
  The court held that the district judge's finding of a voluntary guilty plea was appropriate based on the state trial court record.
• United States v. Hoff
  468 F.2d 1395· 8th Cir.· 1972-11-15
  The court affirmed the conviction, finding no merit in the defendant's claims of denial of counsel, speedy trial, or opportunity for habeas corpus relief.
• United States ex rel. Dennis E. Pearson v. Adams
  469 F.2d 335· 2d Cir.· 1972-11-15
  A federal court may only inquire if there was *any* evidence to support a state conviction in a habeas corpus proceeding, not re-evaluate sufficiency.
• Mitchell v. Eyman
  468 F.2d 856· 9th Cir.· 1972-10-30
  The court held that the appellant's claims were procedurally barred due to failure to exhaust state remedies and that the District Court did not err in denying the habeas corpus petition without an evidentiary hearing.
• Spencer v. Turner
  468 F.2d 599· 10th Cir.· 1972-10-30
  The court held that the prompt, on-the-scene identification of the suspect by the victim did not violate the suspect's due process rights.
• Talavera v. Louie L. Wainwright
  468 F.2d 1013· 5th Cir.· 1972-10-26
  The court held that the petitioner was denied due process by the retroactive application of a stricter severance standard and by the summary denial of his motion without an opportunity to present its merits.
• Walker v. Nelson
  468 F.2d 451· 9th Cir.· 1972-10-24
  The court held that there was sufficient probable cause for the arrest and seizure, and that the petitioner's claim had received full and fair consideration in state courts.
• Thomas v. Wingo
  469 F.2d 657· 6th Cir.· 1972-10-16
• Yarnal v. Brierley
  468 F.2d 816· 3d Cir.· 1972-10-13
  The court held that even if the admission of the sheriff's testimony was constitutional error, it was harmless beyond a reasonable doubt given the other evidence presented.
• Turner v. Genung
  268 So. 2d 394· Fla. 2d DCA· 1972-10-04
  The court granted the appellant's petition for a writ of habeas corpus concerning bail pending appeal, setting bail and directing release.
• van Orden v. Laird
  467 F.2d 250· 10th Cir.· 1972-10-03
  The court held that the appellant was not entitled to pre-induction judicial review of his Selective Service Board's actions because he did not fall within the narrow exceptions to the prohibition against such review.
• Bentley v. Jones
  467 F.2d 906· 5th Cir.· 1972-09-27
  The court held that the district court properly ruled that the petitioner failed to exhaust state remedies before seeking federal habeas corpus relief.
• United States v. Tillman
  467 F.2d 645· 3d Cir.· 1972-09-27
  The court held that the enactment of a new statute did not affect sentencing for violations of the old act, and the record did not support claims of ineffective plea bargaining advice.
• Harris v. Turner
  466 F.2d 1319· 10th Cir.· 1972-09-21
  The court held that a police lineup conducted before formal charges are initiated does not violate the Sixth Amendment right to counsel, even without an attorney present.
• Albitez v. Beto
  465 F.2d 954· 5th Cir.· 1972-09-13
  The court held that an affidavit for a search warrant, combining hearsay and personal knowledge, sufficiently established probable cause, and that a magistrate's assistance in preparing the affidavit did not compromise neutrality.
• Parker v. Beto
  466 F.2d 503· 5th Cir.· 1972-09-12
  The court held that the prisoner's grounds for federal habeas corpus relief were without merit.
• Henninger v. Louie L. Wainwright
  467 F.2d 217· 5th Cir.· 1972-09-11
  The appeal is dismissed as moot because the appellant's death penalty was commuted to life imprisonment while the appeal was pending.
• Johnson v. Beto
  466 F.2d 528· 5th Cir.· 1972-09-01
  The court held that the district court did not err in denying the habeas corpus petition, as the appellant's claims of illegal arrest, lack of counsel, and ineffective assistance of counsel were without merit.
• United States ex rel. Joseph Calabro v. United States Marshal FOR the E. Dist. OF NEW York
  466 F.2d 1350· 2d Cir.· 1972-08-23
  The court held that a petition for habeas corpus was properly denied when a direct appeal was pending and the petitioner had not yet been sentenced.
• Yates v. Breazeale
  466 F.2d 500· 5th Cir.· 1972-08-21
  The court remanded the case to the District Court with directions to grant the writ of habeas corpus unless the state resentences the defendant to a term less than death.
• Rivera v. Rose
  465 F.2d 727· 6th Cir.· 1972-08-16
  The court held that North Carolina v. Pearce, which prohibits imposing a harsher sentence upon retrial without justification, must be applied retroactively in all respects.
• Minor v. Hoyt C. Cupp
  466 F.2d 1369· 9th Cir.· 1972-08-15
  The court held that the prisoner's refusal to proceed with his state post-conviction remedies, after being fully advised and given the opportunity to do so, constituted a deliberate bypass of those remedies.
• Hessel v. State OF Ariz.
  465 F.2d 958· 9th Cir.· 1972-08-09
  The court held that a plaintiff who failed to exhaust state remedies cannot collaterally attack administrative proceedings or misdemeanor convictions in federal court.
• Mancuso v. United States
  464 F.2d 1273· 10th Cir.· 1972-08-04
  The court held that the appellant was not collaterally estopped from pursuing his negligence and malpractice claims because the prior habeas corpus proceeding did not actually adjudicate the specific medical issues necessary for such claims.
• Oather James Mannings v. State
  465 F.2d 423· 5th Cir.· 1972-08-02
  The court held that the district court erred in dismissing the habeas corpus petition for failure to exhaust state remedies, given the specific circumstances and relief sought.
• Kemp v. Honorable Judge Marcellus K. Snow & State of Utah
  464 F.2d 579· 10th Cir.· 1972-08-01
  The court held that a defendant is provided with sufficient information to intelligently accept or reject a plea bargain if they are aware of the maximum possible sentence, even if unaware of administrative particularities of sentencing.
• United States ex rel. Charles Burke v. State OF Ill.
  465 F.2d 268· 7th Cir.· 1972-07-28 ·via Writ Of Habeas Corpus
  The court held that the photographic identification and the victim's extended interaction with the officer provided a sufficient independent basis for the in-court identification, thus the denial of the habeas corpus petition was proper.
• Ferguson v. COX
  464 F.2d 461· 4th Cir.· 1972-07-26
  The court held that the petitioner had not exhausted state remedies for all claims, and that state remedies remained available to him, thus affirming the district court's dismissal.
• Ira Goldsmith v. Louie L. Wainwright
  264 So. 2d 872· Fla. 2d DCA· 1972-07-21
  Goldsmith petitioned for habeas corpus alleging he was denied his right to pursue a direct appeal from his robbery conviction because his court-appointed counsel refused to appeal. The court dismissed the petition, finding that the record showed Goldsmith had in fact pursued mult
• Moultrie v. State OF Ga.
  464 F.2d 551· 5th Cir.· 1972-07-19
  The court held that the speedy trial right does not apply to parole revocation proceedings and that a sentence does not expire while parole is violated.
• Miller v. Hon. Melvin Laird
  464 F.2d 533· 9th Cir.· 1972-07-18
  The court held that the filing of an amended habeas corpus petition relates back to the date of the original petition, preserving jurisdiction even if the petitioner is removed from the district.
• Moore v. Eyman
  464 F.2d 559· 9th Cir.· 1972-07-13
  The court held that the right to counsel had not attached at the pre-indictment lineup and that any error related to the lineup was harmless due to an independent in-court identification.
• Burkheart v. Eyman
  462 F.2d 1335· 9th Cir.· 1972-07-06
  Denying retroactivity to a judicial decision does not deny federal constitutional rights, even if the decision invalidated a statute under which the petitioner was convicted.
• Southers v. Haskins
  462 F.2d 627· 6th Cir.· 1972-07-05
  The court held that the admission of burglary tools into evidence was not an error and did not violate the appellant's constitutional rights.
• Hinojos v. Black
  462 F.2d 621· 9th Cir.· 1972-07-03
  The court held that juror misconduct, discussing evidence not presented at trial, did not rise to the level of a constitutional defect justifying habeas corpus relief.
• Williams v. Hocker
  463 F.2d 234· 9th Cir.· 1972-07-03
  Federal courts lack jurisdiction to consider claims not presented to state courts, including challenges to evidence, jury instructions, and competency hearings.
• Lenine Strollo v. Alldredge
  463 F.2d 1194· 3d Cir.· 1972-06-30
  A federal court may not entertain a habeas corpus petition if the issue raised is cognizable under 28 U.S.C. § 2255.
• Maddox v. State
  264 So. 2d 34· Fla. 1st DCA· 1972-06-27
  Maddox sought habeas corpus relief challenging his 1968 arrest for vagrancy and murder, his delayed indictment notification (November 1968 to February 1969), and the late appointment of counsel. The court upheld his second-degree murder conviction and life sentence, finding any d
• United States ex rel. Morse Fredric Stein v. Major Roland G. Gillen
  463 F.2d 533· 7th Cir.· 1972-06-20
  The court held that the Selective Service boards lacked a basis in fact for denying the appellant's conscientious objector classification, and the district court erred in upholding that denial.
• Application of Benedict X. DiPIAZZA v. Fritz
  462 F.2d 1102· 2d Cir.· 1972-06-20
  The court affirmed the district court's denial of the habeas corpus petition without a hearing.
• Williams v. Mel Bailey
  463 F.2d 247· 5th Cir.· 1972-06-16
• Jolicoeur v. Honorable Melvin Laird
  462 F.2d 1234· 8th Cir.· 1972-06-16
  Federal courts should not interfere with discretionary decisions of armed forces officers absent extraordinary circumstances.