Habeas Corpus

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

• Witcher v. Peyton
  405 F.2d 725· 4th Cir.· 1969-01-10 ·cited 16×
  The court held that the jury selection process in Pittsylvania County, Virginia, resulted in unconstitutional racial discrimination, violating the Equal Protection Clause.
• James (Jimmy) FOX v. Dutton
  406 F.2d 123· 5th Cir.· 1968-12-12 ·cited 16×
• Alford v. State OF N.C.
  405 F.2d 340· 4th Cir.· 1968-11-26 ·cited 16×
  The dissenting judge argues that the defendant's plea to second-degree murder, motivated by fear of capital punishment, was not unconstitutionally coerced under the principles of United States v. Jackson. The infirmity in the statute related to capital punishment, not lesser offe
• United States ex rel. Roy James Metz v. Maroney
  404 F.2d 233· 3d Cir.· 1968-11-15 ·cited 16×
  The court held that striking a guilty plea and proceeding to trial after the defendant's testimony indicated the death was accidental did not violate the Fifth Amendment's double jeopardy clause.
• The State OF Tex. v. Grundstrom
  404 F.2d 644· 5th Cir.· 1968-10-25 ·cited 16×
  The court granted the State's motion to dismiss its appeal, declining to impose conditions on the dismissal or rule on unripe constitutional questions.
• Goslin v. Thomas
  400 F.2d 594· 5th Cir.· 1968-08-21 ·cited 16×
  The Sixth and Fourteenth Amendments require the appointment of counsel for indigent defendants in state misdemeanor cases to ensure a valid conviction.
• Powers v. W. B. "Billy" Hauck
  399 F.2d 322· 5th Cir.· 1968-08-05 ·cited 16×
  The court held that the case must be remanded to allow state courts to consider the impact of Witherspoon v. Illinois on the death sentence, as the record did not provide sufficient information to determine if the jury selection process was unconstitutional.
• Brent v. Wingate White
  398 F.2d 503· 5th Cir.· 1968-07-18 ·cited 16×
  The court affirmed the dismissal of the habeas corpus petition, remitting most claims to state courts.
• United States ex rel. Jesse Pugh v. Pate
  401 F.2d 6· 7th Cir.· 1968-07-01 ·cited 16×
  The use of a fictitious name on an affidavit for a search warrant does not per se void the warrant under the Fourth Amendment absent a showing of prejudice to the petitioner.
• Burris v. Ryan
  397 F.2d 553· 7th Cir.· 1968-06-13 ·cited 16×
  A defendant on bail is considered sufficiently restrained to be entitled to a writ of habeas corpus, and a mistrial due to jury disagreement does not bar subsequent prosecution on a new indictment.
• Baker v. Louie L. Wainwright
  391 F.2d 248· 5th Cir.· 1968-03-14 ·cited 16×
  An indigent defendant is entitled to appointed counsel for a first appeal, and waiver of this right requires a knowing and intelligent act.
• Wilson v. Wade
  390 F.2d 632· 9th Cir.· 1968-03-11 ·cited 16×
  An indigent state prisoner is not entitled to a free transcript of trial proceedings merely to search for potential flaws, absent a showing of specific errors warranting post-conviction relief.
• Chrisp Heard, Jr. v. United States
  390 F.2d 866· D.C. Cir.· 1968-02-07 ·cited 16×
  The court should affirm the district court's denial of the motion to vacate sentence without a hearing.
• Sherrick v. Eyman
  389 F.2d 648· 9th Cir.· 1968-02-07 ·cited 16×
  The court held that a search warrant was invalid because the record did not show the specific information presented to the magistrate to establish probable cause.
• Shorey v. Warden, Md. State Penitentiary
  401 F.2d 474· 4th Cir.· 1968-01-18 ·cited 16×
  The court held that the arrest was lawful, the seizure of clothing incident to that arrest was reasonable, and the suspect's statement was voluntary and admissible.
• Jackson v. Beto
  388 F.2d 409· 5th Cir.· 1968-01-15 ·cited 16×
  The court held that the trial judge's private examination of a witness did not violate the defendant's constitutional rights, and the sheriff's dual role as witness and jury custodian did not deny a fair trial.
• LeMASTER v. Beto
  387 F.2d 612· 5th Cir.· 1967-12-28 ·cited 16×
  The court held that an indigent defendant is entitled to a direct appeal when counsel believes the appeal lacks merit, absent a knowing waiver.
• Duke v. Wingo
  386 F.2d 304· 6th Cir.· 1967-12-11 ·cited 16×
  The court held that the appellant had exhausted his state remedies and that the district court erred in dismissing his habeas corpus petition without an evidentiary hearing.
• Bates v. Wilson
  385 F.2d 771· 9th Cir.· 1967-11-20 ·cited 16×
  The court held that the petitioners' constitutional rights were not violated by the admission of evidence or statements, and that the state's harmless error rule was properly applied to state law issues.
• Application of Stuart M. Kanas
  385 F.2d 506· 2d Cir.· 1967-11-13 ·cited 16×
  The court held that the registrant established a prima facie case for a IV-D exemption as a minister, and the Selective Service board lacked affirmative evidence to rebut this claim.
• Johnson v. Avery
  382 F.2d 353· 6th Cir.· 1967-08-31 ·cited 16×
  A prison regulation prohibiting inmates from assisting others with legal papers does not violate federal law or constitutional rights.
• Samuele T. Stevens, Jr. v. Warden, Maryland Penitentiary
  382 F.2d 429· 4th Cir.· 1967-08-30 ·cited 16×
  The court held that while the conviction was constitutionally sound, the sentence imposed was excessive and disproportionate, but federal courts lack the power to review state sentences that do not exceed the statutory maximum.
• Black v. Beto
  382 F.2d 758· 5th Cir.· 1967-07-13 ·cited 16×
  A federal court's prior determination of confession voluntariness does not satisfy the requirements of Jackson v. Denno, which mandates an initial state court hearing.
• Fulford v. Dutton
  380 F.2d 16· 5th Cir.· 1967-07-06 ·cited 16×
  The court held that the sufficiency of evidence and claims of innocence are not reviewable in a federal habeas corpus proceeding, and the trial judge has discretion to disregard jury recommendations under Georgia law.
• Millard L. Hillyer v. Dutton
  379 F.2d 809· 5th Cir.· 1967-06-23 ·cited 16×
  The court held that the record must affirmatively show the accused was advised of his right to counsel and that counsel would be appointed if indigent.
• Howard v. Beto
  375 F.2d 441· 5th Cir.· 1967-03-07 ·cited 16×
  The court held that the district court's findings of fact were supported by the record and not clearly erroneous, affirming the denial of the habeas corpus petition.
• Robbins v. Small
  371 F.2d 793· 1st Cir.· 1967-01-31 ·cited 16×
  The court held that the prosecutor's use of leading questions based on a witness's inadmissible statement, which the witness refused to answer on Fifth Amendment grounds, violated the Confrontation Clause and was not cured by jury instructions.
• Dock Perry Glenn v. Ciccone
  370 F.2d 361· 8th Cir.· 1966-12-19 ·cited 16×
  The court held that the district court correctly denied the writ of habeas corpus because the petitioner failed to exhaust available remedies and the issues raised were either moot or not properly before the court.
• Zackus H. Ingram v. Peyton
  367 F.2d 933· 4th Cir.· 1966-10-04 ·cited 16×
  The court held that a series of procedural lapses, including the failure to inform the defendant of a witness's perjury conviction and the denial of his right to be present during a new trial motion, constituted a denial of due process, warranting habeas corpus relief.
• Ledbetter v. Warden, Maryland Penitentiary
  368 F.2d 490· 4th Cir.· 1966-09-22 ·cited 16×
  The court held that oral and written statements obtained from the defendant were taken in violation of his due process rights, and his trial counsel's failure to object did not constitute a waiver of his right to challenge the conviction via habeas corpus.
• Miller v. Eklund
  364 F.2d 976· 9th Cir.· 1966-08-08 ·cited 16×
  The court held that the petitioner's allegations regarding unlawful arrest, search, interrogation, lack of counsel, confrontation, and self-incrimination did not establish grounds for federal habeas corpus relief.
• Holman v. Caliph Washington
  364 F.2d 618· 5th Cir.· 1966-08-08 ·cited 16×
  The court held that the admission of prior trial testimony of an absent witness, without a proper predicate showing diligent search and unavailability, violated the petitioner's Sixth and Fourteenth Amendment rights. The court reversed the district court's finding regarding the c
• Kimbro v. Heer
  364 F.2d 116· 6th Cir.· 1966-08-05 ·cited 16×
  The court held that the petitioner was not denied his constitutional right to counsel at the preliminary hearing because it was not a critical stage of the proceedings and he entered a not guilty plea without prejudice.
• United States ex rel. Charles Higgins v. FAY
  364 F.2d 219· 2d Cir.· 1966-07-25 ·cited 16×
  The court held that a defendant was unconstitutionally deprived of his right to counsel when the trial court compelled him to proceed to trial without counsel after he repeatedly requested to hire a paid lawyer, without clearly explaining his right to proceed pro se.
• Sykes v. Commonwealth OF Va.
  364 F.2d 314· 4th Cir.· 1966-07-21 ·cited 16×
  A defendant's constitutional right to effective representation is not violated when a court denies a continuance if the record objectively shows counsel performed ably and effectively.
• Knight v. Balkcom
  363 F.2d 221· 5th Cir.· 1966-07-18 ·cited 16×
  The court held that the appellant was denied his federally guaranteed right to assistance of counsel because he was not clearly advised of his right to appointed counsel, and thus his guilty plea was invalid.
• Bosler v. Swenson
  363 F.2d 154· 8th Cir.· 1966-07-14 ·cited 16×
  The court held that the Missouri procedure denying appointed counsel to indigent appellants on direct review violated the Fourteenth Amendment as established in Douglas v. California, and that Douglas applied retroactively to cases pending at the time of its decision.
• Parker L. Hancock v. Nelson
  363 F.2d 249· 1st Cir.· 1966-07-08 ·cited 16×
  The dissent argues that the seizure of evidence (clothes) was the direct fruit of an unconstitutional detention, and that the court's reasoning for admitting such evidence is flawed.
• Beto v. Sykes
  360 F.2d 411· 5th Cir.· 1966-04-29 ·cited 16×
  A federal court lacks jurisdiction to grant habeas corpus relief on a matter of state law, even if the state court's sentencing order was improper under state law.
• Gallegos v. COX
  358 F.2d 703· 10th Cir.· 1966-03-25 ·cited 16×
  The court held that the information was not unconstitutionally vague and that the guilty plea was knowing and voluntary.
• United States v. Evans
  359 F.2d 776· 3d Cir.· 1966-03-24 ·cited 16×
  The court held that the identification process and cross-examination restrictions did not deprive the accused of constitutional rights, and the habeas corpus petition was inappropriate.
• Sobota v. COX
  355 F.2d 368· 10th Cir.· 1966-01-03 ·cited 16×
  The court held that the trial court erred in dismissing the petition without adequate factual findings and remanded for further proceedings.
• Paul v. Harris
  353 F.2d 119· 8th Cir.· 1965-12-02 ·cited 16×
  The court held that the district court did not err in denying the habeas corpus petition without an evidentiary hearing, as the issues were previously fully litigated and decided by the state court.
• Smart v. Balkcom
  352 F.2d 502· 5th Cir.· 1965-11-01 ·cited 16×
  The court held that the district court correctly denied the habeas corpus petition because the appellant failed to exhaust available state remedies.
• Watkins v. Morris
  179 So. 2d 348· Fla.· 1965-10-27 ·cited 16×
  Watkins seeks habeas corpus release from prison after being convicted in traffic court of driving while intoxicated, reckless driving, and leaving the scene of an accident with injury. The Florida Supreme Court holds that while the traffic court lacked jurisdiction over the felon
• Taylor v. United States Marshal for the E. Dist. of Okla.
  352 F.2d 232· 10th Cir.· 1965-10-01 ·cited 16×
  The court held that a federal prisoner's sentence and parole period are suspended during state custody for a state offense, and the parole violator warrant was timely issued and executed.
• Thomason v. Klinger
  349 F.2d 940· 9th Cir.· 1965-08-06 ·cited 16×
  An appellant cannot raise new grounds for reversal on appeal that were not presented to the trial court, absent a manifest miscarriage of justice.
• Hunter v. State
  174 So. 2d 415· Fla. 3d DCA· 1965-04-27 ·cited 16×
  A defendant who pleads guilty cannot question the trial procedure, even if brought to the jurisdiction by unlawful means.
• Wagenknecht v. Crouse
  344 F.2d 920· 10th Cir.· 1965-04-27 ·cited 16×
  The court held that a state prisoner must exhaust available state remedies before seeking federal habeas corpus relief, and federal courts will not review guilt or innocence in such proceedings.
• United States ex rel. Otis Swanson v. Reincke
  344 F.2d 260· 2d Cir.· 1965-04-21 ·cited 16×
  The court held that the Connecticut statute criminalizing self-administration of narcotics is constitutional as applied to an addict, distinguishing it from a statute criminalizing addiction itself.