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

• Potter v. Perini
  545 F.2d 1048· 6th Cir.· 1976-12-21 ·cited 6×
  The presence of an alternate juror in the jury room for a limited time, without any showing of prejudice or effect on deliberations, does not violate a defendant's constitutional rights under Ohio law.
• United States ex rel. James Williams v. Walker
  535 F.2d 383· 7th Cir.· 1976-05-20 ·cited 6×
  The court held that the unintentional use of false testimony by the prosecution does not violate due process, and a habeas corpus petitioner must show the prosecution knowingly used false testimony.
• Royal v. Superior Court OF NEW Hampshire
  531 F.2d 1084· 1st Cir.· 1976-03-12 ·cited 6×·via Habeas Corpus Petition
  The court held that the petitioner was denied due process because he was charged and convicted under a statute that was unconstitutionally vague as applied to him.
• FRY v. Estelle
  527 F.2d 420· 5th Cir.· 1976-02-19 ·cited 6×·via Habeas Corpus Petition
• Bradley v. Judges OF the Superior Court FOR the Cnty. OF LOS Angeles
  531 F.2d 413· 9th Cir.· 1976-02-04 ·cited 6×
  The court held that amendments to Cal.Code Civ.P. § 206 mooted the Civil Rights Act action and affirmed the denial of habeas corpus petitions, finding the dual draw system constitutional under a rational basis test and not subject to retroactive application.
• Shaffer v. Hon. James R. Schlesinger
  531 F.2d 124· 3d Cir.· 1976-02-03 ·cited 6×·via Writ Of Habeas Corpus
  The court held that the Army Conscientious Objector Review Board's finding of insincerity lacked a basis in fact, as the cited reasons were insufficient to support the conclusion.
• Curry v. Estelle
  524 F.2d 981· 5th Cir.· 1975-12-17 ·cited 6×·via Habeas Corpus Petition
  The court held that a governor's commutation of a death sentence, even after it was vacated, does not violate constitutional rights and that a conviction based on a grand jury systematically excluding a class of citizens is subject to attack without showing prejudice.
• McMILLON v. Estelle
  523 F.2d 1249· 5th Cir.· 1975-11-28 ·cited 6×·via Habeas Corpus Petition
  The court held that a per se rule of prejudice is not adopted, and the lower court's ruling was not clearly erroneous on these facts.
• United States ex rel. Jose R. Castro v. Regan
  525 F.2d 1157· 3d Cir.· 1975-11-24 ·cited 6×·via Habeas Corpus Petition
  The court held that the trial court's jury instructions, when viewed as a whole, did not violate the Mullaney v. Wilbur due process standard regarding the burden of proof for malice.
• Lea Spears v. Cir. Court
  517 F.2d 360· 5th Cir.· 1975-08-11 ·cited 6×·via Writ Of Habeas Corpus
  The court held that the appellant's Sixth Amendment right to confrontation was not violated by the admission of certain hearsay evidence, and that her other claims regarding the constitutionality of the abortion statute and due process were without merit.
• United States ex rel. John Suggs v. la Vallee
  523 F.2d 539· 2d Cir.· 1975-08-07 ·cited 6×
  The court held that the district court erred in vacating guilty pleas without an evidentiary hearing, given conflicting psychiatric reports regarding the defendant's competency.
• Jasper C. Pressley v. Swain
  515 F.2d 1290· D.C. Cir.· 1975-07-09 ·cited 6×
• Boyd v. Cowan
  519 F.2d 182· 6th Cir.· 1975-07-02 ·cited 6×
  The court held that a state prisoner's constitutional right to appeal and to counsel at appeal cannot be waived by a third party, such as a sister, without the prisoner's knowing, intelligent, and intentional relinquishment.
• Lobis v. Secretary OF the United States AIR Force
  519 F.2d 304· D.C. Cir.· 1975-06-25 ·cited 6×
  The court held that the Secretary's denial of conscientious objector status based solely on the timing of the applicant's claim, without sufficient supporting evidence of insincerity, lacked a basis in fact.
• Gilstrap v. Mills Godwin
  517 F.2d 52· 4th Cir.· 1975-05-29 ·cited 6×·via Habeas Corpus Petition
  A federal prisoner must exhaust state remedies, including pretrial habeas corpus, before seeking federal habeas relief, even if the state's highest court typically reviews speedy trial issues post-trial.
• Mason v. Ciccone
  517 F.2d 73· 8th Cir.· 1975-05-19 ·cited 6×
  The court held that a single, non-recurring incident of alleged assault and disagreement with medical treatment do not state a claim for habeas corpus relief.
• Waldorf Brainard Brice v. Pickett
  515 F.2d 153· 9th Cir.· 1975-05-01 ·cited 6×
  The court held that 8 U.S.C. § 1251(a)(11) applies to foreign convictions for marijuana possession, and deportation based on such a conviction is constitutional.
• Albritton v. Louie L. Wainwright
  313 So. 2d 763· Fla.· 1975-04-23 ·cited 6×
  The Florida Supreme Court upheld the termination of Roy Albritton's parole, finding substantial compliance with federal due process standards established in Morrissey v. Brewer and Gagnon v. Scarpelli. Despite minor procedural deficiencies, the overwhelming evidence of parole vio
• Cranford v. Rodriguez
  512 F.2d 860· 10th Cir.· 1975-03-18 ·cited 6×·via Habeas Corpus Petition
  The court held that the petitioner's constitutional rights were not violated by the confession obtained in Mexico, as the state court's determination of voluntariness was presumed correct and the Miranda warnings, though imperfect, were a good faith effort under the circumstances
• Russell v. State OF Mo.
  511 F.2d 861· 8th Cir.· 1975-03-07 ·cited 6×·via Habeas Corpus Petition
  A guilty plea breaks the chain of prior constitutional deprivations, and a claim of counsel denial at arrest is insufficient to challenge a subsequent voluntary guilty plea unless it shows the plea itself was involuntary due to ineffective counsel.
• Whitaker v. Estelle
  509 F.2d 194· 5th Cir.· 1975-03-06 ·cited 6×·via Habeas Corpus Petition
  The court held that the appellant's state rape conviction was not unconstitutional, as his arrest was based on probable cause, his confession was voluntary, and the state court had jurisdiction.
• Eagle v. Andera
  508 F.2d 1293· 8th Cir.· 1975-01-08 ·cited 6×·via Habeas Corpus Petition
  The court held that the contributing to delinquency statute was not unconstitutionally vague as applied to the appellants' conduct, but remanded the disorderly conduct statute for an evidentiary hearing on its construction.
• Culotta v. Warden Pickett
  506 F.2d 1061· 7th Cir.· 1974-12-05 ·cited 6×
  A federal prisoner is not entitled to credit on his federal sentence for time spent in exclusive state custody for a parole violation, even if the parole violation stemmed from acts that also violated federal law.
• Gibbs v. Louie L. Wainwright
  302 So. 2d 175· Fla. 2d DCA· 1974-10-25 ·cited 6×
  Gibbs challenged his parole revocation on due process and double jeopardy grounds. The Florida District Court of Appeal held that Gibbs received adequate procedural due process under Morrissey v. Brewer and that the forfeiture of gain time and parole credit upon revocation does n
• Hunter v. Swenson
  504 F.2d 1104· 8th Cir.· 1974-10-24 ·cited 6×·via Habeas Corpus Petition
  The court affirmed the denial of habeas corpus, finding the confession voluntary and not induced by false promises of leniency.
• State v. Hill
  299 So. 2d 625· Fla. 1st DCA· 1974-06-18 ·cited 6×
  The State appeals a trial court's order discharging a defendant under Florida's speedy trial rule. Although the appellate court agrees with the State that a speedy trial demand filed before the information was a nullity under precedent, it affirms the discharge based on habeas co
• Berry v. Cowan
  497 F.2d 1274· 6th Cir.· 1974-06-12 ·cited 6×
  The court held that the federal courts must defer to state court factual findings when supported by the record, and that the petitioner received constitutionally effective assistance of counsel.
• Flores v. Estelle
  492 F.2d 711· 5th Cir.· 1974-04-15 ·cited 6×
  The court held that the trial court's refusal to compel a toxicologist to testify as an expert witness, despite the witness's refusal to offer an opinion without being retained, constituted an error that required an evidentiary hearing to determine if it was harmless beyond a rea
• State OF Wis. ex rel. Thomas Monsoor v. Gagnon
  497 F.2d 1126· 7th Cir.· 1974-03-19 ·cited 6×
  Striking a defense witness's testimony on collateral credibility issues, after the witness invoked the Fifth Amendment, violates the Sixth and Fourteenth Amendments' right to compulsory process.
• Linwood A. Arrington v. Anderson McGRUDER
  490 F.2d 795· D.C. Cir.· 1974-01-25 ·cited 6×
  The court held that continued imprisonment beyond the original maximum release date due to parole violations, under D.C. Code § 206, does not violate due process and that the presumption of credit for pre-trial confinement applies.
• Holtzinger v. Estelle
  488 F.2d 517· 5th Cir.· 1974-01-17 ·cited 6×
  The court held that Texas did not lose jurisdiction over the inmate and that credit for time spent on parole or incarcerated in another state is not constitutionally mandated.
• United States ex rel. George Paxos v. Alfred T. Rundle. Appeal of the Commonwealth OF Pa.
  491 F.2d 447· 3d Cir.· 1974-01-16 ·cited 6×·via Habeas Corpus Petition
  The dissent argues that the prosecutor's conduct violated due process and that the majority erred in finding the defense negligent.
• Ferrand v. Seamans
  488 F.2d 1386· 2d Cir.· 1973-12-13 ·cited 6×
  The court held that the Air Force's denial of conscientious objector status lacked a basis in fact, as the evidence overwhelmingly supported the petitioner's sincerity and the reasons for denial were legally insufficient.
• Patterson v. United States
  487 F.2d 341· 5th Cir.· 1973-11-09 ·cited 6×
  The court held that factual findings by the district court are binding on the court of appeals unless clearly erroneous.
• Marston v. Oliver
  485 F.2d 705· 4th Cir.· 1973-10-09 ·cited 6×·via Habeas Corpus Petition
  The court held that the Supreme Court's decision in Argersinger v. Hamlin, requiring counsel for misdemeanor convictions resulting in imprisonment, should not be applied retroactively to permit challenges to prior convictions solely for their collateral civil consequences, such a
• Ward v. Volpe
  484 F.2d 1230· 9th Cir.· 1973-09-18 ·cited 6×
  The court held that the Coast Guard's denial of the conscientious objector discharge had no basis in fact, as the applicant's objection crystallized after his enlistment.
• Trimble v. Stynchcombe
  481 F.2d 1175· 5th Cir.· 1973-07-31 ·cited 6×·via Writ Of Habeas Corpus
  The court held that an erroneous jury instruction shifting the burden of proof on alibi is not harmless error beyond a reasonable doubt.
• Kelley v. Swenson
  481 F.2d 86· 8th Cir.· 1973-06-22 ·cited 6×·via Habeas Corpus Petition
  The court held that the petitioner had not failed to exhaust state remedies by not seeking a rehearing en banc, as Missouri law does not grant an absolute right to such review when only the application of established federal constitutional principles is involved.
• DeWALT v. Commanding Officer
  476 F.2d 440· 5th Cir.· 1973-04-13 ·cited 6×
  The court held that there was a sufficient factual basis for the Army's denial of the petitioner's request for discharge as a conscientious objector.
• Thomas v. Craven
  473 F.2d 1235· 9th Cir.· 1973-03-02 ·cited 6×
  The court held that while the district court erred in its interpretation of 28 U.S.C. § 2254(d), this error did not lead to an incorrect result because there were no disputed factual issues.
• United States v. People OF the State OF Ill.
  473 F.2d 1382· 7th Cir.· 1973-02-16 ·cited 6×·via Habeas Corpus Petition
  A guilty plea is voluntary and understandingly entered if the defendant is admonished of the maximum possible sentence, even if the judge fails to explain the difference between concurrent and consecutive sentences.
• Fuller v. State
  473 F.2d 1383· 5th Cir.· 1973-02-15 ·cited 6×
  The district court correctly dismissed the habeas petition without prejudice because the petitioner had not exhausted his state remedies.
• Moreno v. Nelson
  472 F.2d 570· 9th Cir.· 1973-01-12 ·cited 6×
  The District Court did not abuse its discretion in declining to entertain the habeas petition because the appellant had not exhausted available state remedies.
• Broxson v. Louie L. Wainwright
  271 So. 2d 478· Fla. 1st DCA· 1973-01-10 ·cited 6×·via Writ Of Habeas Corpus
  The court held that the doctrine of laches applies to preclude a belated appeal in this habeas corpus proceeding.
• Anivel J. Gomes v. Gaughan
  471 F.2d 794· 1st Cir.· 1973-01-04 ·cited 6×·via Habeas Corpus Petition
  The court held that the petitioner's Fifth Amendment double jeopardy claim failed because the prison sentence and civil commitment were distinct, and the 1967 commitment was based on a fresh diagnosis. The court also held that the petitioner's Sixth Amendment right to counsel did
• Dietrich v. Captain G. L. Tarleton
  473 F.2d 177· D.C. Cir.· 1972-11-29 ·cited 6×·via Habeas Corpus Petition
  The court held that the Navy's denial of a conscientious objector discharge application, based in part on invalid grounds, must be reconsidered on a record free of legal taint.
• Ignatius J. Broussard, Jr. v. Patton
  466 F.2d 816· 9th Cir.· 1972-09-21 ·cited 6×
• Hollins v. Beto
  467 F.2d 951· 5th Cir.· 1972-09-19 ·cited 6×
  The court held that a prisoner's trial in prison clothing is inherently unfair, but relief requires showing the defendant did not waive the issue by failing to object.
• Mays v. Nelson
  464 F.2d 585· 9th Cir.· 1972-07-24 ·cited 6×·via Habeas Corpus Petition
  The court held that the failure to provide assistance of counsel during parole revocation proceedings violated due process.
• Williams v. Mo. Dep't of Corr.
  463 F.2d 993· 8th Cir.· 1972-07-21 ·cited 6×
  The court held that the petitioner had not exhausted his state judicial remedies, which is a prerequisite for federal habeas corpus relief.