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

• Gant v. Kropp
  407 F.2d 776· 6th Cir.· 1969-03-05
  The court held that the district court correctly denied the petitions for writs of habeas corpus, affirming the judgments of conviction.
• LeMAY v. Henderson
  407 F.2d 494· 6th Cir.· 1969-03-05 ·via Writ Of Habeas Corpus
  The court held that the district court's finding of no coercion was supported by substantial evidence and not clearly erroneous. Furthermore, errors in a collateral proceeding do not rise to constitutional proportions.
• United States ex rel. David Whitten v. Pinto
  407 F.2d 852· 3d Cir.· 1969-03-04
  The court held that the district court erred in denying the habeas corpus petition without a full evidentiary hearing, requiring a remand for further proceedings.
• Gilreath v. Eyman
  407 F.2d 811· 9th Cir.· 1969-02-20
  The court held that the trial court's finding of voluntariness of the appellant's statements was adequately supported by the record and that the appellant's decision not to testify at the voluntariness hearing was a strategic choice.
• State of Fla. ex rel. Kenneth G. Burnstine v. Purdy
  219 So. 2d 95· Fla. 3d DCA· 1969-02-18
  The appellate court reversed an order that denied a writ of habeas corpus, finding that the rendition warrant was deficient because it did not accurately reflect the crime charged in the annexed papers. The court held that this deficiency meant the warrant failed to provide adequ
• Silver v. Dunbar
  407 F.2d 1182· 9th Cir.· 1969-01-31
  The appellate court affirmed the district court's denial of the habeas corpus petition, finding no abuse of discretion or error in the lower court's proceedings.
• Alred v. Henderson
  406 F.2d 743· 6th Cir.· 1969-01-28 ·via Writ Of Habeas Corpus
  The court held that the guilty plea was voluntarily entered and affirmed the denial of the habeas corpus petition.
• Pacheco v. Hocker
  406 F.2d 1031· 9th Cir.· 1969-01-23
  The court affirmed the district court's denial of the habeas corpus petition.
• United States ex rel. William Lawrence v. Frye
  406 F.2d 98· 7th Cir.· 1969-01-21
  The court held that claims regarding the suppression of a bullet and the use of perjured testimony merit further inquiry, while claims regarding change of venue, suppression of a top coat, and ineffective counsel were adequately addressed or lacked merit.
• Janovic v. Eyman
  406 F.2d 314· 9th Cir.· 1969-01-16
  The court held that the district court's findings were not erroneous and that the appellant was not deprived of his constitutional rights, affirming the denial of his petition for a writ of habeas corpus.
• State of Fla. ex rel. Robert Earl Miller v. Honorable Louis L. Wainwright
  217 So. 2d 352· Fla. 1st DCA· 1969-01-10
  The Florida District Court of Appeal, First District, granted a writ of habeas corpus, setting aside a petitioner's sentence. The court found the petitioner was not properly notified of his right to appeal or to have counsel appointed, as he was indigent.
• Otten v. Hoyt C. Cupp
  405 F.2d 490· 9th Cir.· 1969-01-02 ·via Federal Habeas Corpus
  The court held that the jury instruction, while containing an imprecise statement about presumptions, did not rise to the level of constitutional error and thus did not deprive the appellant of a fair trial.
• Peeno v. Peeno
  32 Fla. Supp. 117· Lake Cty. Cir. Ct.· 1968-12-20
  A Florida trial court determined custody of a minor child in a habeas corpus proceeding initiated by the father against the mother, who had relocated to Florida with the child pursuant to a Kentucky divorce decree that awarded her custody. The court held it had jurisdiction to de
• Willian Richard Eagen v. Hale
  404 F.2d 350· 5th Cir.· 1968-12-18 ·via Writ Of Habeas Corpus
  The court held that the district court did not err in denying the petition for a writ of habeas corpus.
• Turman v. Beto
  404 F.2d 872· 5th Cir.· 1968-12-16 ·via Federal Habeas Corpus
  The court affirmed the denial of habeas corpus on most grounds but remanded for further state court review on the issue of ineffective assistance of counsel.
• Rosalio B. Montez v. Eyman
  404 F.2d 330· 9th Cir.· 1968-12-10
  The court held that the district judge's finding that Montez knowingly waived his right to appeal was not clearly erroneous, affirming the denial of the writ.
• Christian v. State OF Me.
  404 F.2d 205· 1st Cir.· 1968-12-06
  A jury venire's mere unrepresentativeness does not violate constitutional standards; a showing of discriminatory selection is required.
• MacKENNA v. Avery
  404 F.2d 71· 6th Cir.· 1968-12-06
  Federal courts do not have jurisdiction to review state parole board decisions denying parole.
• Breamfield v. State
  215 So. 2d 731· Fla.· 1968-11-20 ·via Writ Of Habeas Corpus
  The Florida Supreme Court discharged a writ of habeas corpus, finding that the petitioner was attempting to re-litigate a previously denied challenge to a 1954 conviction and sentence. The court noted that the petitioner was currently serving a different, longer sentence and that
• United States ex rel. Howard J. Vivian, Jr. v. Bookbinder
  403 F.2d 156· 3d Cir.· 1968-11-18
  The court held that the trial judge's actions did not constitute a resentencing, but rather a single, final sentence imposed after a pre-sentence investigation.
• Corley v. State OF La.
  403 F.2d 775· 5th Cir.· 1968-11-13
  The Sixth Amendment right to a jury trial, as established in Duncan v. Louisiana, does not apply retroactively to trials that commenced before the Duncan decision date.
• Litton v. Beto
  402 F.2d 474· 5th Cir.· 1968-11-08
• Frazier v. Wainwright
  215 So. 2d 327· Fla. 1st DCA· 1968-11-07
  Willie James Frazier, a 17-year-old inmate, petitioned for a writ of habeas corpus alleging he was denied a jury trial and due process when he was allowed to change his plea from not guilty of rape to not guilty of assault with intent to commit rape, but was then adjudged guilty
• Summers v. Beto
  403 F.2d 712· 5th Cir.· 1968-11-06
  The court held that the petitioner was entitled to an out-of-time appeal for one conviction but not the other.
• Davis v. Ciccone
  402 F.2d 475· 8th Cir.· 1968-11-04
  A federal prisoner must exhaust remedies under 28 U.S.C.A. § 2255 in the sentencing court before seeking habeas corpus relief.
• McDOWELL v. Ciccone
  402 F.2d 257· 8th Cir.· 1968-10-31
  The court held that the defendant's habeas corpus petition was properly dismissed because the issues raised had been previously litigated and resolved, and he failed to show the inadequacy of § 2255 relief in the sentencing court.
• Carroll v. Beto
  402 F.2d 61· 5th Cir.· 1968-10-24
  The court held that the district court's denial of the petition for habeas corpus was correct in point of law and fact.
• Vasco Carrier v. Beto
  402 F.2d 294· 5th Cir.· 1968-10-23 ·via Writ Of Habeas Corpus
  The court held that the appellant's federally protected rights were not denied in the state proceedings or the federal district court.
• Ostrowski v. Burke
  402 F.2d 377· 7th Cir.· 1968-10-18
  The court held that the district court correctly denied the writ of habeas corpus because the petitioner's claims regarding the arrest warrant, statutory penalty, and double punishment were without merit.
• Hildree Oliver v. Middlebrooks
  402 F.2d 781· 5th Cir.· 1968-10-17
  The court held that the district court's denial of habeas corpus relief was correct, affirming the conviction.
• Hoffman v. United States
  403 F.2d 927· D.C. Cir.· 1968-10-15
  The court held that appeals from orders setting conditions of release in extradition cases, after detention by the General Sessions Court, should be directed to the District of Columbia Court of Appeals, not this court.
• Barnes v. State
  402 F.2d 63· 5th Cir.· 1968-10-15
  The court held that the appellant's allegations of a coerced guilty plea and ineffective assistance of counsel were sufficient to warrant a hearing.
• Ira Leonard Brinlee v. Wingate White
  401 F.2d 763· 5th Cir.· 1968-10-11
  The court held that the district court correctly denied the petition for habeas corpus because the appellant intentionally bypassed his state remedy of direct appeal.
• State v. Carvin Clayton
  214 So. 2d 506· Fla. 3d DCA· 1968-10-08
  The Florida District Court of Appeal holds that a trial court retains jurisdiction to set bail for a defendant after granting a new trial, even while that new trial order is pending appeal. The court rejected the trial court's view that it lacked jurisdiction to consider bail app
• Lambert v. Wilson
  401 F.2d 889· 9th Cir.· 1968-10-04
  The court held that the petitioner was not denied effective assistance of counsel and affirmed the denial of his habeas corpus petition.
• Howard v. Hocker
  401 F.2d 502· 9th Cir.· 1968-10-01
  The court held that the appellant's claims of false testimony and prosecutorial knowledge thereof were unsupported by the record, and thus due process was not denied.
• Simmons v. State
  214 So. 2d 69· Fla. 4th DCA· 1968-09-24
  The court held that there was no error in the revocation of probation or the imposition of sentence.
• Arago Leroy Welch v. Crevasse
  214 So. 2d 27· Fla. 1st DCA· 1968-09-10
  Welch appealed the denial of his bail petition in a first-degree murder case, arguing the evidence was insufficient to meet the constitutional standard for denying bail. The court affirmed the denial, finding the evidence of premeditated murder was evident and the presumption gre
• United States ex rel. Kobert Davis v. Maroney
  400 F.2d 85· 3d Cir.· 1968-09-09 ·via Writ Of Habeas Corpus
  The judgment of the district court denying the writ of habeas corpus is affirmed because the petitioner has not exhausted his state remedies.
• Gilyard v. Yeager
  400 F.2d 832· 3d Cir.· 1968-09-04
  The court held that the District Court misapplied the retroactivity of Mapp v. Ohio and remanded for a hearing on whether the conviction was final before Mapp was decided.
• Coleman v. Maxwell
  399 F.2d 662· 6th Cir.· 1968-08-29
  The court held that the petitioner was not deprived of any federal constitutional right, and the District Court's findings were not clearly erroneous.
• Eldridge v. Crouse
  400 F.2d 94· 10th Cir.· 1968-08-23 ·via Federal Habeas Corpus
  The court held that the appellant must exhaust state post-conviction remedies before pursuing federal habeas corpus relief.
• Gillespie v. Peyton
  399 F.2d 683· 4th Cir.· 1968-08-22 ·via Habeas Corpus Petition
  A confession obtained after a suspect requested counsel but was denied an attorney and then misled about the cost of representation is inadmissible.
• State v. Harper
  213 So. 2d 469· Fla. 1st DCA· 1968-08-22
  The State appealed an order quashing an information charging armed robbery, arguing the trial court erred in granting the motion without a proper basis. The appellate court reversed, finding the trial court's action was premature and not supported by the record.
• Carmine DiPAOLO, Jr. v. Yeager
  399 F.2d 72· 3d Cir.· 1968-08-12
  The court held that the trial judge's charge, stating his finding that the confession was voluntary, did not warrant interference with the conviction, despite a preferable procedure outlined in later case law.
• Bonnie v. Gladden
  400 F.2d 547· 9th Cir.· 1968-08-08
  The court held that the district court improperly relied on a probation report and must obtain the state trial transcript to redetermine the habeas corpus petition.
• Porter v. State
  212 So. 2d 828· Fla. 1st DCA· 1968-07-23 ·via Writ Of Habeas Corpus
  Porter sought habeas corpus relief arguing that time served on parole should count toward his 20-year sentence. The Florida District Court of Appeal affirmed that under Florida law, parole time cannot be credited toward a criminal sentence, rejecting Porter's argument that federa
• Smith v. Wilson
  398 F.2d 315· 9th Cir.· 1968-07-10
  The court held that the state prisoner's petition for a writ of habeas corpus was properly denied because he failed to exhaust state remedies for one ground and the other ground was without merit.
• United States ex rel. William Perkins v. Pate
  401 F.2d 9· 7th Cir.· 1968-07-05
  The court held that the petitioners were not denied a fundamentally fair trial or deprived of federal constitutional rights, affirming the district court's denial of habeas corpus.
• Williams v. Louie L. Wainwright
  212 So. 2d 6· Fla.· 1968-06-26
  The Florida Supreme Court addressed a habeas corpus petition concerning whether a petitioner was properly notified that his court-appointed counsel withdrew from his appeal, leading to the appeal's dismissal. The court found factual issues requiring an evidentiary hearing.