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

• Quan Toon Jung v. Bonham
  119 F.2d 915· 9th Cir.· 1941-05-19
  The court held that the immigration authorities' rejection of the applicant's claim, despite conceding the father's citizenship, was unreasonable and amounted to a denial of due process.
• Carmichael v. Wong Choon Ock
  119 F.2d 173· 9th Cir.· 1941-04-19
  The court held that immigration authorities cannot disregard uncontradicted eyewitness testimony regarding an alien's birthdate and parentage.
• Liew Fat v. Carmichael
  118 F.2d 1009· 9th Cir.· 1941-04-16
  The court held that the Board of Special Inquiry's finding that the claimed relationship was not established was not arbitrary or capricious, despite discrepancies in testimony.
• Kazue Sumi v. Carmichael
  118 F.2d 707· 9th Cir.· 1941-03-31
  The court held that the Immigration Act vests the choice of deportation destination in the Secretary of Labor, not the courts.
• Young Nguey Sek v. Carmichael
  118 F.2d 104· 9th Cir.· 1941-03-11
  The court held that the appellant failed to demonstrate an unfair hearing or unlawful action by executive officers concerning his deportation order.
• Woo Foo Wong v. Wixon
  117 F.2d 926· 9th Cir.· 1941-02-14
  The court held that the procedure followed in excluding the alien applicant was lawful and in accordance with the Immigration Act of 1917.
• Moss v. PIardy Graves
  146 Fla. 3· Fla.· 1941-01-31
  The Florida Supreme Court ruled that a warrant charging Gail Moss with possessing an illegal slot machine was legally insufficient because the device in question was a licensed automatic mint vending machine that involved no element of chance in its operation, thus falling outsid
• Art v. Carmichael
  117 F.2d 158· 9th Cir.· 1941-01-09 ·via Writ Of Habeas Corpus
  The court held that the immigration record contained sufficient evidence to support the deportation warrant and that the habeas corpus writ was properly discharged.
• State ex rel. Edward J. McGrath v. Coleman
  145 Fla. 446· Fla.· 1941-01-07
  McGrath sought habeas corpus relief challenging his confinement in Dade County jail under a Monroe County murder indictment, arguing the proof was not evident nor the presumption great. The Florida Supreme Court reversed the lower court's denial of bail, finding insufficient evid
• Kohler v. Nicholson
  117 F.2d 344· 4th Cir.· 1941-01-06
  The court held that the Act of May 27, 1930, repealed the Act of February 26, 1929, and therefore the appellant was not entitled to good conduct credits for camp employment under the earlier act.
• Tomlinson v. State
  143 Fla. 895· Fla.· 1940-08-02
  The Florida Supreme Court reversed a lower court's decision that had released a man convicted under a town ordinance requiring a permit to operate a motor vehicle. The court found the town was empowered by its charter to enact such an ordinance.
• McGroan v. Bloodworth
  141 Fla. 435· Fla.· 1940-01-23
  This case involves a habeas corpus petition challenging a city ordinance that regulates the sale of food items by requiring permits, designated market spaces, and fees. The court found the ordinance to be a valid exercise of the city's police power for public health and welfare.
• Jones v. Mayo
  139 Fla. 400· Fla.· 1939-07-21
  The Florida Supreme Court affirmed a lower court's decision denying a petition for a writ of habeas corpus. The petitioner, previously convicted of robbery, had filed multiple appeals, all unsuccessful.
• State ex rel J. D. Hogan v. Spencer
  139 Fla. 237· Fla.· 1939-07-11
  J.D. Hogan challenged his arrest for selling uninspected meat in Ocala by habeas corpus petition. The Florida Supreme Court upheld Ocala's meat inspection ordinance, rejecting Hogan's claim that it discriminatorily applied different standards inside and outside city limits.
• Hoke Williams v. Hon. J. E. Albritton
  139 Fla. 195· Fla.· 1939-07-07
  Hoke Williams was convicted of being drunk on intoxicating liquor in DeSoto County, Florida. On appeal, Williams challenged the validity of his conviction, primarily arguing that the information against him was defective because it was not verified under oath. The Florida Supreme
• In re Montgomery Reagan
  138 Fla. 497· Fla.· 1939-06-06
  This case involves a minor, Montgomery Reagan, seeking discharge from a charitable institution via habeas corpus. The court denied the motion, upholding a juvenile court's commitment order despite a procedural question about its relation back to an initial temporary commitment.
• Dykes v. Chapman
  137 Fla. 766· Fla.· 1939-05-19
  Tom Dykes challenged his perjury conviction via habeas corpus, arguing the indictment was defective and violated his rights. The Florida Supreme Court affirmed his conviction, holding that habeas corpus cannot be used to attack the sufficiency of an indictment and that the indict
• State v. Ramsey
  137 Fla. 548· Fla.· 1939-05-05
  This case concerns whether a person transporting agricultural products for hire over state highways requires a certificate of public convenience and necessity. The court held that the petitioner did not qualify for any statutory exemptions and therefore was required to obtain the
• Arretta Skinner v. Mrs. Lola C. Skipper
  136 Fla. 338· Fla.· 1939-02-10
  The Florida Supreme Court upheld the commitment of Arretta Skinner, a fifteen-year-old girl, to the Florida Industrial School for Girls by a juvenile court judge. The court rejected her habeas corpus petition challenging the commitment, finding that proper notice was given to her
• State v. Pearson
  136 Fla. 224· Fla.· 1939-02-03
  The Florida Supreme Court held that it has the power to recall a writ of habeas corpus that was improvidently issued by a Justice of the Court, even though the writ had not yet been acted upon by the Circuit Judge to whom it was made returnable. The Court determined that a habeas
• Tracey v. Chapman
  135 Fla. 374· Fla.· 1938-12-28
  Joe Tracey challenges his continued imprisonment after a conditional parole was revoked, claiming he had served sufficient time under good conduct laws to be released. The Florida Supreme Court affirms his detention, holding that his life sentence for second-degree murder remains
• McGowan v. Chase
  133 Fla. 393· Fla.· 1938-07-08
  Mae McGowan sought habeas corpus relief challenging her detention under a warrant based on an information charging her with maliciously penning cattle belonging to another without consent. The Florida Supreme Court held that while both the general state statute and Polk County's
• Herring v. State
  132 Fla. 658· Fla.· 1938-06-08
  The Florida Supreme Court denied a petition to define the time a defendant must serve in prison, holding that it lacked jurisdiction after its mandate had gone down to the lower court and the defendant was not claiming unlawful restraint. The court suggested the defendant could p
• State v. King
  132 Fla. 520· Fla.· 1938-04-28
  The Florida Supreme Court reversed a lower court's decision, discharging a petitioner held in custody for violating a city ordinance. The Court found the ordinance conflicted with state law, making the petitioner's detention unlawful.
• State v. Alphonse Clark
  131 Fla. 684· Fla.· 1938-03-04
  A father sought custody of his three-and-a-half-year-old son through habeas corpus proceedings, but the trial court awarded custody to the child's aunt (Louise Clark) after finding the father had shown marked indifference toward the child while living with the maternal grandparen
• State v. Coleman
  131 Fla. 620· Fla.· 1938-03-03
  This case is an original habeas corpus proceeding challenging a conviction. The Florida Supreme Court consolidated this case with a writ of error from the same conviction and ruled that the habeas corpus petition must be decided based on the reasoning in the writ of error case.
• Battle v. Stone
  131 Fla. 136· Fla.· 1938-02-09
  James Battle challenged his incarceration on a habeas corpus petition, arguing he was unlawfully detained. The circuit court remanded him to custody, and the Florida Supreme Court affirmed, finding the same legal issue had already been decided adversely to Battle in a contemporan
• Gehlbach v. Stone
  131 Fla. 402· Fla.· 1938-01-24
  The Florida Supreme Court upheld a habeas corpus judgment addressing whether a Justice of the Peace from an adjoining district may assume jurisdiction to preside over a criminal trial in another district when the original Justice certifies disqualification. The Court affirmed tha
• Johnson v. Lawrence
  130 Fla. 630· Fla.· 1938-01-22
  In this habeas corpus proceeding, the Florida Supreme Court upheld an information charging D. J. Johnson with unlawfully altering a ballot cast in a school board election by adding an extra mark, making it void. The court rejected Johnson's argument that the information failed to
• H. v. Yocum
  129 Fla. 764· Fla.· 1937-10-28
  The court reviewed a habeas corpus proceeding where a physician was arrested for violating a city ordinance. The ordinance regulated trades and industries, and the court held that the practice of medicine is a profession, not a trade or industry, and thus not covered by the ordin
• State v. Mayo
  128 Fla. 699· Fla.· 1937-06-28
  In this original habeas corpus proceeding, the Florida Supreme Court upheld John McGuire's conviction for robbery while armed despite a technical defect in the judgment's language. The court held that the judgment's reference to the jury's verdict did not invalidate the convictio
• Ex parte Stevens
  127 Fla. 787· Fla.· 1937-04-26
  This habeas corpus case involved a petitioner arrested based on an affidavit that failed to state a crime under Florida law. The court found the affidavit insufficient and ordered the petitioner's discharge.
• State v. Chapman
  126 Fla. 430· Fla.· 1936-12-10
  Bonnie Vogel petitioned for habeas corpus after the Florida Supreme Court reversed her 1935 conviction and remanded for a new trial, but prison officials failed to return her to Dade County for retrial. The Court ordered her immediate release from the State Prison Farm and delive
• Curtis v. Hutchingson
  125 Fla. 438· Fla.· 1936-10-12
  The Florida Supreme Court upheld a Lakeland city ordinance prohibiting the operation of coin-operated machines between 8 PM and 6 AM, holding that such time-based restrictions on this class of business are valid exercises of municipal police power, analogous to regulations on poo
• Curtis v. Hutchingson
  125 Fla. 435· Fla.· 1936-10-12
  The Florida Supreme Court reversed a habeas corpus judgment and discharged a petitioner charged with violating a municipal ordinance regulating slot machine operations. The Court held that a provision limiting slot machine operation to specific height ranges (not more than 5 feet
• Hand v. Ira Smith
  125 Fla. 374· Fla.· 1936-10-01
  The Florida Supreme Court reviews a habeas corpus discharge where the circuit court quashed the return to a writ and released the petitioner from custody. The court holds that the warrant's allegations of embezzlement were sufficient to charge a criminal offense, and the circuit
• Stalvey v. Sweat
  125 Fla. 313· Fla.· 1936-09-22
  This case concerns whether a warrant charging the offense of uttering a worthless check sufficiently stated an offense under Florida law. The court held that the warrant was insufficient because it failed to include necessary details about the check's presentation and dishonor, a
• State v. Chapman
  125 Fla. 266· Fla.· 1936-09-11
  Bonnie Vogel petitioned for habeas corpus seeking discharge from custody at the State Prison Farm, arguing no valid criminal charge was pending against her in Florida. The Florida Supreme Court denied the petition, holding that a prior reversal of her conviction did not eliminate
• Carter v. Ramsey
  124 Fla. 790· Fla.· 1936-07-13
  The Florida Supreme Court affirmed a lower court's decision to deny a habeas corpus petition, resulting in the petitioner's extradition. The court was equally divided on the issue, leading to an affirmance based on precedent for equally divided courts.
• Davis v. Boyce
  124 Fla. 769· Fla.· 1936-07-02
  In this habeas corpus case, the Florida Supreme Court upheld a conviction for illegal deer hunting under Section 5787 R.G.S., rejecting the argument that Chapter 16043, Acts of 1933, effectively superseded the state's general deer hunting prohibition. The Court held that the 1933
• Dixon v. Mayo
  124 Fla. 485· Fla.· 1936-06-08
  In this original habeas corpus proceeding, Paul Dixon challenged the validity of his fifteen-year conviction for robbery, arguing the judgment was void because it charged him under the wrong statutory section. The Florida Supreme Court held that the judgment was valid under the a
• Graives v. Stone
  124 Fla. 339· Fla.· 1936-05-22
  The Florida Supreme Court denied a habeas corpus petition, ruling that a challenge to the legality of a grand jury cannot be raised for the first time in a habeas corpus proceeding if the indictment is valid on its face and the trial court had jurisdiction. This case clarifies pr
• State v. Coleman
  124 Fla. 227· Fla.· 1936-05-02
  This case involves a habeas corpus petition challenging a conviction for selling a naturopathy diploma. The court found the information void for uncertainty, as it did not specify that the diploma was fraudulently obtained or furnished, which is an essential element of the offens
• Waterman v. E. G. Cunningham as Sheriff of Pinellas Cnty.
  123 Fla. 149· Fla.· 1936-03-03
  In an original habeas corpus proceeding, the Florida Supreme Court upheld the conviction of Lewis Waterman for first-degree murder, rejecting his claim that the grand jury indictment was void because it was returned when no term of Circuit Court was in session in Pinellas County.
• State v. Coleman
  123 Fla. 23· Fla.· 1936-02-21
  The Florida Supreme Court upheld a state law regulating used motor vehicle dealers against a constitutional challenge based on the Interstate Commerce Clause. The court held that when goods come to rest in a state and are offered for sale, they lose their interstate character and
• McCreary v. State
  122 Fla. 494· Fla.· 1936-02-07
  The Florida Supreme Court invalidated Miami's Ordinance No. 1200 regulating itinerant merchants as unconstitutionally discriminatory. The ordinance imposed burdensome licensing, bonding, and tax-reporting requirements on transient merchants while exempting established residents o
• Lemons v. State
  119 Fla. 475· Fla.· 1935-02-15
  The Florida Supreme Court reversed a lower court's denial of bail for a murder suspect, finding that the suspect was entitled to bail under the state constitution. The court set the bail amount and conditions.
• Ex Parte: George Haynes
  118 Fla. 435· Fla.· 1935-02-13
  George Haynes was imprisoned for drunkenness by a Justice of the Peace in Leon County. The Florida Supreme Court granted habeas corpus relief, holding that the commitment was invalid because it failed to show a valid judgment of conviction, and ordering Haynes discharged from cus
• State v. Smith
  118 Fla. 352· Fla.· 1935-01-30
  The Florida Supreme Court discharged a petitioner who was jailed for violating a city vagrancy ordinance, finding the charge and conviction lacked any legal basis. The court emphasized that the ordinance's constitutionality was not the primary issue, but rather the complete absen
• Ex parte Foy Green
  117 Fla. 157· Fla.· 1934-11-02
  In this habeas corpus proceeding, the Florida Supreme Court upheld the state's authority to incarcerate prisoners convicted under Section 5116 R.G.S. in state convict road camps beyond the Raiford prison farm, rejecting claims that such transfers violate constitutional rights. Th