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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153 F.2d 300·
5th Cir.·
1946-02-08
The court held that the petitioner failed to show probable cause for an appeal because no new questions of law or fact were presented beyond those already considered by state and federal courts.
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154 F.2d 500·
7th Cir.·
1946-02-06
The appeal is dismissed because the petitioner failed to obtain a certificate of probable cause and did not exhaust state court remedies.
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152 F.2d 627·
2d Cir.·
1945-12-14
The court held that there was no evidence to support the finding that the relator lacked sincerity in his claim of conscientious objection to war, and therefore his induction was invalid.
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The court held that the appellant's current motion to vacate judgment and sentence presented no new grounds for relief and was without merit.
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152 F.2d 453·
7th Cir.·
1945-12-06
The court held that a petitioner who received habeas corpus relief due to an illegal transfer can be re-imprisoned if the original cause was legal and proper forms are observed.
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152 F.2d 59·
9th Cir.·
1945-11-19
The court held that the findings of the lower court were supported by evidence and would not be disturbed.
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156 Fla. 537·
Fla.·
1945-11-09
The court held that the rescission of a conditional pardon due to a subsequent conviction is lawful, and the petitioner must serve the remainder of his original sentence.
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151 F.2d 700·
9th Cir.·
1945-11-05
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156 Fla. 147·
Fla.·
1945-09-21
In this habeas corpus case involving custody of two minor children born to unmarried cohabiting parents, the Florida Supreme Court affirmed the trial court's award of custody to the aunt (Winnie Lovier) over the biological mother's petition, rejecting the parties' joint motion to
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The Florida Supreme Court denied the Attorney General's quo warranto petition seeking to void portions of a labor union agreement between Dade County Roofing Co. and Local Union No. 57, claiming the agreement violated Florida's newly-adopted constitutional right-to-work amendment
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150 F.2d 205·
5th Cir.·
1945-07-05
The court held that the indictment was sufficient and the judge's residency did not deprive the court of jurisdiction, thus habeas corpus was not warranted.
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150 F.2d 308·
9th Cir.·
1945-06-26
The court held that the petitioner failed to prove he did not take the induction oath or that he was denied due process regarding his conscientious objector status and appeal rights.
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Dennis McArthur seeks a writ of habeas corpus, claiming he has been unlawfully detained beyond the expiration of his sentences. The Florida Supreme Court holds that two sentences imposed in 1939 run concurrently rather than consecutively, and that McArthur was entitled to dischar
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149 F.2d 578·
10th Cir.·
1945-05-04
The court held that the trial judge's findings of no conspiracy to suppress evidence were supported by the record, and thus the petitioner was not denied constitutional rights.
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The court held that a habeas corpus petition cannot be used to challenge a conviction based on an indictment's alleged legal insufficiency if the trial court had jurisdiction.
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The court held that the sufficiency of an indictment cannot be challenged in a habeas corpus proceeding and that the lower court's findings regarding waiver of counsel and understanding of charges are not subject to disturbance on appeal.
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Habeas corpus cannot be used to test the validity of a draft board's order in advance of a criminal trial for failing to report for induction.
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145 F.2d 272·
5th Cir.·
1944-11-03
The court held that the findings of the trial judge that the appellant intelligently waived his right to counsel were supported by substantial evidence.
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143 F.2d 673·
10th Cir.·
1944-06-30
The court held that the indictment for mail fraud was not so fatally defective as to deprive the court of jurisdiction, even if it might be vulnerable to a direct attack.
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143 F.2d 531·
9th Cir.·
1944-06-22
The court held that the territorial legislature's gambling statute was not void as it did not interfere with or limit Congressional acts on gambling.
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143 F.2d 586·
9th Cir.·
1944-06-01
The court held that evidence dehors the record cannot be incorporated into a bill of exceptions to show judicial error in sentencing.
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140 F.2d 397·
2d Cir.·
1944-02-02
The court held that the Selective Training and Service Act's prohibition against racial discrimination in the selection of men for induction was violated by the practice of maintaining separate racial quotas and calls.
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139 F.2d 971·
8th Cir.·
1944-01-21
The court held that the district court's findings of fact, supported by the evidence, were not to be disturbed, and its conclusions of law were without error.
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139 F.2d 28·
9th Cir.·
1943-11-24
The court held that the payment of expert witnesses at a rate higher than prescribed by statute, without evidence of bribery or corruption, did not violate the constitutional guaranty of a fair trial or deprive the petitioner of liberty without due process of law.
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138 F.2d 909·
9th Cir.·
1943-11-05
The court held that the constitutional right to a jury trial does not apply to trials conducted in the United States Court for China for offenses committed abroad.
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138 F.2d 668·
9th Cir.·
1943-10-25
Leave to proceed in forma pauperis is denied because the petition is without merit.
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153 Fla. 476·
Fla.·
1943-09-14
Silas Moore challenges his detention after escaping from a county jail sentence for assault and battery. The Florida Supreme Court upholds that a defendant who escapes and remains at large does not satisfy his sentence merely by the passage of time, and may be recaptured and retu
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137 F.2d 712·
9th Cir.·
1943-08-30
The court held that the petitioner was not denied the assistance of counsel, and his guilty plea was voluntary, as he was represented by an attorney at arraignment and did not repudiate him.
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136 F.2d 680·
2d Cir.·
1943-06-11
The court held that new issues raised by the relator must be addressed through a bill of exceptions, not a writ of habeas corpus.
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136 F.2d 58·
5th Cir.·
1943-06-01
The court held that the appellant intelligently waived his right to counsel and jury trial, and therefore was not unlawfully deprived of constitutional rights.
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135 F.2d 205·
7th Cir.·
1943-04-23
The District Court did not abuse its discretion in refusing to grant the writ of habeas corpus.
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152 Fla. 138·
Fla.·
1942-12-22
The Florida Supreme Court reviewed a habeas corpus discharge and held that a coin-operated amusement machine offering free plays as prizes violates Florida's slot machine statute, despite lacking physical token dispensing. The court rejected the argument that the licensing statut
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152 Fla. 104·
Fla.·
1942-12-18
The Florida Supreme Court affirmed a lower court's judgment in a habeas corpus proceeding, finding that the appellants failed to demonstrate reversible error in their convictions under a municipal ordinance. The court noted that the ordinance's penal clause was not in the record
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131 F.2d 862·
9th Cir.·
1942-11-24
The court held that the petition for writ of mandamus is without merit and denied the application for leave to proceed in forma pauperis.
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151 Fla. 845·
Fla.·
1942-11-17
The court held that the County Judge's Court of Marion County could proceed with prosecutions based on affidavits, as no prosecuting attorney was provided to file informations.
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150 Fla. 876·
Fla.·
1942-06-30
The Florida Supreme Court upheld a contempt of court conviction against individuals who attempted to circumvent an injunction prohibiting them from practicing optometry by dissolving their business and transferring it to a third party while maintaining operational control. The co
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The court held that a federal habeas corpus petition cannot be used to relitigate issues already decided by state courts and affirmed by the Supreme Court, nor can it be used to raise a claim of insanity not previously asserted.
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128 F.2d 822·
5th Cir.·
1942-06-16
The court held that a writ of habeas corpus cannot be used to relitigate issues that could have been raised on direct appeal, and the petitioner failed to prove his confession was coerced.
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150 Fla. 720·
Fla.·
1942-06-12
The Florida Supreme Court denied a petition for a writ of habeas corpus, holding that the indictment and verdict in a first-degree murder conviction were in substantial compliance with the Criminal Procedure Act, despite the petitioner's claims of fatal defects. The court found n
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149 Fla. 597·
Fla.·
1942-02-26
The Florida Supreme Court denied a habeas corpus petition challenging the sufficiency of a murder conviction verdict. The petitioner argued that the jury verdict was invalid because it did not specifically state the degree of homicide, but the court held that under the Criminal P
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125 F.2d 465·
10th Cir.·
1942-01-12
The court held that the trial court properly denied the writ of habeas corpus because the petitioner voluntarily and intelligently entered his guilty plea and was not denied any constitutional rights.
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124 F.2d 517·
9th Cir.·
1941-12-30
The court held that it lacked jurisdiction to entertain an original petition for a writ of habeas corpus not filed in aid of its appellate jurisdiction.
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123 F.2d 75·
5th Cir.·
1941-10-31
The court held that the prisoner's imprisonment is lawful and he is not entitled to discharge via habeas corpus.
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148 Fla. 381·
Fla.·
1941-10-31
Charles I. Sands petitioned for habeas corpus, challenging his detention under an embezzlement indictment on grounds that the grand jury relied on records unlawfully obtained through subpoena duces tecum. The Florida Supreme Court held that habeas corpus cannot be used to test th
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The court denied the petition for a writ of habeas corpus.
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147 Fla. 521·
Fla.·
1941-06-17
The Florida Supreme Court affirmed a lower court's judgment in a habeas corpus proceeding. The petitioner was arrested under a fugitive warrant and a rendition warrant, but the court found the rendition warrant regular on its face and the petition's allegations insufficient to ov
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125 F.2d 393·
D.C. Cir.·
1941-06-09
The court held that the appellant's legal rights were protected throughout the proceedings and that the trial court did not err in its rulings.
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The court held that the 1924 Immigration Act imposes no time limitation for deporting aliens who entered in violation of its provisions. Hardship is not a judicial consideration.
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147 Fla. 303·
Fla.·
1941-05-27
In this habeas corpus case, the Florida Supreme Court held that the City of Tampa was estopped from prosecuting an attorney for violating a municipal ordinance requiring payment of a license tax after the city had attempted to enforce a different (higher) license ordinance that t
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120 F.2d 550·
10th Cir.·
1941-05-24
The court held that the five-year sentence did not begin to run concurrently with the first sentence because it was suspended and probation was granted.