Habeas Corpus

18,780 Florida cases classified under this topic · sorted by citation count

• Donald v. Dumont
  513 F.2d 793· 5th Cir.· 1975-05-30 ·cited 32×
  The court held that a procedural waiver of a challenge to grand jury composition under state law, absent a showing of cause and actual prejudice, bars federal habeas corpus relief, even if the law at the time of trial was unfavorable to the claim.
• Ervin Ray Young v. Park J. Anderson
  513 F.2d 969· 10th Cir.· 1975-04-24 ·cited 32×
  The court held that the prosecutor's argument, when considered with jury instructions and the record as a whole, did not constitute a constitutional denial of due process.
• Manning v. Rose
  507 F.2d 889· 6th Cir.· 1974-12-13 ·cited 32×
  The admission of evidence of a prior, similar robbery for the purpose of establishing identity does not violate federal due process, even if it might be considered improper under state law. A state trial court's failure to give an unrequested alibi instruction is also not a feder
• Noorlander v. Ciccone
  489 F.2d 642· 8th Cir.· 1973-12-27 ·cited 32×
  A district court rule permitting a magistrate to hold preliminary evidentiary hearings in habeas corpus cases is valid, provided the district judge retains ultimate decision-making power and a de novo review is available.
• Wansley v. Slayton
  487 F.2d 90· 4th Cir.· 1973-11-08 ·cited 32×
  The Court of Appeals reversed the District Court's grant of habeas relief, finding no constitutional violation regarding pre-trial publicity, admission of evidence, or grand jury composition.
• McNEAL v. Hollowell
  481 F.2d 1145· 5th Cir.· 1973-07-13 ·cited 32×
• Linroy Davis v. Heyd
  479 F.2d 446· 5th Cir.· 1973-05-29 ·cited 32×
  The majority opinion, which the dissent disagrees with, found that factual inconsistencies in witness statements presented a question of law, potentially requiring a retrial of the state conviction.
• Stinson v. Turner
  473 F.2d 913· 10th Cir.· 1973-02-27 ·cited 32×
  The court held that the record affirmatively showed the guilty plea was intelligent and voluntary, satisfying due process requirements.
• Private Donald Silverthorne, Jr. v. Laird
  460 F.2d 1175· 5th Cir.· 1972-04-14 ·cited 32×
  The court denied the petition for rehearing, finding the appellant's claim frivolous and outside the scope of review for internal military affairs.
• Von Perry v. State OF Tex.
  456 F.2d 879· 5th Cir.· 1972-03-23 ·cited 32×
  The court affirmed the denial of habeas corpus relief, finding that the witness's identification was based on direct observation and not tainted by suggestive lineups, and that the appellant was not entitled to a free transcript for a pro se appeal.
• Verlon Musgrove v. Eyman
  435 F.2d 1235· 9th Cir.· 1971-01-05 ·cited 32×
  The court held that the arrest and subsequent search were lawful, and the claim of ineffective counsel lacked merit.
• United States ex rel. John F. Hemes v. Major Donald McNULTY
  432 F.2d 1182· 7th Cir.· 1970-09-09 ·cited 32×
  The court held that the Selective Service Board's denial of conscientious objector status lacked a basis in fact, requiring reversal of the district court's dismissal of the habeas corpus petition.
• State of Fla. ex rel. Jon Richard Argersinger v. Hamlin
  236 So. 2d 442· Fla.· 1970-06-03 ·cited 32×
  An indigent defendant accused of a misdemeanor is entitled to court-appointed counsel only if the offense carries a possible penalty of more than six months imprisonment.
• Howell v. Hoyt C. Cupp
  427 F.2d 36· 9th Cir.· 1970-05-20 ·cited 32×
  The court held that the seizure of the roll of nickels was reasonable under the Fourth and Fourteenth Amendments, and this seizure provided sufficient probable cause for a subsequent search warrant.
• Gremillion v. Henderson
  425 F.2d 1293· 5th Cir.· 1970-05-15 ·cited 32×
  There is no federal constitutional right to credit for pre-sentence custody time; the matter is within the sentencing judge's discretion absent a statute requiring it.
• P. F. C. Daniel E. Pitcher v. Laird
  421 F.2d 1272· 5th Cir.· 1970-01-30 ·cited 32×
  The court held that the Army's denial of a conscientious objector discharge based on a personal moral code was without basis in fact when the claim was substantially founded on religious training and belief.
• Burlee Carroll v. Beto
  421 F.2d 1065· 5th Cir.· 1970-01-27 ·cited 32×
• Collin L. Johnson v. Copinger
  420 F.2d 395· 4th Cir.· 1969-12-18 ·cited 32×
  A district court may not dismiss a habeas corpus petition for abuse of the writ without first notifying the petitioner and affording them an opportunity to explain any prior omissions.
• Darrel F. Parker v. Sigler
  413 F.2d 459· 8th Cir.· 1969-07-18 ·cited 32×
  The court held that the confessions were coerced and involuntary as a matter of law due to the totality of the circumstances, violating the defendant's constitutional rights.
• United States ex rel. Arthur Rudick v. Laird
  412 F.2d 16· 2d Cir.· 1969-04-23 ·cited 32×
  The court held that the district court correctly dismissed the action for lack of jurisdiction because the petitioner was not within the court's territorial jurisdiction and the custodian was not amenable to its process.
• Cross v. Harris
  418 F.2d 1095· D.C. Cir.· 1969-04-16 ·cited 32×
  The court remanded the case for a hearing to determine if the appellant is 'mentally ill' in light of prior precedent.
• United States ex rel. Kelly Wilson v. The Hon. Daniel McMANN
  408 F.2d 896· 2d Cir.· 1969-03-14 ·cited 32×
  The denial of an indigent defendant's request for a transcript of prior trial testimony, which was necessary to impeach a key witness, violated the defendant's constitutional right to equal protection.
• Calloway v. Louie L. Wainwright
  409 F.2d 59· 5th Cir.· 1968-12-20 ·cited 32×
• Byrd v. Ward Lane
  398 F.2d 750· 7th Cir.· 1968-07-25 ·cited 32×
• Askew v. State OF Ala.
  398 F.2d 825· 5th Cir.· 1968-07-16 ·cited 32×
  A voluntarily and understandingly made guilty plea waives all non-jurisdictional defects in prior proceedings, thus precluding an evidentiary hearing on such allegations in a habeas corpus petition.
• Milton v. Louie L. Wainwright
  396 F.2d 214· 5th Cir.· 1968-06-05 ·cited 32×
  The court affirmed the denial of habeas relief because the appellant had not exhausted available state post-conviction remedies.
• Garrison v. Patterson
  391 U.S. 464· U.S.· 1968-05-27 ·cited 32×
  When a court of appeals grants a certificate of probable cause, the appellant must be afforded an adequate opportunity to address the merits of the appeal.
• Calloway v. Powell
  393 F.2d 886· 5th Cir.· 1968-04-24 ·cited 32×
  The court held that the appointed counsel's representation was constitutionally ineffective, leading to a denial of due process.
• Coley v. Alvis
  381 F.2d 870· 6th Cir.· 1967-09-06 ·cited 32×
  The court held that because the Ohio post-conviction relief statute, as construed by the Ohio Supreme Court, provides no effective state remedy for the appellant's claims, he is not required to exhaust state remedies before seeking federal habeas corpus relief.
• Kennedy v. Commandant
  377 F.2d 339· 10th Cir.· 1967-05-03 ·cited 32×
  The court held that the qualifications for counsel in special courts-martial under Article 27 of the Uniform Code of Military Justice comply with the Sixth Amendment right to counsel and Fifth Amendment due process requirements, even for indigent defendants.
• Rivera v. Gov't of the Virgin Islands
  375 F.2d 988· 3d Cir.· 1967-03-30 ·cited 32×
  The court held that the right to a preliminary examination is a procedural right that can be cut off by the filing of an information, and the Fifth Amendment's grand jury requirement does not apply to the Virgin Islands.
• United States ex rel. James Cannon v. Maroney
  373 F.2d 908· 3d Cir.· 1967-03-14 ·cited 32×
  The court held that the admission of a prior conviction record, even with a pardon, was permissible for sentencing purposes under state law and did not violate the Full Faith and Credit Clause or due process.
• Carpenter v. Louie L. Wainwright
  372 F.2d 940· 5th Cir.· 1967-02-02 ·cited 32×
  The court held that the allegations in the habeas corpus petition were sufficient to require a hearing on whether the guilty plea was coerced.
• Burns v. Beto
  371 F.2d 598· 5th Cir.· 1966-11-29 ·cited 32×
• Gilmore v. The People OF the State OF Cal. & Warden Lawrence E. Wilson
  364 F.2d 916· 9th Cir.· 1966-08-04 ·cited 32×
  The court held that a hearing is required to determine if the defendant's guilty plea was voluntary, based on allegations of attorney misrepresentation regarding sentencing.
• Jack T. Stewart (Jack T. Stuart) or Any Other Officer of the U. S. Dist. Court v. Vardaman S. Dunn
  363 F.2d 591· 5th Cir.· 1966-06-28 ·cited 32×
  The Mississippi District Court erred in holding the Oklahoma District Court's order of arrest void, as the order was appealable and the Oklahoma court had jurisdiction to issue a temporary restraining order to preserve the status quo.
• Watson v. Patterson
  358 F.2d 297· 10th Cir.· 1966-03-25 ·cited 32×
  The trial court improperly considered issues not previously presented to state courts, but the denial of the writ is affirmed because the prisoner has not exhausted state remedies for those issues.
• Wilson v. Harris
  351 F.2d 840· 9th Cir.· 1965-10-19 ·cited 32×
  The court held that the district court erred in granting habeas corpus without an evidentiary hearing on the issue of whether the appellee competently and intelligently waived his right to counsel at arraignment.
• Crump v. Anderson
  352 F.2d 649· D.C. Cir.· 1965-06-15 ·cited 32×
  The court held that a superseding indictment establishes probable cause for detention and negates the need for a preliminary hearing before a commissioner.
• Fernandez v. Klinger
  346 F.2d 210· 9th Cir.· 1965-05-27 ·cited 32×
  The court held that the district court properly denied the appellant's petition for a writ of habeas corpus because the grounds raised did not present federal questions or were without merit.
• Reeves v. Warden, Maryland Penitentiary
  346 F.2d 915· 4th Cir.· 1965-02-25 ·cited 32×
  The admission of a yellow note, seized during an unconstitutional search of the petitioner's room, was prejudicial and violated his Fourth Amendment rights, and this constitutional objection was not waived by his counsel's failure to object at trial.
• Morehead v. State OF Cal.
  339 F.2d 170· 9th Cir.· 1964-11-27 ·cited 32×
  The court held that a federal court cannot grant a writ of habeas corpus if the petitioner has not exhausted available state remedies, unless those remedies are unavailable or ineffective.
• Thomas v. United States
  327 F.2d 795· 10th Cir.· 1964-02-03 ·cited 32×
  The court held that time spent on probation does not count towards the original sentence upon revocation, and that revoking probation and imposing the original sentence does not constitute double jeopardy.
• United States ex rel. Alvin R. Drew v. Myers
  327 F.2d 174· 3d Cir.· 1964-01-23 ·cited 32×
  The court affirmed the district court's dismissal of the habeas corpus petition, not on the merits of the due process claims, but on the grounds that the petitioner failed to exhaust available state remedies regarding the cumulative effect of the alleged errors.
• Francesco Foti v. Immigr. & Naturalization Serv.
  308 F.2d 779· 2d Cir.· 1962-09-21 ·cited 32×
  The court held that the denial of discretionary relief, such as suspension of deportation, is part of the final order of deportation and thus reviewable by the court of appeals.
• Paul Milo VAN DE Bogart, Jr. v. United States
  305 F.2d 583· 5th Cir.· 1962-06-28 ·cited 32×
  The court held that the information in the § 4208 prison report was sufficient to require a judicial hearing to determine the petitioner's competency to stand trial.
• Jones v. Cunningham
  297 F.2d 851· 4th Cir.· 1962-01-03 ·cited 32×
  A state prisoner alleging denial of effective assistance of counsel due to a coerced confession and inadequate legal representation is entitled to a federal habeas corpus hearing.
• United States ex rel. Donald Tillery v. Cavell
  294 F.2d 12· 3d Cir.· 1961-07-18 ·cited 32×
  State officers are not required to obtain a certificate of probable cause to appeal a federal habeas corpus decision concerning state custody.
• Bailey v. Henslee
  287 F.2d 936· 8th Cir.· 1961-03-17 ·cited 32×
  The court held that the systematic exclusion of Negroes from jury panels violated the Equal Protection Clause of the Fourteenth Amendment, requiring reversal of the conviction.
• United States ex rel. John Buono v. Kenton
  287 F.2d 534· 2d Cir.· 1961-03-09 ·cited 32×
  An unreasonable delay in holding a parole violation hearing does not automatically invalidate the hearing or entitle the parolee to release if the eventual hearing is fair and the violation is properly adjudicated.