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

• United States ex rel. Mills v. Reing
  191 F.2d 297· 3d Cir.· 1951-07-12
  The court held that the appeal from the dismissal of the habeas corpus petition was not barred by statute and affirmed the lower court's decision.
• Owens v. Hinds
  189 F.2d 518· 10th Cir.· 1951-05-12
  A motion under 28 U.S.C. § 2255 is the exclusive remedy for testing the legality of a sentence, and habeas corpus is not available if that remedy is adequate.
• Adkins v. Smyth
  188 F.2d 452· 4th Cir.· 1951-04-10
  The court held that a federal district court will not ordinarily reexamine questions already adjudicated by state courts and denied certiorari by the Supreme Court, absent unusual circumstances.
• Conley v. Steele
  188 F.2d 83· 8th Cir.· 1951-04-09
  The court held that a parole violator warrant does not need to be served immediately upon a release violator who is subsequently re-sentenced for a new crime, and detention under the warrant begins upon its execution.
• United States ex rel. McMAHON v. Neeley
  186 F.2d 846· 7th Cir.· 1951-02-01
  A sentence to the Illinois State Reformatory for a crime involving moral turpitude, for a period of one year or longer, constitutes 'imprisonment' within the meaning of the Immigration Act of 1917 for deportation purposes.
• Boyden v. Smith
  183 F.2d 189· 9th Cir.· 1950-06-19
  The court held that the petitioner's motion for a transcript of trial testimony was denied because the grounds for relief were not cognizable under 28 U.S.C. § 2255.
• Lyle v. Eidson
  182 F.2d 344· 8th Cir.· 1950-06-02 ·via Writ Of Habeas Corpus
  A state may prosecute capital offenses by information without violating the Fourteenth Amendment's due process clause.
• Chin Chiu Fong v. Phelan
  181 F.2d 589· 9th Cir.· 1950-04-19
  The court held that the applicants were denied their statutory right to counsel and the presence of a friend or relative by not being given a fixed period of time to arrange for them.
• Lundy v. Mich. State Prison Bd.
  181 F.2d 772· 6th Cir.· 1950-04-17
  The court held that the interpretation of a state statute by the highest state court is binding on federal courts.
• Dever v. Visic
  180 F.2d 924· 5th Cir.· 1950-03-31
  The court held that the Attorney General has the authority to order the exclusion of an alien without a hearing, consistent with inherent executive power.
• Donnelly v. Steele
  180 F.2d 1019· 8th Cir.· 1950-03-30
  The court held that the civil liability for damages did not affect criminal liability and that the petitioner failed to exhaust remedies under 28 U.S.C. § 2255.
• State v. Hazlett
  4 Fla. Supp. 50· Dade Cty. Cir. Ct.· 1950-03-23
  In a habeas corpus proceeding, the circuit court held that a biological father has a right to custody of his children regardless of whether his marriage to the mother was conventional or at common law, and that this right cannot be disturbed without notice and an opportunity to b
• Plaine v. Burford
  180 F.2d 724· 10th Cir.· 1950-02-17
  The court held that a federal court cannot grant a writ of habeas corpus unless the petitioner has exhausted available remedies in state courts.
• United States ex rel. Sommerkamp v. Zimmerman
  178 F.2d 645· 3d Cir.· 1949-12-15
  An alien brought into the United States involuntarily, who is later given an opportunity to depart voluntarily and fails to do so, can be lawfully detained and deported as an 'immigrant' under the Immigration Act.
• Edwards v. Squier
  178 F.2d 758· 9th Cir.· 1949-12-12 ·via Habeas Corpus Review
  The court held that the joinder of two distinct federal offenses, one under the Motor Vehicle Theft Act and another under the National Stolen Property Act, was permissible under Rule 8(a) of the Federal Rules of Criminal Procedure.
• United States ex rel. Aigner v. Shaughnessy
  175 F.2d 211· 2d Cir.· 1949-06-16
  The court held that denaturalization decrees, entered by courts with jurisdiction, cannot be collaterally attacked in habeas corpus proceedings absent special circumstances justifying such a substitute for appeal.
• United States v. Lombardo
  174 F.2d 575· 7th Cir.· 1949-05-16
  The court held that the district court did not err in finding that the defendant had not commenced service of his federal sentence, thus retaining jurisdiction to grant probation.
• Viscuso v. Hunter
  174 F.2d 654· 10th Cir.· 1949-05-10
  The court held that the petitioner's claims of denial of counsel at sentencing and prevention of appeal were not supported by the evidence, and thus, his detention was lawful.
• Dominques v. Hunter
  170 F.2d 546· 10th Cir.· 1948-10-27
  The court held that the trial court properly suspended imposition of sentence and placed the petitioner on probation for counts 2-7, and that upon revocation of probation, the court had the power to impose any sentence that could have been originally imposed.
• Harris v. Hunter
  170 F.2d 552· 10th Cir.· 1948-10-26
  The court held that a petitioner serving a military sentence cannot challenge the jurisdiction of a civil court that imposed a subsequent sentence, as only the military authorities can assert prior jurisdiction.
• Leonhardt v. Pescor
  168 F.2d 861· 8th Cir.· 1948-07-01
  The court held that the record did not sufficiently demonstrate that the appellant knowingly and intelligently waived his right to counsel and understood the charges and consequences of his guilty plea, requiring further proceedings.
• McDONALD v. Humphrey
  168 F.2d 519· 8th Cir.· 1948-06-09
  The court held that the appellant is not entitled to credit for time spent at liberty under erroneous orders of discharge.
• United States ex rel. Judd v. Ragen
  167 F.2d 802· 7th Cir.· 1948-04-30
  The court held that the judgment of the Criminal Court of Cook County was not void, and therefore the petition for a writ of habeas corpus was properly dismissed.
• Fowler v. Hunter
  167 F.2d 548· 10th Cir.· 1948-04-07
  The court held that the petitioner's sentence was partially void because the forgery statute did not authorize a fine, but he was not entitled to habeas corpus relief as the valid imprisonment portion had not been served.
• Sarazzawski v. Duffy
  167 F.2d 110· 9th Cir.· 1948-04-07
  The court denied the petitioner's application for a certificate of probable cause, finding that he had not exhausted his state remedies by failing to seek certiorari from the denial of his state habeas corpus petition.
• Davis v. Smyth
  167 F.2d 221· 4th Cir.· 1948-03-23
  The court held that the district court's dismissal of the habeas corpus petition was proper.
• Wrublewski v. McINERNEY
  166 F.2d 243· 9th Cir.· 1948-02-25
  The court held that the petitioner was not subjected to double jeopardy because the acquittal of assault with intent to commit murder was not a bar to a subsequent prosecution for manslaughter.
• Yukio Chai v. Bonham
  165 F.2d 207· 9th Cir.· 1947-12-29
  The court held that the appellant's brief stop in Canada did not constitute an 'entry' into the United States for immigration purposes.
• Moore v. Smith
  164 F.2d 483· 9th Cir.· 1947-11-10
  The court held that it cannot entertain an original petition for a writ of habeas corpus except in aid of its appellate jurisdiction, and denied the petitioner's motion and petition.
• Spencer v. Pescor
  164 F.2d 342· 8th Cir.· 1947-11-05
  The conviction and commitment were legally made, constitutional rights were not denied, and the indictment was sufficient.
• State v. Clark
  159 Fla. 544· Fla.· 1947-10-31
  This case involves an appeal from a habeas corpus proceeding concerning the extradition of Joseph P. Hinchey from Florida to Massachusetts. The Florida Supreme Court affirmed the lower court's decision, finding that the appellant failed to demonstrate error in the extradition pro
• Ex parte: Charles Cantrell
  159 Fla. 426· Fla.· 1947-08-01
  Charles Cantrell, sentenced to life imprisonment as a habitual criminal (fourth felony conviction), challenged his conviction via habeas corpus. The Florida Supreme Court held that his fourth conviction was invalid because the crimes underlying his second and third convictions we
• Mason v. Smith
  162 F.2d 336· 9th Cir.· 1947-05-27
  The court held that the appellant's assertion of impossibility to file a timely appeal from a state court denial of a writ of error coram nobis was insufficient to excuse his failure to exhaust state remedies, especially given potential flexibility in state appeal rules.
• Hampson v. Smith
  162 F.2d 334· 9th Cir.· 1947-05-27
  The court held that a petitioner must make a good faith attempt to seek redress in state courts, even if state jurisprudence is unsettled, before seeking federal habeas corpus relief.
• Banach v. Hunter
  161 F.2d 682· 10th Cir.· 1947-05-15
  The court held that the appellant's contentions regarding the validity of his convictions were without merit and that the trial court's denial of his habeas corpus petition was correct.
• Baker v. Utecht
  161 F.2d 304· 8th Cir.· 1947-04-28
  A federal court will not re-examine a federal constitutional issue previously adjudicated by state courts and denied certiorari by the Supreme Court, especially when the petitioner had counsel and an avenue for appeal.
• Application of Gordon
  160 F.2d 574· 9th Cir.· 1947-03-13 ·via Writ Of Habeas Corpus
  The court found that the petitioner's application for a Writ of Habeas Corpus was not wholly without merit and that legal points warrant review.
• Mattox v. State
  158 Fla. 512· Fla.· 1947-02-28
  The Florida Supreme Court affirmed a judgment remanding a habeas corpus proceeding brought by petitioners challenging the validity of their indictment by a grand jury drawn from a jury list prepared under a special 1943 statute. The court held that the statutory procedures for se
• Velazquez v. Hunter
  159 F.2d 606· 10th Cir.· 1947-01-20
  The court held that the Federal Firearms Act applies to Puerto Rico and that the unconstitutional portion of § 2(f) is separable from the valid remainder.
• United States ex rel. Gordon v. Ragen
  157 F.2d 766· 7th Cir.· 1946-11-05
  The Federal Court lacks jurisdiction to entertain the relator's petition for a writ of habeas corpus.
• United States ex rel. Velasco v. Ragen
  158 F.2d 87· 7th Cir.· 1946-11-05
  The court held that a federal court cannot grant habeas corpus relief until the petitioner has exhausted available state remedies.
• Conroy v. Sanford
  157 F.2d 847· 5th Cir.· 1946-10-23
  A writ of habeas corpus cannot be used to collaterally attack a sentence based on alleged trial errors that could have been raised on appeal.
• Conley v. Pescor
  157 F.2d 280· 8th Cir.· 1946-09-30 ·via Writ Of Habeas Corpus
  The court held that the appellant's habeas corpus application presented no valid grounds for relief, as the issues raised were either previously decided, lacked merit, or were demonstrably false based on the record.
• United States ex rel. Gagliardo v. Karnuth
  156 F.2d 867· 2d Cir.· 1946-07-10
  The court held that the relator's deportation to Italy was authorized under 8 U.S.C.A. § 156, despite her Canadian naturalization, because Canada refused her reentry.
• Patterson v. Welch
  155 F.2d 951· 4th Cir.· 1946-06-14
  The court held that the District Court's dismissal of the habeas corpus petition was proper because there was substantial evidence to support the judge's finding that the petitioner's detention was not unlawful.
• Bailey v. Stoutamire
  155 F.2d 754· 5th Cir.· 1946-05-22 ·via Writ Of Habeas Corpus
  The court held that a federal court will not re-examine questions already adjudicated by a state court on habeas corpus, absent exceptional circumstances.
• Rosselli v. Sanford
  155 F.2d 427· 5th Cir.· 1946-05-16 ·via Writ Of Habeas Corpus
  A defendant cannot use habeas corpus to retry factual issues, such as the statute of limitations, that were or could have been determined at trial.
• United States ex rel. Davis v. Ragen
  154 F.2d 288· 7th Cir.· 1946-03-21
  The court held that the petitioner's habeas corpus petition was properly dismissed because he had not exhausted state remedies and the Illinois indeterminate sentence act has been repeatedly upheld by the Illinois Supreme Court.
• Peden v. Fleming
  153 F.2d 800· D.C. Cir.· 1946-03-04
  The court held that a probation order issued after commitment is void, and a void probation order does not constitute an unconditional reduction of sentence.
• Ex parte Duncan. Kahanamoku v. Duncan
  153 F.2d 943· 9th Cir.· 1946-03-01
  The court held that the privilege of the writ of habeas corpus was legally available to Duncan because the "imminent danger" required for its suspension did not exist, and therefore the Provost Court lacked jurisdiction.