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

• Rice v. Louie L. Wainwright
  154 So. 2d 693· Fla.· 1963-06-19
  The court held that the habeas corpus petition must be dismissed because the petitioner is no longer in custody.
• Vito Palma v. Immigr. & Naturalization Serv.
  318 F.2d 645· 6th Cir.· 1963-06-15
  The court held that a 1937 deportation order, which was executed and not challenged for 25 years, is not subject to collateral attack in subsequent proceedings, even if procedural irregularities are alleged. The court also affirmed the denial of a writ of habeas corpus.
• Alford v. Louie L. Wainwright
  153 So. 2d 817· Fla.· 1963-05-29
  Petitioner sought habeas corpus relief challenging his guilty plea, alleging he was denied appointed counsel despite his youth, indigency, and lack of education. The Florida Supreme Court issued the writ before the landmark Gideon decision and remanded for fact-finding on whether
• Alton Mitchell v. Louie L. Wainwright
  155 So. 2d 868· Fla.· 1963-05-15
  Mitchell petitioned for habeas corpus relief in the Florida Supreme Court, claiming denial of counsel at trial. The Court held that Mitchell must first exhaust available post-conviction remedies, including direct appeal in the District Court of Appeal, before the Supreme Court wi
• Application of Audrey I. Cutting
  316 F.2d 516· 8th Cir.· 1963-04-26 ·via Writ Of Habeas Corpus Ad Subjiciendum
  The court held that a petition for a writ of habeas corpus cannot be used as a general search warrant for a missing person, and the appeal from the denial of such a petition is legally frivolous.
• Charles v. Cochran
  152 So. 2d 472· Fla.· 1963-04-24 ·via Writ Of Habeas Corpus
  Ernest Clyde Charles petitioned for habeas corpus, challenging his conviction for murdering his wife on the ground that he was insane at the time of the killing and at sentencing. The Florida Supreme Court upheld the Commissioner's finding that Charles was sane at both times and
• United States ex rel. James A. Compton v. Wilkins
  315 F.2d 865· 2d Cir.· 1963-04-18
  The court affirmed the grant of a writ of habeas corpus, finding sufficient evidence that the relator was prejudiced by the denial of counsel during his Pennsylvania guilty plea.
• Crow v. United States
  316 F.2d 207· 8th Cir.· 1963-04-17
  The court held that the appeal should be docketed and considered on its merits, rather than summarily dismissed as frivolous.
• Mezzatesta v. Anderson
  316 F.2d 157· 3d Cir.· 1963-04-15
  The court held that the case should be remanded to the District Court to reconsider the habeas corpus petition in light of the Supreme Court's decision in Fay v. Noia, which overruled prior precedent on the exhaustion of state remedies.
• Lott v. Heyd
  315 F.2d 350· 5th Cir.· 1963-04-04
  The court held that even if a state misbehaves in holding a fugitive beyond the statutory period, it does not violate federal rights or deprive another state of its constitutional right to extradition.
• State v. Boggs
  151 So. 2d 456· Fla. 2d DCA· 1963-03-29
  A judgment of contempt for false swearing is void if the court lacks judicial knowledge of the falsity of the statements.
• United States v. Keenan
  316 F.2d 264· 3d Cir.· 1963-03-19
  The court held that the district court's denial of the writ of habeas corpus was justified, affirming the judgment.
• State of Fla. ex rel. Norbert FOX v. Webster
  151 So. 2d 14· Fla. 3d DCA· 1963-03-12
  A Florida appellate court affirmed a trial court's decision to deny a father's habeas corpus petition seeking custody of his two minor children, holding that Florida courts must determine custody based on the children's best interests and welfare rather than according full faith
• United States ex rel. L. B. Binion v. Ryan
  314 F.2d 389· 3d Cir.· 1963-02-18
  The court held that the appellant was not entitled to credit on his sentence for the periods he sought, as these periods were either previously adjudicated or he used them to seek further relief rather than to serve his sentence.
• United States ex rel. v. Pate
  314 F.2d 458· 7th Cir.· 1963-02-14
  The court held that the district court's denial of the habeas corpus petition was proper because the petitioner failed to demonstrate a denial of federal constitutional rights in the state court proceedings.
• Mason v. Dunbar
  317 F.2d 358· 9th Cir.· 1963-02-13 ·via Writ Of Habeas Corpus
  The court held that a federal court is bound by a state's interpretation of its own laws, and that no substantial federal question was presented.
• Moore v. Allan Armstrong, M.D.
  149 So. 2d 36· Fla.· 1963-01-23
  The court held that the petitioner's confinement was lawful under the statute, and his allegations of improper treatment were unsubstantiated.
• Harrington v. Louie L. Wainwright
  148 So. 2d 260· Fla.· 1963-01-04 ·via Writ Of Habeas Corpus
  Harrington seeks habeas corpus relief from two consecutive sentences for issuing worthless checks. The Florida Supreme Court held that while his first sentence was valid, the second sentence was void because the court lacked jurisdiction to try him for a misdemeanor, entitling hi
• Beck v. Louie L. Wainwright
  147 So. 2d 515· Fla.· 1962-12-19
  Frank Frederick Beck petitioned for habeas corpus claiming he was denied appointed counsel in his armed robbery trials. The Florida Supreme Court held that under Florida law and the Fourteenth Amendment, Beck was not entitled to appointed counsel in non-capital cases absent excep
• Knox v. Louie L. Wainwright
  147 So. 2d 518· Fla.· 1962-12-18
  The Florida Supreme Court discharged a prisoner from custody because his sentence exceeded the statutory maximum, even after accounting for good time calculations. The court found the initial sentence was illegal and the prisoner had served the maximum allowable time.
• State v. Bettner
  21 Fla. Supp. 4· Dade Cty. Cir. Ct.· 1962-12-17
  A Florida circuit court dismisses a father's habeas corpus petition seeking custody of his two minor children from their paternal grandparents. The court finds that while it had jurisdiction over the grandparents, the children were removed to New York by their mother (the custodi
• Valentine John Karp v. United States
  311 F.2d 216· 10th Cir.· 1962-11-19
  The court held that the appeal was frivolous and dismissed it, agreeing with appointed counsel's assessment.
• United States ex rel. Julius Mercer v. Commonwealth OF Pa.
  310 F.2d 25· 3d Cir.· 1962-11-15
  The court held that the federal district court erred in denying a habeas corpus petition without a full hearing, as the petitioner may not have received due process in the state habeas corpus proceeding.
• State of Fla. ex rel. Arthur Burton v. Taylor
  148 So. 2d 11· Fla.· 1962-11-07 ·via Writ Of Habeas Corpus
  The court held that a habeas corpus writ cannot be used to challenge an information that is merely defectively or inartfully drawn, as long as it sufficiently informs the defendant of the charges.
• State v. Kelly
  20 Fla. Supp. 123· Dade Cty. Cir. Ct.· 1962-10-16
  A habeas corpus petition challenging the detention of Robert Franklin Jones on a first-degree murder charge. The circuit court found that the state's only evidence—the defendant's confession, admissions, and re-enactment—were involuntary because the defendant was mentally ill and
• Rhodes v. Greenholtz
  308 F.2d 234· 8th Cir.· 1962-09-24
  The appeal is moot because the prisoner has been released from detention, rendering the habeas corpus relief sought unavailable.
• Tyndall v. Cochran
  144 So. 2d 812· Fla.· 1962-09-21
  The Florida Supreme Court discharged a writ of habeas corpus, finding that the petitioner's claims were not supported by the facts presented. The case was referred to a circuit court judge for factual findings, which ultimately led to the denial of the petition.
• Orcutt v. State OF Wyo.
  308 F.2d 61· 10th Cir.· 1962-08-30
  The court held that an illegal arrest or failure to promptly arraign does not invalidate a state court conviction in federal habeas corpus proceedings.
• Singleton v. Stevens
  306 F.2d 513· 6th Cir.· 1962-08-22
  The court held that an offer of a second parole revocation hearing with counsel present renders moot any claim that the prisoner was denied counsel at the original hearing.
• Greer v. Ellis
  306 F.2d 587· 5th Cir.· 1962-07-25
  The court held that a federal district court cannot summarily deny a habeas corpus petition without a hearing or show cause order when the petition alleges constitutional violations, even if state courts previously denied relief.
• O'Connor v. Heritage
  306 F.2d 458· 5th Cir.· 1962-07-24
  The court held that a retired judge assigned to a district court possesses the constitutional authority to preside over felony trials.
• United States ex rel. Isidore Kaganovitch v. Wilkins
  305 F.2d 715· 2d Cir.· 1962-07-10
  The court held that the petitioner failed to exhaust state remedies by not seeking certiorari, and his claims were without merit.
• van Dusen v. Taylor
  306 F.2d 518· 10th Cir.· 1962-06-29
  The court held that the issue of the right to counsel at a parole revocation hearing cannot be raised for the first time on appeal.
• Gholston v. Otto C. Boles
  305 F.2d 162· 4th Cir.· 1962-06-15
  The federal court held that it is bound by the state's highest court's interpretation of a state statute, even if the issue is framed as jurisdictional.
• United States v. Payne
  304 F.2d 446· 6th Cir.· 1962-06-08
  The court held that the sentences pronounced in open court were clear and unambiguous, supporting the consecutive sentences imposed.
• Bentz v. United States Parole Bd.
  303 F.2d 853· 7th Cir.· 1962-06-08
  The court held that the parole board member who signed the warrant was properly constituted, rendering the warrant valid.
• Bolling v. Cunningham
  303 F.2d 639· 4th Cir.· 1962-06-05 ·via Writ Of Habeas Corpus
  The court held that the finding that the petitioner was not advised of his right to counsel prior to his 1938 conviction was not clearly erroneous, and thus the writ of habeas corpus should issue.
• United States ex rel. George Lee Rivers v. Myers
  301 F.2d 782· 3d Cir.· 1962-04-13
  The dissenting judge would hold that due process requires an opportunity for a defendant to object to alleged errors in the sentencing court's written opinion before the sentence is finalized.
• Johnson v. Cochran
  139 So. 2d 673· Fla.· 1962-04-05
  Henry Johnson petitioned for habeas corpus, challenging his sentence as a fourth felony offender. The Florida Supreme Court granted the petition and ordered his release, finding the information charging him as a fourth offender was fatally defective because it failed to allege th
• State of Fla. ex rel. Jesse C. Donaldson v. Kelly
  139 So. 2d 730· Fla. 3d DCA· 1962-03-27
  The court held that habeas corpus is not a proper remedy to review an order denying a motion to quash when the accusatory pleadings are not void.
• Whitus v. Balkcom
  299 F.2d 844· 5th Cir.· 1962-02-26
  The court held that the district court correctly dismissed the habeas corpus petition because the appellant had not exhausted his state remedies.
• Rosania v. The State of N.J.
  299 F.2d 101· 3d Cir.· 1962-02-20
  The court held that the prior ruling did not establish fundamental unfairness vitiating the entire trial, and thus the petition for habeas corpus was properly denied.
• Davies v. Settle
  298 F.2d 844· 8th Cir.· 1962-02-07
  The court held that the appeal from the denial of habeas corpus is frivolous and will be dismissed, as the appellant failed to utilize the proper remedy under 28 U.S.C.A. § 2255.
• The State of Fla. ex rel. Khudourie Chaachou v. Kelly
  137 So. 2d 249· Fla. 3d DCA· 1962-02-05 ·via Habeas Corpus Review
• Watkins v. Blackburn
  137 So. 2d 217· Fla.· 1962-01-31 ·via Writ Of Habeas Corpus
  Habeas corpus is not the proper vehicle to raise claims of variance between an information and proof or whether the statute of limitations has run.
• McAFEE v. Cochran
  136 So. 2d 642· Fla.· 1962-01-17 ·via Writ Of Habeas Corpus
  Roland McAfee petitioned for habeas corpus after being convicted and sentenced to twenty years for breaking and entering with felonious intent while a minor. The Florida Supreme Court found that the State failed to comply with statutory requirements to notify his parents or guard
• United States ex rel. James Wright v. Randolph
  297 F.2d 803· 7th Cir.· 1962-01-09
  The court held that a federal court should not grant a writ of habeas corpus if the petitioner has not exhausted available state remedies.
• Garcia v. Turner
  297 F.2d 881· 10th Cir.· 1961-12-19
  The court held that the defendant's presence was not required during a juror's ex parte communication with the judge, as it did not deprive him of due process.
• Myer Klig v. United States
  296 F.2d 343· 2d Cir.· 1961-11-16
  The court held that minor misstatements about distant past events, without more, are insufficient to establish that a naturalization petitioner gave false testimony with the intent to obtain a benefit under the Act, and thus do not necessarily demonstrate a lack of good moral cha
• McDonald v. Frates
  133 So. 2d 775· Fla. 3d DCA· 1961-11-02
  This case concerns whether an order allowing an appeal is required for appeals from habeas corpus proceedings in light of constitutional amendments granting appeals as a matter of right. The court held that appeals in such cases are a matter of right and do not require a special