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

• Smith v. Beto
  453 F.2d 403· 5th Cir.· 1972-01-05
  A valid guilty plea waives all non-jurisdictional defects in the proceedings.
• United States ex rel. John J. Starshak, Jr. v. Custodians
  455 F.2d 221· 7th Cir.· 1972-01-04
  The court held that the district court erred in dismissing the habeas corpus petition without issuing an order to show cause.
• Kyriacos Peter Loukas v. Johnson
  453 F.2d 407· 6th Cir.· 1972-01-03
  The court held that a retained counsel's legal error regarding standing to challenge evidence seizure does not constitute a Sixth Amendment violation warranting habeas corpus relief.
• United States ex rel. Patrick J. Huffman v. The Commonwealth Court of Dauphin Cnty.
  453 F.2d 1254· 3d Cir.· 1972-01-03
  The court held that the petitioner had not exhausted his state remedies and therefore could not bring a federal habeas corpus petition.
• Jackson v. Caldwell
  452 F.2d 1068· 5th Cir.· 1972-01-03
  A state prisoner must exhaust state remedies before seeking federal habeas corpus relief, even if the prisoner believes state remedies would be futile.
• McDONOUGH v. United States
  452 F.2d 1075· 1st Cir.· 1971-12-29
  The court held that the district court erred in dismissing the habeas corpus petition for lack of jurisdiction, as the petitioner's commanding officer in New Hampshire could still be considered his custodian.
• Chapman v. Cardwell
  452 F.2d 1209· 6th Cir.· 1971-12-28 ·via Application For Writ Of Habeas Corpus
  The appellate court held that the District Court's factual findings regarding the voluntariness of the guilty plea were supported by substantial evidence and not clearly erroneous.
• Esters v. Nelson
  452 F.2d 294· 9th Cir.· 1971-12-27
  The court held that California's indeterminate sentence law allows the Adult Authority to set different discharge dates for concurrently served sentences.
• United States ex rel. Larry R. Howard v. Rundle
  452 F.2d 904· 3d Cir.· 1971-12-22
  The court held that conflicting affidavits regarding a prosecutor's comment on the defendant's silence necessitate an evidentiary hearing to determine if a constitutional violation occurred.
• Robinson v. Louie L. Wainwright
  265 So. 2d 553· Fla. 2d DCA· 1971-12-16
  Dennis Robinson petitioned for a writ of habeas corpus alleging illegal incarceration, claiming he was never informed of his right to appeal. The Florida Supreme Court found a prima facie case for relief and transferred the matter to this appellate court, which appointed a circui
• United States ex rel. McKinley Williams v. Hon. Harold W. Follette
  453 F.2d 745· 2d Cir.· 1971-12-10
  The court held that the petitioner's allegations of counsel's incompetence and misconduct were sufficient to require a hearing.
• Richardson v. Beto
  453 F.2d 750· 5th Cir.· 1971-12-10
• Tucker v. Beto
  451 F.2d 567· 5th Cir.· 1971-12-02 ·via Habeas Corpus Relief
  The court held that a state prisoner's petition for habeas corpus relief based on ineffective counsel and a coerced guilty plea must be denied when the prisoner fails to refute conflicting evidence regarding his alleged alibi.
• United States ex rel. George Garfield Khamis v. Custodian, Stanley Resor
  454 F.2d 715· 7th Cir.· 1971-12-01
  The court held that providing a draft registrant with the name and telephone number of a Government Appeal Agent, rather than arranging the appointment, did not prejudice the registrant and was not an error in processing.
• Griswold v. Eyman
  452 F.2d 923· 9th Cir.· 1971-11-30
  The court held that the district court did not err in denying the petition for a writ of habeas corpus, as the state court's findings regarding the understanding and voluntariness of the guilty plea were supported by the record.
• Fountain v. State
  254 So. 2d 859· Fla. 1st DCA· 1971-11-30
  The court dismissed the untimely appeal but granted the habeas corpus petition to allow full appellate review of the order denying the motion to vacate judgment and sentence.
• Iona Starr Doby v. Beto
  451 F.2d 365· 5th Cir.· 1971-11-24
  The court held that the issue of counsel effectiveness was not properly raised and should be decided by state courts, while affirming the finding that counsel was present.
• Roberts v. State
  254 So. 2d 559· Fla. 3d DCA· 1971-11-23
  The court affirmed the defendant's conviction for attempted breaking and entering with intent to commit grand larceny and the revocation of his probation, finding no error in the judgment or the probation revocation order.
• Porter D. White v. Schneckloth
  451 F.2d 1317· 9th Cir.· 1971-11-22
  The court held that tape recordings made by a police informer are admissible evidence, even if obtained through electronic surveillance, as the Supreme Court's decision in United States v. White affirmed the precedent set in Lopez v. United States.
• Taylor v. State OF Minn.
  450 F.2d 1110· 8th Cir.· 1971-11-16 ·via Federal Habeas Corpus
  The court held that a petitioner who raised federal constitutional claims on direct appeal, which were reviewed and rejected by the state's highest court, has exhausted state remedies for federal habeas corpus purposes.
• Wayman Patterson v. Lash
  452 F.2d 150· 7th Cir.· 1971-11-10
  The court held that the search of the automobile trunk was reasonable under the Fourth Amendment, and evidence seized was admissible in the Indiana trial. The Ohio court's exclusion of the evidence did not compel Indiana to exclude it.
• Colbert v. Beto
  450 F.2d 304· 5th Cir.· 1971-11-04
  The court held that the prisoner was denied effective assistance of counsel in the district court and that the case should be remanded for further proceedings.
• United States v. Neustice
  452 F.2d 123· 9th Cir.· 1971-11-01
  The court held that the convictions for transporting a stolen automobile in foreign commerce and for bringing aliens into the United States were properly affirmed.
• Moore v. Louie L. Wainwright
  253 So. 2d 736· Fla. 1st DCA· 1971-10-28
  A parolee is not constitutionally entitled to counsel at a parole revocation hearing.
• Baxter v. Davis
  450 F.2d 459· 1st Cir.· 1971-10-28
  The court held that while due process requires fundamentally fair parole revocation procedures, it would not extend these procedural safeguards to the petitioner's case given the undisputed factual basis for the revocation.
• Wilson v. Sigler
  449 F.2d 1352· 8th Cir.· 1971-10-26
  The court held that the district court's denial of the appellant's habeas corpus petition was correct because the confessions were voluntary and properly admitted into evidence.
• Matha v. Swenson
  449 F.2d 175· 8th Cir.· 1971-10-15
  The court affirmed the district court's denial of habeas corpus relief, finding no constitutional violations.
• Webster v. Roesel
  253 So. 2d 491· Fla. 2d DCA· 1971-10-14 ·via Writ Of Habeas Corpus
• Hamilton v. Smith
  450 F.2d 922· 5th Cir.· 1971-10-08
  The court held that the district court erred in placing the burden of proof on the petitioner regarding his claim of denial of counsel, requiring a remand for further proceedings.
• United States ex rel. Francis Seible v. LaVALLEE
  450 F.2d 842· 2d Cir.· 1971-10-07
  The court held that the habeas corpus petition failed to adequately allege facts sufficient to warrant a hearing, thus affirming the denial of the petition.
• Lancaster v. Hocker
  448 F.2d 1391· 9th Cir.· 1971-10-04
  The court held that the district court should have independently reviewed the entire transcript of the state evidentiary hearing before denying the petition.
• Nicholson v. Sigler
  448 F.2d 777· 8th Cir.· 1971-09-30
  The court affirmed the denial of the habeas corpus petition, agreeing with the lower court's findings on competency and counsel adequacy.
• Pepitone v. State OF Cal.
  449 F.2d 155· 9th Cir.· 1971-09-30
• United States ex rel. Robert E. Johns v. Pinto
  449 F.2d 613· 3d Cir.· 1971-09-22
  The court held that the absence of counsel at preliminary municipal proceedings did not require vacating convictions because the proceedings were not critical stages and Coleman v. Alabama was inapplicable.
• Frey v. Lt. General Stanley R. Larsen
  448 F.2d 811· 9th Cir.· 1971-09-20
  The court held that there was a basis in fact for the Army's determination that the appellant was not sincere in his objection to war in any form.
• Cornelius v. Cupp
  449 F.2d 110· 9th Cir.· 1971-09-20
  The court held that the district court's finding of fact regarding the voluntariness of the guilty plea was not clearly erroneous and that Boykin v. Alabama does not apply retroactively.
• Evans v. Louie L. Wainwright
  252 So. 2d 404· Fla. 2d DCA· 1971-09-17
  The court held that the petitioner was deprived of his right to appeal due to state action in delaying the appointment of appellate counsel, entitling him to appellate review via habeas corpus.
• Morgan v. Thomas
  448 F.2d 1356· 5th Cir.· 1971-09-17
• Shoemaker v. State
  252 So. 2d 369· Fla. 2d DCA· 1971-09-15
  The court held that the appellant's contentions were duplicative of prior claims and that he knowingly and intelligently entered his plea with adequate counsel.
• In the Interest of T. A. F. and E. M. F.
  252 So. 2d 255· Fla. 1st DCA· 1971-09-09 ·via Writ Of Habeas Corpus
  Although the appeal was untimely filed based on the order's rendition date, the court treated it as a petition for writ of habeas corpus due to erroneous advice from the juvenile court, allowing for appellate review.
• Klein v. Cardwell
  448 F.2d 407· 6th Cir.· 1971-09-09
  The court held that Ohio's statutory and constitutional procedures for discretionary review did not arbitrarily deny the appellant access to a full review of his non-constitutional evidentiary issue.
• United States ex rel. Jose Burgos v. Follette
  448 F.2d 130· 2d Cir.· 1971-09-03
  The court held that the district court correctly denied the petition without a hearing because the record did not support claims of involuntary confession.
• Hyler v. U. S. Bd. OF Parole
  447 F.2d 957· 5th Cir.· 1971-08-30
• Colson v. Hoyt C. Cupp
  449 F.2d 730· 9th Cir.· 1971-08-27 ·via Writ Of Habeas Corpus
  The court held that even if a jury instruction unconstitutionally shifted the burden of proof, the error was harmless given the overwhelming evidence of guilt.
• Breaux v. Henderson
  447 F.2d 466· 5th Cir.· 1971-08-24
  The court held that a state prisoner was not denied his right to a direct appeal when his retained counsel advised him against appealing and he failed to inform state officials of his intent to appeal.
• Copeland v. Sheriff Malcomb Beard & Louie L. Wainwright
  446 F.2d 1393· 5th Cir.· 1971-08-23
  The district court correctly treated the prisoner's civil rights complaint as a habeas corpus petition and denied it for failure to exhaust state remedies.
• Pvt. Melvyn S. Hall v. Brigadier General Darrie Richards
  447 F.2d 98· 9th Cir.· 1971-08-13 ·via Writ Of Habeas Corpus
  The court held that the Selective Service Board effectively reopened the appellee's classification, entitling him to a III-A deferment.
• United States ex rel. Sp 4/c Norman Wilcox v. Commonwealth of Pa.
  446 F.2d 1377· 3d Cir.· 1971-08-11
  The court held that a federal court cannot grant habeas corpus relief based solely on a state court's interpretation of state law, even if the federal court disagrees.
• Wilson v. Beto
  446 F.2d 1384· 5th Cir.· 1971-08-11
  The court held that the prisoner's claims regarding invalid prior convictions used for enhancement and impeachment were not grounds for federal habeas corpus relief.
• Wells v. Nelson
  447 F.2d 1368· 9th Cir.· 1971-08-09
  The court held that the denial of counsel at a preliminary hearing and the failure to advise the defendant of his privilege against self-incrimination were not grounds for habeas corpus relief.