Habeas Corpus

18,782 Florida cases classified under this topic · sorted by citation count

• James v. Copinger
  428 F.2d 235· 4th Cir.· 1970-06-16 ·cited 24×
  The court held that petitioners must first present their novel constitutional claim, arising from the Supreme Court's decision in North Carolina v. Pearce, to the respective state courts before seeking federal habeas corpus relief, as they failed to exhaust state remedies on this
• Henderson v. Cardwell
  426 F.2d 150· 6th Cir.· 1970-05-18 ·cited 24×
  The court held that a prisoner's claim of being denied an appeal due to lack of knowledge of his right and counsel's failure to advise him is cognizable in habeas corpus, and remanded for an evidentiary hearing.
• Sangaree v. Hamlin
  235 So. 2d 729· Fla.· 1970-05-13 ·cited 24×
  A defendant arrested without warrant seeks habeas corpus release, alleging lack of preliminary hearing before grand jury indictment and constitutional violations during interrogation. The Florida Supreme Court denies the writ, holding that a preliminary hearing is not a prerequis
• MacDONALD v. Musick
  425 F.2d 373· 9th Cir.· 1970-04-20 ·cited 24×
  The dissenting judge believes the majority's approach is unrealistic and would affirm the district court's judgment.
• Benoit v. Wingo
  423 F.2d 880· 6th Cir.· 1970-04-03 ·cited 24×
  The court held that the appellant was denied effective assistance of counsel on his state appeal, entitling him to a review of his conviction or release.
• Pringle v. Beto
  424 F.2d 515· 5th Cir.· 1970-03-26 ·cited 24×
  The court affirmed the district court's dismissal of the habeas corpus petition, finding the sentence cumulation complied with state law.
• United States ex rel. Henry D. Harris v. Hendricks
  423 F.2d 1096· 3d Cir.· 1970-03-13 ·cited 24×
  A consent to a warrantless search is not rendered a nullity simply because the consenting party was unaware of their Fourth Amendment rights or was not explicitly advised of them.
• United States ex rel. George Combs v. LA Vallee
  417 F.2d 523· 2d Cir.· 1969-10-22 ·cited 24×
  The court held that the mother's consent to search the apartment was voluntary and valid, and that the search was constitutional.
• Whiteley v. Meacham
  416 F.2d 36· 10th Cir.· 1969-09-30 ·cited 24×
  The court held that the petitioner had not exhausted his state remedies for several claims and that the arrest and search were lawful under pre-Chimel standards, thus affirming the denial of the habeas corpus writ.
• Mills v. Louie Wainwright
  415 F.2d 787· 5th Cir.· 1969-09-10 ·cited 24×
  The Court held that fingerprints obtained during an illegal arrest, even if the arrest was a sham to investigate other crimes for which probable cause might have existed, are inadmissible evidence.
• United States ex rel. Charles Anderson v. Mancusi
  413 F.2d 1012· 2d Cir.· 1969-07-17 ·cited 24×
  The court held that the pretrial identification procedures used were not so unnecessarily suggestive as to deny due process.
• Settimo (Sam) Accardi v. Olin G. Blackwell
  412 F.2d 911· 5th Cir.· 1969-06-11 ·cited 24×
  The court held that the district court properly denied the appellant's motions for correction of sentence and for a writ of habeas corpus.
• George v. Nelson
  410 F.2d 1179· 9th Cir.· 1969-05-09 ·cited 24×
  A federal district court has jurisdiction to entertain a habeas corpus application from a state prisoner in its district of confinement, even if the challenged conviction is from another state.
• United States ex rel. Mark Fein v. Deegan
  410 F.2d 13· 2d Cir.· 1969-03-24 ·cited 24×
  The court affirmed the decision below, holding that the defense's failure to exercise reasonable diligence in trial preparation barred relief based on newly discovered evidence.
• Richardson v. State of Fla. ex rel. Richard Douglas Milton
  219 So. 2d 77· Fla. 3d DCA· 1969-02-18 ·cited 24×
  A Florida appellate court reversed a circuit court's habeas corpus decision that retroactively applied In re Gault's right-to-counsel protections to a juvenile's original delinquency hearing and probation revocation. The court held that Gault does not apply retroactively to eithe
• Curry v. Wilson
  405 F.2d 110· 9th Cir.· 1968-12-13 ·cited 24×
  A defendant's counsel can waive constitutional objections as a matter of trial strategy, and this waiver binds the defendant, even if the state court initially considered the merits of the waived claims.
• Millard v. Harris
  406 F.2d 964· D.C. Cir.· 1968-11-08 ·cited 24×
  The court held that the Sexual Psychopath Act, when interpreted to mean 'not mentally ill,' is not applicable to the appellant because his past sexual misconduct does not demonstrate a likelihood of future dangerousness sufficient to justify commitment under the statute.
• Powers v. Powers
  400 F.2d 438· 5th Cir.· 1968-09-11 ·cited 24×
  The court held that the district court must make findings of fact regarding whether the registrant received misleading information from the draft board about his appeal rights, as this could constitute a denial of due process.
• Myers v. Frye
  401 F.2d 18· 7th Cir.· 1968-07-12 ·cited 24×
• Kennedy v. Sigler
  397 F.2d 556· 8th Cir.· 1968-07-12 ·cited 24×
  A prior conviction is not rendered void by an erroneous sentence, and a juvenile can be prosecuted as an adult in district court, thus the 1946 conviction was valid for habitual criminal statute purposes.
• Maxwell v. Bishop
  398 F.2d 138· 8th Cir.· 1968-07-11 ·cited 24×
  The court held that the statistical evidence presented did not establish a prima facie case of racial discrimination in sentencing for the petitioner's specific case, and thus did not shift the burden to the state to justify the sentencing disparity.
• Stepp v. Beto
  398 F.2d 814· 5th Cir.· 1968-07-11 ·cited 24×
  A prisoner may challenge a consecutive sentence even if currently serving a shorter sentence, if the shorter sentence is valid.
• Smith v. The State OF Tex.
  395 F.2d 958· 5th Cir.· 1968-06-10 ·cited 24×
  The court held that the appellant is entitled to a judicial determination of the voluntariness of his confession, as required by Jackson v. Denno, and that the rule in Jackson v. Denno is retroactive.
• Goins v. Allgood
  391 F.2d 692· 5th Cir.· 1968-03-12 ·cited 24×
  The court held that the district court erred in summarily denying the habeas corpus petition without a hearing, as a new ground of systematic exclusion of Negroes from the grand jury was presented. The court found the facts regarding this exclusion undisputed and ordered the peti
• Beardslee v. United States
  387 F.2d 280· 8th Cir.· 1967-12-21 ·cited 24×
  The court held that the trial court's jury instruction on second-degree murder was erroneous because it failed to require malice aforethought, which is an essential element of second-degree murder under 18 U.S.C. § 1111(a).
• United States ex rel. John W. Singer v. Myers
  384 F.2d 279· 3d Cir.· 1967-10-20 ·cited 24×
  The court held that the District Court erred in granting a writ of habeas corpus without first affording Pennsylvania courts an opportunity for an evidentiary hearing on the voluntariness of the confession and in failing to abstain pending exhaustion of state post-conviction reme
• Johnson v. Middlebrooks
  383 F.2d 386· 5th Cir.· 1967-10-06 ·cited 24×
  The court held that the arrest was based on probable cause, and the appellant was not illegally deprived of a transcript or appeal opportunity.
• Knowles v. Gladden
  378 F.2d 761· 9th Cir.· 1967-05-03 ·cited 24×
  A voluntary and understanding guilty plea conclusively establishes all elements of the offense, rendering the admissibility of prior confessions immaterial.
• Alphonso Russell Williams v. Peyton
  372 F.2d 216· 4th Cir.· 1967-01-26 ·cited 24×
  The court held that a prisoner is 'in custody' for habeas corpus purposes if prior invalid convictions, even if not currently being served, demonstrably restrict parole eligibility on current sentences.
• Johnson v. Wilson
  371 F.2d 911· 9th Cir.· 1967-01-19 ·cited 24×
  The court held that the district court erred in dismissing the appellant's petition for habeas corpus without an evidentiary hearing.
• Spanbauer v. Burke
  374 F.2d 67· 7th Cir.· 1966-12-28 ·cited 24×
  The dissenting judge believes the petitioner's waiver of counsel was made under circumstances that denied him due process, rendering the waiver invalid.
• Wynn v. Page
  369 F.2d 930· 10th Cir.· 1966-12-20 ·cited 24×
  The court held that the appellant was not afforded his fundamental right to assistance of counsel concerning his right to appeal and did not knowingly forego that right.
• Gaito v. Strauss
  368 F.2d 787· 3d Cir.· 1966-11-08 ·cited 24×
  The court affirmed the dismissal of the civil rights action, finding the damages claim barred by the statute of limitations and equitable relief unavailable.
• United States ex rel. Oscar Bjornsen v. Honorable J. Edwin LaVALLEE
  364 F.2d 489· 2d Cir.· 1966-07-13 ·cited 24×
  The court held that the state does not have an affirmative constitutional obligation to advise a convicted defendant of their right to appeal or the procedure to do so.
• Arley C. Browning v. Crouse
  356 F.2d 178· 10th Cir.· 1966-02-09 ·cited 24×
  The court held that a docket entry and judge's affidavit are insufficient to prove a defendant was advised of his right to counsel, rendering the conviction void. However, the excess portion of a sentence is severable, meaning the prisoner is not entitled to release if a valid po
• Weathers v. Willingham
  356 F.2d 421· 10th Cir.· 1966-02-04 ·cited 24×
  The court held that parole, even with restrictive conditions, does not constitute continued imprisonment for the purpose of serving a sentence.
• State of Fla. ex rel. Richard E. Gerstein v. Honorable George E. Schulz
  180 So. 2d 367· Fla. 3d DCA· 1965-11-23 ·cited 24×
  The Florida District Court of Appeal resolved a jurisdictional dispute over whether a circuit court may hear a habeas corpus petition seeking reduction of bail set by a criminal court of record before trial. The court held that the circuit court has jurisdiction to hear such peti
• Cunningham v. Heinze
  352 F.2d 1· 9th Cir.· 1965-10-18 ·cited 24×
  The court held that the district court erred in dismissing the habeas petition without an evidentiary hearing, as substantial questions regarding consent and authority to waive privacy rights were raised.
• Miller v. Crouse
  346 F.2d 301· 10th Cir.· 1965-06-02 ·cited 24×
  The court held that a petitioner's illiteracy does not preclude a forgery conviction and that the record sufficiently shows the petitioner was aware of the charges and consequences through his counsel, thus denying a writ of habeas corpus without an evidentiary hearing was proper
• United States ex rel. Joseph Miles Walker v. Fogliani
  343 F.2d 43· 9th Cir.· 1965-03-05 ·cited 24×
  The court held that the district court should have abstained and allowed Nevada state courts the first opportunity to consider the impact of Escobedo v. Illinois on the appellant's conviction.
• Nash v. United States
  342 F.2d 366· 5th Cir.· 1965-02-23 ·cited 24×
• Morgan Simpson v. State
  165 So. 2d 195· Fla. 2d DCA· 1964-06-12 ·cited 24×
  Morgan Simpson appealed the denial of his motion for post-conviction relief seeking to vacate his 1953 robbery conviction and 30-year sentence. The court affirmed the denial, holding that Simpson could not relitigate identical grounds that had already been fully adjudicated and f
• McCORMICK v. State
  164 So. 2d 557· Fla. 3d DCA· 1964-06-02 ·cited 24×
  McCormick appeals the denial of his motion for relief from a life sentence imposed as a fourth felony offender, claiming the three prior convictions were unconstitutional because he lacked counsel at those trials. The court affirms the denial but clarifies that Criminal Rule 1 is
• Waugaman v. United States
  331 F.2d 189· 5th Cir.· 1964-04-27 ·cited 24×
  The court held that the prisoner's prior unsuccessful motion under 28 U.S.C. § 2255 did not render the remedy inadequate or ineffective, thus habeas corpus was correctly denied.
• Ezekiel Bates v. Rivers
  323 F.2d 311· D.C. Cir.· 1963-08-15 ·cited 24×
  The court held that the appellant is not entitled to credit for time spent on parole against his original sentence upon revocation.
• Roberts v. State
  154 So. 2d 695· Fla. 2d DCA· 1963-05-17 ·cited 24×
  Charles Roberts appeals the revocation of his probation and concurrent sentences of 6-18 months. The Florida Supreme Court had previously held that the original revocation based on Polk County convictions was improper because Roberts was a minor and his parents were not notified.
• Nelms v. United States
  318 F.2d 150· 4th Cir.· 1963-05-10 ·cited 24×
  The court held that the per curiam opinion's observations disparaging the petitioner's case were ill-advised and could prejudice the upcoming hearing.
• Sing v. Louie L. Wainwright
  148 So. 2d 19· Fla.· 1962-11-14 ·cited 24×
  The court held that a habeas corpus petition cannot be used to raise issues that were or could have been raised on direct appeal, especially when the underlying legal principle was already recognized in state law.
• Marvel R. Neal v. State of Fla. ex rel. J. A. Neal & Zenia Neal
  135 So. 2d 891· Fla. 1st DCA· 1961-12-21 ·cited 24×
  A Florida appellate court reversed a trial court's judgment awarding custody of a minor child to grandparents based on a Mississippi habeas corpus decree. The court held that custody decrees are not entitled to full faith and credit protection and may be modified based on comity
• Taylor v. Simpson
  292 F.2d 698· 10th Cir.· 1961-06-23 ·cited 24×
  A parole violator warrant is considered 'issued within the maximum term' if signed and action is commenced before the term expires, even if not executed within that time.