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

• Cochran v. Rodriguez
  438 F.2d 926· 10th Cir.· 1971-02-26
  The court held that it was error to dismiss the habeas petition for failure to exhaust state remedies when the petitioner had already raised the same issues on direct appeal.
• United States ex rel. Robert F. Burke v. Erickson
  438 F.2d 326· 8th Cir.· 1971-02-25
  The court held that the South Dakota statute limiting defenses for embezzlement does not unconstitutionally deprive an accused of a jury trial on the issue of intent to convert property.
• Dawson v. Wainwright
  440 F.2d 1259· 5th Cir.· 1971-02-24
• James v. Miller
  438 F.2d 1025· 9th Cir.· 1971-02-22
  The court held that the state courts provided a full and fair hearing on the voluntariness of the confession, and a federal evidentiary hearing was not required.
• Alton J. Richardson v. Cady
  440 F.2d 1231· 7th Cir.· 1971-02-22
  The court affirmed the dismissal of the habeas petition, finding no constitutional error in the conviction.
• Fletcher R. Williams v. Dep't OF Corr.
  438 F.2d 78· 9th Cir.· 1971-02-11 ·via Writ Of Habeas Corpus
  A state detainer remains valid even when state sentences are ordered to run concurrently with federal sentences, and the prisoner is transferred to federal custody.
• Lagge v. Estelle
  438 F.2d 524· 9th Cir.· 1971-02-11 ·via Writ Of Habeas Corpus
  The court held that the denial of the petition for a writ of habeas corpus was not constitutional error, and any potential error was harmless.
• Linehan v. State OF Minn.
  437 F.2d 395· 8th Cir.· 1971-02-09
  A guilty plea based on reasonably competent advice is intelligent and not open to attack due to counsel's misjudgment on confession admissibility.
• Alfreddie Grant v. Louie L. Wainwright
  243 So. 2d 632· Fla. 1st DCA· 1971-02-09
  Alfreddie Grant sought habeas corpus relief challenging his guilty plea to second-degree murder after his original first-degree murder conviction was reversed due to prosecutorial misconduct. The court denied his petition, finding his guilty plea was knowingly and voluntarily mad
• Rice v. The Honorable John F. Chafee
  437 F.2d 883· 9th Cir.· 1971-01-27
  The court held that the district court erred in denying the application for habeas corpus or mandamus without notice or a hearing, and without considering evidence presented to it.
• Thomas A. Guerro (and three others) v. Commissioner Fitzpatrick
  436 F.2d 378· 1st Cir.· 1971-01-26
  The court held that the petitioner's convictions and cumulative sentences for motor vehicle crimes were not unconstitutional and affirmed the denial of his habeas corpus petition.
• Cowling v. Warden Walter E. Craven & the People of the State of Cal.
  436 F.2d 419· 9th Cir.· 1971-01-26
  The court affirmed the district court's dismissal of the habeas corpus petition, finding it offered a better prospect for relief than the original appeal.
• Nelson v. Warden OF the Kan. State Penitentiary
  436 F.2d 961· 10th Cir.· 1971-01-25
  The court held that the legality of post-revocation confinement does not affect the legality of a current enhanced sentence based on a prior conviction.
• Myrick v. Louie L. Wainwright
  243 So. 2d 179· Fla. 2d DCA· 1971-01-20
  Raymond Myrick sought habeas corpus relief alleging he was unconstitutionally deprived of his right to direct appellate review because his court-appointed counsel failed to appeal and the trial court failed to advise him of his appellate rights. The court denied the petition afte
• United States ex rel. John Michael Galasso v. Commanding Officer
  438 F.2d 339· 2d Cir.· 1971-01-18
  The court held that a local Selective Service Board could properly rule by telephone on a request for deferment when the members were already familiar with the case and no new material information was presented.
• McLALLEN v. United States Marshal
  436 F.2d 957· 8th Cir.· 1971-01-13
  The court held that lodging a detainer and delaying execution of a parole violator's warrant until the conclusion of a state sentence is a permissible practice.
• Fowler v. Louie L. Wainwright
  436 F.2d 387· 5th Cir.· 1971-01-08
• United States v. Deans
  436 F.2d 596· 3d Cir.· 1971-01-06
  The court held that it had jurisdiction to hear the appeal despite the untimeliness because the defendant was not properly advised of his right to appeal at sentencing, and that the defendant's failure to exhaust administrative remedies barred his challenge to the validity of his
• Myers v. Frye
  436 F.2d 579· 7th Cir.· 1971-01-04
  The court held that the admission of the Illinois confession did not violate due process, as it was not tainted by prior involuntary Texas confessions, and affirmed the dismissal of the habeas corpus petition.
• Simmons v. Craven
  435 F.2d 554· 9th Cir.· 1971-01-04
• Whitty v. State OF Wis. & Wilbur J. Schmidt
  436 F.2d 401· 7th Cir.· 1970-12-30
  The court held that the petitioner's constitutional rights were not violated by the admission of evidence or the procedures used at his trial, and that any errors were harmless.
• United States ex rel. Edward Rybarik v. Maroney
  435 F.2d 1292· 3d Cir.· 1970-12-28
  The court held that the record did not disclose a denial of the appellant's right to effective assistance of counsel.
• Zauner v. Hoyt C. Cupp
  436 F.2d 418· 9th Cir.· 1970-12-24
• Carthel James Rushing v. State
  241 So. 2d 873· Fla. 3d DCA· 1970-12-22 ·via Writ Of Habeas Corpus
• Kirby v. COX
  435 F.2d 684· 4th Cir.· 1970-12-21
  The court held that the warrantless search of the tool case was lawful, either as incident to a lawful arrest or based on probable cause for an automobile search.
• Fermin Calvo-Ahumada and Jane Catherine Calvo v. Rinaldi
  435 F.2d 544· 3d Cir.· 1970-12-16 ·via Habeas Corpus Review
  The court held that the deportation order was legally correct and affirmed the dismissal of the appeal and petition for review.
• United States v. PAZ
  435 F.2d 1304· 5th Cir.· 1970-12-16
  The court held that the district court's findings were not clearly erroneous and its denial of habeas corpus relief was legally supported.
• Harper v. Ciccone
  434 F.2d 247· 8th Cir.· 1970-12-07
  The court held that the appeal should be dismissed as moot because the appellant has been transferred from the facility where the alleged illegal confinement occurred.
• Willis v. Meier
  435 F.2d 852· 9th Cir.· 1970-12-07 ·via Habeas Corpus Petition
  A federal prisoner violating parole is not subjected to double jeopardy by serving the unexpired sentence without credit for time on parole, as this is part of the original sentence.
• United States ex rel. Robert W. Phillips v. Pate
  435 F.2d 604· 7th Cir.· 1970-12-07
  The court held that the petitioner's federal constitutional rights were not denied, and his guilty plea was knowing and intelligent.
• Bradley v. Louie L. Wainwright
  241 So. 2d 423· Fla. 1st DCA· 1970-12-03
  Henry Cleveland Bradley, Jr. petitioned for habeas corpus review of his first-degree murder conviction, claiming he was not informed of his right to appeal. The Florida District Court of Appeal affirmed his conviction after appointing a commissioner to take testimony on whether B
• Jones v. State of Fla. ex rel. Nancy Jo Anne Greathouse
  241 So. 2d 432· Fla. 1st DCA· 1970-12-03
  The father appealed a habeas corpus decision returning custody of his minor child to the mother based on a prior divorce decree. The court affirmed, holding that a circuit court that issued an original custody decree retains exclusive jurisdiction to modify that order, and a subs
• United States ex rel. George C. Riley v. State of N.J.
  434 F.2d 649· 3d Cir.· 1970-12-03
  The court held that the district court did not err in denying the habeas corpus petition, as the petitioner's guilty pleas were voluntary and the indictment procedure was proper under state and federal law.
• Lyons v. Howard
  434 F.2d 632· 6th Cir.· 1970-11-30
  The Kentucky statutory scheme under which the appellant was prosecuted is not unconstitutional, and the appellant was not forced to plead guilty to avoid the risk of the death penalty.
• Loar v. United States
  434 F.2d 254· 8th Cir.· 1970-11-30 ·via Writ Of Habeas Corpus
  The court held that the appellant's guilty plea was valid because the sentencing court was not required to personally explain the potential sentence under the Federal Youth Corrections Act at the time of the 1964 plea, and the McCarthy v. United States decision is not retroactive
• Benton v. Craven
  435 F.2d 161· 9th Cir.· 1970-11-30
  The court affirmed the denial of habeas corpus, finding sufficient proof of venue through judicial notice.
• Smith v. State of Tex.
  434 F.2d 1013· 5th Cir.· 1970-11-24
  The court held that the petitioner's claim regarding the search warrant was barred by non-retroactivity of Aguilar, and his claim regarding execution of the warrant must first be exhausted in state court.
• Butler v. Robbins
  434 F.2d 1009· 1st Cir.· 1970-11-18
  The court held that even if a witness-initiated identification procedure is suggestive, the admission of testimony about it can be harmless error if the in-court identification has an independent basis and the tainted evidence was insignificant.
• Wallace v. Vill. OF Manchester
  434 F.2d 241· 6th Cir.· 1970-11-18 ·via Writ Of Habeas Corpus
  The court held that the appellant's claim that the justice of the peace was disqualified does not present an extraordinary circumstance justifying a collateral attack on the conviction.
• Williams v. State
  240 So. 2d 817· Fla. 1st DCA· 1970-11-17
  Appellant's appeal of a murder in the second degree conviction was dismissed for lack of jurisdiction because the notice of appeal was filed more than thirty days after judgment, and no basis for habeas corpus relief existed.
• United States ex rel. Golden McMATH v. Pate
  435 F.2d 174· 7th Cir.· 1970-11-16
  The court held that the district court's denial of the petition for a writ of habeas corpus was not erroneous, as there was no basis to reverse the ruling on the voluntariness of the confessions.
• Huffman v. Beto
  434 F.2d 819· 5th Cir.· 1970-11-16
  The court held that the discrepancy in the victim's testimony regarding the source of a $100 bill did not rise to the level of a constitutional violation under Napue v. Illinois, as it was a mistake, not knowing use of false testimony by the state, and was harmless error given ot
• Holland v. Swenson
  433 F.2d 909· 8th Cir.· 1970-11-12
  The court affirmed the district court's denial of the petitioner's habeas corpus petition.
• Ruiz v. Beto
  433 F.2d 1368· 5th Cir.· 1970-11-03 ·via Habeas Corpus Petition
  The appellate court affirmed the denial of the habeas corpus petition, finding no error in the district court's adoption of the state court's findings.
• Watkins v. Gagnon
  432 F.2d 1220· 7th Cir.· 1970-11-02
  The court held that the petitioner's claims of error regarding the arrest warrant and the admission of evidence were without merit.
• Whitfield v. State
  240 So. 2d 310· Fla. 1st DCA· 1970-10-27
• Stewart v. Louie L. Wainwright
  240 So. 2d 166· Fla. 1st DCA· 1970-10-22
  Theodore Stewart petitioned for a writ of habeas corpus and sought a delayed direct appeal of his conviction, arguing that a statement he made to police was admitted at trial in violation of Miranda rights. The federal district court had previously ordered that Stewart was entitl
• Fleury v. Supreme Court OF NEW Hampshire & Parker L. Hancock
  432 F.2d 555· 1st Cir.· 1970-10-13
  The court held that the petitioner's federal habeas corpus petition was untimely because he had not exhausted his state remedies, specifically by utilizing the state's post-conviction procedure.
• Stacy v. van Curen
  432 F.2d 970· 6th Cir.· 1970-10-12
  The court held that the appellant effectively waived his constitutional right to be prosecuted by indictment when he voluntarily pleaded guilty to a different offense with the advice of counsel, thus precluding federal habeas corpus relief.
• Brown v. Lash
  432 F.2d 1129· 7th Cir.· 1970-09-30
  The court held that the facts were not adequately developed at the state coram nobis hearing, entitling the petitioner to an evidentiary hearing in federal district court on the voluntariness of his confession.