Petition For Writ Of Habeas Corpus

7,506 Florida cases classified under this topic, plus 5,490 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• United States ex rel. Samuel Tito Williams v. la Vallee
  276 F.2d 645· 2d Cir.· 1960-03-28 ·cited 8×
  The court affirmed the district court's denial of the petition for a writ of habeas corpus because the relator failed to exhaust state remedies.
• Leaman Russell Smith v. Wilkinson
  275 F.2d 251· 5th Cir.· 1960-02-29 ·cited 8×·via Habeas Corpus Petition
  The court held that the fourth sentence was intended to run consecutively to the cumulative total of the prior three sentences, not concurrently with the second and third.
• Whiting v. Chew
  273 F.2d 885· 4th Cir.· 1960-01-04 ·cited 8×
  The court held that the District Court lacked jurisdiction to issue a writ of habeas corpus because the petitioner was not within its territorial jurisdiction and not in the physical custody of the named defendant.
• Armstrong v. Bannan
  272 F.2d 577· 6th Cir.· 1959-12-10 ·cited 8×·via Writ Of Habeas Corpus
  The court held that the applicant's claims did not present a sufficient case to warrant the issuance of a writ of habeas corpus, thus denying a certificate of probable cause for appeal.
• Cheng FU Sheng and Lin Fu Mei v. Barber
  269 F.2d 497· 9th Cir.· 1959-08-10 ·cited 8×
  The court held that the record established a "fear of persecution" under Section 6 of the Refugee Relief Act of 1953, making it unnecessary to determine the country of last residence or to deny relief based on termination of nonimmigrant status.
• George v. Baxter
  268 F.2d 40· 9th Cir.· 1959-05-28 ·cited 8×·via Habeas Corpus Petition
  The court held that the appellant's claims of coerced admissions, illegal search and seizure, use of false testimony, statutory violations, and denial of appellate review were without merit.
• Bailey v. Henslee
  264 F.2d 744· 8th Cir.· 1959-04-03 ·cited 8×
  The court held that the appellant waived his constitutional right to compulsory process by failing to raise the issue on direct appeal and that habeas corpus cannot serve as a substitute for an appeal.
• Grisham v. Taylor
  261 F.2d 204· 3d Cir.· 1958-11-20 ·cited 8×·via Habeas Corpus Petition
  A civilian employee serving with the armed forces overseas, even for a capital offense, can be subject to court-martial jurisdiction, distinguishing them from wives accompanying military personnel.
• Parker v. Ellis
  258 F.2d 937· 5th Cir.· 1958-08-29 ·cited 8×·via Application For Writ Of Habeas Corpus
  The court held that the state was not constitutionally obligated to provide counsel for a non-capital offense, and the trial was not fundamentally unfair.
• Henderson v. Bannan
  256 F.2d 363· 6th Cir.· 1958-06-04 ·cited 8×
  The dissent argues that the defendant was denied due process because he was not afforded counsel during a critical stage of the criminal proceedings, and his waiver of counsel was not intelligent or knowing.
• The United States v. Murphy
  254 F.2d 438· 2d Cir.· 1958-04-15 ·cited 8×
  The court held that the petitioner's allegations did not demonstrate a denial of due process, even if proven true.
• Frost v. Yankwich
  254 F.2d 633· 9th Cir.· 1958-04-09 ·cited 8×
  The court held that a writ of mandamus is not appropriate to challenge a removal order when the lower court did not act in excess of its jurisdiction, and that habeas corpus is not a means to test the right to remove, which is final.
• United States ex rel. Billie Frield Swaggerty v. Honorable Win G. Knoch
  245 F.2d 229· 7th Cir.· 1957-06-03 ·cited 8×·via Writ Of Habeas Corpus
  The court held that the district court did not err in denying the appellant's petitions without a hearing, as the claims raised were substantially the same as those previously litigated and decided.
• DAY v. Wilson
  247 F.2d 60· D.C. Cir.· 1957-04-25 ·cited 8×
  The court held that the District Court erred in dismissing the habeas corpus petition for lack of jurisdiction, as civil courts have jurisdiction to hear claims of denial of basic constitutional rights in court-martial proceedings.
• Rice v. Clemmer
  242 F.2d 870· 4th Cir.· 1957-04-01 ·cited 8×
  The court held that a federal district court lacks jurisdiction to entertain a petition for a writ of habeas corpus when the petitioner has already had a motion under 28 U.S.C. § 2255 denied, unless the § 2255 remedy is shown to be inadequate or ineffective.
• Leng MAY MA v. Barber
  241 F.2d 85· 9th Cir.· 1957-02-05 ·cited 8×
  The court held that an alien seeking admission to the United States, whose application has been denied, is not considered 'within the United States' for purposes of withholding deportation under § 243(h).
• James E. Fitzgerald ex rel. Lorenzo Miceli v. Landon
  238 F.2d 864· 1st Cir.· 1956-12-17 ·cited 8×
  The court held that the district court properly dismissed the habeas corpus petition because the allegations in the respondent's return, which were not traversed by the petitioner, were accepted as true, and the record did not establish that the two crimes arose from a single sch
• United States ex rel. Francesco Brancato v. Lehmann
  239 F.2d 663· 6th Cir.· 1956-11-21 ·cited 8×·via Application For Writ Of Habeas Corpus
• Application of Eugene Burwell
  236 F.2d 770· 9th Cir.· 1956-08-06 ·cited 8×
  The court granted certificates of probable cause, allowing Burwell and Rogers to appeal the denial of their habeas corpus petitions.
• Haines v. Latham Castle
  226 F.2d 591· 7th Cir.· 1955-10-20 ·cited 8×·via Writ Of Habeas Corpus
  The court held that the district court correctly dismissed the suit because it presented no substantial federal constitutional question, and affirmed the dismissal.
• Fleish v. Swope
  226 F.2d 310· 9th Cir.· 1955-10-17 ·cited 8×
  The court held that the habeas corpus petition was without merit because the judgment sufficiently imposed consecutive sentences for a total of 30 years.
• United States ex relator v. Dulles
  222 F.2d 390· D.C. Cir.· 1954-09-16 ·cited 8×
• Halldora Kristin Sigurdson v. Landon
  215 F.2d 791· 9th Cir.· 1954-09-07 ·cited 8×
  The court held that the administrative proceedings and deportation order were not so fundamentally unfair or lacking in evidence as to warrant habeas corpus relief.
• City of Miami Beach v. Traina
  73 So. 2d 860· Fla.· 1954-07-20 ·cited 8×·via Habeas Corpus Proceedings
  The Florida Supreme Court affirmed a mandamus order requiring the City of Miami Beach to issue a retail vendor's liquor license for a Service Bar restaurant. The Court held that special legislative acts granted the City authority to regulate the method of sale of alcoholic bevera
• Savoretti v. United States ex rel. Pincus
  214 F.2d 314· 5th Cir.· 1954-06-28 ·cited 8×·via Writ Of Habeas Corpus
  The court held that the petitioner's unintentional return to the United States from foreign waters did not constitute an 'entry' under the Immigration Act of 1917, rendering the deportation order based on a false claim of citizenship upon that return invalid.
• State v. Williams
  73 So. 2d 295· Fla.· 1954-06-18 ·cited 8×·via Writ Of Habeas Corpus
  James Williams, arrested for unarmed robbery and held in jail awaiting trial, sought habeas corpus relief arguing he had been detained without trial for more than three full court terms in violation of Florida law. The Florida Supreme Court reversed the discharge order, holding t
• United States ex rel. O'Connell v. Ragen
  212 F.2d 272· 7th Cir.· 1954-04-23 ·cited 8×
  A federal district court may decline to grant a writ of habeas corpus without holding a second hearing if the merits of the petitioner's claims have been presented to and passed upon by the state courts, including the highest state court, and certiorari has been denied.
• Hill v. United States
  206 F.2d 204· 6th Cir.· 1953-07-07 ·cited 8×·via Habeas Corpus Proceedings
  A motion to correct or vacate a sentence under Federal Rule of Criminal Procedure 35 or 28 U.S.C. § 2255 is inapplicable when the appellant has not been sentenced for a criminal offense.
• United States ex rel. Nukk v. Dist. Dir. of Immigr. & Naturalization at Port of N.Y.
  205 F.2d 242· 2d Cir.· 1953-06-17 ·cited 8×·via Habeas Corpus Proceedings
  The court held that the alien failed to meet the burden of proof to show unlawful detention, and thus the Attorney General's discretion to detain without bail was upheld.
• Chessman v. People
  205 F.2d 128· 9th Cir.· 1953-05-28 ·cited 8×
  The court held that the district court did not err in denying the petition for a writ of habeas corpus because the state courts had adequately considered and disposed of the petitioner's contentions.
• Stack v. Boyle
  192 F.2d 56· 9th Cir.· 1951-10-03 ·cited 8×
• Tate v. People of the State of Cal.
  187 F.2d 98· 9th Cir.· 1951-01-30 ·cited 8×
  The court held that the denial of the petition to file in forma pauperis was proper because the appellant failed to provide the required affidavit of indigency.
• Dolan v. Alvis
  186 F.2d 586· 6th Cir.· 1951-01-19 ·cited 8×
  A prisoner unable to pay required fees to file in state court has exhausted state remedies for federal habeas corpus purposes.
• United States ex rel. Giese v. Chamberlin
  184 F.2d 404· 7th Cir.· 1950-10-05 ·cited 8×
  The court held that a federal court cannot grant a writ of habeas corpus to a military member until all available military appellate remedies have been exhausted.
• Nave v. Bell
  180 F.2d 198· 6th Cir.· 1950-02-09 ·cited 8×
  The court held that a parole violation warrant is considered 'issued' when signed and mailed by the Board of Parole within the maximum sentence term, not upon its physical delivery to an executing officer.
• Rowland v. State of Ark.
  179 F.2d 709· 8th Cir.· 1950-02-02 ·cited 8×
  A person out on bond, not in actual custody, is not entitled to a writ of habeas corpus.
• United States ex rel. Rooney v. Ragen
  173 F.2d 668· 7th Cir.· 1949-03-22 ·cited 8×
  The court held that the petitioners failed to prove their claims of constitutional violations sufficient to warrant habeas corpus relief.
• Ossenfort v. Pulaski
  171 F.2d 246· 5th Cir.· 1948-12-17 ·cited 8×
  The court held that the petitioner failed to meet his burden of proving he was denied counsel or did not understand his waiver of counsel, and that the trial court's finding to the contrary was not supported by substantial evidence.
• Wheeler v. Reid
  175 F.2d 829· D.C. Cir.· 1948-12-10 ·cited 8×
  The court held that the petitions for leave to appeal and to proceed in forma pauperis, along with the motion for stay of sentences, should be denied.
• United States ex rel. Johnson v. Watkins
  170 F.2d 1009· 2d Cir.· 1948-11-29 ·cited 8×·via Writ Of Habeas Corpus
  The dissenting judge would reverse the order and sustain the writ of habeas corpus due to an inadequate medical certificate and the Board of Medical Officers' failure to comply with regulations.
• Washington v. Smyth
  167 F.2d 658· 4th Cir.· 1948-04-08 ·cited 8×·via Writ Of Habeas Corpus
  Federal courts require exhaustion of state remedies before issuing a writ of habeas corpus, and Virginia provides adequate state remedies.
• Singleton v. Clemmer
  166 F.2d 963· D.C. Cir.· 1948-03-01 ·cited 8×·via Writ Of Habeas Corpus
  A district court's refusal to accept a nolo contendere plea under Rule 20 is not a denial of due process, as Rule 11 consent is still required.
• Sanders v. Johnston
  165 F.2d 736· 9th Cir.· 1948-01-21 ·cited 8×
  A written judgment's failure to include all matters prescribed by Rule 32(b) does not nullify a conviction if the underlying proceedings were lawful and can be established by other court records.
• Allen v. United States
  162 F.2d 193· 6th Cir.· 1947-06-09 ·cited 8×·via Writ Of Habeas Corpus
  The court held that the petition should be treated as a writ of error coram nobis, not habeas corpus, and remanded for a hearing on the defendant's alleged insanity at the time of his guilty plea.
• Barton v. Smith
  162 F.2d 330· 9th Cir.· 1947-05-27 ·cited 8×
  A federal court will not grant a writ of habeas corpus unless the petitioner has first exhausted all available remedies in the state courts, even if time limits for those remedies have expired.
• Burns v. Welch
  159 F.2d 29· D.C. Cir.· 1947-01-13 ·cited 8×
  The District Court lacked jurisdiction to issue a writ of habeas corpus because the named respondent, the superintendent of the Reformatory, resides outside the District of Columbia and cannot be served.
• United States ex rel. Hunke v. Ragen
  158 F.2d 644· 7th Cir.· 1947-01-11 ·cited 8×
  Illinois did not lose jurisdiction over a paroled prisoner when it relinquished him to another state for prosecution.
• Sanders v. Johnston
  159 F.2d 74· 9th Cir.· 1947-01-07 ·cited 8×
  The court held that the inmate's complaint was properly dismissed for failing to state facts sufficient to entitle him to relief regarding mail restrictions.
• Wood v. Howard
  157 F.2d 807· 7th Cir.· 1946-11-14 ·cited 8×·via Application For Writ Of Habeas Corpus
  The court held that the petitioner knowingly and intelligently waived his right to counsel and a jury trial, and thus his due process rights were not violated.
• Fiedler v. Shuttleworth
  153 F.2d 999· 6th Cir.· 1946-03-11 ·cited 8×·via Writ Of Habeas Corpus
  The court held that a writ of habeas corpus cannot be used to review alleged mistakes of law or fact that occurred during a conviction, especially when the defendant pleaded guilty and was represented by counsel.