Habeas Corpus

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

• In re Parker
  423 F.2d 1021· 8th Cir.· 1970-03-23 ·cited 30×
  The federal court erred in granting habeas corpus relief because it failed to give presumptive weight to the state court's factual findings, and the petitioner did not provide convincing evidence to overcome this presumption.
• Alverez v. Turner
  422 F.2d 214· 10th Cir.· 1970-02-20 ·cited 30×
  The court held that parole revocation hearings do not require the full due process rights afforded in criminal trials, such as confrontation, cross-examination, or compulsory process, but equal protection may be violated by discretionary practices regarding witnesses.
• Perkins v. Henderson
  418 F.2d 441· 5th Cir.· 1969-11-12 ·cited 30×
  The court held that a consent to search is invalid if the individual is not informed that they have the right to refuse consent.
• Goforth v. Dutton
  409 F.2d 651· 5th Cir.· 1969-03-27 ·cited 30×
  The court held that a prisoner was denied his constitutional right to counsel on appeal when his retained counsel, after being paid by the state for representing the prisoner as an indigent, failed to perfect the appeal.
• Martis C. Scalf v. Bennett
  408 F.2d 325· 8th Cir.· 1969-03-11 ·cited 30×
  The court held that the appellant's claims of constitutional violations were without merit, and the district court correctly denied his petition for habeas corpus relief.
• Kruchten v. Eyman
  406 F.2d 304· 9th Cir.· 1969-01-17 ·cited 30×
  The court held that the appellant did not receive ineffective assistance of counsel and was not denied due process, as the attorney acted in good faith and there was no actual conflict of interest.
• Emmitt Monroe Spencer v. Wainwright
  403 F.2d 778· 5th Cir.· 1968-11-22 ·cited 30×
  The court held that the federal district court erred in denying the petition for habeas corpus because the petitioner had not exhausted his available state remedies.
• Welch v. Beto
  400 F.2d 582· 5th Cir.· 1968-08-01 ·cited 30×
  The court held that a federal district court must make specific findings of fact and conclusions of law in habeas corpus proceedings.
• Smith v. McNAMARA
  395 F.2d 896· 10th Cir.· 1968-06-12 ·cited 30×
  The court held that the district court had jurisdiction to review the court martial decision and that the petitioner was not denied his constitutional right to counsel.
• Hill v. Beto
  390 F.2d 640· 5th Cir.· 1968-02-21 ·cited 30×
  The court held that conviction by a state for robbery after a federal conviction for the same act does not constitute double jeopardy.
• Massachusetts v. Painten
  389 U.S. 560· U.S.· 1968-01-15 ·cited 30×
  The Supreme Court dismissed the writ of certiorari as improvidently granted because the record was not sufficiently clear to decide the constitutional questions presented.
• Booker v. State OF Ark.
  380 F.2d 240· 8th Cir.· 1967-07-10 ·cited 30×
  The federal district court correctly dismissed the prisoner's petition because it lacked jurisdiction to grant relief via mandamus, declaratory judgment, habeas corpus, or coram nobis for a state conviction while the prisoner was serving a federal sentence in another district.
• United States ex rel. Rudolph E. Boyance v. Myers
  372 F.2d 111· 3d Cir.· 1967-02-03 ·cited 30×
  The court held that a prisoner's claim of illegal search and seizure, which had been fully considered and rejected by state courts, was exhausted, even if another claim remained pending in state court.
• Pembrook v. Wilson
  370 F.2d 37· 9th Cir.· 1966-12-07 ·cited 30×
  The court held that the district court erred in denying the motion to proceed in forma pauperis solely on the non-retroactivity of Escobedo, as the applicant raised other potentially valid grounds for relief, including coercion.
• Tucker v. Peyton
  357 F.2d 115· 4th Cir.· 1966-02-24 ·cited 30×
  A prisoner has standing to attack previously served sentences if their invalidity affects the commencement of service for subsequent sentences, entitling him to release if the factual predicate is established.
• United States ex rel. Granville Boodie v. Herold
  349 F.2d 372· 2d Cir.· 1965-08-06 ·cited 30×
  The court held that the federal district court erred in denying the petition without requiring exhaustion of state remedies, as the state courts had not considered the full record regarding counsel's availability.
• Dillard v. Bomar
  342 F.2d 789· 6th Cir.· 1965-03-24 ·cited 30×
  The Sixth Circuit held that there is no constitutional right to a preliminary hearing, and therefore, denial of such a hearing does not violate due process.
• Henley v. Heritage
  337 F.2d 847· 5th Cir.· 1964-10-26 ·cited 30×
  The court held that an orally pronounced sentence, when clear, dictates the sequence of consecutive sentences, even if the written judgment is ambiguous.
• Charley Luther Pike v. Dickson
  323 F.2d 856· 9th Cir.· 1963-10-18 ·cited 30×
  The court held that the trial court erred in summarily dismissing the habeas corpus petition without inquiring into the alleged facts of prosecutorial misconduct and prejudice.
• Gorko v. Commanding Officer
  314 F.2d 858· 10th Cir.· 1963-02-08 ·cited 30×
  The court held that the military court-martial had jurisdiction over the petitioner and that claims regarding speedy trial and double jeopardy were premature for federal habeas corpus review.
• Oughton v. United States (John C. Taylor
  310 F.2d 803· 10th Cir.· 1962-11-01 ·cited 30×
  The court held that the district court properly denied the application to proceed in forma pauperis because the petitioner's claims were cognizable under 28 U.S.C. § 2255, which provides the exclusive remedy.
• United States ex rel. Frank Brown v. Smith
  306 F.2d 596· 2d Cir.· 1962-07-17 ·cited 30×
• Bandy v. United States
  296 F.2d 882· 8th Cir.· 1961-11-15 ·cited 30×
  The court held that the defendant was not deprived of a fair trial or due process by the denial of a continuance to obtain a handwriting expert, as no timely request was made and ample opportunity existed to secure one.
• Winfred Overholser v. O'Beirne
  302 F.2d 852· D.C. Cir.· 1961-10-19 ·cited 30×
  The court held that the appellee's confinement was not legally justified under the statute governing acquittals by reason of insanity, as he was not found to have been insane at the time of the offense.
• Huey R. LEE, Jr. v. Wiman
  280 F.2d 257· 5th Cir.· 1960-06-23 ·cited 30×
  The court held that the district court was not required to entertain the habeas corpus application because the state court records showed the applicant was not denied due process of law.
• United States v. Leather
  271 F.2d 80· 7th Cir.· 1959-10-20 ·cited 30×
  The court held that a district judge has discretion to vacate a concurrent sentence, even after the defendant has served time, if a valid, longer concurrent sentence exists and the defendant has not been prejudiced.
• State of Fla. ex rel. B. "Babe" Shargaa v. Culver
  113 So. 2d 383· Fla.· 1959-06-26 ·cited 30×
  A person convicted solely for issuing a worthless check without receiving anything of value in exchange is not guilty of a felony, as the larceny statute's penalty, which the worthless check statute adopts, requires 'property stolen,' which is absent in such a case.
• Estep v. United States
  251 F.2d 579· 5th Cir.· 1958-01-20 ·cited 30×
  The court held that the district court did not abuse its discretion in refusing to subpoena numerous witnesses for an indigent party in a civil proceeding and in refusing to allow the withdrawal of a motion to vacate sentence.
• Egan v. Harley O. Teets
  251 F.2d 571· 9th Cir.· 1957-12-26 ·cited 30×
  The court held that the district court erred in dismissing the application without a hearing on the claim of denial of the right to appeal, but affirmed the dismissal of other claims. The court also held that the appellant waived his right to appeal the suppression of his appeal
• Tilghman v. Culver
  99 So. 2d 282· Fla.· 1957-12-18 ·cited 30×
  Raymond Tilghman challenges his fifteen-year sentence for breaking and entering, arguing it violates a prior Florida Supreme Court mandate requiring credit for time served under a void sentence. The court affirms the fifteen-year sentence as properly imposed within statutory limi
• Hoffman v. United States
  244 F.2d 378· 9th Cir.· 1957-05-02 ·cited 30×
  A motion to correct a sentence under 28 U.S.C.A. § 2255 is premature if the movant is still serving a valid sentence, even if the sentence being challenged precedes the valid one.
• United States ex rel. Nickolas Diani Circella v. Sahli
  216 F.2d 33· 7th Cir.· 1954-10-12 ·cited 30×
  The court held that the relator was subject to deportation based on prior convictions and that the Immigration and Nationality Acts were constitutional as applied. The court also affirmed the lower court's dismissal of the writ of habeas corpus.
• Suttles v. Colonel James W. Davis
  215 F.2d 760· 10th Cir.· 1954-09-10 ·cited 30×
  The court held that petitioners were not denied constitutional rights and their convictions and sentences were valid.
• Latimer v. Cranor
  214 F.2d 926· 9th Cir.· 1954-08-06 ·cited 30×
  The court held that the petitioner's claims did not present a federal question warranting habeas corpus relief, as the alleged violations of constitutional rights were either not applicable to state actions or not sufficiently demonstrated to have affected the trial.
• Burns v. Wilson
  346 U.S. 844· U.S.· 1953-10-12 ·cited 30×
  The court did not issue a holding in this opinion, as it was a dissenting opinion arguing for reargument.
• COX v. Wedemeyer
  192 F.2d 920· 9th Cir.· 1951-11-21 ·cited 30×
  The court held that the appeal board's failure to consider the registrant's conscientious objector claim rendered the induction order void, and subsequent actions did not constitute a waiver of this defect.
• Johnson v. DYE
  175 F.2d 250· 3d Cir.· 1949-05-17 ·cited 30×
  The court held that the petitioner was subjected to cruel and unusual punishment by the State of Georgia, violating the Fourteenth Amendment, and therefore must be discharged from custody.
• Council v. Clemmer
  177 F.2d 22· D.C. Cir.· 1949-05-16 ·cited 30×
  The court held that there is no constitutional requirement for counsel at a preliminary hearing or upon arraignment when a plea of not guilty is entered, and that the admission of guilt was properly admitted.
• Hirota v. MacARTHUR
  338 U.S. 197· U.S.· 1948-12-20 ·cited 30×
  U.S. courts lack the power to review judgments of military tribunals not established by the United States.
• State v. Sullivan
  37 So. 2d 907· Fla.· 1948-12-17 ·cited 30×
  This case concerns whether a witness can refuse to answer questions about Communist Party membership during a criminal communism investigation due to the privilege against self-incrimination. The court held that while the privilege applies, Florida's statutory immunity from prose
• Hunter v. Wade
  169 F.2d 973· 10th Cir.· 1948-09-07 ·cited 30×
  The withdrawal of a court-martial charge due to a tactical situation making witness testimony infeasible does not constitute double jeopardy, allowing for a subsequent trial.
• Tilghman v. Hunter
  167 F.2d 661· 10th Cir.· 1948-04-20 ·cited 30×
  The court held that defects in an indictment are not reviewable in a habeas corpus proceeding after conviction, and the petitioner failed to prove the knowing use of perjured testimony.
• United States ex rel. Kulick v. Kennedy
  157 F.2d 811· 2d Cir.· 1946-10-29 ·cited 30×
  Habeas corpus is available to challenge the validity of an induction order when an appeal would have been futile, and the writ must allow a full inquiry into the evidence supporting the order.
• Sanford v. King
  136 F.2d 106· 5th Cir.· 1943-06-04 ·cited 30×
  The court held that a violation of probation must occur during the lawful probationary period, and sentence cannot be imposed if the violation occurs after the statutory maximum probation period has expired.
• United States ex rel. Jackson v. Brady
  133 F.2d 476· 4th Cir.· 1943-02-09 ·cited 30×
  The court held that the petitioners waived their claim of racial discrimination in jury selection by failing to present evidence or adequately object in the state trial court. The District Court's dismissal of the habeas corpus petition is affirmed.
• McJORDAN v. Huff
  133 F.2d 408· D.C. Cir.· 1943-02-01 ·cited 30×
  Appellant was entitled to counsel at his preliminary hearing and arraignment, and his waiver of this right was not intelligent.
• Adams v. Hudspeth
  121 F.2d 270· 10th Cir.· 1941-05-31 ·cited 30×
  The court held that the appellant's detention was lawful because the parole violator warrant was issued within the original sentence term and his subsequent incarceration on a new sentence interrupted parole jurisdiction.
• State ex rel. George Couper Gibbs v. The Cir. Court
  140 Fla. 378· Fla.· 1939-10-27 ·cited 30×
  The Florida Supreme Court issued a writ of prohibition to prevent a lower court from discharging defendants after their conviction had already been affirmed on appeal. The court held that a lower court cannot interfere with a judgment rendered by an appellate court.
• Ex Parte: Archibald Livingston
  116 Fla. 640· Fla.· 1934-09-26 ·cited 30×
  Archibald Livingston, former President and Director of Citizens Bank of Madison, Florida, was convicted of bank fraud in a trial in Lafayette County following reversal of his original conviction. The Florida Supreme Court holds that all proceedings after an erroneous disposal of
• Riley v. Sweat
  110 Fla. 362· Fla.· 1933-05-31 ·cited 30×
  Riley sought habeas corpus relief from arrest under Florida's 1931 Securities Act for operating as an unregistered securities dealer. The court held that the Act's bond requirement for registration was unconstitutionally oppressive because it made compliance practically impossibl