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

• Moody v. Beto
  432 F.2d 74· 5th Cir.· 1970-09-29
  The court held that the prisoner's claims of denial of counsel during interrogation and denial of compulsory process for witnesses were without merit.
• Osborn Olden v. Pope
  431 F.2d 905· 9th Cir.· 1970-09-28
  The court held that an evidentiary hearing was not required because the magistrate's transcript adequately showed a knowing and intelligent waiver of counsel.
• Buchannon v. Louie L. Wainwright
  239 So. 2d 608· Fla. 4th DCA· 1970-09-23 ·via Habeas Corpus Proceedings
• United States ex rel. Samuel Brown v. Mr. Edward J. Hendrick
  431 F.2d 436· 3d Cir.· 1970-09-22
  A conviction for rape does not violate the constitutional guarantee against double jeopardy, even if the defendant was previously convicted of open lewdness arising from the same incident, because the offenses have different essential elements.
• Fletcher v. Beto
  431 F.2d 575· 5th Cir.· 1970-09-17
  The court held that the appellant did not abuse the writ of habeas corpus by failing to raise the issue of ineffective assistance of counsel on a prior conviction in earlier petitions.
• Heisler v. COX
  431 F.2d 581· 4th Cir.· 1970-09-14
  A federal habeas corpus court must hold a hearing if the state court failed to make explicit findings of fact or if the findings cannot be reconstructed from the record.
• Riley v. Wilson
  430 F.2d 1134· 9th Cir.· 1970-08-27
  The court held that the appellant's claims regarding illegal arrest, coerced confessions, ineffective assistance of counsel, and denial of confrontation were without merit and affirmed the district court's denial of the habeas corpus petition.
• Tanksley v. Warden State Penitentiary OF the State OF Colo.
  429 F.2d 1308· 10th Cir.· 1970-08-27
  The court held that the federal district court correctly dismissed the habeas petition because the petitioner had not exhausted his available state remedies.
• Jackson v. Louie L. Wainwright
  238 So. 2d 657· Fla. 1st DCA· 1970-08-20
  Jack Jackson petitioned for a writ of habeas corpus, claiming he was not informed of his right to appeal after being convicted of first-degree murder. The Florida appellate court denied the petition after finding that Jackson had committed perjury in his application by falsely cl
• Williams v. State
  238 So. 2d 502· Fla. 1st DCA· 1970-08-20 ·via Habeas Corpus Petition
  The court held that the petitioner's guilt was overwhelmingly established by the record, and no merit was found in the presented assignments of error.
• United States v. Richards
  430 F.2d 1240· 7th Cir.· 1970-08-17
  The court held that the admission of testimony that a statement was taken from the defendant without showing Miranda compliance was error, but that this error was harmless beyond a reasonable doubt.
• Hurley v. Bonnett
  430 F.2d 1275· 5th Cir.· 1970-08-17
  The court held that a claim of denial of counsel at a preliminary hearing requires remand for consideration in light of new Supreme Court precedent.
• Kimbro v. Henderson
  429 F.2d 1319· 6th Cir.· 1970-08-17
  The court held that the district court correctly denied the petition for a writ of habeas corpus.
• Roberts v. Cupp
  428 F.2d 825· 9th Cir.· 1970-08-12
  The court held that the district court correctly dismissed the habeas corpus petition because the state's custody did not violate federal constitutional rights.
• Brown v. Peterson
  429 F.2d 585· 8th Cir.· 1970-08-12
  The court held that the appeal was moot due to subsequent developments in the petitioner's case.
• Mickey D. Staggs v. Ciccone
  430 F.2d 1358· 8th Cir.· 1970-08-06
  The court found that the petitioner's primary contention regarding credit for time served was moot due to his release, and other contentions were either moot or should have been raised in the sentencing court.
• Application of Raymond C. Nielson for a Writ of Habeas Corpus
  430 F.2d 1030· 8th Cir.· 1970-08-04
  The court held that the petitioner had not exhausted his state remedies and had deliberately bypassed available state appellate review, thus precluding federal habeas corpus relief.
• Vale v. Henderson
  430 F.2d 671· 5th Cir.· 1970-07-31
  The court held that the district court must be affirmed because there is no material distinction between this case and a prior Supreme Court ruling on a related conviction.
• Prater v. Louie L. Wainwright
  238 So. 2d 316· Fla. 2d DCA· 1970-07-29
  The court appointed a commissioner to take testimony on whether the petitioner was wrongfully denied his right to direct appeal, following the precedent of Baggett v. Wainwright that habeas corpus may provide full appellate review when direct appeal rights are denied.
• Abbott v. Genung
  238 So. 2d 135· Fla. 2d DCA· 1970-07-24
  The court held that the prisoner's temporary transfer to California for trial did not waive Florida's right to incarcerate him, as both states adopted the Uniform Interstate Extradition Act which expressly denies waiver.
• United States ex rel. Michael Williams v. McMANN
  430 F.2d 1284· 2d Cir.· 1970-07-24
  The court held that the appeal from the denial of the habeas corpus petition should be dismissed because the petitioner failed to comply with local rules regarding disclosure of prior petitions.
• Thomas v. Craven
  429 F.2d 1194· 9th Cir.· 1970-07-21
  The court affirmed the denial of the habeas corpus petition, finding no merit in the appellant's contentions and that he had not exhausted his state remedies for some issues.
• Trogdon v. Louie L. Wainwright
  429 F.2d 509· 5th Cir.· 1970-07-20
  A federal district court is not required to hold a second evidentiary hearing on any point upon which a full and fair hearing was held at the state level.
• Pruitt v. Campbell
  429 F.2d 642· 4th Cir.· 1970-07-16
  Federal courts are prohibited by 28 U.S.C. § 2283 from enjoining state court proceedings, and habeas corpus is the proper remedy for post-conviction relief, not declaratory judgment.
• Scheer v. Patterson
  429 F.2d 907· 10th Cir.· 1970-07-15
  A guilty plea is not rendered involuntary or invalid merely because it was induced by the fear of a possible death penalty, especially when the defendant was competently advised by counsel regarding the existing law and the strength of the prosecution's case.
• Carter v. Lynch
  429 F.2d 154· 4th Cir.· 1970-07-09
  The court held that the civil arrest and release statutes were constitutional and that the evidence supported the denial of the judgment debtor's release from custody.
• O'Hara v. Louie L. Wainwright
  237 So. 2d 560· Fla. 2d DCA· 1970-07-08
  In this habeas corpus proceeding, the Florida District Court of Appeal granted Willie O'Hara's petition for a writ allowing him to pursue full appellate review of his criminal conviction. The court appointed a commissioner to hear evidence on O'Hara's habeas petition, and after t
• DuBOIS v. Hocker
  432 F.2d 549· 9th Cir.· 1970-07-06
  The court held that the denial of habeas corpus relief was proper because the state and municipal prosecutions, though arising from the same incident, did not charge identical offenses, thus not violating double jeopardy principles.
• Thurmon Fred Sloan v. Beto
  432 F.2d 1050· 5th Cir.· 1970-07-01
  The court held that the district court did not err in denying the habeas corpus petition, as the state court's findings were supported by the record.
• United States ex rel. Michael Cummings v. McMANN
  429 F.2d 1295· 2d Cir.· 1970-06-30
  The court held that the defendant's plea was voluntary and that the trial court properly denied his habeas corpus petition without a hearing.
• COX v. United States
  428 F.2d 877· 9th Cir.· 1970-06-29 ·via Petition For Writ Of Habeas Corpus
  A guilty plea waives prior procedural irregularities and defects in the indictment.
• Greenwood v. Starr
  240 So. 2d 513· Fla. 4th DCA· 1970-06-25 ·via Writ Of Habeas Corpus
• Earnest Norman v. Nelson
  431 F.2d 1184· 9th Cir.· 1970-06-25
  The court held that the prisoner's confrontation clause claim was waived by failure to object at trial, and any error in admitting evidence was harmless.
• Decker v. Sigler
  428 F.2d 453· 8th Cir.· 1970-06-24
  The court held that the evidence strongly preponderates that the defendant's guilty plea was voluntary.
• United States ex rel. Lloyd Eldon Miller, Jr. v. Pate
  429 F.2d 1001· 7th Cir.· 1970-06-23
  The district court erred in permanently restraining the State of Illinois from retrying the petitioner on the criminal charge, as federal courts lack such authority in state criminal prosecutions.
• Betts v. State
  237 So. 2d 191· Fla. 1st DCA· 1970-06-23
  A defendant whose timely notice of appeal was not filed due to lack of a filing fee, despite the trial court's appointment of a public defender within the appeal period, is entitled to proceed with his appeal under the doctrine that state action depriving a defendant of appellate
• Bostick v. Craven
  429 F.2d 23· 9th Cir.· 1970-06-23
  A guilty plea entered to avoid the possibility of a death penalty is not involuntary, and a voluntary and intelligent guilty plea waives challenges to prior proceedings.
• Brown v. Lon Evans
  427 F.2d 1161· 5th Cir.· 1970-06-19
  The court held that it could not grant effective relief even if the original arrest and detention were invalid, thus affirming the denial of the habeas corpus petition.
• Jordan v. Cardwell
  428 F.2d 325· 6th Cir.· 1970-06-18
  The District Court erred in dismissing the habeas petition without an evidentiary hearing regarding the voluntariness of the confession.
• Herschel LeRoy Winters v. Turner
  427 F.2d 1142· 10th Cir.· 1970-06-15
  The court held that a changed situation regarding a conditional termination order necessitates remand for the petitioner to amend their habeas corpus petition.
• United States ex rel. Charles Musil v. Pate
  427 F.2d 930· 7th Cir.· 1970-06-10
  A coroner's inquest is not a critical stage of a criminal proceeding requiring the presence of counsel, and testimony given there, if voluntary under pre-Miranda standards, is admissible at trial.
• Kanieski v. Gagnon
  427 F.2d 401· 7th Cir.· 1970-06-09
  The court held that the District Court properly denied the petition for habeas corpus because the state court offered a remedy that satisfied federal constitutional requirements for appeal review.
• Bain v. United States
  428 F.2d 508· 6th Cir.· 1970-06-05
  The appellate court affirmed the district court's denial of the motion to vacate the sentence, finding the guilty plea was entered voluntarily and intelligently, and that the defendant received effective assistance of counsel.
• United States ex rel. Richard Charles Geiger v. Lt. Col. Willie H. McBEE
  430 F.2d 344· 7th Cir.· 1970-06-05
  The court held that there was a basis in fact for the registrant's I-A classification and the denial of his request to reopen it, and thus affirmed the lower court's denial of habeas corpus.
• Bennett v. United States
  426 F.2d 793· 4th Cir.· 1970-06-03
  The court held that the plaintiff's claimed injury, the denial of a ruling on the merits of his habeas corpus petition, never occurred, and thus there is no case to adjudicate.
• Souza v. Craven
  429 F.2d 35· 9th Cir.· 1970-06-01
  The court held that the petitioner's contentions regarding entrapment, perjured testimony, and Fifth/Sixth Amendment violations were without merit.
• Carter v. Beto
  426 F.2d 242· 5th Cir.· 1970-05-26
  The court held that the district court correctly denied the petition for a writ of habeas corpus, finding no constitutional violations.
• Maynard Fred Edwards v. Lloyd
  426 F.2d 820· 9th Cir.· 1970-05-21
  The district court correctly denied the petition for a writ of habeas corpus without a hearing.
• United States ex rel. John Fioravanti v. Yeager
  427 F.2d 134· 3d Cir.· 1970-05-18
  A prisoner who has fully served a sentence cannot collaterally attack that sentence for lack of counsel at sentencing if no demonstrable prejudice to a current sentence exists.
• Jethro Bolton v. Nelson
  426 F.2d 807· 9th Cir.· 1970-05-18
  The court held that the petitioner's claims regarding his confession, ineffective counsel, and witness cross-examination did not warrant federal relief.