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. Thaddeus Kendzierski v. Elza Brantley
  447 F.2d 806· 7th Cir.· 1971-08-06
  The court held that the district court erred in denying the habeas corpus petition without allowing both parties to present and argue facts, especially when the trial transcript was not made available.
• Wainwright v. Procunier
  446 F.2d 757· 9th Cir.· 1971-08-06
  The court held that the initial search of the appellant's person was unlawful because it was incident to an invalid arrest for a non-existent offense, rendering subsequent discoveries inadmissible as fruit of the poisonous tree.
• McArthur Belin v. State
  250 So. 2d 645· Fla. 4th DCA· 1971-07-22
  Appellant Belin, an unmarried minor at the time of trial, appealed an order denying his motion to vacate judgment and sentence. The court affirmed, holding that statutory notice to parents of charges, combined with precedent, does not require notice of trial date or parental pres
• Cook v. Beto
  446 F.2d 1387· 5th Cir.· 1971-07-22
  The court held that a federal court may deny a habeas corpus petition without an evidentiary hearing if the state habeas record is adequate.
• Alesi v. Craven
  446 F.2d 742· 9th Cir.· 1971-07-21 ·via Writ Of Habeas Corpus
  The district court's findings of constitutional violations were not clearly erroneous, and its grant of a writ of habeas corpus is affirmed.
• Melton v. Patterson
  445 F.2d 410· 10th Cir.· 1971-07-21
  The court held that the lower court did not err in denying habeas corpus relief, affirming that trial counsel was not inadequate and the submission of a dubious confession was not prejudicial given the jury's verdict.
• Hitchcock v. State OF Ariz.
  446 F.2d 46· 9th Cir.· 1971-07-20
  The court held that publicity preceding and during the homicide trial did not deprive the defendant of a fair trial.
• Lewis v. Henderson
  446 F.2d 1010· 5th Cir.· 1971-07-15
  The court held that the district court did not err in denying the habeas corpus petition, finding that the appellant failed to prove ineffective assistance of counsel.
• Patrick v. State OF Mo.
  446 F.2d 643· 8th Cir.· 1971-07-13
  The court held that the district court did not err in denying the petition for a writ of habeas corpus without an evidentiary hearing.
• State v. Garmire
  35 Fla. Supp. 207· Dade Cty. Cir. Ct.· 1971-07-12
  A Florida circuit court held that Miami's loitering ordinance was unconstitutionally vague and overbroad as applied to loitering in or about schools, colleges, parks, libraries, or university campuses without legitimate reason. The court granted habeas corpus relief and discharge
• Waiters v. Louie L. Wainwright
  249 So. 2d 734· Fla. 2d DCA· 1971-07-02
  Petitioner Tommy Lee Waiters sought habeas corpus relief, claiming he was not advised of his right to appeal and that his public defender failed to pursue an appeal. After an evidentiary hearing, the court found that Waiters had been properly advised of his appeal rights and that
• Langlois v. Louie L. Wainwright
  445 F.2d 836· 5th Cir.· 1971-07-01
  The court held that the lower court's findings of fact were not clearly erroneous and that the state trial court provided a full and fair hearing on the voluntariness of the confession.
• United States ex rel. Max Feinberg v. Rundle
  444 F.2d 402· 3d Cir.· 1971-06-28
  The court held that the petitioner's contentions regarding conviction on an uncharged offense, insufficient evidence, unconstitutional criminalization, and denial of equal protection were without merit.
• Garnett v. State
  249 So. 2d 697· Fla. 1st DCA· 1971-06-24
• Gaines v. Clark
  445 F.2d 654· 5th Cir.· 1971-06-24
• Airman First Class Jonathan O. Lawson and Airman First Class Gregory L. Palmer v. Laird
  443 F.2d 617· 5th Cir.· 1971-06-15
  The court held that the Air Force's denial of conscientious objector applications for insufficient documentation constituted a final administrative decision, allowing immediate access to habeas corpus relief.
• Shabarekh v. City OF Miami
  443 F.2d 992· 5th Cir.· 1971-06-15
  The appellate court held that the trial court erred in refusing to grant the City of Miami relief from a habeas corpus judgment without justification.
• Millan-Diaz v. Parker
  444 F.2d 95· 3d Cir.· 1971-06-14
  The court held that federal prisoners must pursue challenges to their convictions and sentences through a motion under 28 U.S.C. § 2255 in the sentencing court, and habeas corpus is not an appropriate remedy unless the § 2255 motion is inadequate or ineffective.
• LEE v. Beto
  446 F.2d 1004· 5th Cir.· 1971-06-14
  The court held that the district court did not err in denying the petition for a writ of habeas corpus.
• Peterson v. Estelle
  446 F.2d 53· 9th Cir.· 1971-06-10 ·via Writ Of Habeas Corpus
  The court held that a conflict of interest existed between jointly represented codefendants, denying one effective counsel.
• Fitzpatrick v. Clark
  443 F.2d 916· 5th Cir.· 1971-06-09
• MAY v. Berry
  35 Fla. Supp. 169· Dade Cty. Cir. Ct.· 1971-06-07
  The court held that sentencing an insolvent person to incarceration for failure to pay a fine violates the Equal Protection Clause.
• Ciraolo v. Madigan
  443 F.2d 314· 9th Cir.· 1971-05-28
  A contempt conviction based on inferences drawn from circumstances outside the judge's personal observation, particularly regarding intent and motive, requires notice, a hearing, and counsel, and cannot be summarily adjudicated.
• Nowlin v. Neil
  443 F.2d 8· 6th Cir.· 1971-05-21
  The court held that the defendant was adequately informed of his appellate rights and that the state court's decision not to retroactively apply its ruling was not a denial of constitutional rights.
• Campos v. Baker
  442 F.2d 331· 10th Cir.· 1971-05-13
  The court held that the issue of denial of a preliminary hearing was not exhausted in state courts and thus could not be considered in federal habeas corpus. The court also found the claim of ineffective assistance of counsel to be without merit.
• United States ex rel. William Stewart v. Pate
  443 F.2d 326· 7th Cir.· 1971-05-13
  The court held that the district court did not err in finding that the petitioner was properly admonished of the mandatory consecutive nature of his sentence, despite potential ambiguities in the common law record.
• United States ex rel. William Henry Glover v. The Hon. J. Edwin LaVALLEE
  442 F.2d 456· 2d Cir.· 1971-05-12
  The court held that the state court's finding of voluntariness of the confessions was supported by sufficient evidence, even considering the alleged police violence.
• Williams v. Oriscello
  441 F.2d 1113· 3d Cir.· 1971-05-12
  The court held that the appellant had not exhausted his state remedies by filing a habeas corpus petition before his direct appeal was decided.
• Beck v. United States (Sheriff & Dist. Attorney of Dallas County)
  442 F.2d 1037· 5th Cir.· 1971-05-11
  The court held that the prisoner had exhausted state remedies and that insufficient funds were not a valid excuse for the state's delay in bringing him to trial.
• Azzaro v. Schneckloth
  443 F.2d 1· 9th Cir.· 1971-05-10 ·via Federal Habeas Corpus
  A petitioner seeking federal habeas relief based on a Fourth Amendment violation must demonstrate a possessory or proprietary interest in the place searched or the evidence seized to have standing.
• Merlo v. Beto
  441 F.2d 729· 5th Cir.· 1971-04-30
  The court held that the district court correctly denied the habeas corpus petition because the appellant received effective assistance of counsel and knowingly and voluntarily pled guilty.
• Riley v. Hocker
  441 F.2d 552· 9th Cir.· 1971-04-27
  The court held that the state trial court's finding of no taint for in-court identification was supported by the record, and thus the federal district court was entitled to rely on that finding in denying the habeas petition.
• Salazar v. Sigler
  441 F.2d 834· 8th Cir.· 1971-04-16
  The court held that the defendant did not make an intelligent and knowing waiver of counsel during his guilty plea, as the trial court failed to conduct a sufficient inquiry.
• Figer v. Perini
  440 F.2d 661· 6th Cir.· 1971-04-16
  The court held that the facts of this case more closely fit the police activities found lawful in Chambers v. Maroney, suggesting the challenged search was valid.
• Howard v. Swenson
  441 F.2d 256· 8th Cir.· 1971-04-15
  A state prisoner must exhaust state remedies for claims regarding conditions of confinement before seeking federal habeas corpus relief.
• Pilgrim v. Sigler
  440 F.2d 788· 8th Cir.· 1971-04-14
  The court held that the prosecutor's alleged misconduct in displaying inadmissible exhibits and adducing fingerprint testimony did not violate the petitioner's constitutional right to a fair trial and any trial errors were harmless beyond a reasonable doubt.
• Davenport v. Laird
  440 F.2d 380· 4th Cir.· 1971-04-07
  The court held that there was a basis in fact for the denial of the draftee's conscientious objector status and affirmed the denial of his habeas corpus petition.
• Pressley v. Smith
  441 F.2d 382· 5th Cir.· 1971-04-02
  The court held that the district court correctly denied the habeas corpus petition because the sentences were valid, the pleas were knowing and voluntary, and counsel was effective.
• Johnson v. Louie L. Wainwright
  441 F.2d 255· 5th Cir.· 1971-04-01
  The court held that the district court did not err in denying the petition for habeas corpus.
• Hicks v. Nelson
  440 F.2d 989· 9th Cir.· 1971-04-01
  The court held that California law does not entitle the appellant to credit for time served in federal custody under these circumstances.
• Caffey v. Swenson
  438 F.2d 1238· 8th Cir.· 1971-03-31
  The court held that the district court properly denied the petition for a writ of habeas corpus.
• Tannahill v. State OF Ariz.
  440 F.2d 555· 9th Cir.· 1971-03-29
  The appellate court affirmed the district court's order granting habeas corpus, finding the confession involuntary and counsel ineffective.
• Shahen Sanassarian v. State OF Cal.
  439 F.2d 703· 9th Cir.· 1971-03-25
  The court held that a defendant waives a claim of unfair trial based on the prosecution's failure to introduce evidence if the defendant and counsel knew of the evidence and chose not to introduce it.
• Guilford Dinsmuir Shaw v. Pitchess
  440 F.2d 412· 9th Cir.· 1971-03-24
• Hawkins v. Wainwright
  245 So. 2d 865· Fla.· 1971-03-24 ·via Writ Of Habeas Corpus
  The court held that excluding a juror who stated he never believed in the death penalty and could not be a fair and impartial juror did not violate the petitioner's constitutional right to an impartial jury under Witherspoon.
• Davis v. Just. Court for the Pixley Jud. Dist.
  439 F.2d 701· 9th Cir.· 1971-03-24
  The court held that the state court record fully supported the district court's denial of habeas corpus petitions, finding that appellants received a full and fair hearing and were not deprived of due process.
• Grosso v. Resor
  439 F.2d 233· 2d Cir.· 1971-03-15 ·via Habeas Corpus Relief
  The court held that the petitioner was not unlawfully inducted and that his father's letter did not constitute a sufficient request for discharge under Army regulations.
• United States ex rel. Bernard Rembert H-5529 v. Rundle
  438 F.2d 1183· 3d Cir.· 1971-03-09
  The court held that the relator's challenge to the denial of his habeas corpus petition was without merit.
• Licavoli v. Maxwell
  438 F.2d 1182· 6th Cir.· 1971-03-05
  The court held that the District Court properly denied the petition for a writ of habeas corpus.
• Kanan v. Denver Dist. Court
  438 F.2d 521· 10th Cir.· 1971-02-26
  The court held that the petitioner failed to exhaust state remedies by wilfully bypassing them, thus the district court properly denied relief.