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

• Williams v. Perini
  426 F.2d 241· 6th Cir.· 1970-05-18
  The court held that the petitioner knowingly waived his right to counsel and to have charges presented to a grand jury.
• Arland L. Gerberding v. State OF Minn.
  426 F.2d 247· 8th Cir.· 1970-05-18
  The court affirmed the denial of habeas corpus relief, holding that the state court's post-trial evidentiary hearing on confession voluntariness was a proper remedy and that the confession was voluntary under the totality of the circumstances.
• 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.
• United States ex rel. John Ramos v. Pinto
  425 F.2d 1344· 3d Cir.· 1970-05-15
  A search incident to a lawful arrest is valid, even if the arrest was based on multiple statutes, one of which is later found unconstitutional.
• Ottis Mayo Jones v. United States
  427 F.2d 145· 5th Cir.· 1970-05-13
  The court held that the parole revocation was not illegally procured, even if some evidence was later suppressed for trial.
• Tillery v. State
  235 So. 2d 29· Fla. 2d DCA· 1970-05-08 ·via Habeas Corpus Review
  The court denied the State's motion to dismiss an appeal for alleged deficiencies in the notice of appeal, holding that procedural defects in the notice are not jurisdictional grounds for dismissal absent clear prejudice to the opposing party.
• United States ex rel. Henry L. Ford v. Pate
  425 F.2d 178· 7th Cir.· 1970-05-07 ·via Writ Of Habeas Corpus
  The court held that the pretrial identification procedures were not so unnecessarily suggestive as to violate due process, and any hearsay testimony was harmless error.
• Brody v. Louie L. Wainwright
  235 So. 2d 303· Fla.· 1970-05-06
  The court held that the petitioner was not denied an appeal due to state action, as his notice of appeal was filed too late.
• Ottis Mayo Jones v. United States
  427 F.2d 188· 5th Cir.· 1970-04-30
  The court held that the district court correctly denied the federal convict's petition for a writ of habeas corpus.
• United States ex rel. Frank Powell v. Commonwealth of Pa.
  425 F.2d 267· 3d Cir.· 1970-04-24
  The court held that the district court lacked the power to grant an untimely nunc pro tunc appeal, and the appeal must be dismissed.
• Kelley v. Kropp
  424 F.2d 518· 6th Cir.· 1970-04-22
  The court held that the district court correctly denied the habeas corpus petition because the facts did not demonstrate a violation of the 180-day speedy trial statute or a denial of equal protection.
• Eules Ezekiel Stanley v. Pitchess
  425 F.2d 192· 9th Cir.· 1970-04-17
  The court affirmed the denial of a writ of habeas corpus, finding that the state prisoner validly waived his right to counsel and was not denied effective assistance or a fair trial.
• United States ex rel. Lawrence Denmark v. Honorable J. Edwin LaVALLEE
  426 F.2d 232· 2d Cir.· 1970-04-17
  A state procedure relying on the trial record for a post-conviction voluntariness hearing is adequate if the defendant had the opportunity for cross-examination.
• Mullis v. Louie L. Wainwright
  234 So. 2d 371· Fla. 1st DCA· 1970-04-16
  Mullis seeks habeas corpus relief claiming the state used false testimony and suppressed favorable evidence in his larceny conviction. The court denies the petition, finding it lacks sufficient specificity and is barred by res judicata.
• Crosby v. Ellsworth
  431 F.2d 35· 9th Cir.· 1970-04-13
  The court held that the Montana Supreme Court's interpretation of state statutes regarding bigamy is binding and not a due process violation, and that the prior marriage to Mary Lou Daniels provided a valid basis for the bigamy conviction.
• Linnus Harrison v. Louie L. Wainwright
  424 F.2d 633· 5th Cir.· 1970-04-13
  The court held that a federal court may deny a habeas corpus petition if the petitioner has failed to exhaust state remedies for all issues raised.
• Andrews v. Louie L. Wainwright
  233 So. 2d 398· Fla.· 1970-03-25
• van Cleave v. Nelson
  423 F.2d 716· 9th Cir.· 1970-03-23
  The District Court correctly denied the petition for a writ of habeas corpus.
• United States ex rel. Richard MacHado v. Honorable Walter H. Wilkins
  423 F.2d 385· 2d Cir.· 1970-03-13
  The court held that the case is moot because the petitioner has served his sentence and there is no meaningful relief that can be granted, distinguishing prior cases where collateral consequences were certain.
• State v. Posey
  34 Fla. Supp. 135· Santa Rosa Cty. Cir. Ct.· 1970-03-04
  A defendant cannot raise new jury selection issues in post-conviction proceedings if they were not properly presented during the initial trial and appellate processes.
• Rice v. State OF Wis.
  424 F.2d 12· 7th Cir.· 1970-02-27
  The court held that the trial errors, while recognized by the state court, did not rise to the level of federal constitutional violations and were harmless beyond a reasonable doubt.
• United States ex rel. Robert McCRAY v. Rundle
  422 F.2d 354· 3d Cir.· 1970-02-26
  The court held that the consolidation of indictments for a non-jury trial and the reopening of the case after initial adjudications did not violate due process.
• Trask v. Robbins
  421 F.2d 773· 1st Cir.· 1970-02-24
  The court held that the hospital room identification, under the totality of the circumstances, was not so unnecessarily suggestive as to violate due process, even without counsel present.
• Eliot Charles Compton v. Ciccone
  422 F.2d 390· 8th Cir.· 1970-02-20
  The court granted the joint motion to dismiss the appeal.
• LaFayette Smith v. Haskins
  421 F.2d 1297· 6th Cir.· 1970-02-09
  The court held that the district court properly dismissed the habeas corpus petition because the allegations were either conclusory, failed to state a constitutional deprivation, or relied on non-retroactive law.
• Hall v. Hocker
  422 F.2d 1320· 9th Cir.· 1970-02-06
  The court held that the district court correctly denied the habeas corpus application, finding no ineffective assistance of counsel or involuntary plea.
• Moran v. Louie L. Wainwright
  421 F.2d 1389· 5th Cir.· 1970-02-05
  The court held that the district court did not err in denying the appellant's petition for a writ of habeas corpus.
• Denson v. State
  230 So. 2d 479· Fla. 4th DCA· 1970-01-23 ·via Writ Of Habeas Corpus
  The court held that allegations of knowing use of perjured testimony and refusal to call a witness are legally insufficient to vacate a judgment under CrPR 1.850, and failure to file a direct appeal is also not grounds for such a motion.
• Rondinone v. Reincke
  424 F.2d 1307· 2d Cir.· 1970-01-22
  The court held that the appellant waived his right to appeal by his inaction for over 20 years, and the subsequent unavailability of the trial transcript due to the court reporter's death did not constitute a denial of constitutional rights.
• Ex parte Leport Walton v. Beto
  421 F.2d 1383· 5th Cir.· 1970-01-20
  A second conviction for murder after a prior conviction was reversed constitutes double jeopardy and is prohibited.
• United States ex rel. Norman A. Green v. Maroney
  421 F.2d 830· 3d Cir.· 1970-01-15
  The district court correctly denied the petition for a writ of habeas corpus because the appellant has not exhausted his state remedies.
• Washington v. Louie L. Wainwright
  423 F.2d 34· 5th Cir.· 1970-01-12
  The court held that the district court did not err in denying the petition for writ of habeas corpus.
• Henninger v. State
  230 So. 2d 149· Fla.· 1970-01-07
  John Henninger appealed his death sentence for first-degree murder, but failed to timely file a notice of appeal within 30 days as required. Although the Florida Supreme Court granted the State's motion to dismiss the appeal for lack of jurisdiction, the Court treated the pleadin
• United States ex rel. Joseph T. Keeley v. The Honorable David McMANN
  425 F.2d 1067· 2d Cir.· 1970-01-02
  The court held that the prosecution's alleged failure to disclose a mug shot and clothing list was not material enough to invalidate the conviction.
• Williams v. Lake P. Russell
  419 F.2d 1092· 6th Cir.· 1969-12-31
  The Sixth Circuit affirmed the district court's denial of habeas corpus, holding that the appellant failed to demonstrate that his privately retained counsel's actions constituted ineffective assistance of counsel.
• Maize v. Louie L. Wainwright
  421 F.2d 151· 5th Cir.· 1969-12-30
  The court held that a district judge was correct in denying a habeas petition without a hearing when the petitioner's claim of perjured testimony was based on a witness whose testimony was repeatedly recanted and re-recanted.
• City OF Miami v. Robinson
  229 So. 2d 301· Fla. 3d DCA· 1969-12-23
  The City of Miami appealed a circuit court's habeas corpus discharge of a defendant convicted in municipal court of both carrying a concealed weapon and failing to register a weapon. The appellate court affirmed the discharge of the concealed weapon conviction but reversed the di
• McPARLIN v. Warden OF Adult Corr. Inst.
  419 F.2d 7· 1st Cir.· 1969-12-16
  The federal court affirmed the denial of habeas corpus, finding the state court provided a full and fair hearing on the voluntariness of the confessions.
• Stack v. State of Fla. ex rel. Pat LaFRATTA & Tom Fury
  230 So. 2d 15· Fla. 4th DCA· 1969-12-12
  This case involves an appeal by the State of Florida after a lower court discharged petitioners via a writ of habeas corpus. The appellate court reversed this decision, holding that habeas corpus is not a substitute for appeal, even if the original information was potentially def
• Redmon v. Peyton
  420 F.2d 822· 4th Cir.· 1969-12-05
  The court held that a court of record can cure jurisdictional defects in juvenile certification by conducting its own investigation and making an independent determination to try a juvenile as an adult. The district court erred in finding the 1957 burglary conviction void.
• Jackson v. Nelson
  419 F.2d 1324· 9th Cir.· 1969-12-04
  The court held that a state prisoner's subsequent habeas corpus petition was properly denied because it did not allege new factual grounds not previously adjudicated, as required by 28 U.S.C. § 2244(b).
• United States ex rel. Albert Demeter v. Yeager
  418 F.2d 612· 3d Cir.· 1969-11-12
  The court held that the New Jersey Sex Offenders Act is constitutional and does not violate equal protection or due process, and that the appellant's prior commitments and sentencing were valid.
• United States ex rel. LeRoy Nash v. Reincke
  418 F.2d 1333· 2d Cir.· 1969-11-12 ·via Federal Habeas Corpus
  The court held that the appellant's arraignment was not a critical stage and he failed to show prejudice from the denial of counsel.
• Hegwood v. Swenson
  417 F.2d 310· 8th Cir.· 1969-10-30
  The court held that the federal district court properly dismissed the habeas corpus petition without prejudice for failure to exhaust state remedies under the amended Missouri Rule 27.26.
• Martin v. Page
  417 F.2d 309· 10th Cir.· 1969-10-28
  The court held that the prisoner's testimony, if credible, was legally sufficient to support federal relief based on involuntary guilty pleas.
• United States ex rel. Joseph Maniscalco v. LaVALLEE
  417 F.2d 1056· 2d Cir.· 1969-10-21
  The court held that the petitioner was not denied effective assistance of counsel and affirmed the dismissal of his habeas corpus application.
• United States ex rel. Lawrence Condon v. McMANN
  417 F.2d 664· 2d Cir.· 1969-10-17
  The court held that the appellant failed to provide sufficient proof beyond speculation to support his claim of ineffective assistance of counsel at sentencing.
• Chavez v. Wilson
  417 F.2d 584· 9th Cir.· 1969-10-09
  The court held that the record did not conclusively demonstrate that the defendant was entitled to no relief on his habeas corpus petition, requiring a hearing.
• Louie L. Wainwright v. Parker
  226 So. 2d 876· Fla. 2d DCA· 1969-10-03
  The Florida District Court of Appeal reversed a trial court's order requiring the State of Florida to post a $10,000 supersedeas bond in a habeas corpus appeal. The court held that circuit courts lack authority under Florida Appellate Rule 5.12 to require supersedeas bonds from t
• United States ex rel. Vincent Cerullo v. Hon. Harold W. Follette
  416 F.2d 156· 2d Cir.· 1969-10-02
  The court held that the new evidence presented at the second hearing, combined with the existing record, overwhelmingly demonstrated that the confessions were voluntary and that the lower court erred in granting the writ of habeas corpus.