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

• 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.
• Williams v. Mel Bailey
  463 F.2d 247· 5th Cir.· 1972-06-16
• United States ex rel. Betty Burton v. Coughlin
  463 F.2d 530· 7th Cir.· 1972-06-15
  The court held that the Illinois Juvenile Court Act provides an adequate substitute for bail, making release upon recognizance inapplicable to proceedings under the Act.
• Pope v. Turner
  461 F.2d 644· 10th Cir.· 1972-06-14
  The court held that the federal district court should have required the petitioner to exhaust state remedies before granting a writ of habeas corpus.
• United States ex rel. Nathaniel Watson H-4614 v. Lindsey
  461 F.2d 922· 3d Cir.· 1972-06-12
  A guilty plea is binding unless counsel's dereliction shows the plea was not knowing and intelligent, requiring proof of counsel's lack of normal competency.
• Warren v. Louie L. Wainwright
  460 F.2d 1249· 5th Cir.· 1972-06-08
• Alexander v. Louie L. Wainwright
  262 So. 2d 890· Fla. 1st DCA· 1972-06-08
• AIC Charles T. Jensen, II v. Colonel Norman D. Rice
  461 F.2d 1118· 9th Cir.· 1972-06-06
  The petitioner was in custody for habeas corpus purposes, and the district court had jurisdiction to hear his petition.
• Pressel v. State OF Or.
  460 F.2d 313· 9th Cir.· 1972-05-25
  The appellate court affirmed the district court's dismissal of the habeas corpus petition, agreeing that the state courts provided a full and fair hearing and that the confession was voluntary and properly admitted.
• Sabatino Fondanova v. Moore
  460 F.2d 308· 1st Cir.· 1972-05-24
  The court held that a petitioner must fully exhaust state remedies, even if relief is discretionary, before seeking federal habeas corpus relief.
• Flint v. Hocker
  462 F.2d 590· 9th Cir.· 1972-05-24
  The Sixth and Fourteenth Amendments require appointed counsel for indigent criminal defendants at Nevada probation revocation hearings.
• Taylor v. Major Harvey I. Chafitz
  461 F.2d 621· 3d Cir.· 1972-05-24
  The Army is not required to grant a medical examination or provide detailed reasons for retaining a reservist when the submitted documentation shows no substantial change in condition since prior examinations.
• Wendolyn Branche v. Cardwell
  460 F.2d 303· 6th Cir.· 1972-05-23
  Statements made by the appellant to police were voluntary under the standards applicable at the time of the offense, even without Miranda warnings.
• United States ex rel. Abraham Siegel v. Lennox
  460 F.2d 690· 3d Cir.· 1972-05-19
  The court held that even if a co-defendant's statement was improperly admitted in violation of Bruton, the error was harmless beyond a reasonable doubt due to overwhelming properly admitted evidence of guilt.
• MAY v. Louie L. Wainwright
  262 So. 2d 908· Fla. 2d DCA· 1972-05-19
• Sinclair v. Hoyt C. Cupp
  460 F.2d 296· 9th Cir.· 1972-05-16
  A written waiver of jury trial signed by a person judicially declared incompetent is a nullity and cannot constitute a knowing and intelligent waiver of a known right.
• Williams v. Folsom
  261 So. 2d 516· Fla. 1st DCA· 1972-05-09 ·via Writ Of Habeas Corpus
• Chambers v. Brierley
  459 F.2d 1020· 3d Cir.· 1972-05-08
  The court held that the appellant's claims of unfair hearings and ineffective assistance of counsel were without merit.
• Robertson v. Haynes
  459 F.2d 456· 8th Cir.· 1972-05-05
  The court held that the pretrial identification procedures used were not unconstitutional and that the defendant was afforded a full and fair evidentiary hearing in state court.
• Emilio Casias v. Beto
  459 F.2d 54· 5th Cir.· 1972-04-26
  The court held that a harsher sentence imposed by a second jury after retrial does not violate due process if there is no vindictiveness, and that the appellant's confession was voluntary.
• Stern v. Matheisl
  267 So. 2d 343· Fla. 4th DCA· 1972-04-24
  In this child custody appeal, Catherine Stern challenged a Florida trial court's grant of a habeas corpus petition that awarded custody of the parties' minor child to Robert Matheisl based on a prior California custody order. The Fourth District Court of Appeal affirmed, holding
• McLAIN v. Beto
  458 F.2d 503· 5th Cir.· 1972-04-17
  The appeal is dismissed as moot because the petitioner has been retried and convicted on a new charge, rendering the original habeas corpus issue irrelevant.
• Rayfield Moore v. Louie L. Wainwright
  458 F.2d 982· 5th Cir.· 1972-04-17
  The court held that the district court's denial of habeas corpus relief regarding the alleged promise about prior convictions was premature, requiring exhaustion of state remedies.
• Ozel Conley v. Dauer
  463 F.2d 63· 3d Cir.· 1972-04-17 ·via Habeas Corpus Jurisdiction
• Duncan v. State
  260 So. 2d 548· Fla. 2d DCA· 1972-04-12
• Allen v. Perini
  458 F.2d 233· 6th Cir.· 1972-04-06
  The court held that the appellant failed to prove his guilty plea was involuntary or that his counsel's assistance was ineffective, despite potential Miranda violations.
• Campbell v. The State OF Ga. & Robert Grady
  459 F.2d 1039· 5th Cir.· 1972-04-05
  The court held that the search warrant affidavit was legally sufficient and the resulting seizure was valid, agreeing with the district court's findings.
• Wasserstein v. Laird
  459 F.2d 984· 2d Cir.· 1972-03-31
  The court held that the interests of justice require the district court to reconsider the petition in light of a recent decision regarding procedural compliance.
• State of Fla. ex rel. Dufford Dyer v. Wilson
  260 So. 2d 241· Fla. 4th DCA· 1972-03-29
  The court held that the habeas corpus court must determine if the extradition affidavit substantially charges a crime in the demanding state.
• Miller v. The United States Army
  458 F.2d 388· 10th Cir.· 1972-03-27
  The court held that the petitioner is entitled to consideration of his conscientious objector claim on the merits, as prior precedent regarding exhaustion of military remedies is no longer controlling.
• Marble v. Edwards
  457 F.2d 759· 5th Cir.· 1972-03-24
  The court held that a habeas corpus petition alleging suppression of favorable evidence and knowing use of perjured testimony requires an evidentiary hearing if no such hearing has been held previously.
• Benson v. Eyman
  458 F.2d 397· 9th Cir.· 1972-03-20
  The court held that the district court erred in denying the habeas corpus writ without a hearing, as factual issues regarding the validity of prior convictions and their impact on present custody were presented.
• Webb v. Beto
  457 F.2d 346· 5th Cir.· 1972-03-17
  A conviction under a repealed statute, even after state appellate affirmance, remains invalid if the case was pending before the U.S. Supreme Court on certiorari when the statute was repealed without a saving clause.
• Robb v. The United States
  456 F.2d 768· Ct. Cl.· 1972-03-17
• Finley v. Captain John Drew
  455 F.2d 515· 3d Cir.· 1972-03-14
  The appellate court affirmed the district court's grant of a writ of habeas corpus, finding no error in the lower court's disposition.
• Choung v. Misterly
  456 F.2d 176· 9th Cir.· 1972-03-06
  A state prisoner on bail at the time of filing a federal habeas corpus petition is not considered 'in custody' for jurisdictional purposes under 28 U.S.C. § 2241(c)(3).
• United States ex rel. William Joseph McGURRIN v. Shovlin
  455 F.2d 1278· 3d Cir.· 1972-03-01
  The court held that the federal due process clause does not require a jury trial for commitment proceedings and that the petitioner received a fair hearing.
• Lindsay v. Mitchell
  455 F.2d 917· 5th Cir.· 1972-02-25
  The court held that the district court erred in failing to consider the prisoner's claim regarding deprivation of good-time credit.
• Grover Cleveland McDANIEL v. Jones
  456 F.2d 1254· 5th Cir.· 1972-02-24
  The court held that the dismissal of the civil rights claim was correct, but the denial of habeas corpus relief was improper and required remand for further proceedings.
• Alvis v. Kimbrough
  455 F.2d 922· 5th Cir.· 1972-02-22
  The court held that the district court abused its discretion by denying a continuance when the appellant was institutionalized and unable to testify.
• Shelton v. Brunson
  454 F.2d 737· 5th Cir.· 1972-02-09
• Williams v. Trambley
  454 F.2d 1147· 10th Cir.· 1972-02-08
  The court held that the petitioner was barred from receiving a II-C deferment due to an Executive Order and failure to exhaust administrative remedies.
• Purkhiser v. Louie L. Wainwright
  455 F.2d 506· 5th Cir.· 1972-02-03
  The appellate court affirmed the district court's denial of the habeas corpus petition.
• Williams v. Hon. Daniel McMANN
  454 F.2d 1139· 2d Cir.· 1972-01-25
• Kirchhoff v. Major William D. McLARTY
  453 F.2d 1097· 10th Cir.· 1972-01-24
  The court held that the registrant's additional hardship information did not constitute new facts sufficient to require the board to reopen his classification, and therefore, there was a basis in fact for the I-A classification.
• State of Fla. ex rel. Luis Nunez v. Purdy
  256 So. 2d 519· Fla. 3d DCA· 1972-01-18
  The court affirmed the circuit court's denial of habeas corpus regarding the fugitive warrant and dismissed the original habeas corpus proceeding filed in the appellate court.
• Hachey v. State OF Me.
  453 F.2d 369· 1st Cir.· 1972-01-11
  The court held that a certificate of probable cause for appeal should be denied because the petitioner failed to adequately present constitutional claims and the state court's decision was persuasive.
• Thompson v. Louie L. Wainwright
  453 F.2d 751· 5th Cir.· 1972-01-11
• Robinson v. Beto
  453 F.2d 384· 5th Cir.· 1972-01-07
  The court held that the district court did not err in denying the petition for a writ of habeas corpus.
• John Richard (Dick) Anderson. v. Warden Ray H. Page & the State of Okla.
  454 F.2d 432· 10th Cir.· 1972-01-07
  The court held that the district court erred in denying the petition for habeas corpus without an evidentiary hearing, as the record was insufficient to establish a waiver of appeal on the merits.