Habeas Corpus

18,782 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Sammie Preston Irby v. State OF Mo.
  502 F.2d 1096· 8th Cir.· 1974-03-25 ·cited 18×
  The court held that the petitioner had exhausted state remedies regarding his claim that his sentence was enhanced by an uncounselled 1956 conviction, and that the state failed to prove an intelligent waiver of counsel for that conviction.
• Cochran v. United States
  489 F.2d 691· 5th Cir.· 1974-02-19 ·cited 18×
  A prisoner is not entitled to credit against his sentence for time spent released on bond prior to conviction.
• Glinsey v. Parker
  491 F.2d 337· 6th Cir.· 1974-02-13 ·cited 18×
  The court held that the admission of co-defendants' confessions, even with limiting instructions, violated the confrontation clause unless the statements were adopted by the defendant or the error was harmless beyond a reasonable doubt. Silence in custody does not constitute adop
• Tillery v. Eyman
  492 F.2d 1056· 9th Cir.· 1974-02-11 ·cited 18×
• United States v. Hester
  489 F.2d 48· 8th Cir.· 1973-12-17 ·cited 18×
  The court held that the district court did not err in denying the motion to vacate the conviction without a hearing, as the claims were not supported by the record or were matters of trial tactics.
• Souza v. Howard
  488 F.2d 462· 1st Cir.· 1973-11-27 ·cited 18×
• Campbell v. State OF Minn.
  487 F.2d 1· 8th Cir.· 1973-11-13 ·cited 18×
  The court held that the defendant was entitled to an evidentiary hearing to determine if the oral testimony supporting the search warrant was given under oath, and that the finding of consent for the blood sample was adequately supported.
• Amaya v. U. S. Bd. OF Parole
  486 F.2d 940· 5th Cir.· 1973-11-09 ·cited 18×
  A person convicted under the repealed 21 U.S.C.A. § 174, who was ineligible for parole under the old 26 U.S.C.A. § 7237(d), can be considered for parole under 18 U.S.C.A. § 4202.
• Whitfield v. Warden OF the Maryland House OF Correction
  486 F.2d 1118· 4th Cir.· 1973-11-08 ·cited 18×
  The court held that a mistrial declared due to a juror's potential exposure to improper influences, even without explicit questioning of the juror, does not bar retrial under the Double Jeopardy Clause.
• Knell v. Bensinger
  489 F.2d 1014· 7th Cir.· 1973-11-06 ·cited 18×
  The court held that an inmate's claim of denial of access to courts and procedural safeguards requires further factual determination, and that a claim regarding diminution of good time should also be reviewed.
• Daigle v. Honorable John E. Warner
  490 F.2d 358· 9th Cir.· 1973-10-24 ·cited 18×
  The Sixth Amendment's guarantee of counsel, as established in Argersinger v. Hamlin, does not extend to summary courts-martial. Furthermore, the Fifth Amendment's due process clause does not mandate the appointment of counsel in every summary court-martial case involving confinem
• Hale v. Henderson
  485 F.2d 266· 6th Cir.· 1973-10-05 ·cited 18×
  The court held that discrimination in the selection of a grand jury foreman pro tempore does not warrant quashing an indictment without a showing of prejudice.
• Fate Bryant v. Caldwell
  484 F.2d 65· 5th Cir.· 1973-09-17 ·cited 18×
  The court held that the appellant's claim of ineffective assistance of counsel due to his attorney's absence during closing arguments was not a valid basis for habeas corpus relief.
• United States ex rel. Gerald Daniel Walker v. Twomey
  484 F.2d 874· 7th Cir.· 1973-08-27 ·cited 18×
  Federal courts should not impose a procedural requirement on state courts to articulate reasons for denying bail pending appeal, and a presumption of regularity applies to state court decisions.
• Mann v. Smith
  488 F.2d 245· 9th Cir.· 1973-07-09 ·cited 18×
  A guilty plea waives all prior constitutional claims, precluding federal habeas corpus review of those claims.
• Rudd v. State
  477 F.2d 805· 5th Cir.· 1973-04-23 ·cited 18×
  The court held that the introduction of identification testimony stemming from unconstitutional pretrial lineups, show-ups, and photo displays was error, warranting habeas corpus relief.
• Thomas v. Beto
  474 F.2d 981· 5th Cir.· 1973-02-28 ·cited 18×
  The court held that trying a defendant in jail garb, while a constitutional error, was harmless beyond a reasonable doubt in this specific case.
• Stillman E. Wilbur, Jr. v. Garrell S. Mullaney
  473 F.2d 943· 1st Cir.· 1973-02-14 ·cited 18×
  A state court's interpretation of its own laws cannot justify a violation of constitutional due process, and a presumption that shifts the burden of proof to the defendant on an essential element of a crime is unconstitutional.
• Ross v. State OF Tex.
  474 F.2d 1150· 5th Cir.· 1973-01-30 ·cited 18×
  The court held that the state's failure to disclose a police report, which was unknown to the prosecutor and unlikely to have altered the jury's verdict, did not violate due process.
• Bryant v. Elliott
  472 F.2d 572· 5th Cir.· 1973-01-19 ·cited 18×
  The court held that the district court correctly dismissed the habeas corpus petition because the Supreme Court's decision in Boykin v. Alabama is not retroactive, and the petitioner's guilty plea predated Boykin.
• Garland v. COX
  472 F.2d 875· 4th Cir.· 1973-01-16 ·cited 18×
  The court held that a presumption of ineffective assistance of counsel is appropriate when counsel is appointed late, and this presumption should not be overcome by a 'totality of the circumstances' approach when evidence is unavailable due to the passage of time or death of coun
• United States ex rel. Alfred Stahl v. Henderson
  472 F.2d 556· 5th Cir.· 1973-01-11 ·cited 18×
  The court held that the trial court did not abuse its discretion in ordering the prisoner to be tried in restraints and prison garb, and that his counsel was not ineffective.
• Workman v. Cardwell
  471 F.2d 909· 6th Cir.· 1972-12-08 ·cited 18×
  The court held that the investigating officer's use of a single photograph for identification was unduly suggestive and a denial of due process, warranting habeas corpus relief.
• Cobb v. Bailey
  469 F.2d 1068· 5th Cir.· 1972-12-07 ·cited 18×
  A state prisoner is not constitutionally entitled to credit for pre-conviction jail time, even when sentenced to the maximum term, absent a statute requiring it or a showing of discrimination.
• Noorlander v. United States Attorney General and His Subordinates
  465 F.2d 1106· 8th Cir.· 1972-09-18 ·cited 18×
  The court held that the Board of Parole did not lose jurisdiction by delaying execution of a warrant issued within the statutory period for mandatory release violations, and that the detainer did not violate due process or equal protection.
• Hilliard v. Beto
  465 F.2d 829· 5th Cir.· 1972-09-01 ·cited 18×
• United States ex rel. James W. Rogers v. Hon. J. Edwin LaVALLEE
  463 F.2d 185· 2d Cir.· 1972-07-05 ·cited 18×
  The court held that the petition for a writ of habeas corpus should be dismissed for failure to exhaust state remedies, as the petitioner had not fully presented his federal claims to the state courts.
• Abram J. Jordan v. Wainwright
  457 F.2d 338· 5th Cir.· 1972-03-27 ·cited 18×
  The court held that a "bona fide doubt" as to a defendant's competency must be raised with sufficient evidence to mandate a sanity hearing, and a mere suggestion of difficulty communicating with counsel is insufficient.
• Dennis v. Cal. Adult Auth.
  456 F.2d 1240· 9th Cir.· 1972-02-15 ·cited 18×
  The court held that while due process requires notice and an opportunity to be heard, it does not absolutely mandate legal counsel or confrontation of adverse witnesses in parole revocation proceedings.
• Downey v. Peyton
  451 F.2d 236· 4th Cir.· 1971-11-18 ·cited 18×
  The court held that while the mention of the defendant's silence at arrest was error, it was harmless. However, allegations of jury bias and discussion of matters outside the evidence require further factual findings.
• Simon v. Moseley
  452 F.2d 306· 10th Cir.· 1971-11-04 ·cited 18×
  The court held that the Board of Parole lost its jurisdiction to execute a parole violator's warrant due to unreasonable delay and lack of diligence in its execution.
• Doyle D. Royal v. Clark
  447 F.2d 501· 5th Cir.· 1971-09-02 ·cited 18×
  The court held that a federal prisoner's confinement in administrative segregation did not constitute cruel and unusual punishment.
• United States ex rel. John Schaedel v. Follette
  447 F.2d 1297· 2d Cir.· 1971-08-13 ·cited 18×
  The court held that a federal habeas applicant who deliberately bypasses state court procedures, including failing to object to evidence or raise issues on appeal, may be denied relief.
• Antonuk v. United States
  445 F.2d 592· 6th Cir.· 1971-07-08 ·cited 18×
  The court held that reservists can be activated under 10 U.S.C. § 673a despite enlistment contract terms, and that the Army's discretionary activation decisions are generally not subject to judicial review unless regulations are violated.
• PFC Carl F. Rothfuss v. Resor
  443 F.2d 554· 5th Cir.· 1971-06-15 ·cited 18×
  The court held that the timing of a conscientious objector application alone, without other supporting evidence, is insufficient to establish a basis in fact for denial. Further factual development is required.
• State OF Mo. v. Turley
  443 F.2d 1313· 8th Cir.· 1971-05-18 ·cited 18×
  The court held that a defendant's desire to avoid jail and plea bargain for dismissal of other charges, even with limited counsel involvement, does not render a guilty plea involuntary if the defendant is experienced and understands the proceedings.
• GIL v. Beto
  440 F.2d 666· 5th Cir.· 1971-03-15 ·cited 18×
  The court held that observing contraband in plain view from a common area does not constitute an unreasonable search under the Fourth Amendment.
• Wood v. Crouse
  436 F.2d 1077· 10th Cir.· 1971-01-28 ·cited 18×
  The court held that the warrantless search of the car was permissible under the circumstances, affirming the denial of habeas corpus relief.
• Herschel J. Giles v. Beto
  437 F.2d 192· 5th Cir.· 1971-01-22 ·cited 18×
  A guilty plea is valid even if induced by a prosecutor's threat to seek the death penalty if the defendant pleads not guilty, as this plea bargaining does not constitute impermissible coercion for habeas corpus relief.
• United States ex rel. Calvin Frizer v. McMANN
  437 F.2d 1312· 2d Cir.· 1971-01-05 ·cited 18×
  The court affirmed the denial of the writ but would vacate the order granting in banc consideration.
• Guajardo v. Luna
  432 F.2d 1324· 5th Cir.· 1970-10-20 ·cited 18×
  There is no constitutional guarantee that non-attorneys may represent other people in litigation, and the requirement that only licensed lawyers may represent others in court is a reasonable rule.
• Tipton v. Baker
  432 F.2d 245· 10th Cir.· 1970-09-28 ·cited 18×
  An increased sentence imposed after a defendant successfully challenged and had their prior sentence set aside does not violate the Double Jeopardy Clause. The due process claim requires further consideration by the district court.
• Childs v. State OF Or. & James C. Holzman
  431 F.2d 272· 9th Cir.· 1970-08-04 ·cited 18×
  The court held that the Oregon state courts correctly applied federal constitutional standards for obscenity and that the book in question is obscene and not constitutionally protected.
• United States ex rel. Stephen J. B. v. Shelly
  430 F.2d 215· 2d Cir.· 1970-06-30 ·cited 18×
• Stokes v. Courtland C. Peyton
  437 F.2d 131· 4th Cir.· 1970-06-04 ·cited 18×
  The court held that the petitioner was denied his constitutional rights due to an inadequate appellate record and ineffective assistance of counsel.
• United States ex rel. Roy C. Brown v. Hon. J. Edwin LaVALLEE
  424 F.2d 457· 2d Cir.· 1970-04-09 ·cited 18×
  The court held that a guilty plea is not rendered involuntary merely because the defendant faced the possibility of the death penalty if convicted at trial, especially when the plea is to a lesser offense and the state's sentencing scheme does not create an unconstitutional diffe
• Walker v. United States
  424 F.2d 278· 5th Cir.· 1970-04-08 ·cited 18×
  A federal prisoner is not entitled to free copies of court records unless a habeas corpus petition has been granted leave to proceed in forma pauperis and is pending.
• Graves v. Beto
  424 F.2d 524· 5th Cir.· 1970-04-03 ·cited 18×
• Thomas v. Beto
  423 F.2d 642· 5th Cir.· 1970-02-25 ·cited 18×
  The court held that the petitioner was denied effective assistance of counsel when his attorney failed to advise him of his right to appeal, thus entitling him to an out-of-time appeal or retrial.
• Bloss v. People OF the State OF Mich.
  421 F.2d 903· 6th Cir.· 1970-02-17 ·cited 18×
  A state prisoner has no absolute federal constitutional right to bail pending appeal, and federal courts will not review state court discretion in granting or withholding bail if state remedies have not been exhausted.