Habeas Corpus

18,793 Florida cases classified under this topic, plus 3,112 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• United States ex rel. Robert G. Antczak v. Superintendent, Downey Veterans Admin. Hosp., N. Chicago, Ill.
  354 F.2d 635· 7th Cir.· 1965-12-29
  The court held that a federal court lacks jurisdiction to issue a writ of habeas corpus when state remedies for challenging a commitment have not been exhausted, even if the person is held in a federal facility.
• McCAFFREY v. Olin G. Blackwell
  354 F.2d 71· 5th Cir.· 1965-12-09
  A defendant resentenced after an earlier sentence was vacated for procedural error is not entitled to have the new sentence run from the original date if it would negate the consequences of parole violations that occurred prior to resentencing.
• Dykes v. State
  180 So. 2d 651· Fla.· 1965-12-08 ·via Writ Of Habeas Corpus
  The Florida Supreme Court denied a habeas corpus petition from a prisoner challenging his conviction, but without prejudice to refile based on a subsequent ruling. The prisoner claimed he did not knowingly waive his right to counsel.
• Rowe v. Zellner
  352 F.2d 974· 5th Cir.· 1965-11-22
  The court held that a conviction, even one later vacated by habeas corpus, is not conclusive evidence of probable cause for malicious prosecution if the conviction was void.
• State of Fla. ex rel. Andrew Jack Baxley v. Boyer
  180 So. 2d 165· Fla. 2d DCA· 1965-11-17
  A Florida appellate court granted a habeas corpus petition filed by a father imprisoned for contempt of the juvenile court for failing to pay child support directly to the court registry, despite evidence that he continuously supported his children through direct provision of car
• Hollis v. Beto
  352 F.2d 550· 5th Cir.· 1965-11-16
  The court held that the district court did not err in denying the writ of habeas corpus as all of appellant's contentions were without merit.
• State v. Buchanan
  27 Fla. Supp. 119· Dade Cty. Cir. Ct.· 1965-11-15
  Peter J. Latino sought a writ of habeas corpus challenging his arrest on a Florida governor's rendition warrant issued at Nevada's request for alleged forgery. The court upheld the validity of the extradition proceedings, finding the Nevada demand and supporting documents satisfi
• United States ex rel. John J. Bower v. Banmiller
  353 F.2d 85· 3d Cir.· 1965-11-12 ·via Federal Habeas Corpus
  The court held that the relator had not exhausted his state remedies regarding the issues raised on appeal.
• State of Fla. ex rel. Richard Duncan Pearson v. Talmadge A. Buchanan
  179 So. 2d 254· Fla. 3d DCA· 1965-10-28
  In this habeas corpus proceeding, the Florida District Court of Appeal reviewed whether a trial judge's increase of bail from $25,000 to $75,000 was constitutional and justified. The court found insufficient justification in the record for the increase and remanded the case for t
• United States ex rel. Joseph Frank Mazewski v. Myers
  359 F.2d 940· 3d Cir.· 1965-10-27
• Farrell v. Buchanan
  26 Fla. Supp. 158· Dade Cty. Cir. Ct.· 1965-10-13
  The court held that the petitioner failed to meet her burden of proving she was not a fugitive from justice, and that the extradition documents were sufficient.
• Haugh v. Craig
  351 F.2d 595· 8th Cir.· 1965-10-13
  The court held that the Mapp exclusionary rule does not apply retroactively to state court convictions that became final before Mapp was decided, as per Linkletter v. Walker.
• Lacklineo v. Tahash
  351 F.2d 58· 8th Cir.· 1965-10-06
  The court held that the district court erred in denying an evidentiary hearing on the appellant's claim that his guilty plea was induced by a promise of probation, as this issue was not decided on its merits by the state courts.
• United States ex rel. Edward F. Thomas v. Pate
  351 F.2d 910· 7th Cir.· 1965-10-05
  The court affirmed the district court's dismissal of the habeas petition.
• Nelson v. Sandritter
  351 F.2d 284· 9th Cir.· 1965-09-28
  The court held that the petitioner's federal constitutional rights were not violated by the initial commitment or the denial of prior habeas corpus petitions, and that he had not exhausted state remedies.
• Ruark v. Tinsley
  350 F.2d 944· 10th Cir.· 1965-09-02
  The court held that the mandate from the U.S. Supreme Court required the Colorado Supreme Court to provide appellate review with counsel, not to grant habeas corpus relief and release the appellant.
• Delbert Chris Clark v. Turner
  350 F.2d 294· 10th Cir.· 1965-08-26
  A federal court will not review the validity of a conviction on one count if the petitioner is validly in custody under a sentence on another count.
• Thornton Smith, Jr. v. Buford Ellington
  348 F.2d 1021· 6th Cir.· 1965-07-30
  The court held that service of process on non-resident defendants was invalid, and that defendants who acted within their official duties were immune from suit.
• State v. Dade Cnty.
  25 Fla. Supp. 181· Dade Cty. Cir. Ct.· 1965-07-22
  The court held that a juvenile detained without a proper hearing is entitled to a hearing that includes specific due process rights, including confrontation of witnesses and appointed counsel if indigent.
• Merritt Neal Stepp, Jr. v. Lutz
  348 F.2d 466· 6th Cir.· 1965-07-14
  The court held that the petitioner was not entitled to a writ of habeas corpus because the state of Ohio did not waive its jurisdiction by allowing federal authorities to take custody of the appellant, nor was he subjected to double jeopardy.
• Dunham v. United States
  348 F.2d 590· 6th Cir.· 1965-07-14
  The court held that count one of the indictment is not invalid for failing to name the transferee.
• Elwood Duncan Taylor v. Louie L. Wainwright
  178 So. 2d 105· Fla.· 1965-07-14 ·via Writ Of Habeas Corpus
  Taylor petitioned for habeas corpus seeking credit for time served under void sentences toward his current sentences for unrelated offenses. The Florida Supreme Court held that time served on void sentences cannot be credited toward sentences for unrelated offenses, relying on pr
• Land v. State
  176 So. 2d 902· Fla.· 1965-06-23 ·via Writ Of Habeas Corpus
  The court held that the petitioner was represented by counsel and his petition for a writ of habeas corpus was without merit.
• Thomas v. The Sheriff OF Jackson Cnty.
  346 F.2d 997· 6th Cir.· 1965-06-11
  The court held that the appellant must exhaust state remedies before seeking federal habeas corpus relief, even if he believes state courts offer no justice.
• Henry v. Henry
  25 Fla. Supp. 70· Dade Cty. Cir. Ct.· 1965-06-10
  A Florida circuit court awarded permanent custody of a 4½-year-old boy to his father, Donald Holt Henry, after finding the mother, Gloria Gliekman, unfit due to her unstable lifestyle, lack of sustained interest in the child, and emotional instability. The court found the child h
• Basil Darnell v. Cameron
  348 F.2d 64· D.C. Cir.· 1965-05-28
• Brown v. Brough
  346 F.2d 149· 4th Cir.· 1965-05-14
  The court held that the petitioner's claim of inadequate counsel based on not being informed of the right to waive a jury trial was without merit.
• United States ex rel. Kenneth Rogers v. Ward Lane
  345 F.2d 357· 7th Cir.· 1965-05-05
  A jury cannot repudiate a legislative act by finding a defendant not guilty of being an habitual criminal when the facts establishing that status have been judicially determined.
• Rhinehart v. State OF N.C.
  344 F.2d 114· 4th Cir.· 1965-03-30
  The court held that a federal district court should generally require exhaustion of state remedies before entertaining a habeas corpus petition, unless extraordinary circumstances exist.
• Coffee v. Louie L. Wainwright
  172 So. 2d 851· Fla. 1st DCA· 1965-03-23
  The Florida District Court of Appeal rejected an indigent death row inmate's request for appointed counsel in a habeas corpus proceeding, holding that such collateral attacks on criminal convictions are civil in nature and thus do not trigger Sixth Amendment right-to-counsel guar
• Whittington v. Cameron
  344 F.2d 564· D.C. Cir.· 1965-03-18
  The court held that the defendant superintendent was not liable for the penalty prescribed by the statute because the actions complained of occurred before he assumed his position.
• Bell v. Anderson
  345 F.2d 99· D.C. Cir.· 1965-03-18
  The court held that the appellant's petition for writ of habeas corpus, alleging denial of a speedy trial, was properly dismissed.
• Postelwait v. Markley
  342 F.2d 677· 7th Cir.· 1965-03-17
  The court held that a district court lacks jurisdiction to entertain a habeas corpus petition attacking a sentence when the petitioner has not first sought relief under 28 U.S.C.A. § 2255 in the sentencing court.
• Dawson v. City OF LOS Angeles
  342 F.2d 986· 9th Cir.· 1965-03-17
  The court held that the state court record was competent evidence in the federal habeas corpus proceeding and that the appellants' claims were not supported by the record.
• State v. Carson
  24 Fla. Supp. 173· Duval Cty. Cir. Ct.· 1965-03-10
  A mother was committed to jail for contempt of court by a juvenile judge for failing to notify authorities of her son's whereabouts, despite a prior verbal order to do so. The circuit court granted her habeas corpus petition, holding that the contempt was indirect rather than dir
• State v. Buchanan
  24 Fla. Supp. 200· Dade Cty. Cir. Ct.· 1965-03-08
  The court held that the extradition papers were in order and the petitioner was subject to rendition, denying the writ of habeas corpus.
• Hanovich v. Maxwell
  342 F.2d 161· 6th Cir.· 1965-03-03
  The court held that the district court correctly dismissed the habeas corpus application without a hearing because it presented no new grounds not previously determined and was groundless as a matter of law.
• Russo v. United States Immigration Commissioner
  342 F.2d 42· 1st Cir.· 1965-03-01
  The court held that the district court lacked subject-matter jurisdiction over the petitioner's claim for a determination of illegal deportation.
• United States v. Lanna Washington
  341 F.2d 277· 3d Cir.· 1965-02-12
  The court held that the district court did not err in dismissing the appellant's motion to withdraw his plea, as the appellant had competently and intelligently waived his right to counsel and understood the charges against him.
• Oran F. Hudspeth v. Tinsley
  341 F.2d 293· 10th Cir.· 1965-02-03
  The court held that the state trial court did not err in finding that the appellant voluntarily and intelligently waived his right to counsel and entered a guilty plea.
• Ryan v. Cir. Court OF the Sixth Jud. Cir.
  171 So. 2d 56· Fla. 1st DCA· 1965-01-26
  The Florida District Court of Appeal, First District, dismissed a petition for a writ of habeas corpus because it lacked jurisdiction to review a decision by the Second District Court of Appeal. The case involved a petitioner seeking to vacate a conviction, whose motion was denie
• Glass v. Markley
  339 F.2d 970· 7th Cir.· 1965-01-11
  The court held that the petitioner was not afforded a proper hearing before his parole was revoked and that the district court erred in denying his habeas corpus petition.
• Moses v. Peyton
  340 F.2d 209· 4th Cir.· 1965-01-08
  The court held that a waiver of counsel is not per se unintelligent or illegal, even if the petitioner claims amnesia at the time of waiver.
• Hodge v. Markley
  339 F.2d 1013· 7th Cir.· 1964-12-30
  The court held that it had the power to issue a writ of habeas corpus as an incident to a pending appeal, but denied the petition.
• Cuddy v. United States
  339 F.2d 172· 9th Cir.· 1964-12-08
  A prisoner cannot complain about receiving credit for time served on a state sentence when the federal sentence was intended to run concurrently. A habeas petition is properly dismissed if the warden is not joined as a party.
• Welch v. Markley
  338 F.2d 561· 7th Cir.· 1964-11-20
  A prisoner is not entitled to a writ of habeas corpus if the writ cannot affect the lawfulness of his current custody, even if subsequent sentences are invalid.
• Watson v. Gaughan
  338 F.2d 659· 1st Cir.· 1964-11-18
  The court held that the inmate's motions for appeal, counsel, and pauper status should be denied due to an inadequate record and failure to exhaust state remedies.
• State v. Buchanan
  24 Fla. Supp. 90· Dade Cty. Cir. Ct.· 1964-11-16
  Mark M. Weiss sought habeas corpus relief challenging his extradition to Ohio on charges of selling unregistered securities through the mail from Florida to Ohio residents. The court held that Florida's extradition statute permits rendition of individuals who commit acts in Flori
• Goss v. Bomar
  337 F.2d 341· 6th Cir.· 1964-10-08
  The court affirmed the denial of the habeas corpus petition because the petitioner had not exhausted his state remedies.
• Watts v. United States
  336 F.2d 999· 9th Cir.· 1964-10-06
  The appeal is dismissed as frivolous because the issues raised have already been decided adversely in a prior case.