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

• Petition For Naturalization of Marko Terzich
  256 F.2d 197· 3d Cir.· 1958-06-02 ·via Writ Of Habeas Corpus
  A district court cannot review a final order of deportation in a hearing on a petition for naturalization; the court must deny the petition if a final deportation order is outstanding.
• Ballentine v. Medical Officer in Charge
  259 F.2d 665· 6th Cir.· 1958-06-02
  The court held that the district court correctly dismissed the petition for a writ of habeas corpus because the petitioner failed to exhaust his remedies in the sentencing court.
• Belton v. United States
  259 F.2d 811· D.C. Cir.· 1958-05-15
  The dissenting judges argue that the defendant's appeal should be dismissed due to significant delays and lack of excusable neglect in perfecting the appeal. They contend that the time limits for appeal are jurisdictional and that the defendant's actions demonstrate a lack of dil
• State v. Kirk
  13 Fla. Supp. 105· Palm Beach Cty. Cir. Ct.· 1958-03-20
  The court held that the statute abolishing the distinction between principals and accessories before the fact is constitutional, and a petitioner can be charged as a principal even if the proof shows accessory status.
• Clay Sims v. Alvis
  253 F.2d 114· 6th Cir.· 1958-02-24
  The court held that the district court correctly denied the habeas corpus petition because the petitioner's claims regarding lack of counsel and jury waiver were not grounds for habeas corpus relief under Ohio law.
• United States v. LA BUY
  252 F.2d 560· 7th Cir.· 1958-02-18
  The court held that a writ of mandamus would not issue to compel a hearing on a habeas corpus petition when a final, appealable order dismissing the petition had already been entered.
• Reese v. Dickson
  253 F.2d 670· 9th Cir.· 1958-02-13
  The court denied the petition for a certificate of probable cause and the request to appeal in forma pauperis.
• Devandlis Wiggins v. Ragen
  252 F.2d 205· 7th Cir.· 1958-02-06
  The court held that the district court did not err in denying the petition for a writ of habeas corpus, finding that the state court proceedings did not deprive the petitioner of his constitutional rights.
• Reese v. Looney
  252 F.2d 683· 10th Cir.· 1958-02-04
  A military sentence interrupted by escape does not run concurrently with subsequent civil sentences imposed after the escape.
• United States v. Lohman
  251 F.2d 259· 7th Cir.· 1958-01-22
  The court held that no federal constitutional rights were violated in the extradition proceedings, and the district court properly dismissed the habeas corpus petition.
• Axtell v. Axtell
  12 Fla. Supp. 100· Palm Beach Cty. Cir. Ct.· 1957-11-27
  The court held that the defendant failed to show a legal reason why an Ohio court order regarding child custody should not be enforced.
• Adolfo Fernandez v. Culver
  98 So. 2d 487· Fla.· 1957-11-27
  The Florida Supreme Court denied a petition for habeas corpus, holding that the petitioner was not denied his right to counsel of his choice or sufficient time to consult counsel. The court found that the petitioner's claims were previously litigated and affirmed in a prior appea
• Wolf v. Brownell
  253 F.2d 141· 9th Cir.· 1957-11-27 ·via Writ Of Habeas Corpus
  The court held that 8 U.S.C.A. § 1401(a)(7) is not retroactive, and therefore the appellant, born abroad to an alien father and an American mother before the statute's effective date, is not a citizen under that provision.
• Smith v. Hixon
  249 F.2d 41· 5th Cir.· 1957-11-06
  A federal court cannot grant habeas corpus if the petitioner has not exhausted adequate state remedies, even if the petitioner escaped from jail.
• Sylvio J. Drolet v. Gavin
  248 F.2d 809· 1st Cir.· 1957-10-25
  A state prisoner seeking federal habeas corpus relief must exhaust all available state remedies, including petitioning the U.S. Supreme Court for a writ of certiorari from an adverse state supreme court decision.
• Vassilios Olimpius v. Butler
  248 F.2d 169· 4th Cir.· 1957-10-07
  The court held that the deportation order was supported by substantial evidence and not arbitrary or unreasonable, and that the contempt citation for counsel was proper.
• Llerandi v. Blackburn
  97 So. 2d 247· Fla.· 1957-10-02
  The court affirmed the denial of a habeas corpus petition challenging extradition, finding that the petitioner was lawfully detained on other charges, and also affirmed the denial of bail pending the extradition appeal.
• State v. Kirk
  13 Fla. Supp. 84· Palm Beach Cty. Cir. Ct.· 1957-08-28
  The court held that the petitioner was entitled to release from extradition custody under the Uniform Reciprocal Enforcement of Support Law, conditioned upon making weekly support payments.
• Barber v. LAL Singh
  247 F.2d 213· 9th Cir.· 1957-06-24
  The court held that the applicant's eligibility for suspension of deportation should be determined under the Immigration Act of 1917, not the Immigration Act of 1952, due to the Savings Clause.
• Brown v. Buchkoe
  244 F.2d 865· 6th Cir.· 1957-06-07
  A federal court cannot order a state to provide a free transcript for an appeal if the petitioner has not followed the state's procedural requirements for seeking an appeal.
• Barlet v. Alvis
  244 F.2d 951· 6th Cir.· 1957-05-31
  Denial of a writ of habeas corpus is affirmed because the petitioner failed to demonstrate constitutional violations and Ohio law restricts habeas corpus for ineffective counsel claims.
• Wetzel v. Harpole
  244 F.2d 695· 5th Cir.· 1957-05-29
  The court held that the petitioner failed to present sufficient evidence to support claims of conviction by perjured testimony or punishment under an ex post facto law.
• Holliday v. United States
  244 F.2d 801· 9th Cir.· 1957-05-20
  The appellate court affirmed the denial of the habeas corpus petition, holding that the federal sentence did not begin until the petitioner was released from state custody.
• Murphy v. Stoutamire
  10 Fla. Supp. 167· Leon Cty. Cir. Ct.· 1957-05-17
  Jack Murphy, a photographer, was convicted of contempt of court for failing to destroy film he took of trial witnesses in a courthouse corridor after being ordered to do so by a municipal judge. The Circuit Court granted Murphy's habeas corpus petition, holding that the contempt
• Bales v. Lainson
  244 F.2d 495· 8th Cir.· 1957-05-07
  A federal district court must hold a hearing on a habeas corpus petition alleging knowing use of perjured testimony, unless specific exceptions apply, even if state courts denied relief on procedural grounds.
• Green v. Harley O. Teets
  244 F.2d 401· 9th Cir.· 1957-04-05
  The court held that the petitioner failed to show a violation of his federal constitutional rights, and therefore denied his petition for a certificate of probable cause.
• United States v. Honorable Robert E. Murphy
  242 F.2d 706· 2d Cir.· 1957-03-11 ·via Writ Of Habeas Corpus
  The court held that assignment of counsel is not warranted when the appeal is wholly without merit and the relator can obtain no relief.
• Belden R. Reap, Sr. v. Shambora
  241 F.2d 803· 5th Cir.· 1957-03-01
  The court held that the Selective Service board's classification and denial of a hardship deferment were not arbitrary or capricious, and thus the denial of habeas corpus was proper.
• McMAHON v. Mayo
  92 So. 2d 806· Fla.· 1957-02-13 ·via Writ Of Habeas Corpus
  Thomas McMahon was convicted of breaking and entering with intent to commit assault and battery and sentenced to five years hard labor. The Florida Supreme Court rejected his claims that the charge did not state a crime and that his trial without counsel violated his constitution
• Application of Joseph Moyle
  241 F.2d 615· 9th Cir.· 1957-01-28 ·via Writ Of Habeas Corpus
  The court held that a prisoner's failure to comply with reasonable state appellate procedural requirements, resulting in the denial of an appeal, does not form a basis for federal habeas corpus relief.
• State v. Cheetham
  10 Fla. Supp. 87· Palm Beach Cty. Cir. Ct.· 1957-01-21
  In a habeas corpus proceeding, a Florida court determined custody of a six-year-old minor child, weighing the father's separation agreement rights against the mother's current home environment. The court prioritized the child's best interests over parental legal rights, awarding
• Smith v. State
  92 So. 2d 411· Fla.· 1957-01-16
  Mathew Smith appeals his perjury conviction for allegedly lying during habeas corpus proceedings about his arrest history. The Florida Supreme Court reverses, holding that the false statements were not material to the issue before the court in the habeas corpus proceeding, which
• Chang AH Ding and Chang Shing Hwa v. United States
  239 F.2d 852· 5th Cir.· 1957-01-09
  The court held that the appeal is moot because the necessary travel documents for deportation have been obtained since the appeal was filed.
• United States ex rel. Gilberto Palma v. Saegert
  251 F.2d 59· 5th Cir.· 1957-01-03 ·via Application For Writ Of Habeas Corpus
  The court held that a writ of habeas corpus cannot be used to interrupt the orderly administration of criminal laws or as a substitute for ordinary trial proceedings.
• United States ex rel. Athas Pierropouilos v. Shaughnessy
  239 F.2d 784· 2d Cir.· 1957-01-03
  The court held that the Board of Immigration Appeals did not err in denying discretionary relief and that the deportation orders were not invalid due to the statute of limitations.
• Brinkley v. The State OF Tex.
  239 F.2d 166· 5th Cir.· 1956-12-11
  The court held that a petition for a writ of Coram Nobis must be brought in the trial court, not an appellate court.
• McDONALD v. Looney
  238 F.2d 844· 10th Cir.· 1956-11-23
  The Court held that the petitioner had an adequate and effective remedy under 28 U.S.C.A. § 2255, and that the second sentence did not subject him to double jeopardy.
• Brink v. Looney
  238 F.2d 618· 10th Cir.· 1956-11-23
  The court held that the petitioner failed to establish that the parole board's action in revoking his conditional release was arbitrary or a denial of due process.
• Hamilton v. Looney
  238 F.2d 479· 10th Cir.· 1956-11-07
  The court held that the petitioner's contention that he had served his sentence was not well taken, as the sentencing court intended to impose three separate sentences, including a 30-year sentence for the Dyer Act case.
• State of Fla. ex rel. Veerle McCLELLAND v. Mayo
  90 So. 2d 455· Fla.· 1956-11-07
  The court held that the information was insufficient to charge the petitioner as a fourth offender because it failed to state that each subsequent offense was committed after the prior conviction and did not specify the sentences imposed.
• United States ex rel. Charles Williams v. Ragen
  238 F.2d 139· 7th Cir.· 1956-10-24
  The court held that the Illinois Parole Board's actions did not cause the state to lose jurisdiction over the petitioner.
• United States v. Sanderson
  237 F.2d 398· 9th Cir.· 1956-10-03
  The court held that the bond posted to guarantee surrender was improperly forfeited because the underlying deportation order arose from an unfair hearing.
• Samet v. McLEOD
  237 F.2d 336· 10th Cir.· 1956-09-28
  A state court's interpretation of its own parole instrument is binding on federal courts in a habeas corpus proceeding.
• LEW Hsiang v. Brownell
  234 F.2d 232· 7th Cir.· 1956-06-19
  The court held that the plaintiffs' exclusive remedy was habeas corpus because their citizenship claims were denied during exclusion proceedings, and the declaratory judgment action was filed before a final administrative denial.
• Posey v. Overlade
  234 F.2d 404· 7th Cir.· 1956-06-14
  The District Court correctly refused to reopen a habeas corpus proceeding after a final order had been entered dismissing the cause.
• United States ex rel. Walter L. Bishop v. Commonwealth OF Pa. & Frank C. Johnston
  233 F.2d 208· 3d Cir.· 1956-05-11
  The court held that the relator's constitutional rights were protected throughout the proceedings, and his habeas corpus petition was therefore properly denied.
• Torrence v. Looney
  233 F.2d 715· 10th Cir.· 1956-05-05 ·via Writ Of Habeas Corpus
  The court held that the appellant received a full and complete hearing and that his appeal lacked substance.
• Cameron v. McLEOD
  232 F.2d 734· 10th Cir.· 1956-04-16
  The court held that the petitioner had not exhausted his state remedies and that the alleged jury irregularities were not a denial of due process that would render the judgment void.
• Rookard v. United States
  232 F.2d 378· D.C. Cir.· 1956-04-05
  The court held that the appellant's second motions to vacate the 1938 sentences were wholly without merit.
• Davis v. Marcell Graham
  232 F.2d 630· 10th Cir.· 1956-04-02
  A federal court cannot entertain a habeas corpus petition challenging state court commitment if the petitioner has not exhausted all available state remedies, including seeking certiorari from the U.S. Supreme Court.