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

• Richardson v. Louie L. Wainwright
  416 F.2d 1246· 5th Cir.· 1969-10-01
  The court held that the district court did not err in denying the petition for habeas corpus relief.
• Ladd v. State OF S.C.
  415 F.2d 870· 4th Cir.· 1969-09-24
  The court held that an improper contact with a juror, even if presumptively prejudicial, did not require a new trial when the contact was favorable to the defendant and the trial judge's subsequent instructions were proper and did not cause prejudice.
• Stabile v. Lamb
  416 F.2d 458· 9th Cir.· 1969-09-19
  The court held that the appellant's Sixth Amendment right to a speedy trial was not violated.
• Ginter v. Wilson
  416 F.2d 1248· 9th Cir.· 1969-09-18
  The court held that the trial court's findings were not clearly erroneous and affirmed the denial of habeas corpus relief.
• Bryan v. Pope
  416 F.2d 21· 9th Cir.· 1969-09-17
  The court held that the record did not clearly demonstrate a knowing and intelligent waiver of counsel, requiring an evidentiary hearing.
• Weston v. Henderson
  415 F.2d 343· 6th Cir.· 1969-09-12 ·via Writ Of Habeas Corpus
  A guilty plea entered without counsel violates the Sixth Amendment right to counsel, and the Gideon v. Wainwright decision applies retroactively.
• Lynch v. Field
  415 F.2d 776· 9th Cir.· 1969-09-05
• Pagnotta v. Heyd
  415 F.2d 766· 5th Cir.· 1969-08-27
  The court held that the district court never had the opportunity to rule on the merits of the habeas petition, thus appellate review was not yet possible.
• Young v. McGEE
  415 F.2d 473· 9th Cir.· 1969-08-22
  The court held that the prisoner's complaint was properly dismissed because it failed to state a claim for damages and improperly attempted to circumvent habeas corpus procedures.
• Shepherd v. Wingo
  414 F.2d 274· 6th Cir.· 1969-08-14
  The court held that the allegations that a deputy sheriff who testified against the appellant was placed in charge of the jury were insufficient to show a violation of due process.
• Anderson v. Gladden
  416 F.2d 447· 9th Cir.· 1969-08-06
  The court affirmed the District Court's denial of habeas corpus relief, finding its factual and legal determinations to be correct.
• United States ex rel. Robert J. Ward v. Mancusi
  414 F.2d 87· 2d Cir.· 1969-07-24
  The court held that the statements made by the appellant were voluntary, despite the circumstances, and affirmed the denial of his habeas corpus petition.
• Stewart v. Louie L. Wainwright
  225 So. 2d 410· Fla.· 1969-07-23
  The Florida Supreme Court discharged a writ of habeas corpus for a petitioner serving a manslaughter sentence, finding that his claim regarding the violation of his rights as an unmarried minor had not been properly raised and considered in the lower courts. The court directed hi
• Myron v. Louie L. Wainwright
  225 So. 2d 351· Fla. 1st DCA· 1969-07-22
  The court held that custodial treatment imposed for violating prison rules does not constitute cruel and unusual punishment.
• Murry Porter v. Wingate M. White
  412 F.2d 228· 5th Cir.· 1969-07-16
  The court held that the district court did not err in denying the petition for habeas corpus relief.
• Swan v. Young
  413 F.2d 991· 8th Cir.· 1969-07-10
  The federal district courts correctly denied relief because the prisoners failed to exhaust their state remedies.
• Wadley v. People OF the State OF Cal.
  413 F.2d 296· 9th Cir.· 1969-07-03
  The district court had jurisdiction to hear the habeas corpus petition, and the petitioner's claims regarding witness testimony lack merit.
• Jackson v. Beto
  412 F.2d 771· 5th Cir.· 1969-06-30
  The court held that cumulative sentences are not void for indefiniteness and that the appellant was not denied counsel.
• Thomas v. Crevasse
  415 F.2d 550· 5th Cir.· 1969-06-26
• Dickerson v. State OF Ala.
  412 F.2d 1183· 5th Cir.· 1969-06-25
  The court held that the district court was justified in denying the habeas corpus petition without an evidentiary hearing, as the state court provided a full and fair hearing with sufficient evidence.
• DuRAIN v. Wingo
  412 F.2d 852· 6th Cir.· 1969-06-19
  The court held that a conviction based on a guilty plea, where the alleged victim's affidavit contradicts the robbery charge, warrants a hearing to determine if federal constitutional rights were violated.
• Petition of Aaron Barr for a Writ of Habeas Corpus v. Weise
  412 F.2d 338· 2d Cir.· 1969-06-16
  The court held that the Army's denial of discharge was improper given the petitioner's subsequent ordination as a minister and the court's recognition of Scientology as a religion for the purposes of the case.
• United States ex rel. Harvey Robinson v. Rundle
  411 F.2d 595· 3d Cir.· 1969-06-11
  The appeal is moot because the Pennsylvania Supreme Court has denied the defendant's final appeal, rendering the issue of bail irrelevant.
• Cranston Carr v. Simpson
  412 F.2d 838· 5th Cir.· 1969-06-05
  A federal district court should not grant a writ of habeas corpus if state remedies are unexhausted, but may hold the application in abeyance.
• United States ex rel. Robert Stokes v. Rundle
  411 F.2d 609· 3d Cir.· 1969-06-02
  The court held that the District Court's finding that the appellant's confession was voluntary was sound and right.
• Still v. Fitzharris
  413 F.2d 977· 9th Cir.· 1969-05-29
  The court held that the state courts should be given an opportunity to consider the appellant's claims regarding ineffective assistance of counsel and the admissibility of co-defendant statements in light of new precedent.
• Maisonave v. Louie L. Wainwright
  411 F.2d 1014· 5th Cir.· 1969-05-27
  The court held that the district court correctly denied the petition for habeas corpus without an evidentiary hearing.
• Walker v. Wheeler
  411 F.2d 468· 6th Cir.· 1969-05-27
  The court held that the district court erred in denying habeas corpus relief based on concurrent sentences, as a subsequent Supreme Court decision overruled the precedent relied upon.
• Clark v. Nelson
  411 F.2d 790· 9th Cir.· 1969-05-26
  The court held that the prosecutor's comment on the defendant's failure to testify, coupled with the jury instruction, violated the defendant's Fifth Amendment rights.
• Harrison Jolly v. Crouse
  411 F.2d 808· 10th Cir.· 1969-05-26
  The federal court correctly dismissed the habeas corpus petition without a hearing, deferring to the state court's findings.
• State of Fla. ex rel. Charles L. Baldwin v. Captain Alsbury
  223 So. 2d 546· Fla.· 1969-05-21
  In this habeas corpus case, the Florida Supreme Court held that a municipal court lacked power to indefinitely suspend a sentence in exchange for a defendant's promise to leave town, and that reinstatement of the original sentence after the statutory maximum period had expired vi
• Miller v. J. E. "Bill" Decker
  411 F.2d 302· 5th Cir.· 1969-05-02
  A state may enact legislation permitting the extradition of a person not physically present in the demanding state at the time of the alleged offense, as federal constitutional and statutory provisions are not exclusive and do not impliedly prohibit such state action.
• Ozzie Wilson Brown v. Purdy
  222 So. 2d 239· Fla. 3d DCA· 1969-04-29
  Brown appeals the denial of his habeas corpus petition challenging his extradition to South Carolina under an executive rendition warrant. The court holds that an escaped convict qualifies as a "fugitive from justice" subject to extradition even without a pending criminal charge
• United States ex rel. Charles Nelson v. Pinto
  409 F.2d 842· 3d Cir.· 1969-04-28
  The court held that the appeal from the denial of habeas corpus relief was frivolous.
• Herring v. People OF the State OF Cal.
  411 F.2d 604· 9th Cir.· 1969-04-28
  A federal court must have the full state court record to review constitutional claims and apply federal law independently.
• Abbott v. Beto
  409 F.2d 1324· 5th Cir.· 1969-04-24
  The court held that the confession was voluntary under the totality of the circumstances and therefore admissible.
• Marchese v. United States
  411 F.2d 410· 9th Cir.· 1969-04-23 ·via Writ Of Habeas Corpus
  The court held that the Supreme Court's decision in Katz v. United States should not be applied retroactively to the appellant's case.
• Zide v. State
  410 F.2d 394· 5th Cir.· 1969-04-21
  The court held that the case is moot because the Supreme Court denied certiorari, precluding consideration of the merits.
• Floyd v. State
  221 So. 2d 433· Fla. 2d DCA· 1969-04-18
  The Florida appellate court affirmed the denial of a habeas corpus petition filed by an inmate seeking a speedy trial in Kansas. The court held that Florida courts lack jurisdiction to compel another state to bring a prisoner to trial.
• Chase v. Robbins
  408 F.2d 1350· 1st Cir.· 1969-04-16
  The court held that the petitioner failed to prove he was without counsel at his arraignment, and his claims of ineffective assistance were either unsubstantiated or raised too late.
• State v. Stack
  33 Fla. Supp. 64· Broward Cty. Cir. Ct.· 1969-04-10
  Petitioners LaFratta and Fury challenged their convictions for selling a motor vehicle with a removed manufacturer's serial number by habeas corpus, arguing the information was fatally defective and void. The court granted the writs, finding the information failed to adequately i
• Radant v. Burke
  409 F.2d 482· 7th Cir.· 1969-04-09
  The court held that the Wisconsin Department of Public Welfare had statutory authority to grant parole to meet an out-of-state detainer, and this action did not result in a loss of jurisdiction over the prisoner.
• United States ex rel. Flossie Bullock v. Warden, Westfield State Farm FOR Women
  408 F.2d 1326· 2d Cir.· 1969-04-04
  The court held that a guilty plea induced by a defense attorney's erroneous sentence estimate, rather than a promise or coercion by the court, is not involuntary under the Due Process Clause.
• Earnest Hall v. Louie L. Wainwright
  221 So. 2d 211· Fla. 1st DCA· 1969-04-03
  This case involves a petition for a writ of habeas corpus where the petitioner claimed his court-appointed counsel refused to take an appeal and failed to inform him of his right to counsel on appeal. The court appointed a commissioner to investigate, who held a hearing. Ultimate
• Blocker v. Kramek
  33 Fla. Supp. 1· Broward Cty. Cir. Ct.· 1969-03-31
  A Florida circuit court upheld a Maryland custody decree awarding custody of a four-year-old daughter to her father after the mother filed to modify the decree. The court found that the father was the more fit parent and that no change in circumstances justified disturbing the Ma
• Lamoureux v. Commonwealth OF Mass.
  412 F.2d 710· 1st Cir.· 1969-03-20
  The court held that a trial judge's refusal to hear a defendant's reasons for discharging counsel mid-trial, absent a showing of prejudice outweighing disruption, is not an abuse of discretion.
• Leoncio Pagan Cancel v. Delgado
  408 F.2d 1018· 1st Cir.· 1969-03-20
  The court held that the petitioner's prior conviction was not subject to collateral attack based on the cited Supreme Court precedents, as the preliminary hearing was not a critical stage requiring counsel.
• Carlton Thornhill v. Peyton
  420 F.2d 477· 4th Cir.· 1969-03-11
  The district court erred in dismissing the habeas corpus petition without a full review of the state trial record concerning the petitioner's competency to stand trial.
• Murray v. Commonwealth OF Pa.
  408 F.2d 498· 3d Cir.· 1969-03-06
  The court held that the district court properly denied the appellant's petition, as he failed to exhaust state remedies and delays were caused by his own requests.
• Downie v. Burke
  408 F.2d 343· 7th Cir.· 1969-03-06
  The court held that even if the prosecutor's remarks were improper, they were not so inflammatory as to deny the petitioner a fair trial or violate his constitutional rights.