Habeas Corpus

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

• United States ex rel. Lyman A. Moore v. Brierton
  560 F.2d 288· 7th Cir.· 1977-08-12 ·cited 26×
  The court held that the district court correctly applied the reasonable doubt standard from United States v. Agurs and that the undisclosed evidence did not create a reasonable doubt of the petitioner's guilt.
• Rayford Conner v. Officer Walter Pickett
  552 F.2d 585· 5th Cir.· 1977-05-18 ·cited 26×
  The court held that the dismissal of the plaintiff's damage claims against the police officers was improper because the district court failed to determine if the plaintiff was in 'custody' for habeas corpus purposes, which is a prerequisite to dismissing a Section 1983 claim on t
• Hallowell v. Keve
  555 F.2d 103· 3d Cir.· 1977-04-22 ·cited 26×
  The dissenting judge believes the jury charge improperly placed the burden of persuasion regarding provocation on the defendant, violating Mullaney v. Wilbur.
• Sosa v. United States
  550 F.2d 244· 5th Cir.· 1977-04-08 ·cited 26×
  The court held that the district court properly entertained the Section 2255 motion despite the voluntary dismissal of the direct appeal, and that the Fourth Amendment claim was cognizable. However, the court vacated the judgment and remanded for a hearing on the necessity of a h
• Mack v. McCUNE
  551 F.2d 251· 10th Cir.· 1977-03-02 ·cited 26×
  The court held that a parolee's due process rights were not violated by the revocation of parole, even though the underlying state conviction was later reversed.
• Chavez v. Rodriguez
  540 F.2d 500· 10th Cir.· 1976-08-26 ·cited 26×
  Federal habeas corpus relief is not available for Fourth Amendment claims when the state has provided an opportunity for full and fair litigation of that claim.
• Bracco v. Amos E. Reed
  540 F.2d 1019· 9th Cir.· 1976-08-20 ·cited 26×
  A state prisoner cannot obtain federal habeas corpus relief on a Fourth Amendment claim if the state provided an opportunity for full and fair litigation of that claim.
• Pinnell v. Cauthron
  540 F.2d 938· 8th Cir.· 1976-08-20 ·cited 26×
  The court held that the petitioner was denied effective assistance of counsel at trial due to his attorney's gross incompetence and lack of diligence, which prejudiced the outcome.
• Mychael W. McCOY v. United States Bd. OF Parole
  537 F.2d 962· 8th Cir.· 1976-06-14 ·cited 26×
  The court held that a federal district court has jurisdiction to hear a habeas corpus petition if the custodian responsible for the petitioner's confinement can be served with process within the district, even if the petitioner is confined elsewhere.
• Lunz v. Henderson
  533 F.2d 1322· 2d Cir.· 1976-02-26 ·cited 26×
  The court held that a habeas corpus petitioner's claims of an involuntarily entered guilty plea, denial of effective assistance of counsel, and denial of the right of allocution were correctly rejected by the district court.
• Marchesani v. Sub Nom. Gary McCUNE
  531 F.2d 459· 10th Cir.· 1976-02-17 ·cited 26×
  The court held that the classification of a prisoner as a 'Special Offender' based on the nature of their convictions does not violate due process, and such classification is within the sound discretion of prison officials.
• Weed v. Louie L. Wainwright
  325 So. 2d 44· Fla. 4th DCA· 1975-12-31 ·cited 26×
  Kenneth Glenn Weed appeals his conviction for breaking and entering with intent to commit grand larceny, challenging an inventory search of his automobile conducted by police. The Florida Fourth District Court of Appeal held the inventory search was unreasonable and illegal, reve
• Griffith v. Wyrick
  527 F.2d 109· 8th Cir.· 1975-12-08 ·cited 26×
  A guilty plea induced by a belief of a specific sentence, especially when combined with claims of coercion, is involuntary if that belief is not unreasonable and not properly addressed by the court.
• Edwards v. Warden Sam P. Garrison
  529 F.2d 1374· 4th Cir.· 1975-10-13 ·cited 26×
  A prisoner's allegations of an unkept plea bargain may entitle them to an evidentiary hearing, even if they denied promises at arraignment, if they reasonably allege why their prior statements should not be conclusive.
• Winford v. Swenson
  517 F.2d 1114· 8th Cir.· 1975-06-04 ·cited 26×
• United States ex rel. Edward LaBELLE v. Hon. J. Edwin LaVALLEE
  517 F.2d 750· 2d Cir.· 1975-05-30 ·cited 26×
  The court held that LaBelle's arrest was lawful because probable cause existed for a felony, even though the arrest warrant was for a misdemeanor and invalid. The search of his car was also lawful.
• Poteet v. Fauver
  517 F.2d 393· 3d Cir.· 1975-05-07 ·cited 26×
  A defendant cannot be subjected to an increased sentence because they refuse to admit guilt after a jury verdict, as this violates due process.
• Maglaya v. Buchkoe
  515 F.2d 265· 6th Cir.· 1975-04-21 ·cited 26×
  The court held that the defendant may have been deprived of effective assistance of counsel due to counsel's failure to investigate and present critical evidence regarding the prosecution's key witness's mental condition.
• United States ex rel. Larry Johnson v. Vincent
  507 F.2d 1309· 2d Cir.· 1974-11-08 ·cited 26×
  The court held that the petitioner failed to exhaust state remedies because the federal constitutional claim was not fairly presented to the state courts.
• O'Berry v. Louie L. Wainwright
  300 So. 2d 740· Fla. 4th DCA· 1974-08-02 ·cited 26×
  The Florida District Court of Appeal affirmed O'Berry's conviction and sentence, finding no reversible error and holding that petitioner's critical contentions were not preserved for appellate review due to lack of proper and timely objection at trial.
• United States ex rel. Lonnie Leston Gibbs v. Zelker
  496 F.2d 991· 2d Cir.· 1974-04-23 ·cited 26×
  The court held that the petitioner has not exhausted state remedies because his federal constitutional claims were not fairly presented to the New York state courts.
• Rivera v. Louie L. Wainwright
  488 F.2d 275· 5th Cir.· 1974-01-17 ·cited 26×
  The court held that a state prisoner's failure to challenge jury selection procedures pre-trial, absent a showing of cause, constitutes a waiver of that claim, precluding federal habeas corpus relief.
• United States v. Bernett
  495 F.2d 943· D.C. Cir.· 1974-01-10 ·cited 26×
  The court affirmed the conviction, holding that the admission made in a noncustodial setting was voluntary, and any error in failing to instruct the jury on the weight of the admission was nonprejudicial.
• Sanders v. Craven
  488 F.2d 478· 9th Cir.· 1973-11-30 ·cited 26×
  A guilty plea generally bars independent constitutional claims, but a claim of ineffective assistance of counsel regarding the right to appeal is not foreclosed and must be considered on its merits.
• United States ex rel. Alton Cannon v. Montanye
  486 F.2d 263· 2d Cir.· 1973-10-19 ·cited 26×
  The dissenting judge argues that the writ of habeas corpus should issue because the prosecution improperly introduced evidence of the contents of a typewritten statement, and the jury instructions were insufficient to cure this error.
• United States v. Masters
  484 F.2d 1251· 10th Cir.· 1973-09-14 ·cited 26×
  The court held that the indictment was not multiplicitous, the materiality of testimony is a question of law, and evidence of prior convictions is admissible to prove perjury. The statute 18 U.S.C. § 1621 was found constitutional, and the indictment did not constitute double jeop
• Nat Villiam Wright v. State OF N.C. & David Henry
  483 F.2d 405· 4th Cir.· 1973-08-02 ·cited 26×
  The court held that the Miranda warning given was constitutionally adequate and the petitioner's statement was voluntarily made, thus affirming the dismissal of his habeas petition.
• Gutierrez v. Estelle
  474 F.2d 899· 5th Cir.· 1973-03-01 ·cited 26×
  Prior felony sentences that could be attacked for lack of counsel at sentencing do not nullify the fact of the underlying conviction when used for enhancement.
• DeCHRISTOFORO v. Donnelly
  473 F.2d 1236· 1st Cir.· 1973-02-22 ·cited 26×
• United States ex rel. Raymond G. Lasky v. Hon. J. Edwin LaVALLEE
  472 F.2d 960· 2d Cir.· 1973-01-19 ·cited 26×
  The court held that the State failed to present sufficient credible evidence that the petitioner was represented by counsel during his 1960 Arkansas conviction, and therefore, that conviction could not be used to enhance his sentence in New York.
• Birzon v. King
  469 F.2d 1241· 2d Cir.· 1972-12-06 ·cited 26×
  The court held that while the parole condition itself was constitutional, the revocation hearing was fundamentally unfair and denied due process by relying solely on an unverified state parole report without allowing confrontation or disclosure of informants.
• Bentley v. Crist
  469 F.2d 854· 9th Cir.· 1972-11-27 ·cited 26×
  Compelling an accused to stand trial in prison clothing may deny the presumption of innocence, and such a denial requires reversal unless harmless beyond a reasonable doubt.
• Bryant v. Elliott
  467 F.2d 1109· 5th Cir.· 1972-10-04 ·cited 26×
  The court held that the appeal, though slightly late, should be remanded to allow the petitioner to seek an extension of time based on excusable neglect.
• Hill v. Louie L. Wainwright
  465 F.2d 414· 5th Cir.· 1972-08-08 ·cited 26×
  A state prisoner receiving the maximum sentence must be credited for all presentence jail time if unable to make bail due to indigence.
• Justin v. Jacobs
  449 F.2d 1017· D.C. Cir.· 1971-05-18 ·cited 26×
  The court held that while the appellant's release mooted claims regarding treatment and confinement, the validity of his original commitment as a sexual psychopath remained a live issue due to potential collateral consequences. However, the court also held that the 1958 commitmen
• United States of Amercia ex rel. Emile A. Turner v. Rundle
  438 F.2d 839· 3d Cir.· 1971-01-26 ·cited 26×
  The court held that the relator's state remedies were exhausted regarding his Miranda claim and that he was not adequately advised of his right to free counsel. The court also found that a hearing was required to determine if the relator waived his rights under Kent v. United Sta
• Dodd v. Beto
  435 F.2d 868· 5th Cir.· 1970-12-29 ·cited 26×
  The court held that the district court correctly denied the habeas corpus petition because probable cause existed for the arrest and search, and any evidentiary error was not of constitutional magnitude.
• Connor v. Picard
  434 F.2d 673· 1st Cir.· 1970-12-10 ·cited 26×
  The court held that substituting a defendant's true name for 'John Doe' on an indictment, without a grand jury finding probable cause against that specific individual, violates the Equal Protection Clause of the Fourteenth Amendment.
• Smith v. COX
  435 F.2d 453· 4th Cir.· 1970-12-08 ·cited 26×
  The court held that a state prisoner is entitled to an inquiry into the competency of the sentencing judge, as a denial of due process, and remanded for further proceedings.
• United States v. Joslin
  434 F.2d 526· D.C. Cir.· 1970-10-12 ·cited 26×
  The court held that the trial court should have appointed new counsel when the appellant's counsel requested to withdraw due to the appellant's inconsistent actions.
• State of Fla. ex rel. Earl Faircloth v. Hon. Spencer C. Cross
  238 So. 2d 81· Fla.· 1970-07-08 ·cited 26×
  The Florida Supreme Court granted the Attorney General's petition for writ of prohibition, vacating the District Court of Appeal's jurisdiction over a direct appeal from oral judgments of guilt. The court held that judgments must be rendered in writing, signed, and filed to be ap
• Losieau v. Sigler
  421 F.2d 825· 8th Cir.· 1970-02-06 ·cited 26×
  The court affirmed the district court's order granting a conditional writ of habeas corpus, finding that the petitioner's conviction was based on illegally seized evidence and that he did not waive his right to raise the issue.
• Bretti v. Louie L. Wainwright
  225 So. 2d 516· Fla.· 1969-07-30 ·cited 26×
  Dominick Angel Bretti, a convicted robber who became a fugitive while appealing a second conviction, challenges the dismissal of his appeal. The Florida Supreme Court holds that a defendant who flees the state while an appeal is pending may have that appeal dismissed and has no c
• Gairson v. Hoyt C. Cupp
  415 F.2d 352· 9th Cir.· 1969-07-25 ·cited 26×
  A trial attorney's failure to protect an indigent client's right to appeal, by filing a notice or advising on procedure, constitutes ineffective assistance of counsel.
• Cooley v. Stone
  414 F.2d 1213· D.C. Cir.· 1969-07-14 ·cited 26×
  A juvenile cannot be lawfully held in custody without a prompt judicial determination of probable cause, and habeas corpus is an appropriate remedy to challenge such detention.
• United States ex rel. Peter S. Brooks v. Clark Clifford
  412 F.2d 1137· 4th Cir.· 1969-06-25 ·cited 26×
  The dissenting judge believes the Army Board for the Correction of Military Records should be recognized as an administrative forum for conscientious objector claims, requiring exhaustion of remedies before judicial intervention.
• Marden v. Purdy
  409 F.2d 784· 5th Cir.· 1969-04-10 ·cited 26×
  The court held that an applicant free on bond satisfies the "in custody" requirement for federal habeas corpus jurisdiction and that the state court's denial of a motion to suppress evidence was proper.
• Montos v. Smith
  406 F.2d 1243· 5th Cir.· 1969-02-03 ·cited 26×
  The court held that the appellant's contentions lacked merit and affirmed the district court's denial of the habeas corpus petition.
• Townsend v. Henderson
  405 F.2d 324· 6th Cir.· 1968-12-26 ·cited 26×
  A confession obtained from a prisoner in solitary confinement, under circumstances implying further punishment, is involuntary and inadmissible. The admission of such a confession in a joint trial, even with limiting instructions, violates the co-defendant's Sixth Amendment right
• United States ex rel. John Cunningham v. The Hon. Harold W. Follette
  397 F.2d 143· 2d Cir.· 1968-07-02 ·cited 26×
  The court held that the arrest was based on probable cause and the guilty plea was voluntary, affirming the denial of the habeas corpus petition.