Habeas Corpus

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

• van Blaricom v. Forscht
  490 F.2d 461· 5th Cir.· 1974-03-06 ·cited 22×
  The en banc court vacated the panel opinion and removed the appeal from the docket because the appellant was a fugitive, making him unavailable for judgment.
• Harris v. Estelle
  487 F.2d 1293· 5th Cir.· 1974-01-11 ·cited 22×
  The court held that claims not presented to state courts must be dismissed without prejudice for failure to exhaust state remedies, while exhausted claims can be decided on the merits.
• McKINNEY v. Louie L. Wainwright
  488 F.2d 28· 5th Cir.· 1974-01-11 ·cited 22×
  The court held that the trial court did not abuse its discretion in denying the motion for continuance, and thus affirmed the dismissal of the habeas petition.
• Montgomery v. Hopper
  488 F.2d 877· 5th Cir.· 1973-12-13 ·cited 22×
  The court held that the petitioner did not knowingly and understandingly bypass state remedies, thus federal habeas review is not precluded.
• Lofton v. Procunier
  487 F.2d 434· 9th Cir.· 1973-09-17 ·cited 22×
  The court held that the district court erred in denying the petition without an evidentiary hearing on the adequacy of the appointed counsel.
• Gissendanner v. Louie L. Wainwright
  482 F.2d 1293· 5th Cir.· 1973-07-17 ·cited 22×
  The court held that petitioners lacked standing to challenge a suppressed confession that was not used against them, and that their identification was not the fruit of that confession. The court also found that other claims lacked merit or did not rise to constitutional dimension
• United States ex rel. Alexander Little v. Twomey
  477 F.2d 767· 7th Cir.· 1973-04-19 ·cited 22×
  Defense counsel's failure to properly present an insanity defense, even if the psychiatrist's testimony was improperly excluded, did not constitute ineffective assistance of counsel because the defense lacked substance.
• Valarie Goguen v. Smith
  471 F.2d 88· 1st Cir.· 1972-12-14 ·cited 22×
  The court held that the Massachusetts flag contempt statute is unconstitutionally vague and overbroad, violating the First and Fourteenth Amendments.
• O'Connor v. Attorney General OF the United States and J. D. Henderson
  470 F.2d 732· 5th Cir.· 1972-12-12 ·cited 22×
  The court held that the prisoner must exhaust administrative remedies before a court can determine if a federal detainer prevented his release on bail during a specific period.
• Jones v. Swenson
  469 F.2d 535· 8th Cir.· 1972-11-09 ·cited 22×
  The court held that the district court did not err in dismissing the petition for writ of habeas corpus without a hearing, as petitioner failed to demonstrate a constitutional violation.
• Heads v. Beto
  468 F.2d 240· 5th Cir.· 1972-10-17 ·cited 22×
  The admission of evidence concerning other murders, when accompanied by limiting instructions, did not deny due process or fundamental fairness.
• Taylor v. The State OF Ariz.
  471 F.2d 848· 9th Cir.· 1972-10-06 ·cited 22×
  The court held that the photograph was lawfully seized incident to a lawful arrest based on probable cause, and that the 'mere evidence' rule, as rejected by Warden v. Hayden, did not require vacating the conviction.
• United States ex rel. Carl M. Robinson v. Zelker
  468 F.2d 159· 2d Cir.· 1972-09-28 ·cited 22×
  The dissenting judge believes that adversary judicial criminal proceedings had not commenced at the time of the pre-trial show-up, meaning the defendant was not entitled to counsel.
• Baker v. Eisenstadt
  456 F.2d 382· 1st Cir.· 1972-02-23 ·cited 22×
  The court held that the grant of immunity was coextensive with the Fifth Amendment privilege, the contempt adjudication was proper, and the multiple penalties were permissible.
• United States ex rel. Jerry Roth v. Zelker
  455 F.2d 1105· 2d Cir.· 1972-02-15 ·cited 22×
  The court held that the petitioner was not denied due process because the facts of his case were distinguishable from Pate v. Robinson, and no reasonable doubt existed regarding his competency to plead guilty.
• In re Lieutenant Commander Elliott R. Tressan v. Hon. Melvin Laird
  454 F.2d 761· 9th Cir.· 1972-01-25 ·cited 22×
  The court held that the Chief of Naval Personnel's denial of Tressan's conscientious objector discharge application lacked a basis in fact, as Tressan's explanation for the late crystallization of his beliefs was reasonable and supported by the record.
• Watt v. Page
  452 F.2d 1174· 10th Cir.· 1972-01-07 ·cited 22×
  The court held that while the appearance of a defendant in jail clothing might be prejudicial, it does not automatically require reversal, and the matter requires an evidentiary hearing to determine if the error was harmless beyond a reasonable doubt.
• Johnson v. Louie L. Wainwright
  453 F.2d 385· 5th Cir.· 1971-12-28 ·cited 22×
  The court affirmed the denial of the petition for writ of habeas corpus because the petitioner had not exhausted his state remedies regarding the claim of denial of a right to appeal.
• Powell v. Hocker
  453 F.2d 652· 9th Cir.· 1971-12-10 ·cited 22×
  The court held that the Gault decision applies retroactively to juvenile certification hearings and that a guilty plea does not waive the right to counsel at such a hearing if the right was not known at the time of the plea.
• Tannehill v. Cletus J. Fitzharris
  451 F.2d 1322· 9th Cir.· 1971-11-29 ·cited 22×
  The court held that the district court's denial of the habeas corpus petition was inadequate because it relied on state appellate opinions instead of transcripts and improperly applied res judicata.
• Ward v. Louie L. Wainwright
  450 F.2d 409· 5th Cir.· 1971-11-03 ·cited 22×
  The court held that the jailhouse show-up identification procedure, while impermissibly suggestive, did not create a substantial likelihood of irreparable misidentification given the reliability of the initial identification during the crime itself.
• Abner Junior Stephens v. COX
  449 F.2d 657· 4th Cir.· 1971-10-12 ·cited 22×
  The court held that a substantial disparity between the proportion of Negroes in the general population and their representation on juries, coupled with an opportunity for discrimination in the selection process, establishes a prima facie case requiring an evidentiary hearing.
• Gaines v. Craven
  448 F.2d 1236· 9th Cir.· 1971-09-27 ·cited 22×
  The court held that the police officer's actions, including the initial stop and entry into the apartment, were constitutionally permissible, and any error regarding cross-examination was harmless.
• Rener v. Beto
  447 F.2d 20· 5th Cir.· 1971-08-11 ·cited 22×
• Lawrence v. Louie L. Wainwright
  445 F.2d 281· 5th Cir.· 1971-06-08 ·cited 22×
  The court held that the prisoner was not denied due process by the prosecution calling witnesses who invoked their Fifth Amendment right, nor by the prosecution mentioning co-defendants' guilty pleas, as these did not rise to a constitutional violation.
• Lovallo v. Resor
  443 F.2d 1262· 2d Cir.· 1971-05-24 ·cited 22×
  The court held that the Army's denial of a conscientious objector discharge had a sufficient basis in fact, particularly regarding the applicant's objection to a specific assignment.
• United States ex rel. Otis Chestnut v. Crim. Court OF the City OF NEW York
  442 F.2d 611· 2d Cir.· 1971-05-05 ·cited 22×
  The court held that the New York County grand jury selection system, despite its underrepresentation of certain groups, did not violate petitioners' due process or equal protection rights.
• Frazier v. Roberts
  441 F.2d 1224· 8th Cir.· 1971-04-07 ·cited 22×
  The court held that a search warrant issued based on an affidavit supplemented by unsworn oral testimony violates the Fourth Amendment's requirement of probable cause supported by oath or affirmation.
• Pena v. Schultz
  245 So. 2d 49· Fla.· 1971-02-24 ·cited 22×
  The discharge of the relator was final and res judicata, barring a second prosecution under an identical information due to the state's failure to accord a speedy trial and its failure to seek timely review of the discharge orders.
• Walker v. Beto
  437 F.2d 1018· 5th Cir.· 1971-02-10 ·cited 22×
  The court held that the use of a flashlight to observe items in plain view did not constitute an illegal search, and prosecutorial comments were permissible.
• Ulis Lando Pennington v. Beto
  437 F.2d 1281· 5th Cir.· 1971-02-05 ·cited 22×
  The court held that the district court's hearing on habeas corpus was overly restricted and its findings inadequate, requiring remand for further proceedings.
• Harris v. Lou V. Brewer
  434 F.2d 166· 8th Cir.· 1970-11-19 ·cited 22×
  The court held that a federal court can entertain a habeas corpus claim of illegal search and seizure, even if procedurally forfeited in state court, if the prisoner did not deliberately waive the claim.
• Williams v. Smith
  434 F.2d 592· 5th Cir.· 1970-11-17 ·cited 22×
  A voluntary guilty plea waives all prior non-jurisdictional defects, including claims of illegal arrest, incommunicado detention, and ineffective assistance of counsel.
• Woodards v. Cardwell
  430 F.2d 978· 6th Cir.· 1970-08-17 ·cited 22×
  The court held that excluding jurors for general objections to the death penalty violates Witherspoon v. Illinois, and that shackling a defendant throughout a trial without sufficient justification constitutes a denial of due process and a fair trial.
• Martin v. Louie L. Wainwright
  428 F.2d 356· 5th Cir.· 1970-07-08 ·cited 22×
  The court held that the prosecutor's actions did not amount to a denial of due process, even if they might have been improper under state law.
• United States ex rel. Robert Baskerville v. Deegan
  428 F.2d 714· 2d Cir.· 1970-06-17 ·cited 22×
  The denial of a continuance did not deprive the appellant of his constitutional right to counsel, and the arrest was based on probable cause.
• Tyler v. Swenson
  427 F.2d 412· 8th Cir.· 1970-06-12 ·cited 22×
  A state court evidentiary hearing is not fair when the judge who presided over the original plea also acts as the trier of fact, relying on his own recollection of events that are disputed by the petitioner and cannot be cross-examined.
• Allen v. Hoyt C. Cupp
  426 F.2d 756· 9th Cir.· 1970-04-30 ·cited 22×
  A confession is not a product of an illegal arrest if the police did not exploit the illegal arrest and the confession was obtained through means sufficiently distinguishable from the illegal detention.
• Earnest v. Moseley
  426 F.2d 466· 10th Cir.· 1970-04-14 ·cited 22×
• Garnett v. Olin G. Blackwell
  423 F.2d 1211· 5th Cir.· 1970-03-20 ·cited 22×
  A prisoner released conditionally under 18 U.S.C. § 4163 who violates the terms of release forfeits accumulated good time and must serve the remainder of the sentence.
• Packard v. Major General Andrew P. Rollins
  422 F.2d 525· 8th Cir.· 1970-03-02 ·cited 22×
  The court held that there was no basis in fact for the Army's denial of the appellee's request for separation as a conscientious objector, despite his voluntary enlistment and commissioning.
• Haggard v. State OF Tenn. & Honorable Joseph D. Duncan
  421 F.2d 1384· 6th Cir.· 1970-02-10 ·cited 22×
  Federal courts lack jurisdiction to issue writs of mandamus to state courts or their officers, and habeas corpus relief requires exhaustion of state remedies.
• United States ex rel. Donnell Leonard Luster v. Colonel William H. McBEE
  422 F.2d 562· 7th Cir.· 1970-02-09 ·cited 22×
  The court held that there was a basis in fact for the Selective Service Board's classification and denial of hardship deferment, and that the induction order was valid despite procedural irregularities in its postponement.
• Andrus v. Turner
  421 F.2d 290· 10th Cir.· 1970-02-06 ·cited 22×
  The court held that the Utah insufficient funds statute's penalty provision does not violate the Due Process or Equal Protection Clauses of the Fourteenth Amendment.
• Lucas v. People OF the State OF Mich.
  420 F.2d 259· 6th Cir.· 1970-01-05 ·cited 22×
  The court held that the last sentence of Article 1, § 11 of the Michigan Constitution conflicts with the Fourth Amendment as applied to the states, and that requiring exhaustion of state remedies would be futile.
• United States ex rel. Harley J. Beal v. Skaff
  418 F.2d 430· 7th Cir.· 1969-11-26 ·cited 22×
  The court held that a search warrant issued based on probable cause that contraband would be delivered to a premises, and executed forthwith after delivery, is constitutionally valid.
• Matthews v. Hardy
  420 F.2d 607· D.C. Cir.· 1969-08-29 ·cited 22×
  The court held that the prisoner's transfer to a mental institution was an administrative matter within the discretion of prison authorities, not requiring a judicial hearing. The court also found no justiciable issue regarding future transfers as none were threatened.
• Moreno v. Beto
  415 F.2d 154· 5th Cir.· 1969-08-11 ·cited 22×
  The failure of trial counsel to question the voluntariness of a confession, based on an unawareness of the then-unconstitutional Texas procedure for determining voluntariness, does not constitute a deliberate bypass of state procedures, allowing the issue to be raised on federal
• Parrish v. Beto
  414 F.2d 770· 5th Cir.· 1969-08-04 ·cited 22×
• Madison Lee Reynolds v. State
  224 So. 2d 769· Fla. 2d DCA· 1969-07-02 ·cited 22×
  Reynolds, imprisoned in Texas on a Florida sentence, sought post-conviction relief under Florida Rule of Criminal Procedure 1.850, alleging he was denied his Sixth Amendment right to counsel before Gideon v. Wainwright. The court held that a person imprisoned outside Florida on a