Habeas Corpus

18,781 Florida cases classified under this topic · sorted by citation count

• Cleveland v. Ciccone
  517 F.2d 1082· 8th Cir.· 1975-06-10 ·cited 28×
  Federal prisoners are entitled to reasonably prompt hearings on parole or release violation warrants, and deferring such hearings until the expiration of an intervening sentence violates due process.
• Drewey Aaron, Jr. v. Capps
  507 F.2d 685· 5th Cir.· 1975-02-03 ·cited 28×
  The court held that the petitioner's failure to challenge jury composition and public trial restrictions constituted a deliberate bypass of state remedies, thus waiving his right to raise these issues on federal habeas corpus.
• Rothman v. United States
  508 F.2d 648· 3d Cir.· 1975-01-31 ·cited 28×
  The court held that a pro se prisoner's petition, even if styled under § 2255, should be treated as a writ of coram nobis if the petitioner is no longer in custody and alleges fundamental errors of fact.
• Prince v. State OF Ala.
  507 F.2d 693· 5th Cir.· 1975-01-31 ·cited 28×
  The court held that the Alabama courts erred in denying the habeas corpus petition, finding that the appellant was denied his Sixth and Fourteenth Amendment right to a speedy trial due to an unconstitutional nine-year delay.
• United States ex rel. Jesse Owens v. Twomey
  508 F.2d 858· 7th Cir.· 1974-12-31 ·cited 28×
  The court held that the petitioner had exhausted his state judicial remedies and that the district court erred in dismissing his habeas corpus petition on that ground. The court further found that the evidence challenged as fruit of an illegal search was admissible under the inde
• Hansen v. MAY
  502 F.2d 728· 9th Cir.· 1974-08-15 ·cited 28×
  A state prisoner's claim for lost or confiscated property, even if mislabeled as a habeas petition, should be treated as a Civil Rights Act claim and allowed to proceed, with opportunities for amendment.
• Garton v. Swenson
  497 F.2d 1137· 8th Cir.· 1974-06-11 ·cited 28×
  The court held that the district court erred in denying an evidentiary hearing based on a narrow interpretation of the 'farce and mockery' standard for ineffective assistance of counsel. The court also affirmed the denial of relief on the claim of prosecutorial misconduct.
• Rawls v. Daughters OF Charity OF Saint Vincent De Paul, Inc.
  491 F.2d 141· 5th Cir.· 1974-03-15 ·cited 28×
  The court affirmed the jury verdict for defendants, holding that the plaintiff's failure to move for a directed verdict precluded appellate review of the sufficiency of the evidence for her false imprisonment and civil rights claims. The court also affirmed the denial of summary
• Burton v. Ciccone
  484 F.2d 1322· 8th Cir.· 1973-10-04 ·cited 28×
  The court held that while a clerical error caused a delayed parole hearing, the petitioner is not entitled to release; however, the case must be remanded to determine if the subsequent hearing complied with the Parole Board's rules.
• Iverson v. State OF N.D.
  480 F.2d 414· 8th Cir.· 1973-06-11 ·cited 28×
  The court held that the search warrant was supported by probable cause, the preliminary hearing did not violate due process despite petitioner's alleged incompetency, and the statement made during the State's Attorney's Inquiry was voluntary and not obtained in violation of the p
• Donner Joseph LeBLANC v. Henderson
  478 F.2d 481· 5th Cir.· 1973-04-17 ·cited 28×
  A post-conviction evidentiary hearing can cure a defective trial transcript regarding a guilty plea's voluntariness and intelligence.
• United States ex rel. Carlos Ortiz v. Fritz
  476 F.2d 37· 2d Cir.· 1973-03-26 ·cited 28×
  The court affirmed the denial of the habeas corpus petition, holding that under circuit precedent, Bruton v. United States does not apply when codefendants' confessions interlock.
• Arrant v. Louie L. Wainwright
  468 F.2d 677· 5th Cir.· 1972-10-24 ·cited 28×
  The court held that the appellant's Sixth Amendment right to a speedy trial was violated due to excessive delay and the state's actions that prejudiced the defense.
• State OF S.D. v. Long
  465 F.2d 65· 8th Cir.· 1972-08-24 ·cited 28×
  Confessions obtained during custodial interrogation without adequate Miranda warnings are inadmissible. However, confessions obtained during non-custodial interrogation are admissible, and a state attorney's open recording of a privileged conversation, without evidence of prejudi
• Fiocconi v. Attorney General of the United States
  462 F.2d 475· 2d Cir.· 1972-06-12 ·cited 28×
  The court held that the principle of specialty, which prevents trying an extradited person for offenses other than those for which extradition was granted, applies even when extradition is obtained through comity rather than treaty. However, the court found that Italy would not c
• MacOn v. Lash
  458 F.2d 942· 7th Cir.· 1972-04-06 ·cited 28×
  The court held that the petitioner's federal claim regarding the denial of his right to appeal due to his counsel's error was fairly presented to the state courts, satisfying the exhaustion requirement.
• Aalund v. Marshall
  461 F.2d 710· 5th Cir.· 1972-03-07 ·cited 28×
  The court affirmed the denial of habeas corpus, holding that the alien received adequate notice and that the denial of discretionary relief was not arbitrary or capricious.
• Hughes v. Swenson
  452 F.2d 866· 8th Cir.· 1971-12-16 ·cited 28×
  The court held that a valid waiver of Miranda rights can be established by the prosecution showing the defendant was effectively advised of his rights and knowingly and understandingly declined to exercise them, without an express declaration of waiver.
• O'Callahan v. The United States
  451 F.2d 1390· Ct. Cl.· 1971-12-10 ·cited 28×
  The Court of Claims held that the plaintiff's claim for military pay accrued on the date of his discharge, not the date of the Supreme Court's decision invalidating his court-martial conviction, and was therefore barred by the statute of limitations.
• Williams v. Rogers
  449 F.2d 513· 8th Cir.· 1971-09-28 ·cited 28×
  The court held that the Military Bases in the Philippines Agreement provides sufficient authority for the return of Sergeant Williams to the Philippines for trial, and that his situation constituted constructive custody allowing for habeas corpus review.
• Reed v. United States
  441 F.2d 569· 9th Cir.· 1971-04-30 ·cited 28×
• State of Fla. ex rel. Jackson Henry Smith v. Royal Untreiner
  246 So. 2d 158· Fla. 1st DCA· 1971-03-25 ·cited 28×
  Petitioner, charged with conspiracy to commit burglary, possession of burglary tools, and marijuana possession, challenged bail of $100,000 as excessive under Florida constitutional provisions. The court affirmed the bail amount, holding that the trial judge properly considered t
• Loper v. Beto
  440 F.2d 934· 5th Cir.· 1971-03-24 ·cited 28×
  The court held that prior convictions can be used for impeachment even if obtained without counsel, and that the petitioner's other claims regarding ineffective counsel, suppressed evidence, parole revocation, and discovery were without merit.
• Hunt v. Local Bd. NO. 197
  438 F.2d 1128· 3d Cir.· 1971-02-05 ·cited 28×
  The court held that the appellant failed to establish subject matter jurisdiction in the district court because his claims involved factual determinations and discretionary judgments by the local board, which are barred from pre-induction review by statute.
• Zales v. Henderson
  433 F.2d 20· 5th Cir.· 1970-10-21 ·cited 28×
  A guilty plea to a habitual offender charge forecloses a defendant's right to challenge the validity of prior convictions used for sentence enhancement.
• United States ex rel. Richard Lawrence v. Woods
  432 F.2d 1072· 7th Cir.· 1970-10-19 ·cited 28×
  A federal district court's ruling declaring a municipal ordinance unconstitutional is not binding on a state appellate tribunal when the ruling was made in an unrelated case and the state appeal was already pending.
• Gilday v. Palmer C. Scafati
  428 F.2d 1027· 1st Cir.· 1970-06-24 ·cited 28×
  The court held that the rule prohibiting the use of uncounseled convictions to support guilt or enhance punishment also prevents their use for impeachment, that this rule applies retroactively, and that the admission of three uncounseled convictions for impeachment in this case c
• Ward v. State
  236 So. 2d 187· Fla. 1st DCA· 1970-06-11 ·cited 28×
  A voluntary guilty plea, entered on advice of counsel, constitutes a waiver of all non-jurisdictional defects occurring prior to the plea.
• Williams v. Louie L. Wainwright
  427 F.2d 921· 5th Cir.· 1970-06-11 ·cited 28×
  The court affirmed the denial of the habeas corpus petition, finding that the jury selection process did not violate the petitioner's constitutional rights.
• Hawkins v. Bennett
  423 F.2d 948· 8th Cir.· 1970-03-19 ·cited 28×
  The federal court erred in denying a habeas corpus petition without an evidentiary hearing when the state court hearing was deficient.
• Negre v. Larsen
  418 F.2d 908· 9th Cir.· 1969-11-06 ·cited 28×
  There was a basis in fact for the Department of the Army's finding that the appellant did not qualify as a conscientious objector.
• Wilson v. Phend
  417 F.2d 1197· 7th Cir.· 1969-10-28 ·cited 28×
  The court held that a petitioner alleging ineffective assistance of counsel, even retained counsel, has alleged sufficient facts to compel an evidentiary hearing, as gross unfairness in conviction constitutes state action.
• United States ex rel. Harris Tobias v. Laird
  413 F.2d 936· 4th Cir.· 1969-07-25 ·cited 28×
  The court held that the Army arbitrarily and capriciously denied the applicant conscientious objector status, violating due process and regulations.
• Moore v. Smith
  412 F.2d 720· 7th Cir.· 1969-06-16 ·cited 28×
  The court held that the timely issuance of a mandatory release violator's warrant prior to the expiration of the maximum sentence is sufficient, and execution may occur thereafter, especially when incarceration for a new offense tolls the prior sentence term.
• Beto v. Stacks
  408 F.2d 313· 5th Cir.· 1969-02-28 ·cited 28×
  The use of a constitutionally void conviction for sentence enhancement in a one-stage recidivist trial is inherently prejudicial and violates due process, even if other valid convictions exist.
• Ghazi Abraham v. Louie L. Wainwright
  407 F.2d 826· 5th Cir.· 1969-02-24 ·cited 28×
  There is no constitutional right to appointed counsel for indigent defendants in state post-conviction proceedings.
• In re Kelly
  401 F.2d 211· 5th Cir.· 1968-08-30 ·cited 28×
  The court held that a petitioner seeking discharge as a conscientious objector must first exhaust available military remedies before seeking federal habeas corpus relief.
• Heryford v. Parker
  396 F.2d 393· 10th Cir.· 1968-06-14 ·cited 28×
  The court held that the Fourteenth Amendment due process standards established in Gault, requiring the right to counsel in commitment proceedings, apply retroactively to this case.
• Pope v. Swenson
  395 F.2d 321· 8th Cir.· 1968-06-10 ·cited 28×
  The court held that a petitioner is bound by his counsel's deliberate strategic waiver of constitutional objections, even if the petitioner himself did not knowingly participate in the decision, precluding federal habeas relief.
• United States ex rel. Adrian Rosa v. Follette
  395 F.2d 721· 2d Cir.· 1968-05-28 ·cited 28×
  A guilty plea is not rendered involuntary merely because the trial judge informed the defendant of the specific sentence he would impose, especially when the plea discussions were primarily between the prosecutor and the defendant.
• Scarbrough v. Dutton
  393 F.2d 6· 5th Cir.· 1968-04-18 ·cited 28×
  The court held that the denial of a preliminary hearing and sentencing before verdict do not constitute grounds for habeas corpus relief.
• Wade v. Yeager
  377 F.2d 841· 3d Cir.· 1967-05-31 ·cited 28×
  The court held that the district court properly dismissed the appellant's petition for habeas corpus without a hearing, but modified the order to allow the appellant to file a new petition regarding certain claims.
• United States ex rel. Donald E. Starner v. Russell
  378 F.2d 808· 3d Cir.· 1967-05-25 ·cited 28×
  A state court may impose a greater sentence following a new trial, even if the initial sentence was based on a guilty plea and later vacated, as long as the new sentence is within statutory limits and does not violate due process.
• Tribby v. Cameron
  379 F.2d 104· D.C. Cir.· 1967-04-14 ·cited 28×
• United States ex rel. Arthur Jackson v. Myers
  374 F.2d 707· 3d Cir.· 1967-03-16 ·cited 28×
  A sentence imposed based on materially inaccurate assumptions about a defendant's criminal record violates due process, even if counsel was present, if counsel's efforts to correct the errors were inadequate.
• Falagan v. Louie L. Wainwright
  195 So. 2d 562· Fla.· 1967-02-22 ·cited 28×
  Morris Falagan petitioned for habeas corpus relief, challenging the calculation of his sentence imposed after a retrial on the original charges. The Florida Supreme Court held that the trial court's sentence language entitled Falagan to credit for all time served in the state pen
• Roberts v. Dutton
  368 F.2d 465· 5th Cir.· 1966-11-01 ·cited 28×
  The court held that the defendant was denied effective assistance of counsel due to the extremely short time for preparation and the lack of thorough investigation and presentation of the defense.
• Martin v. Commonwealth OF Va. & C. C. Peyton
  365 F.2d 549· 4th Cir.· 1966-07-26 ·cited 28×
  A conviction obtained when a court-appointed attorney has had insufficient time to investigate and prepare the case violates due process, even without a showing of specific prejudice.
• Athel Robert Gemmel v. Buchkoe
  358 F.2d 338· 6th Cir.· 1966-04-07 ·cited 28×
  The Sixth Circuit held that a federal court cannot grant habeas corpus relief for errors in state jury instructions on state law, absent a showing of fundamental unfairness or deprivation of constitutional rights.
• Clark v. Beto
  359 F.2d 554· 5th Cir.· 1966-03-22 ·cited 28×