Habeas Corpus

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

• Edwards v. Holman
  342 F.2d 679· 5th Cir.· 1965-02-09 ·cited 20×
• Rhay v. Browder
  342 F.2d 345· 9th Cir.· 1965-02-05 ·cited 20×
  The court held that the district court erred in granting the writ of habeas corpus because the petitioner waived his constitutional claim by failing to comply with state procedural requisites for objecting to jury instructions.
• Matysek v. United States
  339 F.2d 389· 9th Cir.· 1964-12-11 ·cited 20×
  A person on bail after conviction is not considered 'in custody' for the purposes of seeking relief under 28 U.S.C. § 2255, and therefore the district court lacks jurisdiction.
• Archer v. State
  166 So. 2d 163· Fla. 2d DCA· 1964-07-01 ·cited 20×
  Harold Archer appeals from the denial of his second motion for relief under Florida Criminal Procedure Rule 1, challenging his 1960 guilty plea to burglary entered without counsel. The court reverses, holding that successive motions cannot be dismissed based on prior denials with
• Palumbo v. State OF NEW Jersey
  334 F.2d 524· 3d Cir.· 1964-06-30 ·cited 20×
  The court held that Palumbo had a federal constitutional right to counsel at the time he changed his plea to guilty, and he did not effectively waive this right, thus violating his due process guarantee.
• Ni Pilkinton v. The Cir. Court OF Howell Cnty.
  324 F.2d 45· 8th Cir.· 1963-11-04 ·cited 20×
  The court held that the inability to furnish bail does not, in itself, present a federal question regarding excessive bail.
• Michell v. State of Fla. ex rel. John Thomas Callahan, Jr.
  154 So. 2d 701· Fla. 2d DCA· 1963-05-24 ·cited 20×
  In this habeas corpus case, the Florida District Court of Appeal reversed a lower court's order that would have limited a defendant's sentence to the original one-year term. The court held that when prior proceedings are entirely void due to failure to comply with statutory requi
• Bizup v. Tinsley
  316 F.2d 284· 10th Cir.· 1963-04-18 ·cited 20×
  The federal court affirmed the denial of the writ of habeas corpus, finding no federal constitutional question was presented.
• Casados v. United States
  300 F.2d 845· 5th Cir.· 1962-03-30 ·cited 20×
  The court held that the appellant's objections regarding a prosecutor's reference to a prior conviction, denial of continuances, and a co-defendant's guilty plea were without merit.
• Champlin v. Cochran
  125 So. 2d 565· Fla.· 1960-11-23 ·cited 20×
  Champlin sought habeas corpus release after conviction for child molestation, challenging the validity of his conviction based on the county solicitor's failure to attach an oath to the information. The Florida Supreme Court held that the oath requirement, though constitutional,
• Ducksworth v. Boyer
  125 So. 2d 844· Fla.· 1960-11-16 ·cited 20×
  Escape from lawful confinement for civil contempt is a punishable offense under common law, even if the contempt statute does not apply.
• Taylor v. Godwin
  284 F.2d 116· 10th Cir.· 1960-11-04 ·cited 20×
  The Board of Parole has authority to issue a parole violator warrant within the maximum sentence term, even if the warrant is issued after the statutory parole period, provided the violation occurred during the parole period.
• Cash v. Culver
  120 So. 2d 590· Fla.· 1960-05-11 ·cited 20×
  Ray Cash sought habeas corpus relief from his 15-year burglary sentence, claiming he was denied due process by being refused a continuance to obtain private counsel after his court-appointed attorney withdrew on the eve of trial. The Florida Supreme Court held that while there is
• McKINNEY v. Warden, United States Penitentiary, Leavenworth, Kansas
  273 F.2d 643· 10th Cir.· 1959-12-29 ·cited 20×
  The court held that the contention of ineffective assistance of counsel was not reviewable on habeas corpus as it was not raised within the military system, and the court-martial's voting procedures were proper.
• United States ex rel. Joseph Corbo v. la Vallee
  270 F.2d 513· 2d Cir.· 1959-09-29 ·cited 20×
  The court held that statements made by a defendant during a lengthy detention, after being denied counsel and witnessing the brutal treatment of a co-defendant, were coerced and thus involuntary, violating due process.
• United States ex rel. Albert Sileo v. Martin
  269 F.2d 586· 2d Cir.· 1959-08-14 ·cited 20×
  A federal district court must determine facts when state courts deny relief without making specific findings or issuing an opinion, especially concerning constitutional claims.
• Teague v. Looney
  268 F.2d 506· 10th Cir.· 1959-06-26 ·cited 20×
  The court held that the petitioner's unexpired sentence did not begin to run until the violator warrant was actually executed, as required by statute.
• Application of Raymond C. Hodge For Certificate of Probable Cause
  262 F.2d 778· 9th Cir.· 1958-12-15 ·cited 20×
  The court held that the petitioner's allegations regarding pre-conviction confinement, attorney conduct, and perjured testimony did not present a federal question or demonstrate a denial of constitutional rights sufficient to warrant federal habeas corpus relief.
• Modacsi v. French Taylor and Stella Taylor
  104 So. 2d 664· Fla. 1st DCA· 1958-08-05 ·cited 20×
  The Florida appellate court reversed a habeas corpus judgment that had returned a child to the maternal grandparents, holding that a valid adoption decree in Florida vests complete custody in the adoptive parent and supersedes a prior West Virginia custody order. The court determ
• Winfred Overholser v. Williams
  252 F.2d 629· D.C. Cir.· 1958-01-21 ·cited 20×
  The court held that the petition for civil commitment was jurisdictionally defective for failing to allege insanity as required by statute, thus the release order must be affirmed.
• United States ex rel. Angelo Antonio Cantisani v. Holton
  248 F.2d 737· 7th Cir.· 1957-10-02 ·cited 20×
• Lunce v. Overlade
  244 F.2d 108· 7th Cir.· 1957-05-03 ·cited 20×
  The court held that allegations of grossly incompetent counsel, if proven, constitute a violation of due process under the Fourteenth Amendment, requiring a federal court to review the claim.
• Moore v. Reid
  246 F.2d 654· D.C. Cir.· 1957-05-03 ·cited 20×
  The court held that the parole revocation hearing was fatally invalid because the appellant was not advised of his statutory right to counsel, and thus did not waive it, making the absence of counsel critical.
• Dooling v. Winfred Overholser
  243 F.2d 825· D.C. Cir.· 1957-02-28 ·cited 20×
  A commitment decree is fatally defective if the alleged insane person was not represented by counsel or a guardian ad litem at commission or court hearings.
• Ford v. United States
  234 F.2d 835· 6th Cir.· 1956-06-18 ·cited 20×
  The court held that a motion to vacate a sentence under 28 U.S.C. § 2255 cannot be used to raise issues that should have been addressed on direct appeal, such as the legality of an arrest or the sufficiency of evidence. Furthermore, evidence obtained by state officers not acting
• State of Fla. ex rel. Thomas J. Kelly v. Whisnant
  80 So. 2d 611· Fla.· 1955-05-27 ·cited 20×
  Florida's highest court affirmed a lower court's discharge of defendants from custody via habeas corpus, finding that the information charging them with conspiracy to violate Florida's racing information statute was fatally defective for failing to allege sufficient facts to info
• State ex rel. Johnson v. Mayo
  69 So. 2d 307· Fla.· 1954-01-05 ·cited 20×
  Johnson, on death row for murder, sought habeas corpus relief arguing his death sentence was excessive and discriminatorily applied based on race and age, citing statistics showing that seven non-white defendants aged 15-19 were executed over 12 years while no white defendants in
• Gonzales v. Barber
  207 F.2d 398· 9th Cir.· 1953-09-15 ·cited 20×
  A Filipino national who lawfully entered the United States before Philippine independence did not make an 'entry' as defined by immigration law, and thus cannot be deported for crimes committed after that initial arrival.
• Burns v. Lovett
  202 F.2d 335· D.C. Cir.· 1952-07-31 ·cited 20×
  Habeas corpus is not available to review courts-martial decisions unless there has been a gross violation of constitutional rights that affects the tribunal's basic power to render judgment.
• Olinger v. Partridge
  196 F.2d 986· 9th Cir.· 1952-05-15 ·cited 20×
  A registrant who fails to exhaust administrative remedies before induction cannot obtain judicial review of his classification via habeas corpus.
• Jones v. Squier
  195 F.2d 179· 9th Cir.· 1952-02-28 ·cited 20×
  A federal prisoner seeking to challenge his conviction via habeas corpus must first utilize the remedy provided by 28 U.S.C. § 2255, and cannot seek habeas corpus if the § 2255 remedy is available and has been denied.
• Hicks v. Reid
  194 F.2d 327· D.C. Cir.· 1952-01-03 ·cited 20×
  The court held that a prisoner released under 18 U.S.C. § 716(b) remains subject to parole board supervision until the maximum sentence expires, even if they refuse to sign release conditions.
• Whalen v. Frisbie
  185 F.2d 607· 6th Cir.· 1950-12-19 ·cited 20×
  The court held that the appellant had not exhausted his remedies in the state courts, and therefore, the petition for a writ of habeas corpus was correctly denied.
• United States ex rel. Turpin v. Snyder
  183 F.2d 742· 2d Cir.· 1950-07-06 ·cited 20×
  The court held that the relator did not waive his right to challenge the validity of his Wisconsin conviction by failing to raise it when sentenced as a second offender in New York, and he should be allowed to test the issue in federal court.
• United States ex rel. Steffner v. Carmichael
  183 F.2d 19· 5th Cir.· 1950-06-21 ·cited 20×
  The court held that a prior deportation order, valid when entered under the controlling law at the time, cannot be collaterally attacked in a subsequent proceeding. However, the court reversed and remanded because the second deportation hearing was not conducted in compliance wit
• Michener v. United States
  181 F.2d 911· 8th Cir.· 1950-04-24 ·cited 20×
  The court held that the appellant's motion to vacate judgment and sentence was properly denied because his plea of guilty was not obtained by misrepresentation and his constitutional rights were not violated.
• Sleddens v. Shaughnessy
  177 F.2d 363· 2d Cir.· 1949-10-27 ·cited 20×
  The court held that the immigration authorities' finding that the relator entered the United States as an immigrant without a visa was justified by the evidence.
• United States ex rel. Bartsch v. Watkins
  175 F.2d 245· 2d Cir.· 1949-05-27 ·cited 20×
  The court held that the alien's prior deportation, even if irregular, did not grant him a right to re-enter the United States without complying with immigration laws, and the denial of voluntary departure extension was within the immigration authorities' discretion.
• Carroll v. United States
  174 F.2d 412· 6th Cir.· 1949-05-18 ·cited 20×
• Powell v. Hunter
  172 F.2d 330· 10th Cir.· 1949-01-19 ·cited 20×
  The court held that a prisoner's good time allowance is a privilege that can be forfeited for rule violations, and prison disciplinary actions are within the Attorney General's purview, not subject to district court interference via habeas corpus unless arbitrary or fraudulent.
• Taylor v. Alabama
  335 U.S. 252· U.S.· 1948-06-21 ·cited 20×
  The Court affirmed the Alabama Supreme Court's decision, finding that the state court's rejection of the petitioner's claim was not a violation of due process.
• United States ex rel. Weddeke v. Watkins
  166 F.2d 369· 2d Cir.· 1948-02-04 ·cited 20×
  The court held that the denial of habeas corpus was proper because the Immigration Service was not required to entertain a collateral attack on a state court conviction when denying discretionary relief from deportation.
• Morton v. Welch
  162 F.2d 840· 4th Cir.· 1947-06-20 ·cited 20×
  The court held that alleged errors during a criminal trial, including issues with the indictment, jury selection, and trial counsel, do not constitute a gross violation of constitutional rights sufficient to warrant habeas corpus relief.
• Wallace v. Hunter
  149 F.2d 59· 10th Cir.· 1945-04-18 ·cited 20×
  The court held that habeas corpus is not a substitute for appeal and cannot be used to challenge errors in the admission of evidence or denial of compulsory process when the trial court had jurisdiction.
• COY v. Johnston
  136 F.2d 818· 9th Cir.· 1943-06-25 ·cited 20×
  The court held that the sentence on count two was invalid as it exceeded statutory limits, but the sentence on count one was valid and should be upheld.
• Vanover v. COX
  136 F.2d 442· 8th Cir.· 1943-06-24 ·cited 20×
  The court held that the federal sentence did not begin to run until the appellant was received at the penitentiary, and therefore his imprisonment was not illegal.
• Chandler v. Johnston
  133 F.2d 139· 9th Cir.· 1943-01-22 ·cited 20×
  The court held that a prisoner released early for good conduct under 18 U.S.C.A. § 710 is subject to the parole provisions of 18 U.S.C.A. § 716b, making the release conditional.
• Walleck v. Hudspeth
  128 F.2d 343· 10th Cir.· 1942-05-19 ·cited 20×
  The court held that the petitioner was denied the effective assistance of counsel and that the appellate court had jurisdiction to hear the appeal despite the trial court's order denying in forma pauperis status.
• Zarate v. Culbreath
  150 Fla. 543· Fla.· 1942-05-12 ·cited 20×
  The Florida Supreme Court reversed contempt convictions against eight defendants who included allegations in a disqualification motion claiming a judge 'angrily refused' to consider their bail reduction request, holding that such allegations in a disqualification petition do not
• Buie v. United States
  127 F.2d 367· 5th Cir.· 1942-04-21 ·cited 20×
  The court held that a district court has the inherent power to correct its records to conform to the truth, even after the term has expired, when the original entry was erroneous.