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

• Marcelino Perea Velasquez v. Taylor
  336 F.2d 802· 10th Cir.· 1964-10-01
  The court held that the escape sentence was intended to run consecutively to the aggregate of the prior sentences, not concurrently with one of them.
• Sawyer v. Rhay
  340 F.2d 990· 9th Cir.· 1964-09-16
  The court held that the petitioner's claims of unfair trial due to being handcuffed and deprived of basic needs were either without merit or waived.
• Pugh v. State OF N.C.
  336 F.2d 508· 4th Cir.· 1964-09-10
  The court held that the district court erred in denying the petition without a hearing, as the record did not fully address the voluntariness of the confession and adequacy of representation.
• Sheffield v. Brooks
  336 F.2d 835· 5th Cir.· 1964-08-31
• Buchanan v. State of Fla. ex rel. Joseph W. Sanford
  167 So. 2d 42· Fla. 3d DCA· 1964-08-25
  The court held that the trial court erred in discharging the prisoner via habeas corpus based on the warrant affidavits.
• State of Fla. ex rel. Norman Saunders v. Boyer
  166 So. 2d 694· Fla. 2d DCA· 1964-07-10 ·via Writ Of Habeas Corpus
  A sentence of hard labor for criminal contempt is unauthorized by law and void, and can be challenged via habeas corpus.
• Bowler v. Warden, Maryland Penitentiary
  334 F.2d 202· 4th Cir.· 1964-06-10
  The court held that the petitioner's claim of ineffective assistance of counsel regarding the failure to sever the joint trial and the admissibility of his statement due to psychological coercion warrants further inquiry.
• DYE v. Maxwell
  334 F.2d 237· 6th Cir.· 1964-06-05
  The court held that the District Court's dismissal of the habeas corpus petition should be affirmed.
• Turner v. Wainwright
  164 So. 2d 269· Fla. 2d DCA· 1964-05-22 ·via Writ Of Habeas Corpus
  Theodore Turner sought habeas corpus relief and attempted to enforce a court mandate that had allowed him to file an amended motion for relief in his criminal conviction. The trial court denied his amended motion as a successive motion, and Turner sought habeas relief. The appell
• Eli de Paunto v. People OF the State OF Mich.
  332 F.2d 396· 6th Cir.· 1964-05-21
  A prisoner paroled into federal custody is not considered in state custody for the purpose of a state habeas corpus petition.
• United States ex rel. Willie Toler v. Pate
  332 F.2d 425· 7th Cir.· 1964-05-06
  The court held that the petitioner's conviction was not a violation of due process, as the evidence supported the trial court's finding that he was not entrapped.
• Killgore v. Olin G. Blackwell
  332 F.2d 585· 3d Cir.· 1964-05-01
  The district court lacked jurisdiction to vacate a valid original sentence and impose a new one more than 60 days after the original sentencing.
• Wilson v. Anderson
  335 F.2d 687· D.C. Cir.· 1964-04-30
  The court held that the denial of a preliminary hearing, especially without a court reporter when requested by an indigent defendant, may not be deemed waived and can be grounds for habeas corpus relief, even after indictment.
• Smith v. Erickson
  331 F.2d 49· 8th Cir.· 1964-04-17
  The court held that the petitioner's procedural claims regarding the habitual criminal sentencing proceedings did not present a substantial federal question, as the proceedings satisfied the statute and did not result in fundamental unfairness.
• Warden v. Holman
  330 F.2d 524· 5th Cir.· 1964-04-16
  The court held that the appellant's constitutional rights were preserved and his contentions were without merit.
• Shorten v. Markley
  330 F.2d 102· 7th Cir.· 1964-04-08
  The court held that an unexecuted search warrant issued under a statute is not voided by a subsequent amendment to that statute increasing the penalty.
• Montford v. Louie L. Wainwright
  162 So. 2d 663· Fla.· 1964-04-08
  Morris Montford sought habeas corpus relief arguing he deserved credit for time served under a void 15-year sentence toward a subsequent 12-year sentence. The Florida Supreme Court denied relief, holding that time served under sentences for unrelated offenses cannot be credited a
• State of Fla. ex rel. Dan Wilkins & Tommy Lee Williams v. Dewitt Sinclair
  162 So. 2d 661· Fla.· 1964-04-08
  The court held that the petition for writ of habeas corpus was premature because a new rule provided an adequate remedy for collateral attack.
• State v. Sheppard
  22 Fla. Supp. 159· Dade Cty. Cir. Ct.· 1964-03-18
  The court held that the juvenile court had jurisdiction to proceed with a contempt hearing and denied the petition for a writ of prohibition.
• United States ex rel. Mac Tanner v. Pate
  329 F.2d 170· 7th Cir.· 1964-03-03
  The court held that the District Court's orders dismissing the habeas corpus petitions were proper.
• Hutchins v. Dunbar
  328 F.2d 111· 9th Cir.· 1964-01-28
  The court held that the petitioner's claims were frivolous and lacked merit, thus affirming the denial of the petition for a writ of habeas corpus.
• Tompkins v. Nash
  326 F.2d 466· 8th Cir.· 1964-01-23
  The court held that the jury's verdict of 'guilty of rape' was sufficiently clear to support a conviction for forcible rape, given the charge, evidence, and jury instructions.
• Trevino v. The State OF Tex.
  326 F.2d 403· 5th Cir.· 1964-01-15
  The court held that a search warrant is legal if supported by direct evidence presented to the issuing judge, even if the affidavit relies on hearsay.
• Gill v. United States
  325 F.2d 505· 5th Cir.· 1964-01-02
  The court held that the district court did not err in denying the motion to vacate sentence, finding the claims of mental incompetency incredible.
• United States ex rel. John W. Holland v. Murphy
  326 F.2d 191· 2d Cir.· 1963-12-18 ·via Writ Of Habeas Corpus
  The court vacated one denial of habeas corpus and remanded for further proceedings, while denying other applications.
• Child v. Louie L. Wainwright
  159 So. 2d 226· Fla.· 1963-12-18
  Francis Child petitioned for a writ of habeas corpus challenging his conviction after a plea of nolo contendere to theft-related charges, claiming insanity and inadequate representation. The Florida Supreme Court, after appointing a commissioner to take evidence, found no basis f
• State of Fla. ex rel. Rono A. Prince v. Bettner
  158 So. 2d 561· Fla. 3d DCA· 1963-12-13
  A Florida father sought habeas corpus relief to obtain custody of his minor children from their maternal grandparents, who were caring for them in Miami pursuant to a Texas divorce decree awarding custody to the mother. The court held that it lacked jurisdiction to interfere with
• State v. Buchanan
  22 Fla. Supp. 39· Dade Cty. Cir. Ct.· 1963-12-04
  The relator is illegally detained because the arrest was unlawful and the affidavit and complaint were insufficient, rendering the trial void.
• State v. TOM
  22 Fla. Supp. 97· Pinellas Cty. Cir. Ct.· 1963-11-26
  In a habeas corpus proceeding concerning custody of minor children, the court determined that habeas corpus in child custody cases is an equitable action, not a legal one, thereby granting the court jurisdiction to award not only custody but also child support. The court held tha
• William Banks v. Olin G. Blackwell
  324 F.2d 812· 9th Cir.· 1963-11-22
  The court held that a petition for a writ of habeas corpus was not the proper avenue for relief when the alleged constitutional violation occurred in appellate proceedings, as such claims must first be presented to the sentencing court under 28 U.S.C.A. § 2255.
• O'Neill v. Tahash
  324 F.2d 18· 8th Cir.· 1963-11-07
  The court denied the inmate's application for a certificate of probable cause, finding no substantial federal question presented.
• Clark Sumner Cummings v. Bennett
  324 F.2d 1· 8th Cir.· 1963-11-07
  The court held that the petitioner's claim of double jeopardy was without merit because the state court's amendment to the commitment order merely changed the place of confinement, not the substance of the punishment.
• United States ex rel. Ora Lee Rogers v. The Honorable James H. Davis
  323 F.2d 653· 5th Cir.· 1963-10-25
  A federal court need not require a state prisoner to repetitiously seek relief from state courts if the same federal constitutional issues have already been decided against him.
• Bagley v. Wash. State Bd. of Prison Terms & Paroles
  323 F.2d 510· 9th Cir.· 1963-10-09 ·via Writ Of Habeas Corpus
  The court held that the information sufficiently charged grand larceny and that the appellant intelligently waived his right to counsel.
• United States ex rel. Eugene Scott, Jr. v. The Honorable James H. Davis
  323 F.2d 663· 5th Cir.· 1963-10-03
  A hearing must be granted on a habeas corpus petition if its factual allegations are not denied by the state.
• In re Internal Gov't of the Dist. Court of Appeal
  156 So. 2d 896· Fla. 1st DCA· 1963-10-03
  This case concerns a rule adopted by the Florida District Court of Appeal, First District, to waive filing fees for notices of appeal from orders on motions for relief under Criminal Procedure Rule No. 1. The court established this rule under its inherent power to govern its inte
• United States ex rel. Robert L. Brown v. Commonwealth of Pa.
  323 F.2d 53· 3d Cir.· 1963-09-24
  The district court's denial of the habeas corpus petition is affirmed because the appellant has not exhausted his state remedies for the alleged alteration of his sentence expiration date.
• Doyon v. Robbins
  322 F.2d 486· 1st Cir.· 1963-09-06
  The court held that the petitioner was not entitled to an evidentiary hearing in federal habeas corpus because the material facts regarding his confession's voluntariness were fully developed in state court proceedings.
• United States ex rel. Joseph Rinaldi v. State OF NEW Jersey
  321 F.2d 885· 3d Cir.· 1963-08-26 ·via Writ Of Habeas Corpus
  The court held that a writ of habeas corpus cannot be used to challenge the legality of a sentence that a prisoner may be required to serve at some future time.
• Weston v. The Judges OF the United States Dist. Court FOR the Dist. OF Minn.
  321 F.2d 278· 8th Cir.· 1963-08-23
  The court held that a federal prisoner seeking to challenge his conviction or sentence must do so via a motion to vacate under 28 U.S.C.A. § 2255, not a habeas corpus petition.
• Wiesenthal v. United States
  322 F.2d 231· 9th Cir.· 1963-08-20
  The unexpired term of a federal sentence for a parole violator does not begin to run until the prisoner is returned to federal custody, even if serving a state sentence concurrently.
• Smith v. Gladden
  321 F.2d 816· 9th Cir.· 1963-08-13
  The court held that the Oregon statute is not unconstitutionally vague.
• In re Internal Gov't of the Dist. Court of Appeal
  156 So. 2d 655· Fla. 2d DCA· 1963-08-12
  The Florida District Court of Appeal adopted a rule waiving filing fees for notices of appeal from orders on motions for relief under Criminal Procedure Rule No. 1, regardless of the appellant's financial status. This rule aims to facilitate access to appellate review for indigen
• Dixon v. State
  155 So. 2d 632· Fla. 2d DCA· 1963-08-09
  Thelma Dixon appealed her contempt conviction for obtaining the unauthorized release of her daughter from the Florida State Industrial School for Girls. The court held that once her daughter was physically committed to the industrial school, custody was regulated by statute and v
• United States ex rel. Robert Morton v. Honorable James McDONALD
  321 F.2d 540· 2d Cir.· 1963-07-29
  The court held that a claim challenging the validity of a conviction in another state cannot be raised in the asylum state via habeas corpus.
• Anthon Jay Rodgers v. Bennett
  320 F.2d 83· 8th Cir.· 1963-07-23
  The court held that the district court erred in dismissing the habeas corpus petition without a hearing, as the appellant's sworn affidavit now presented factual issues that could entitle him to relief.
• Armstrong v. United States
  320 F.2d 330· 6th Cir.· 1963-07-19
  The court held that the trial court was not required to hold a hearing on the current petition because it contained no substantially different allegations from a prior denied petition.
• White v. Ward Lane
  321 F.2d 298· 7th Cir.· 1963-07-17
  The court held that the district court erred in denying habeas corpus relief, as the petitioner's indigency rendered Indiana's appellate process constitutionally deficient.
• Arnold v. Cochran
  154 So. 2d 692· Fla.· 1963-06-21
  The Florida Supreme Court, following a mandate from the U.S. Supreme Court, found that a habeas corpus petition, if proven, alleged grounds for post-conviction relief. The court declined to issue the writ but allowed the petitioner to proceed under Florida Criminal Procedure Rule
• United States ex rel. James Morrison v. LaVALLEE
  319 F.2d 37· 2d Cir.· 1963-06-19
  The court held that the relator's application for a writ of habeas corpus was properly denied without a hearing because the trial record contradicted his allegations of coerced confessions.