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

• Henderson v. Dutton
  397 F.2d 375· 5th Cir.· 1968-06-24
  The court held that the appellant had not exhausted available state remedies under the new Georgia Habeas Corpus Act of 1967, requiring further evidentiary hearings in state court.
• United States ex rel. Eugene Clawson v. Rundle
  396 F.2d 778· 3d Cir.· 1968-06-14
  The court held that the introduction of evidence concerning prior auto larceny convictions, solely for the purpose of affecting credibility, was not prejudicial to the defendant's rights.
• United States ex rel. Ronald Futia v. Reincke
  397 F.2d 778· 2d Cir.· 1968-06-05
  The appellate court affirmed the district court's dismissal of the habeas corpus petition.
• Criswell v. Comstock
  396 F.2d 857· 9th Cir.· 1968-06-04
  The court held that the searches and seizures were lawful because they were incidental to arrests made with probable cause under both state and federal law.
• United States ex rel. George John Ellis v. State OF Ill.
  395 F.2d 689· 7th Cir.· 1968-05-27
  A state may take a prisoner into custody for a state parole violation, even if the prisoner is on parole from a federal conviction.
• Reeves v. Wilson
  395 F.2d 435· 9th Cir.· 1968-05-21
  The court held that the appellant's counsel's actions, though seemingly detrimental, were part of a considered strategy to minimize the penalty and thus did not constitute ineffective assistance of counsel.
• Saldana v. Beto
  394 F.2d 827· 5th Cir.· 1968-05-17
  The court held that the search and seizure of marijuana were lawful, even if the arrest occurred simultaneously with or after the search, because officers had probable cause to believe the automobile contained contraband.
• United States ex rel. Ramon Rivera v. Follette
  395 F.2d 450· 2d Cir.· 1968-05-16
  The court held that the state court's denial of the appellant's motion to withdraw his guilty plea was not erroneous, and thus the federal court was not required to hold an evidentiary hearing on his habeas corpus petition.
• United States ex rel. Shaykh Muhammad Ali Hasan v. Gernert
  395 F.2d 193· 3d Cir.· 1968-05-07
  A state prisoner is entitled to a federal habeas corpus hearing if state corrective processes are unavailable or ineffective, even if appeals were untimely due to circumstances beyond the prisoner's control.
• Moore v. Crouse
  393 F.2d 489· 10th Cir.· 1968-04-29
  The court held that the prisoner's parole did not unconstitutionally defeat his right to appeal, and the state court's dismissal of the appeal as moot was not a violation of federal rights.
• State v. Michell
  30 Fla. Supp. 106· Broward Cty. Cir. Ct.· 1968-04-22
  William Sherwood, arrested in Florida as a fugitive wanted for auto larceny in Georgia, challenged his extradition through habeas corpus. The court granted the petition and discharged him, finding that the Georgia affidavit supporting the extradition warrant failed to comply with
• Robinson v. Henderson
  391 F.2d 933· 6th Cir.· 1968-04-10
  The court affirmed the district court's denial of the habeas corpus petition.
• Conner v. Beto
  393 F.2d 485· 5th Cir.· 1968-04-09
  The court held that the appellant's guilty pleas were knowingly and voluntarily made with effective assistance of counsel, and thus the petition for a writ of habeas corpus was properly denied.
• Application of Roy L. Shapiro for a Writ of Habeas Corpus. United States
  392 F.2d 397· 3d Cir.· 1968-04-04
  A member of a local draft board who disqualifies himself from a registrant's case cannot be counted towards the quorum for that case's decision.
• Wooliver v. Henderson
  391 F.2d 712· 6th Cir.· 1968-03-20
  The court held that admitting prior convictions for an habitual criminal charge before the jury hearing the primary charge does not violate the federal constitution.
• LeCOMPTE v. Honorable Dale Carson
  208 So. 2d 106· Fla. 1st DCA· 1968-03-14
  The appellate court held that the peculiar circumstances found by the Supreme Court in a co-defendant's case also applied to the appellant, entitling him to bail.
• Redmon v. Beto
  391 F.2d 600· 5th Cir.· 1968-03-06
  The court held that the district court's denial of habeas corpus relief was supported by the record and affirmed the judgment.
• United States ex rel. James Whiting v. Rundle
  389 F.2d 47· 3d Cir.· 1968-02-07
• Anders v. Eyman
  388 F.2d 550· 9th Cir.· 1968-01-05
  The court held that federal habeas corpus relief is not available when state prisoners have not first attempted to seek post-conviction relief in state courts.
• Stanley v. Avery
  387 F.2d 637· 6th Cir.· 1968-01-04
  The court held that the Declaratory Judgment Act cannot be used as a substitute for other established legal remedies and that the district judge correctly interpreted the relevant Tennessee statutes.
• Padgett v. Louie L. Wainwright
  387 F.2d 387· 5th Cir.· 1967-12-28
  The court held that the district court's denial of habeas corpus relief was proper because the appellant's confession was voluntarily made.
• Turner v. Henderson
  387 F.2d 125· 6th Cir.· 1967-12-27
  The court held that the district court's findings of fact were not clearly erroneous and affirmed the denial of the habeas corpus petition.
• Silva v. Beto
  387 F.2d 369· 5th Cir.· 1967-12-26
  The court held that the appellant's guilty pleas were voluntary and that he had no federally protected right to a jury trial.
• Parks v. Purdy
  205 So. 2d 24· Fla. 3d DCA· 1967-12-12
  The court held that a legal issue not presented to the trial court cannot be raised for the first time on appeal.
• ORR v. United States
  386 F.2d 988· D.C. Cir.· 1967-11-29
  The court denied the petition for reconsideration en banc, but appointed counsel to represent the petitioner for the purpose of filing an amended motion under 28 U.S.C. § 2255 in the District Court.
• United States v. Common Pleas Court OF Philadelphia
  385 F.2d 401· 3d Cir.· 1967-11-16
  The court held that the district court correctly denied the writ of habeas corpus because the appellant's failure to object to evidence was a deliberate trial strategy.
• Mitchell v. State
  203 So. 2d 676· Fla. 1st DCA· 1967-11-09
  The Florida District Court of Appeal affirmed the trial court's denial of a successive motion to vacate judgment and sentence, finding that the appellant's postconviction claims had already been decided adversely in prior proceedings and were barred by res judicata.
• United States ex rel. Charles R. FOX v. Maroney
  385 F.2d 839· 3d Cir.· 1967-11-08
  The court held that while the district court erred in admitting a state judge's letter after the hearing, the petitioner's claims were ultimately without merit upon independent review.
• Application of Francis Hutchins
  385 F.2d 486· 3d Cir.· 1967-10-31
  The court held that the warrantless search incidental to arrest and the failure to arraign did not violate federal constitutional rights.
• Gaylon Wicker v. McCALL
  203 So. 2d 342· Fla. 2d DCA· 1967-10-27
  Sentences for offenses consolidated for disposal must be served concurrently unless the court expressly directs otherwise.
• Valigura v. Beto
  384 F.2d 358· 5th Cir.· 1967-10-26
  The court held that the appellant was not denied his constitutional right to counsel of his choice.
• Rocke Durham v. Lenox Williams
  202 So. 2d 856· Fla. 1st DCA· 1967-10-05
  This case involves a juvenile detained without lawful authority due to the Juvenile Court's failure to comply with statutory hearing requirements. The appellate court granted a writ of habeas corpus, vacating the commitment order and ordering the juvenile's release.
• Shear v. Otto C. Boles
  391 F.2d 609· 4th Cir.· 1967-10-05
  The court held that increasing a prisoner's sentence after a retrial violates constitutional guarantees.
• Benny P. Martinez v. Patterson
  382 F.2d 1002· 10th Cir.· 1967-10-04
  The federal court correctly dismissed the habeas corpus petition because the state prisoner had not exhausted his available state court remedies.
• Ward v. State
  202 So. 2d 845· Fla.· 1967-10-04 ·via Writ Of Habeas Corpus
  The Florida Supreme Court discharged a writ of habeas corpus, denying a prisoner's request for release. The court found that the prisoner's attorney was properly notified of the denial of a motion to vacate sentence, and the prisoner himself was aware of the appeal period, yet no
• Kanewske v. Nitze
  383 F.2d 388· 9th Cir.· 1967-09-26
  The appeals are dismissed as moot because the appellant has completed his sentence, been released from custody, and discharged from service, rendering the habeas corpus petitions moot.
• Christoforo Ramon Vialpando v. Patterson
  382 F.2d 588· 10th Cir.· 1967-09-19
  The court held that the district court properly denied the petition for habeas corpus because it lacked the power to discharge the prisoner from custody.
• Lugo v. Gladden
  382 F.2d 957· 9th Cir.· 1967-09-06
  The court held that the appellant waived his right to a hearing outside the jury's presence regarding the voluntariness of his confession, and that his confession was voluntary, thus affirming the denial of his habeas corpus petition.
• Stanfield v. Swenson
  381 F.2d 755· 8th Cir.· 1967-09-06
  The court held that the second sentence commenced upon the commutation of the first sentence, not on the date specified by the sentencing court.
• Loyd A. Grant v. The State OF Okla. & Ray H. Page
  382 F.2d 270· 10th Cir.· 1967-08-21
  The court held that the appellant received effective assistance of counsel, as the representation was not so lacking as to make the trial a mockery, sham, or farce.
• Honorable George E. Leppig v. Green
  201 So. 2d 803· Fla. 3d DCA· 1967-08-15 ·via Writ Of Habeas Corpus
  The Florida District Court of Appeal affirmed a circuit court's decision to discharge a petitioner from custody via habeas corpus. The circuit court had found that the informations charging the petitioner with offenses were void for failing to charge any crime under Florida law.
• Jarvis v. United States
  381 F.2d 712· 9th Cir.· 1967-08-08 ·via Habeas Corpus Relief
  The court held that the defendant voluntarily waived his right to appeal, and therefore, claims of trial error are not grounds for relief under 28 U.S.C. § 2255.
• Beauchamp v. State
  201 So. 2d 582· Fla. 1st DCA· 1967-08-01 ·via Writ Of Habeas Corpus
  The appellate court dismissed a motion to vacate judgment and sentence filed directly with it for lack of jurisdiction and denied a habeas corpus petition, affirming the lower court's judgment. The court found no reversible error in the appeal.
• Little v. Gladden
  381 F.2d 359· 9th Cir.· 1967-07-28
  The court held that resentencing a prisoner to life imprisonment for a forged check offense, after a prior void life sentence was imposed under the habitual criminal statute, did not violate the Double Jeopardy Clause as it corrected a technical sentencing error.
• Isidoro Cotto Rolon v. State
  201 So. 2d 541· Fla.· 1967-07-26
  The Florida Supreme Court addressed whether Criminal Procedure Rule I appeals must be filed within 60 or 90 days. The Court held that appeals from orders denying Rule I relief filed after June 29, 1965 must be brought within 60 days, establishing a prospective rule change that ap
• Franklin v. Louie L. Wainwright
  381 F.2d 322· 5th Cir.· 1967-06-29
  A voluntary and understanding plea of nolo contendere, entered on advice of counsel, is conclusive as to guilt and waives all non-jurisdictional defects in prior proceedings.
• Lembke v. Field
  380 F.2d 383· 9th Cir.· 1967-06-28
  The court held that the district court did not abuse its discretion in denying the habeas corpus petition for failure to exhaust state remedies.
• Guster Salton v. Beto
  380 F.2d 25· 5th Cir.· 1967-06-26
  The court held that a guilty plea is not unconstitutionally coerced when the prosecutor offers to reduce charges and recommend concurrent sentences, even if the defendant fears a harsher sentence.
• Qualls v. Lake F. Russell
  379 F.2d 314· 6th Cir.· 1967-06-23
  The district court was justified in denying the habeas corpus petition without a hearing because the state court's prior evidentiary hearing fully complied with federal requirements.
• Hancock v. Sheriff Bill Decker
  379 F.2d 552· 5th Cir.· 1967-06-20
  The court held that the Texas courts' interpretation of their theft statute was not unreasonable or arbitrary, and thus affirmed the denial of habeas corpus.