Habeas Corpus

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

• United States ex rel. Robert James Long v. Pate
  418 F.2d 1028· 7th Cir.· 1970-01-08 ·cited 18×
  The court held that the district court properly denied the appellant's petition for a writ of habeas corpus, affirming the denial of relief for both the 1953 and 1963 convictions.
• Silberberg v. Commanding Officer
  420 F.2d 662· 1st Cir.· 1970-01-06 ·cited 18×
  A servicemember seeking discharge as a conscientious objector is entitled to that discharge if the military's denial is not based on a factual basis in the administrative record, even if the servicemember performed some noncombatant duties.
• Langford v. State OF Ala.
  422 F.2d 760· 5th Cir.· 1969-12-30 ·cited 18×
• Booker v. Phillips
  418 F.2d 424· 10th Cir.· 1969-11-12 ·cited 18×
  The court held that the appellant's reprosecution for first-degree murder after her initial conviction for manslaughter was reversed violated the Fifth Amendment's double jeopardy clause, as applied to the states through the Fourteenth Amendment.
• Featherston v. Mitchell
  418 F.2d 582· 5th Cir.· 1969-11-10 ·cited 18×
  A mistrial declared due to a manifest necessity to determine a defendant's competency to stand trial does not bar a subsequent retrial under the Double Jeopardy Clause.
• United States ex rel. Charles Lee Allison v. State of N.J.
  418 F.2d 332· 3d Cir.· 1969-10-29 ·cited 18×
  The court held that the Massiah rule, prohibiting post-indictment interrogation without counsel, should not be applied retroactively to convictions that were final before the decision, as its primary purpose is to curb interrogation, not to enhance trial reliability.
• Jackson v. State
  227 So. 2d 354· Fla. 4th DCA· 1969-10-08 ·cited 18×
  James Jackson appeals from orders denying motions to vacate his robbery conviction. The trial court initially failed to adjudicate him insolvent despite his affidavit, and his privately retained attorneys abandoned his direct appeal, leading to dismissal for failure to prosecute.
• Bernes B. Stone v. Wingo
  416 F.2d 857· 6th Cir.· 1969-10-03 ·cited 18×
  The court held that the district court correctly denied the petition for a writ of habeas corpus, finding no merit in the appellant's claims regarding indictment amendment, unlawful search and seizure, quotient verdict, or failure to instruct on aiding and abetting.
• Davis v. Sigler
  415 F.2d 1159· 8th Cir.· 1969-09-16 ·cited 18×
  The admission of codefendants' confessions in a joint trial, even with limiting instructions, violates the defendant's Sixth Amendment right to confrontation when the confessions powerfully incriminate the defendant.
• United States ex rel. Donald Howard Montgomery v. Brierley
  414 F.2d 552· 3d Cir.· 1969-08-06 ·cited 18×
  The court held that the district court must determine if all claims were raised in state courts and, if so, conduct evidentiary hearings on exhaustion, relief, and waiver of confession challenge.
• Kinser v. Bennett J. Cooper
  413 F.2d 730· 6th Cir.· 1969-07-25 ·cited 18×
  The court held that the prosecutor's comment on a co-defendant's failure to testify, though legal at the time of trial, violated the appellant's constitutional right to a fair trial under subsequent Supreme Court rulings.
• Krieger v. Brig. Gen. James Terry
  413 F.2d 73· 9th Cir.· 1969-06-25 ·cited 18×
  The court held that the district court did not err in dismissing the habeas corpus application without prejudice for failure to exhaust administrative remedies, but that the district court should have held the proceeding in abeyance rather than dismissing it.
• Marsano v. Hon. Melvin Laird
  412 F.2d 65· 2d Cir.· 1969-06-16 ·cited 18×
  A graduate student who has never received a mandatory undergraduate deferment after June 30, 1967, is statutorily entitled to a I-S postponement of induction until the end of the academic year.
• Arrington v. Maxwell
  409 F.2d 849· 6th Cir.· 1969-05-05 ·cited 18×
  The court held that remanding the case to the state trial court for a determination of the voluntariness of the admissions under the correct legal standard was permissible, and that the admissions were not inadmissible under Massiah v. United States.
• Anderson v. General Lewis B. Hershey
  410 F.2d 492· 6th Cir.· 1969-04-11 ·cited 18×
• West v. Henderson
  409 F.2d 95· 6th Cir.· 1969-04-07 ·cited 18×
  The court held that the prosecutor's use of a co-defendant's confession, despite cautionary instructions, violated the appellant's due process rights by denying him a fair trial.
• Bonazzo v. Michell
  221 So. 2d 186· Fla. 4th DCA· 1969-04-01 ·cited 18×
  Raymond Bonazzo appealed an order quashing his habeas corpus petition and remanding him into custody pending extradition to New York on robbery, grand larceny, and conspiracy charges. The court affirmed, holding that conflicting evidence regarding the defendant's presence at the
• Lesley v. State OF Okla. & Ray H. Page
  407 F.2d 543· 10th Cir.· 1969-02-27 ·cited 18×
  A guilty plea induced by prosecutorial overreaching, especially with an unrepresented, youthful, and frightened defendant, is constitutionally infirm and involuntary.
• United States ex rel. Ronald J. Thomas v. Maroney
  406 F.2d 992· 3d Cir.· 1969-02-07 ·cited 18×
  The court held that a federal court must review state court records, not just opinions, when considering a habeas corpus petition under 28 U.S.C. § 2254, especially when the state proceeding lacked an evidentiary hearing.
• Pendleton v. Nelson
  404 F.2d 1074· 9th Cir.· 1968-12-26 ·cited 18×
  The court held that the district court erred in denying habeas relief for the May 15, 1964 conviction without an evidentiary hearing, as a factual dispute existed regarding consent to a search. The denial of relief for the June 29, 1964 conviction was affirmed.
• Mosley v. Lamont Smith
  404 F.2d 346· 5th Cir.· 1968-12-04 ·cited 18×
  The court held that the appellant's claims regarding jury exclusion and perjured testimony lacked merit, but remanded the issue of the right to appeal due to unrefuted allegations.
• Bandy v. Willingham
  398 F.2d 333· 10th Cir.· 1968-07-22 ·cited 18×
  The court held that the appellant's claims were unsubstantial and affirmed the denial of his petition for a writ of habeas corpus. The court also denied a petition for a writ of mandamus.
• United States ex rel. Thomas F. Mankiewicz v. RAY
  399 F.2d 900· 2d Cir.· 1968-07-16 ·cited 18×
• United States ex rel. Danton S. Miller v. Follette
  397 F.2d 363· 2d Cir.· 1968-06-28 ·cited 18×
  The court held that the prosecutor's comments regarding the defendant's failure to testify and his pro se status were not constitutional errors, or if they were, they were harmless.
• United States ex rel. Richard F. Sniffen v. Follette
  393 F.2d 726· 2d Cir.· 1968-04-29 ·cited 18×
  The court held that a federal court should not decline to entertain a habeas corpus application raising a federal claim rejected by state courts, even if other state proceedings are pending.
• Roach v. Bennett
  392 F.2d 743· 8th Cir.· 1968-04-15 ·cited 18×
  A state prisoner is entitled to a federal habeas corpus hearing if the state's fact-finding procedure was inadequate, and the federal court should grant a plenary hearing on claims of mental incompetency and plea involuntariness, potentially requiring appointment of counsel.
• Wood v. Crouse
  389 F.2d 747· 10th Cir.· 1968-02-09 ·cited 18×
  The court held that a prisoner need not pursue a second state appeal on an issue already fully litigated on direct appeal to satisfy federal habeas exhaustion requirements.
• Maarten Crijns deROZARIO v. Commanding Officer
  390 F.2d 532· 9th Cir.· 1967-12-21 ·cited 18×
  The denial of the petition for a writ of habeas corpus is affirmed because the Selective Service board's classification had a basis in fact, and the writ may have been prematurely sought.
• DiMARCO v. LaMoyne Greene
  385 F.2d 556· 6th Cir.· 1967-12-04 ·cited 18×
  The court held that the search of the automobile incident to the arrest for parole violation was lawful, and the arrest itself was valid under Ohio law. The court also held that the Parole Commission's declaration of parole violation was supported by substantial evidence and not
• Reed v. Henderson
  385 F.2d 995· 6th Cir.· 1967-11-28 ·cited 18×
  The court held that a voluntary guilty plea entered with the advice of competent counsel waives all non-jurisdictional defects, and the appellant's claims did not demonstrate a miscarriage of justice.
• Hamric v. Bailey
  386 F.2d 390· 4th Cir.· 1967-11-07 ·cited 18×
  The court held that the State's suppression of material evidence favorable to the accused and its knowing use of evidence creating a false impression violated due process, requiring a new trial.
• Whaley v. State OF N.C.
  379 F.2d 221· 4th Cir.· 1967-06-14 ·cited 18×
  Increasing a defendant's sentence on remand after a successful appeal violates the Double Jeopardy Clause.
• Ganger v. Peyton
  379 F.2d 709· 4th Cir.· 1967-05-30 ·cited 18×
  The court held that a federal court should not vacate a state court conviction for ineffective counsel without the prisoner first exhausting state remedies. However, a conviction obtained when the prosecuting attorney had a conflict of interest, representing the victim in a relat
• Audie A. Dentis v. The State OF Okla.
  376 F.2d 590· 10th Cir.· 1967-04-18 ·cited 18×
  The court held that the petitioner was entitled to an evidentiary hearing on his claim of denial of the right to appeal due to lack of counsel.
• Smiley v. Wilson
  378 F.2d 144· 9th Cir.· 1967-04-11 ·cited 18×
  The court held that the petitioner's allegations, even if proven, did not establish a violation of federal constitutional rights sufficient to warrant a federal hearing on his habeas corpus petition.
• Clarke v. Grimes
  374 F.2d 550· 5th Cir.· 1967-03-24 ·cited 18×
  The court held that the district judge correctly dismissed the habeas corpus petition without a hearing because the petitioner had not exhausted his available remedies in the Georgia state courts.
• Harders v. State OF Cal.
  373 F.2d 839· 9th Cir.· 1967-01-25 ·cited 18×
  The court held that the Mapp rule regarding exclusion of illegally seized evidence applies to cases not yet final when Mapp was decided, and that an indigent defendant is entitled to effective assistance of counsel on appeal, even if counsel believes the appeal is frivolous.
• Mosley v. Dutton
  367 F.2d 913· 5th Cir.· 1966-10-12 ·cited 18×
  The court held that the circumstances presented by the applicant were sufficient to shift the burden to the respondent to introduce countervailing evidence regarding the effectiveness of counsel and the admissibility of evidence.
• Millard v. Cameron
  373 F.2d 468· D.C. Cir.· 1966-10-10 ·cited 18×
  The court held that a commitment under the Sexual Psychopath Statute requires an informed judicial determination based on a hearing where psychiatrists can be examined, not just conclusory reports, and that lack of treatment can be grounds for habeas corpus relief.
• Wilson v. Rose
  366 F.2d 611· 9th Cir.· 1966-09-12 ·cited 18×
• Gladden v. Holland
  366 F.2d 580· 9th Cir.· 1966-08-29 ·cited 18×
  The court held that a guilty plea entered shortly after a coerced confession, without substantial removal of coercive conditions, is invalid under the Due Process Clause.
• Flowers v. The State OF Okla. & Ray Page
  356 F.2d 916· 10th Cir.· 1966-03-01 ·cited 18×
  The court held that the correction of a clerical error in a judgment's journal entry is not a constitutional deprivation, and there is no constitutional right to counsel in federal habeas corpus proceedings.
• Copenhaver v. Bennett
  355 F.2d 417· 8th Cir.· 1966-02-01 ·cited 18×
  A district court is not required to hold an evidentiary hearing in every habeas corpus case; it has discretion to ascertain the substantiality of claims through affidavits and other documents.
• Paige v. Potts
  354 F.2d 212· 5th Cir.· 1965-12-21 ·cited 18×
  The court held that the district court erred in denying a habeas corpus petition without an evidentiary hearing, as the state court record did not establish federal probable cause for the arrest.
• Masters v. Eide
  353 F.2d 517· 8th Cir.· 1965-12-02 ·cited 18×
  A federal prisoner's petition for a writ of habeas corpus can be dismissed without a hearing if the records and files conclusively show the petitioner is entitled to no relief.
• United States ex rel. Theodore Robinson v. Pate
  345 F.2d 691· 7th Cir.· 1965-05-03 ·cited 18×
• United States ex rel. Joseph Coffey v. Hon. Edward M. FAY
  344 F.2d 625· 2d Cir.· 1965-04-05 ·cited 18×
  The court held that the state's refusal to disclose the informer's identity did not deprive the defendant of his Fourteenth Amendment right to a fair hearing on probable cause, as the overheard telephone conversation was sufficiently corroborated and the state's interest in prote
• Williams v. State OF Ala.
  341 F.2d 777· 5th Cir.· 1965-02-16 ·cited 18×
  The court held that a waiver of the right to counsel at trial does not retroactively waive the constitutional right to counsel at arraignment, even if the arraignment occurred before the waiver.
• United States ex rel. Lloyd Eldon Miller, Jr. v. Pate
  342 F.2d 646· 7th Cir.· 1965-02-15 ·cited 18×
  The court held that a witness's recantation, without proof of prosecutorial knowledge of perjury or suppression of evidence, is insufficient to warrant a writ of habeas corpus when the jury at the original trial already passed on the witness's credibility.
• Breen v. Beto
  341 F.2d 96· 5th Cir.· 1965-01-28 ·cited 18×
  The court held that informing the jury of prior offenses in an indictment under the Texas Habitual Offenders Statute does not violate due process.