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

• Patrick v. Cochran
  134 So. 2d 5· Fla.· 1961-11-01
  The court held that the judgment and sentence were void due to lack of required notice to the minor's parents, and the petitioner is entitled to be discharged from custody under that judgment.
• Dial v. United States
  295 F.2d 339· 7th Cir.· 1961-10-26
  The court held that the district court properly refused to entertain the habeas corpus petition because the petitioner failed to first seek relief under 28 U.S.C. § 2255 in the sentencing court.
• Chester Banks v. Madigan
  295 F.2d 651· 9th Cir.· 1961-10-24
  The court held that the written judgment, as modified and approved by the judge, accurately reflected the intended sentence, even if there was initial ambiguity in the oral pronouncement.
• Johnson v. Cochran
  133 So. 2d 65· Fla.· 1961-09-22
  Johnson seeks habeas corpus release from prison, challenging the legality of his sentence for attempted willful burning of forest land. The Florida Supreme Court holds that the trial court imposed an illegal sentence exceeding the maximum allowed for the offense, and remands for
• State v. FOX
  18 Fla. Supp. 183· Dade Cty. Cir. Ct.· 1961-09-15
  A circuit court granted habeas corpus relief to a petitioner convicted in municipal court of traffic offenses, holding that municipal courts in Dade County lacked jurisdiction to try traffic violations and that a guilty plea cannot confer jurisdiction on a court lacking it ab ini
• Holly v. Smyth
  294 F.2d 396· 4th Cir.· 1961-09-14
  The court held that the prisoner's claim regarding lack of counsel in recidivist proceedings was not exhausted in state courts and thus denied federal relief at this time.
• Gordon v. Willingham
  294 F.2d 575· 3d Cir.· 1961-08-30
  The court held that the Board of Review's reduced sentences, imposed independently, rendered moot any claim of command influence on the original court-martial's sentencing.
• Javor v. Dickson
  295 F.2d 61· 9th Cir.· 1961-08-28
  The court denied the application for a certificate of probable cause.
• Corbitt v. Walters
  132 So. 2d 227· Fla. 2d DCA· 1961-08-04
  The trial court did not err in awarding custody of a child to the father in a habeas corpus proceeding.
• Dayan v. People of THE State of Cal.
  293 F.2d 46· 9th Cir.· 1961-07-24
• McNEAL v. Culver
  132 So. 2d 151· Fla.· 1961-07-19
  The court held that even if certain factual allegations are disputed by stipulation, the remaining undisputed facts, including the petitioner's lack of counsel and mental instability, necessitate a new trial to ensure due process.
• Young v. Sheriff of Dade Cnty.
  18 Fla. Supp. 130· Dade Cty. Cir. Ct.· 1961-07-14 ·via Writ Of Habeas Corpus
  The court held that it lacked jurisdiction to entertain a petition for a writ of habeas corpus from a state prisoner seeking dismissal of state charges.
• Davis v. Cochran
  132 So. 2d 154· Fla.· 1961-07-12
• Denton v. Cochran
  131 So. 2d 734· Fla.· 1961-07-12
  Denton petitioned for habeas corpus alleging denial of court-appointed counsel at his criminal trial for which he was convicted and sentenced to six months to five years imprisonment. The Florida Supreme Court affirmed the denial of relief, finding no evidence that Denton had req
• Coakley v. United States Dist. Court
  291 F.2d 927· 6th Cir.· 1961-06-27
  The court held that the petitioner's application for a writ of mandamus, seeking to compel a district court to hear his habeas corpus petition or to review a dismissal order, was denied.
• United States ex rel. L. B. Binion v. United States Marshal FOR the Dist. OF Nev.
  292 F.2d 494· 9th Cir.· 1961-06-26
  The court held that the appellant was not entitled to credit on his sentence for periods when he was not in actual or constructive custody, nor for periods during which he was on probation and reporting to a probation officer.
• Jones v. United States
  291 F.2d 202· 9th Cir.· 1961-06-14
  The court held that the appellant is lawfully confined and not entitled to release, affirming the lower courts' denial of his petitions for a writ of habeas corpus.
• Chandler v. Markley
  291 F.2d 157· 7th Cir.· 1961-06-09
  The court held that statements by military commanders regarding discipline and prevention of offenses did not constitute improper command control that would prevent a fair trial or review.
• Manka v. Cochran
  130 So. 2d 881· Fla.· 1961-06-07
  The court held that the sentence imposed was excessive and ordered the petitioner to be resentenced.
• Wyatt Jennings v. Markley
  290 F.2d 892· 7th Cir.· 1961-06-07
  The court held that the military court-martial had jurisdiction to try the petitioner for murder and assault.
• Dupree v. Cochran
  130 So. 2d 280· Fla.· 1961-05-10
  The Florida Supreme Court discharged a writ of habeas corpus for a petitioner who claimed he was underage and his parents were not notified of his arrest, plea, or sentence. The court found the petitioner's claim to be false based on court records showing proper notification was
• Foller v. Winfred Overholser
  292 F.2d 732· D.C. Cir.· 1961-05-04
  The court held that the mandatory commitment statute for individuals found not guilty by reason of insanity is constitutional, and the superintendent's refusal to certify release was not arbitrary or capricious.
• Johnson v. Taylor
  289 F.2d 743· 10th Cir.· 1961-04-18
  The court held that the recomputation of good time credits was not an error and the petitioner must serve the balance of his sentence after violating conditional release.
• Manson v. United States
  288 F.2d 807· 9th Cir.· 1961-04-12
  The court held that the appeal was untimely because the judgment was considered 'entered' upon docketing and the oral pronouncement provided sufficient notice. The court also denied the habeas corpus petition as the statutory remedy was not shown to be inadequate.
• State of Fla. ex rel. Arthur York v. Cochran
  127 So. 2d 885· Fla.· 1961-04-12
  Arthur York sought habeas corpus relief, contending he was illegally detained under a twenty-year sentence for the nonexistent offense of "breaking and entering." The Florida Supreme Court held that while the crime as captioned did not exist in the statutes, York had properly bee
• Stewart v. Smyth
  288 F.2d 362· 4th Cir.· 1961-04-05
  The court held that the petitioner failed to meet his burden of proof to show his prior convictions were constitutionally invalid due to lack of counsel.
• State v. Cochran
  128 So. 2d 609· Fla.· 1961-04-05 ·via Writ Of Habeas Corpus
  Norman J. Mackiewicz sought habeas corpus relief to collaterally attack his death sentence for first-degree murder, claiming the trial court reporter failed to record certain alleged inflammatory statements made by prosecutors during closing arguments. The Florida Supreme Court d
• Cato v. Alvis
  288 F.2d 530· 6th Cir.· 1961-04-04
  The court held that a delay in arraignment, while a violation of state statute, does not automatically render a confession inadmissible or invalidate a conviction if the confession was voluntary and the conviction is based on sufficient evidence.
• Anderson v. State OF Ky.
  288 F.2d 333· 6th Cir.· 1961-03-27
  The court held that a certificate of probable cause is required for an appeal in a state habeas corpus case, and denied the petitioner's motion for such a certificate.
• Antipas v. United States
  289 F.2d 884· D.C. Cir.· 1961-03-23
• Radcliff v. Cochran
  128 So. 2d 131· Fla.· 1961-03-22
  Robert Radcliff petitioned for habeas corpus after pleading guilty to accessory after the fact, a charge not contained in the original information alleging breaking and entering with intent to commit a misdemeanor. The Florida Supreme Court found that accessory after the fact is
• United States ex rel. Henry Stevens v. Wilkins
  287 F.2d 865· 2d Cir.· 1961-02-28
  The court held that the relator's petition for a writ of habeas corpus was properly denied because he failed to exhaust his state remedies, and even if he had, his claim lacked merit.
• United States ex rel. Raymond Everett Hackler v. Sain
  287 F.2d 286· 7th Cir.· 1961-02-23
  An arrest and detention made under a facially invalid rendition warrant, even if later validated by supplementary documents in a habeas corpus proceeding, constitutes a deprivation of liberty violating the Due Process Clause of the Fourteenth Amendment.
• Sands v. State
  126 So. 2d 741· Fla.· 1961-02-08
  Willie Carl Sands petitioned for habeas corpus challenging his conviction and sentences for multiple forgery offenses. The Florida Supreme Court affirmed that Sands' guilty pleas were voluntary, the sentences were not excessive, and the trial court properly denied his motion to w
• Barber v. Cochran
  126 So. 2d 738· Fla.· 1961-02-08
  The Florida Supreme Court discharged a writ of habeas corpus for a petitioner who falsely claimed he was entitled to release because his sentence exceeded the maximum penalty for his crime. The court found the petitioner was actually charged with a more serious offense with a hig
• Krawetz v. Cochran
  126 So. 2d 541· Fla.· 1961-02-03 ·via Writ Of Habeas Corpus
  The court held that a habeas corpus petition based on alleged insanity at the time of arrest, arraignment, and sentencing must be supported by evidence of a prior adjudication of incompetence.
• Raphael E. Centanni v. Cochran
  126 So. 2d 146· Fla.· 1961-01-18
  The Florida Supreme Court denied a petition for a writ of habeas corpus, finding that the petitioner was not entitled to release from custody. The court held that even if the notice requirements for minors were not met, the petitioner's mother had actual notice, and he was also s
• Dover v. Cochran
  126 So. 2d 139· Fla.· 1961-01-18 ·via Writ Of Habeas Corpus
  The Florida Supreme Court denied a petition for a writ of habeas corpus, finding that the petitioner was not deprived of any constitutional or statutory rights. The court quashed the writ and remanded the petitioner to custody.
• Burley v. State OF Md.
  285 F.2d 746· 4th Cir.· 1961-01-16
  The court held that the District Court did not err in dismissing the petition for a writ of habeas corpus, and therefore the appeal should be dismissed.
• Crigler v. United States Army and J. C. Taylor
  285 F.2d 260· 10th Cir.· 1961-01-13
  The court held that a civil court will not review the actions of a military court when the issues raised have been fully considered by military tribunals and no new issues are presented.
• Williams v. Cochran
  125 So. 2d 98· Fla.· 1960-12-16
  Kenneth Orlo Williams filed a habeas corpus petition challenging his conviction and two-year sentence for breaking and entering, alleging denial of counsel, jury trial, and lack of knowledge of the co-defendant and building. The Florida Supreme Court, reviewing the trial record,
• James v. Kuykendall
  285 F.2d 480· 10th Cir.· 1960-12-07
  The court held that the naval reviewing authority had the power to change the place of confinement and that the appellant's current confinement is lawful. The court also found no support for the claim that the appellant is confined in immediate association with enemy prisoners.
• Mankus v. Cochran
  124 So. 2d 865· Fla.· 1960-12-02
  Anthony Mankus petitioned for habeas corpus claiming he received a sentence of six months to life without representation by counsel, suggesting he might have been charged with a capital offense. The Florida Supreme Court held that Mankus was not charged with a capital crime, had
• Carroll Norwood Byrd v. Steiner
  284 F.2d 341· 4th Cir.· 1960-11-17
  The court held that the appeal must be dismissed for want of a certificate of probable cause, as the appellant had not exhausted state remedies for the issue now raised.
• Pitt v. United States
  284 F.2d 343· 4th Cir.· 1960-11-17
  The court held that the district court correctly denied the habeas corpus petition because the proper venue for relief is the sentencing court, absent a showing of inadequacy.
• Judy v. Pepersack
  284 F.2d 443· 4th Cir.· 1960-11-17
  The court held that the prisoner's contentions lacked merit and dismissed the appeal for want of a certificate of probable cause.
• Mellette v. Cochran
  123 So. 2d 699· Fla.· 1960-10-28 ·via Writ Of Habeas Corpus
  The Florida Supreme Court denied a habeas corpus petition, finding that although one of the petitioner's sentences was excessive and served, a second valid sentence for a different offense meant he was still lawfully in custody.
• Black v. Ellis
  283 F.2d 314· 5th Cir.· 1960-10-21
• Hamilton v. Buchkoe
  283 F.2d 816· 6th Cir.· 1960-10-21
  The court held that the petitioner failed to exhaust state remedies and did not obtain a certificate of probable cause, thus denying his application for appeal.
• United States ex rel. Ralph Darling v. Martin
  283 F.2d 344· 2d Cir.· 1960-10-13
  The court held that the relator's application for a writ of habeas corpus raised sufficient issues to require a hearing, including claims of ineffective assistance of counsel, a closed trial, and perjured testimony.