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
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282 F.2d 782·
4th Cir.·
1960-10-04
The court held that a new claim of present sanity must first be presented to state courts before federal habeas corpus relief can be sought.
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282 F.2d 241·
8th Cir.·
1960-09-30
The court held that a federal court cannot grant a habeas corpus hearing to re-determine the truth or falsity of testimony already resolved by a state trial jury, based on the same evidence.
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16 Fla. Supp. 164·
Duval Cty. Cir. Ct.·
1960-09-02
In this habeas corpus proceeding, the circuit court reconsidered its prior denial of a writ of habeas corpus in light of appellate opinions regarding enforcement of a Wisconsin custody decree. The court determined that while it had discretion under comity principles to aid in enf
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122 So. 2d 188·
Fla.·
1960-07-08
The Florida Supreme Court discharged a writ of habeas corpus, finding that while the petitioner was unlawfully held for contempt sentences due to uncredited gain time, she was lawfully held under a ten-year sentence for attempted murder, from which no supersedeas bond had been po
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281 F.2d 182·
2d Cir.·
1960-07-01
An alien who has entered the United States and is subject to deportation does not qualify for discretionary relief under Section 5 of the Act of 1957, which applies only to aliens seeking admission.
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121 So. 2d 688·
Fla.·
1960-06-22
The Florida Supreme Court granted a writ of habeas corpus, finding that the sentence imposed was excessive and illegal. The court ordered the petitioner to be returned to the lower court for resentencing.
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The court held that the informations were insufficient because they failed to allege that the petitioner received anything in return for the worthless checks, entitling him to relief.
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279 F.2d 173·
7th Cir.·
1960-06-16
The court held that the district court erred in denying the petition without a complete record, especially given the urgency of the deportation proceedings.
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278 F.2d 920·
6th Cir.·
1960-06-14
The court held that a motion to vacate a sentence under 28 U.S.C.A. § 2255 cannot be used to relitigate issues of fact or law already decided by the jury, such as the location of the offense.
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279 F.2d 869·
6th Cir.·
1960-06-14
The court held that the petitioner failed to exhaust state remedies and was not entitled to habeas corpus relief.
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121 So. 2d 154·
Fla.·
1960-06-08
Actual notice to parents of a minor's charges satisfies statutory notice requirements, even if formal service is lacking.
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121 So. 2d 35·
Fla.·
1960-06-03
The Florida Supreme Court released a petitioner from state prison via habeas corpus, finding his detention was based on convictions for issuing worthless checks that were legally insufficient to support felony charges. The court applied its prior ruling in State ex rel. Shargaa v
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120 So. 2d 787·
Fla.·
1960-05-25
The Florida Supreme Court discharged a writ of habeas corpus, finding the petitioner's claims meritless after reviewing the trial record and a prior appellate decision affirming the conviction. The court relied on the appellate court's decision to deny relief.
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279 F.2d 170·
2d Cir.·
1960-05-17
A state prisoner seeking federal habeas corpus must exhaust state remedies, which includes obtaining a required statutory certificate for appeal from a state habeas denial, even if indigent.
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24 Fla. Supp. 78·
Suwanee Cty. Cir. Ct.·
1960-05-12
The court held that a charge of 'disorderly conduct' without specifying the acts constituting such conduct is invalid and fails to charge an offense.
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120 So. 2d 441·
Fla.·
1960-05-11
Baker petitioned for habeas corpus relief, claiming that sentences imposed by Hillsborough County should run concurrently with earlier Sarasota County sentences. The Florida Supreme Court rejected his claim, finding no express judicial directive for concurrent sentencing and hold
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122 So. 2d 465·
Fla.·
1960-05-04
A married minor is not entitled to the statutory notification of charges to parents required for unmarried minors.
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278 F.2d 469·
10th Cir.·
1960-04-14
The court held that a hearing is required to determine if the petitioner pleaded guilty to the habitual criminal charge, as the judgment's language is ambiguous.
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The court held that the appellant's assertions did not justify vacating the sentence, as there was no evidence of an unfair trial or constitutional violations.
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119 So. 2d 428·
Fla. 1st DCA·
1960-04-12
The Florida District Court of Appeal affirmed a habeas corpus judgment discharging a theater operator from police custody, holding that Fort Walton Beach's ordinance imposing an excise tax on motion picture theater admission tickets exceeded the city's charter authority. The cour
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278 F.2d 245·
D.C. Cir.·
1960-03-24
The court held that the appellant was lawfully taken into custody and was not entitled to release, as his original sentence was subject to federal conditional release statutes, not District of Columbia parole law.
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The court held that federal courts cannot grant habeas corpus relief to re-weigh evidence or pass on admissibility of testimony in state court proceedings, as these are matters for direct appeal.
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16 Fla. Supp. 59·
Dade Cty. Cir. Ct.·
1960-03-10
In this habeas corpus proceeding, a Florida court enforced a New York divorce decree awarding custody of a minor child to the father, rejecting the mother's argument that the decree was invalid due to lack of notice after an alleged reconciliation. The court held that under New Y
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275 F.2d 789·
4th Cir.·
1960-03-03
The court held that the law officer's instructions on larceny and maximum sentence for absence without leave were not erroneous, and therefore the denial of the petition for a writ of habeas corpus was correct.
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275 F.2d 894·
D.C. Cir.·
1960-03-03
The court held that the District Court erred in denying a habeas corpus petition without stating its grounds, requiring a remand for further proceedings.
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117 So. 2d 476·
Fla.·
1960-01-29
Gordon Francis Hyatt petitioned for habeas corpus relief, challenging the validity of his guilty plea conviction on grounds of mental incompetency at the time of trial. The Florida Supreme Court, based on expert psychiatric testimony and a Commissioner's findings that Hyatt was n
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117 So. 2d 486·
Fla.·
1960-01-29
The Florida Supreme Court discharged a prisoner who had served more than the maximum allowable sentence for issuing a worthless check, as defined by state law at the time of his sentencing.
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15 Fla. Supp. 152·
Dade Cty. Cir. Ct.·
1959-12-17
A natural mother sought custody of her minor son who had been in the care of a third party in Florida for several years. The court denied the mother's petition, finding that despite her natural parental rights, the child's best interests were served by remaining with the responde
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273 F.2d 194·
9th Cir.·
1959-11-05
The court held that the appeal was frivolous and not taken in good faith, denying a certificate of probable cause.
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115 So. 2d 169·
Fla.·
1959-10-21
Petitioner is entitled to discharge from custody because the offense of issuing worthless checks, as charged, is a misdemeanor, not a felony, and was improperly punished as such.
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115 So. 2d 3·
Fla.·
1959-10-07
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270 F.2d 809·
9th Cir.·
1959-09-29
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271 F.2d 751·
10th Cir.·
1959-09-26
A federal court will entertain a habeas corpus application only after all available state remedies, including certiorari to the U.S. Supreme Court, have been exhausted.
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114 So. 2d 228·
Fla. 2d DCA·
1959-08-18
The Florida District Court of Appeal vacated a conviction and sentence because the statute under which the petitioner was charged was previously declared invalid by the Florida Supreme Court. The petitioner was remanded for sentencing on the remaining counts.
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113 So. 2d 554·
Fla.·
1959-07-17
The Florida Supreme Court denied a petition for a writ of habeas corpus, finding the submitted documentation insufficient to prove the petitioner's alleged insanity and lack of restoration to sanity. The court granted leave to amend the petition with proper exhibits.
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269 F.2d 242·
D.C. Cir.·
1959-07-02
The court held that a prisoner seeking to challenge a parole revocation based on procedural due process violations can bring a declaratory judgment action in the District of Columbia, even if habeas corpus might otherwise be considered.
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The federal court affirmed the denial of the writ of habeas corpus because the state provides a remedy for the petitioner's claims.
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264 F.2d 827·
8th Cir.·
1959-04-08
The court held that the district court did not err in denying the petition for a writ of habeas corpus.
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263 F.2d 604·
2d Cir.·
1959-02-05
The court held that the district judge did not err in refusing to order a hearing to recall witnesses in the habeas corpus proceeding.
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107 So. 2d 15·
Fla.·
1958-12-05
The Florida Supreme Court denied a second petition for a writ of habeas corpus, finding that the issues raised had already been decided in a prior, similar petition and were therefore res judicata.
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261 F.2d 850·
10th Cir.·
1958-12-02
The court held that the petitioner's claims were without merit and that the trial court's denial of relief was correct.
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261 F.2d 616·
10th Cir.·
1958-11-25
The court held that the oral sentences, when read with the written judgments, were sufficiently definite and certain to be valid.
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The court affirmed the denial of the writ of habeas corpus, finding the petitioner waived his speedy trial rights and failed to exhaust state remedies.
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13 Fla. Supp. 177·
Duval Cty. Cir. Ct.·
1958-11-06
A Florida circuit court declined to enforce a Wisconsin custody decree that transferred Patricia Bohn's custody from her father (defendant) to her mother (plaintiff) because the Wisconsin court lacked subject matter jurisdiction over the minor child who was neither domiciled nor
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260 F.2d 470·
4th Cir.·
1958-10-24
The court held that the district court did not err in dismissing the petition for a writ of habeas corpus, as no grounds existed that were not previously considered or could not have been asserted in the sentencing court.
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105 So. 2d 604·
Fla. 2d DCA·
1958-10-10
This case concerns an appeal from a lower court's denial of a writ of habeas corpus, which sought to challenge the denial of bail for a prisoner accused of a capital offense. The appellate court affirmed the lower court's decision, finding sufficient evidence to justify the denia
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The court held that the denial of counsel during the confession did not constitute a constitutional deprivation, and claims of coerced confession and ineffective counsel were unsupported.
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257 F.2d 295·
2d Cir.·
1958-07-02
The court held that there was no probable cause for appeal from the denial of a writ of habeas corpus, as the petitioner's constitutional rights were fully protected.
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257 F.2d 874·
4th Cir.·
1958-06-30
The court held that the Immigration Officer-in-Charge did not abuse his discretion in ordering the repatriation of an alien seaman with tuberculosis, given the medical prognosis and the shipowner's agreement to provide care.
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256 F.2d 512·
9th Cir.·
1958-06-09