Habeas Corpus

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

• Artie G. Thompson v. Warden Sam P. Garrison
  516 F.2d 986· 4th Cir.· 1975-05-29 ·cited 20×
  A federal court need not grant an evidentiary hearing or compel testimony with immunity if the state court record adequately addresses claims of perjured testimony and prosecutorial misconduct.
• Sylvian Dale Bishop v. Louie L. Wainwright
  511 F.2d 664· 5th Cir.· 1975-04-18 ·cited 20×
  The court held that the habeas corpus petition did not present fundamental errors cognizable in habeas corpus, affirming the denial of the petition.
• Gregory v. Wyse
  512 F.2d 378· 10th Cir.· 1975-03-11 ·cited 20×
  The court held that the temporary solitary confinement and forfeiture of good time and parole eligibility for escapees, as mandated by Colorado statutes, did not constitute cruel and unusual punishment or a denial of due process for which damages are recoverable under § 1983.
• United States ex rel. Michael Hill v. Vito Ternullo
  510 F.2d 844· 2d Cir.· 1975-02-10 ·cited 20×
  The court held that the district court erred in denying an evidentiary hearing on the petitioner's claim that his guilty plea was based on a misunderstanding of sentencing possibilities due to erroneous legal advice from his attorney.
• Frederika Blankner v. The City OF Chicago
  504 F.2d 1037· 7th Cir.· 1974-10-24 ·cited 20×
  The court held that a plaintiff denied a meaningful opportunity to contest the designation and taking of her property due to procedural delays has a right of action under 42 U.S.C. § 1983 for deprivation without due process.
• Williams v. Estelle
  500 F.2d 206· 5th Cir.· 1974-09-06 ·cited 20×
  The court held that compelling a defendant to wear prison garb at trial, despite a request for civilian clothes, violates due process and is not harmless error if the evidence of guilt is not overwhelming.
• State of Fla. ex rel. Kenneth Harrington v. Genung
  300 So. 2d 271· Fla. 2d DCA· 1974-08-02 ·cited 20×
  In this habeas corpus petition, the Florida District Court of Appeal addressed whether a trial court must release on own recognizance a defendant whose suppression motion granted during an interlocutory state appeal. The court held that the statute's mandatory language "shall" is
• Moore v. Wolff
  495 F.2d 35· 8th Cir.· 1974-04-23 ·cited 20×
  A defendant can voluntarily, knowingly, and intelligently waive their right to have counsel present at an interrogation even after counsel has been appointed.
• Stan A. Wallis v. Colonel Oliver E. O'Kier
  491 F.2d 1323· 10th Cir.· 1974-02-19 ·cited 20×
  The court held that a search warrant issued by a commanding officer based on oral probable cause, without oath or affirmation, is valid under military law and does not violate the Fourth Amendment.
• Hill v. Whealon
  490 F.2d 629· 6th Cir.· 1974-01-11 ·cited 20×
  A suspect's initial invocation of the right to remain silent does not preclude subsequent, voluntary statements if new Miranda warnings are given and there is a reasonable basis to infer a voluntary change of mind.
• United States ex rel. Preston Pebworth v. Conte
  489 F.2d 266· 9th Cir.· 1974-01-02 ·cited 20×
  A defendant must be advised of the direct consequences of a guilty plea, including the potential punishment, to ensure the plea is knowing and voluntary.
• Sarzen v. Gaughan
  489 F.2d 1076· 1st Cir.· 1973-12-10 ·cited 20×
  The court held that the petitioner was denied due process because he was not afforded timely notice of critical steps in the commitment process, an opportunity to review and object to the data used for his evaluation, and timely assistance of counsel.
• Hartmann v. Scott
  488 F.2d 1215· 8th Cir.· 1973-12-06 ·cited 20×
  The court held that while a prisoner's claim challenging the fact or duration of confinement must be brought as a habeas corpus petition requiring exhaustion of state remedies, claims seeking declaratory and injunctive relief against the unconstitutionality of a statute are permi
• Jaroslav Sedivy v. Elliot L. Richardson
  485 F.2d 1115· 3d Cir.· 1973-09-26 ·cited 20×
  The court concurred with the result but expressed concern that the jurisdictional amount requirement of 28 U.S.C. § 1331 was not met, suggesting this issue requires further consideration.
• Hooks v. Roberts
  480 F.2d 1196· 5th Cir.· 1973-06-18 ·cited 20×
  The court held that appellate counsel's failure to raise certain trial errors on appeal did not constitute ineffective assistance of counsel, as those errors lacked arguable merit.
• Waite v. Jacobs
  475 F.2d 392· D.C. Cir.· 1973-03-08 ·cited 20×
  The court held that while the burden of proof is generally on the petitioner in habeas corpus, in the special circumstances of a pre-Bolton acquitee whose confinement has exceeded the maximum potential sentence, the government may bear the burden of proving continued mental illne
• Hargrett v. Louie L. Wainwright
  474 F.2d 987· 5th Cir.· 1973-03-02 ·cited 20×
  Federal courts must dismiss habeas petitions that raise issues not first presented to a state court, requiring exhaustion of state remedies.
• Janes v. Heidtman
  272 So. 2d 207· Fla. 4th DCA· 1973-01-25 ·cited 20×
  The Circuit Court has jurisdiction to issue writs of habeas corpus and grant bail, even without appellate jurisdiction over the originating court.
• Sammie L. Nelson v. Moore
  470 F.2d 1192· 1st Cir.· 1972-12-14 ·cited 20×
  The court held that the district court erred in dismissing the habeas corpus applications without prejudice for failure to exhaust state remedies, as the search and seizure claims were either properly addressed by state courts or constituted harmless error.
• Keeton v. Procunier
  468 F.2d 810· 9th Cir.· 1972-10-19 ·cited 20×
  The court held that while the Adult Authority is immune from damages claims, a prisoner's claim of constitutional rights interference by unidentified state officials warrants further proceedings and opportunity to amend.
• Shelton v. Brunson
  465 F.2d 144· 5th Cir.· 1972-08-17 ·cited 20×
  The court held that the reenlistment contract clause is ambiguous regarding the appellant's physical qualification for a commission and remanded for further proceedings to determine the parties' intent and the existence of misrepresentation.
• Hiram Cazes Parnell v. Louie L. Wainwright
  464 F.2d 735· 5th Cir.· 1972-07-20 ·cited 20×
  The court affirmed the district court's adoption of the magistrate's findings, holding that the search was substantially contemporaneous with a valid arrest, thus not violating the Fourth Amendment.
• Flint v. Howard
  464 F.2d 1084· 1st Cir.· 1972-06-15 ·cited 20×
  The court denied the petition for rehearing, finding no merit in the petitioner's arguments regarding misleading court actions, the application of Rule 6(e), or treating a motion for reconsideration as a motion to vacate judgment.
• United States ex rel. Eugene Fitzgerald v. LaVALLEE
  461 F.2d 601· 2d Cir.· 1972-05-23 ·cited 20×
  The court affirmed the district court's grant of habeas corpus, finding that the petitioner's guilty plea was involuntary due to his heroin influence at the time.
• Holland v. Henderson
  460 F.2d 978· 5th Cir.· 1972-05-08 ·cited 20×
  The court held that dual representation by counsel in a joint trial, where the attorney's strategy to establish an alibi for one co-defendant prejudiced the other by preventing effective cross-examination, constitutes ineffective assistance of counsel.
• Johnson v. Louie L. Waxnwright
  456 F.2d 1200· 5th Cir.· 1972-02-25 ·cited 20×
  A guilty plea is not rendered involuntary by erroneous advice that the maximum sentence was less than the statutory maximum, especially when the actual sentence imposed was less than the statutory maximum. Furthermore, a trial court has no constitutional obligation to advise a de
• Private Alfred J. Rainha v. Myles D. Cassidy
  454 F.2d 207· 1st Cir.· 1972-01-13 ·cited 20×
  The court denied the stay because the petitioner failed to respond to a notice of deficiencies, effectively waiving his right to protest his involuntary activation.
• Dorado v. Kerr
  454 F.2d 892· 9th Cir.· 1972-01-04 ·cited 20×
  The court held that informal, statewide procedural policies of the California Adult Authority are not subject to the three-judge court requirement of 28 U.S.C. § 2281, and that prisoners do not have a constitutional right to counsel or access to records in administrative parole a
• Gunsolus v. Gagnon
  454 F.2d 416· 7th Cir.· 1971-12-28 ·cited 20×
  The court held that the due process clause requires a hearing before probation revocation and that counsel must be provided to indigent probationers for such hearings. It also determined that the Hahn decision requiring a hearing should be applied retroactively to certain pending
• Torance C. Jackson v. State OF La.
  452 F.2d 451· 5th Cir.· 1971-12-14 ·cited 20×
  The court affirmed the denial of a certificate of probable cause because the petitioner failed to exhaust remedies in California, where his current sentence was being served and parole was affected by the prior conviction.
• United States ex rel. Charles Townsend v. Twomey
  452 F.2d 350· 7th Cir.· 1971-11-19 ·cited 20×
  The district court did not abuse its discretion in granting a writ of habeas corpus based on an involuntary confession, as res judicata does not apply to successive petitions and the facts supported a finding of involuntariness.
• Johns v. Louie L. Wainwright
  253 So. 2d 873· Fla.· 1971-10-27 ·cited 20×
  Habeas corpus will not be used to circumvent appellate rules or reconsider issues already decided by a District Court of Appeal.
• Gosa v. Mayden
  450 F.2d 753· 5th Cir.· 1971-10-12 ·cited 20×
  The court held that intermediate appellate courts are not free to selectively reject retroactivity when the Supreme Court has not clearly established such a power, especially concerning courts of limited jurisdiction.
• Bonaparte v. Smith
  448 F.2d 385· 5th Cir.· 1971-09-16 ·cited 20×
  The district court erred in finding intentional bypass of state remedies without an evidentiary hearing.
• United States ex rel. Samuel Ross v. LaVALLEE
  448 F.2d 552· 2d Cir.· 1971-09-03 ·cited 20×
• Goldsmith v. Cheney
  447 F.2d 624· 10th Cir.· 1971-09-01 ·cited 20×
  The court held that the Wyoming accessory statute could apply to acts committed outside the state, and that a prior conspiracy conviction did not bar the accessory charge due to the distinct nature of the offenses.
• Jackson v. Attorney General OF the United States
  447 F.2d 747· 5th Cir.· 1971-08-23 ·cited 20×
  The court held that a federal prisoner is not entitled to credit for time spent in state custody if the federal detainer did not cause the denial of state bail, but rather the prisoner's inability to make bail.
• Dominguez v. Henderson
  447 F.2d 207· 5th Cir.· 1971-07-13 ·cited 20×
  The court held that Boykin v. Alabama, requiring inquiry into the voluntariness of guilty pleas, is not retroactive to pleas entered before its decision.
• United States ex rel. Pedro Crispin v. Mancusi
  448 F.2d 233· 2d Cir.· 1971-07-12 ·cited 20×
  The court held that the petitioner failed to demonstrate ineffective assistance of counsel, as the defense attorney employed reasonable strategies despite the strong prosecution case and the identification procedures were not impermissibly suggestive.
• United States ex rel. William Epton v. Nenna
  446 F.2d 363· 2d Cir.· 1971-06-30 ·cited 20×
  The court held that the district court correctly denied the habeas corpus petition, affirming that prior Supreme Court rulings and intervening precedent foreclosed reconsideration of most claims, and that the remaining claims regarding conspiracy to riot lacked merit.
• Venson Woodall v. Neil
  444 F.2d 92· 6th Cir.· 1971-06-16 ·cited 20×
  The court held that the petitioner's allegations regarding his retained counsel's failure to perfect an appeal, without his consent or knowledge, were sufficient to require an evidentiary hearing in the District Court.
• Cleophus Young v. State OF Ala.
  443 F.2d 854· 5th Cir.· 1971-06-07 ·cited 20×
• Linton Edward Wilson v. Louie L. Wainwright
  248 So. 2d 249· Fla. 1st DCA· 1971-04-27 ·cited 20×
  A lawyer may reveal confidential communications when accused of wrongful conduct by the client regarding representation, if necessary to defend against the accusation.
• Piazzola v. Watkins
  442 F.2d 284· 5th Cir.· 1971-04-27 ·cited 20×
  The court held that a warrantless search of student dormitory rooms, even under a university regulation, violates the Fourth Amendment if conducted for the primary purpose of criminal prosecution.
• Baldwin v. Lewis
  442 F.2d 29· 7th Cir.· 1971-04-22 ·cited 20×
  The court held that the federal district court erred in granting a writ of habeas corpus because the petitioner had not sufficiently exhausted his state remedies, and the circumstances did not justify bypassing the exhaustion doctrine.
• Foley Ford Gephart v. Beto
  441 F.2d 319· 5th Cir.· 1971-04-16 ·cited 20×
  The court held that the use of extraneous crimes evidence in a state trial, when properly adjudicated under state rules, does not present a federal question warranting habeas corpus relief.
• United States ex rel. Charles Singleton v. Woods
  440 F.2d 835· 7th Cir.· 1971-02-18 ·cited 20×
  A trial judge must advise indigent defendants of their right to appeal and their right to court-appointed counsel if they cannot afford one, as failure to do so violates the Fourteenth Amendment's equal protection and due process clauses.
• Summerville v. Cook
  438 F.2d 1196· 5th Cir.· 1971-02-16 ·cited 20×
  The court held that the district court did not err in denying the petition for habeas corpus relief.
• Thurman E. Wood v. Maj. Fred Ross
  434 F.2d 297· 4th Cir.· 1970-11-16 ·cited 20×
  A state cannot constitutionally impose a harsher sentence on a defendant who appeals their conviction than was imposed in the initial trial, as this violates due process and potentially double jeopardy.
• Trigg v. Moseley
  433 F.2d 364· 10th Cir.· 1970-10-20 ·cited 20×
  The court held that a federal prisoner must exhaust state remedies before seeking federal habeas corpus relief to remove a state detainer, as the state court is the primary forum to determine speedy trial rights.