Habeas Corpus

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

• Eisentrager v. Hocker
  450 F.2d 490· 9th Cir.· 1971-10-21 ·cited 16×
  The court should vacate the dismissal order and remand for appointment of counsel.
• Johnson v. Smith
  449 F.2d 127· 5th Cir.· 1971-10-05 ·cited 16×
  The court held that the district court erred in dismissing the habeas corpus petition without an evidentiary hearing on the issue of deliberate bypass of state remedies.
• Biggers v. Neil
  448 F.2d 91· 6th Cir.· 1971-08-18 ·cited 16×
  The Court of Appeals affirmed the District Court's grant of habeas corpus, holding that a prior 4-4 affirmance by the Supreme Court did not preclude federal review of the due process claim and that the identification procedures were indeed violative of due process.
• Walsh v. Picard
  446 F.2d 1209· 1st Cir.· 1971-07-29 ·cited 16×
  The dissenting judge argues that due process requires an appellate court to provide reasons when increasing a sentence, as this is constitutionally compelled and prevents arbitrary action.
• Cleo Gregory v. United States
  446 F.2d 498· 5th Cir.· 1971-07-13 ·cited 16×
  The court held that the petitioner was denied his Sixth Amendment right to effective assistance of counsel on appeal due to inadequate representation by court-appointed attorneys, entitling him to an out-of-time appeal.
• Harris Percy Wynn v. Smith
  446 F.2d 341· 5th Cir.· 1971-07-12 ·cited 16×
  The court held that the appellant had not deliberately bypassed state remedies and that the district court should determine the merits of his claims regarding the right to counsel and the voluntariness of his guilty plea.
• United States ex rel. Nicholas Cardaio v. Casscles
  446 F.2d 632· 2d Cir.· 1971-06-22 ·cited 16×
  The dissenting judge would reverse and remand, arguing the search was unconstitutional.
• Jackson v. Turner
  442 F.2d 1303· 10th Cir.· 1971-05-27 ·cited 16×
  Counsel appointed to represent indigent persons on appeal must advise them of their right to appeal, inquire whether they wish to appeal, and perfect an appeal if requested, even if counsel believes the appeal to be frivolous.
• United States ex rel. Matthew Walker v. Hon. Harold W. Follette
  443 F.2d 167· 2d Cir.· 1971-05-25 ·cited 16×
  A defendant who testifies falsely on direct examination may be impeached with illegally obtained evidence, even if that evidence would be inadmissible in the prosecution's case-in-chief.
• Collins v. Swenson
  443 F.2d 329· 8th Cir.· 1971-05-24 ·cited 16×
  The court held that even if the arrest and detention were illegal, and the arraignment procedure was questionable, the petitioner's conviction was not constitutionally infirm due to lack of prejudice.
• Wallace v. Hocker
  441 F.2d 219· 9th Cir.· 1971-04-13 ·cited 16×
  A defendant's inculpatory statements cannot be presented to a jury unless they have been found voluntary by a separate tribunal, requiring a preliminary determination by the trial judge.
• Newell Alligood v. Louie L. Wainwright
  440 F.2d 642· 5th Cir.· 1971-04-12 ·cited 16×
  The court held that the prisoner's claims did not present federal constitutional questions and affirmed the denial of habeas corpus relief.
• McCLAIN v. Swenson
  435 F.2d 327· 8th Cir.· 1970-12-16 ·cited 16×
  The court affirmed the denial of habeas relief on grounds exhausted in state court but remanded for further state court proceedings on the issue of waiver of direct appeal.
• Zemke v. Lt. General Stanley R. Larsen
  434 F.2d 1281· 9th Cir.· 1970-12-01 ·cited 16×
  The court held that the Army Board's disapproval of the conscientious objector application was based on an impermissible classification standard, and the record did not demonstrate a second, independent basis for disapproval.
• Abe Lincoln v. The Cal. Adult Auth.
  435 F.2d 133· 9th Cir.· 1970-11-30 ·cited 16×
  The court held that the appellant's allegations did not present a substantial constitutional question, thus a three-judge court was not required and the dismissal was proper.
• Hizel v. Sigler
  430 F.2d 1398· 8th Cir.· 1970-09-01 ·cited 16×
  The court held that while Escobedo did not apply, the trial court erred by failing to sua sponte conduct a Jackson-Denno hearing to determine the voluntariness of the petitioner's admissions, given the circumstances.
• Pedicord v. Swenson
  431 F.2d 92· 8th Cir.· 1970-08-13 ·cited 16×
  The court affirmed the grant of habeas corpus relief, finding the guilty plea was not voluntary, and remanded for the state to provide a new trial or release the petitioner.
• Arensman v. Brown
  430 F.2d 190· 7th Cir.· 1970-07-30 ·cited 16×
  The court held that prosecuting attorneys and hospital custodians are immune from civil liability for actions taken within their official capacities, and that federal courts should not interfere with state criminal proceedings absent exceptional circumstances.
• Perry v. Crouse
  429 F.2d 1083· 10th Cir.· 1970-07-27 ·cited 16×
  The court held that Boykin v. Alabama should not be applied retroactively to a 1965 guilty plea, and that the trial court erred by dismissing the appellant's testimony as legally insufficient under state law.
• Edwards v. Swenson
  429 F.2d 1291· 8th Cir.· 1970-07-16 ·cited 16×
  The court held that a state prisoner who had his constitutional claims decided on direct appeal has exhausted state remedies and is entitled to a federal habeas corpus hearing on the merits.
• Schnepp v. Hocker
  429 F.2d 1096· 9th Cir.· 1970-07-06 ·cited 16×
  The court held that the denial of counsel at the preliminary hearing was harmless error, and that probable cause existed for the arrest and search.
• Dozie v. Cady
  430 F.2d 637· 7th Cir.· 1970-06-11 ·cited 16×
  The court held that a seventeen-month delay in state post-conviction proceedings warrants federal court investigation into exhaustion of remedies.
• Bray v. Peyton
  429 F.2d 500· 4th Cir.· 1970-06-04 ·cited 16×
  The court held that the arrest of a defense witness during trial, which deterred other witnesses and deprived the defendant of his defense, violated due process.
• Robinson v. Beto
  426 F.2d 797· 5th Cir.· 1970-05-28 ·cited 16×
  The court held that the Texas sentencing scheme, which allowed judges discretion in granting credit for time served pending appeal, violated due process by impeding equal access to the courts.
• Basker v. Crouse
  426 F.2d 531· 10th Cir.· 1970-05-18 ·cited 16×
  The court held that the petitioner's claims of speedy trial denial, ineffective assistance of counsel, procedural irregularities, and a coercive jury instruction did not rise to the level of constitutional violations warranting federal habeas corpus relief.
• Donlavey v. Smith
  426 F.2d 800· 5th Cir.· 1970-04-30 ·cited 16×
  The court held that a jury selection process based on tax digests does not systematically exclude poor people, and that delays in arraignment do not void a conviction.
• Magaro v. Major General Richard T. Cassidy
  426 F.2d 137· 5th Cir.· 1970-04-23 ·cited 16×
  The court held that the local Selective Service board's denial of a registrant's request to reopen his classification for an occupational deferment was arbitrary and unreasonable, thus entitling him to a writ of habeas corpus.
• Amaya v. Beto
  424 F.2d 363· 5th Cir.· 1970-03-30 ·cited 16×
  The court affirmed the denial of the habeas corpus petition, holding that the district court's findings and conclusions were correct regarding the probation revocation and the alleged denial of appeal rights.
• Lewis v. State OF NEW Mexico
  423 F.2d 1048· 10th Cir.· 1970-03-23 ·cited 16×
  The federal court lacked jurisdiction to hear the habeas corpus petition because the petitioner had not exhausted his available state remedies.
• Diehl v. Louie L. Wainwright
  423 F.2d 1108· 5th Cir.· 1970-03-20 ·cited 16×
  The court held that it lacks jurisdiction to hear a habeas corpus petition challenging prior convictions for which the sentences have already been fully served and which have no definite relationship to the current sentence.
• McDONALD v. The Sheriff OF Palm Beach Cnty.
  422 F.2d 839· 5th Cir.· 1970-02-19 ·cited 16×
  The court held that the failure to give a cautionary instruction to the jury regarding accomplice testimony was not a basis for habeas corpus relief because it did not violate the petitioner's constitutional rights.
• Stillman E. Wilbur, Jr. v. State OF Me.
  421 F.2d 1327· 1st Cir.· 1970-02-12 ·cited 16×
  The court held that the trial court improperly ordered the issuance of an occupational license for 'mini movie' machines because the license period had expired, rendering the order futile.
• Settler v. Yakima Tribal Court
  419 F.2d 486· 9th Cir.· 1969-12-22 ·cited 16×
  A federal district court has jurisdiction to hear a petition for a writ of habeas corpus from an individual convicted by a tribal court, even if the conviction involves internal tribal matters, when constitutional rights are implicated and tribal appellate courts lack the power t
• United States ex rel. Stanley Halprin v. Warden J. J. Parker
  418 F.2d 313· 3d Cir.· 1969-10-28 ·cited 16×
  The court held that an indigent mandatory release violator who admits the violation is not constitutionally entitled to appointed counsel at a revocation hearing, and denial of a continuance to secure witnesses was not an abuse of discretion.
• Konigsberg v. Pasquale J. Ciccone, M.D.
  417 F.2d 161· 8th Cir.· 1969-10-24 ·cited 16×
  The court held that the Attorney General had the authority to transfer a prisoner, even one certified as insane, to stand trial in a state court, and that the state court's determination of competency was not subject to collateral attack via habeas corpus.
• United States ex rel. LeRoy Vanderhorst v. Hon. J. Edwin LaVALLEE
  417 F.2d 411· 2d Cir.· 1969-10-10 ·cited 16×
  The court affirmed the district court's decision, holding that the petition for habeas corpus was properly before the court because the defendant did not deliberately bypass state court procedures to preserve his constitutional claim regarding an involuntary confession.
• Quirino Larry Acuna v. Baker
  418 F.2d 639· 10th Cir.· 1969-09-30 ·cited 16×
  The court held that a voluntary guilty plea in district court waives prior procedural defects in juvenile certification proceedings, even if counsel was not provided at the certification stage.
• Colosimo v. Perini
  415 F.2d 804· 6th Cir.· 1969-09-17 ·cited 16×
  A warrantless search of an automobile, conducted away from the defendant's person and remote in time or place from the arrest, is not incident to the arrest and violates the Fourth Amendment.
• Mead v. Cal. Adult Auth.
  415 F.2d 767· 9th Cir.· 1969-08-13 ·cited 16×
  A parole revocation is not unconstitutional if supported by grounds other than a void condition, even if a void condition was also cited.
• Lopez v. Burke
  413 F.2d 992· 7th Cir.· 1969-07-25 ·cited 16×
  The court held that an unlawful arrest, without more, does not provide grounds for habeas corpus relief if it did not affect the conviction. The court also held that a witness's testimony, even if induced by a promise of immunity or expectation of leniency, does not violate the d
• United States ex rel. George M. Snyder v. Mazurkiewicz
  413 F.2d 500· 3d Cir.· 1969-07-24 ·cited 16×
  The court held that the record did not sufficiently demonstrate a knowing and intelligent waiver of the right to object to the admission of confessions, thus requiring an evidentiary hearing.
• Foster v. Beto
  412 F.2d 892· 5th Cir.· 1969-07-08 ·cited 16×
  The court held that the defendant received adequate representation and knowingly waived his trial preparation period, affirming the denial of his habeas corpus application.
• Sellers v. Lamont Smith
  412 F.2d 1002· 5th Cir.· 1969-06-09 ·cited 16×
  The court held that the denial of a continuance, the admission of incriminatory statements, and the failure to hold a separate voluntariness hearing were not grounds for habeas corpus relief.
• Cockrell v. Oberhauser
  413 F.2d 256· 9th Cir.· 1969-06-06 ·cited 16×
  The admission of a codefendant's confession implicating Leroy, and Leroy's silence in response, violated his Fifth and Sixth Amendment rights, and the error was not harmless beyond a reasonable doubt. The Bruton rule does not apply to bench trials, so Ivy's confrontation claim fa
• United States ex rel. Raymond Figueroa v. McMANN
  411 F.2d 915· 2d Cir.· 1969-06-03 ·cited 16×
  The court held that a federal court should dismiss a habeas corpus petition if the state forum is available to consider a materially different claim and stronger evidentiary case.
• Conner v. Wingo
  409 F.2d 21· 6th Cir.· 1969-04-15 ·cited 16×
  The court held that a federal district court must have the complete state court record, including a transcript of testimony, to determine if a state court provided a full and fair evidentiary hearing before deferring to its findings of fact in a habeas corpus proceeding.
• Baker v. State
  217 So. 2d 880· Fla. 1st DCA· 1969-01-23 ·cited 16×
  Baker challenges his 1965 robbery conviction, claiming he was denied effective assistance of counsel when a single public defender was appointed to jointly represent him and his codefendant without his consent. The court applied Florida Supreme Court precedent establishing that j
• Keys v. Dunbar
  405 F.2d 955· 9th Cir.· 1969-01-21 ·cited 16×
  The court held that the denial of the motion to vacate the prior order was not an abuse of discretion and affirmed the lower court's decision.
• United States ex rel. George L. Spears v. Rundle
  405 F.2d 1037· 3d Cir.· 1969-01-15 ·cited 16×
  The court held that the state offered sufficient evidence to rebut any presumption of injury arising from the appointment of counsel not sufficiently in advance of trial.
• Heyd v. Brown
  406 F.2d 346· 5th Cir.· 1969-01-13 ·cited 16×
  The court held that a federal court is not required to conduct an evidentiary hearing if the state trial court provided a full and fair hearing and the record supports the federal court's findings.