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

• Perez v. Turner
  462 F.2d 1056· 10th Cir.· 1972-07-17 ·cited 6×·via Writ Of Habeas Corpus
  The court held that the inmate's confinement in prison, despite sexual assaults, did not constitute cruel and unusual punishment violating the Eighth Amendment, and thus habeas corpus relief was not warranted.
• Conte v. Cardwell
  475 F.2d 698· 6th Cir.· 1972-06-29 ·cited 6×·via Petition For Habeas Corpus Relief
  The court held that the affidavits were insufficient to support a delayed filing of the motion to reconsider, and the petition to rehear would be denied for untimely filing.
• Dombrowski v. Cady
  471 F.2d 280· 7th Cir.· 1972-06-02 ·cited 6×·via Habeas Corpus Petition
  The court held that the warrantless search of the Ford's trunk was unreasonable and that evidence seized from it tainted the conviction, requiring reversal of the habeas denial.
• LeDENT v. Wolff
  460 F.2d 1001· 8th Cir.· 1972-05-19 ·cited 6×·via Habeas Corpus Petition
  The court held that a federal court should not rule on a habeas corpus petition raising a Fourth Amendment search warrant issue until the petitioner has fully exhausted state remedies for claims regarding the truthfulness of the affidavit supporting the warrant.
• Taylor v. Elliott
  458 F.2d 979· 5th Cir.· 1972-04-14 ·cited 6×·via Writ Of Habeas Corpus
• Kemp v. Major General Bradley
  457 F.2d 627· 8th Cir.· 1972-04-04 ·cited 6×
  The Army's denial of a conscientious objector discharge based on a "depth of conviction" standard, rather than sincerity, was unlawful.
• Wilburn v. Warden L. S. Nelson
  458 F.2d 502· 9th Cir.· 1972-03-02 ·cited 6×·via Writ Of Habeas Corpus
  Assistance of counsel is not an essential element of due process in all parole revocation hearings.
• Brinks v. State OF Ala. & W. S. Furlow
  465 F.2d 446· 5th Cir.· 1972-03-01 ·cited 6×·via Habeas Corpus Petition
  The court held that the evidence presented met the standard for reasonable doubt of the accused's sanity, and the trial court erred in denying the statutory sanity inquiry.
• Glass v. Heyd
  457 F.2d 562· 5th Cir.· 1972-02-07 ·cited 6×·via Habeas Corpus Petition
  The court held that the refusal to reveal names was unjustified, and the finding of contempt was correct.
• Edwards v. Swenson
  454 F.2d 1106· 8th Cir.· 1972-01-14 ·cited 6×·via Habeas Corpus Petition
  The court held that the confession was voluntarily given and admissible, and that the arrest, even if illegal, did not taint the confession or render the trial unfair.
• Erving v. Sigler
  453 F.2d 843· 8th Cir.· 1972-01-14 ·cited 6×·via Habeas Corpus Petition
  The court held that the state trial judge's ruling overruling an objection to a confession did not constitute a reliable determination of voluntariness as required by Jackson v. Denno.
• Ottis Mayo Jones v. United States
  453 F.2d 351· 5th Cir.· 1972-01-07 ·cited 6×
  The court held that the district court did not abuse its discretion in denying the various motions and that the rulings were without error.
• United States ex rel. George E. Davis v. Yeager
  453 F.2d 1001· 3d Cir.· 1971-12-30 ·cited 6×
  The court held that the state court records were inadequate to justify the District Court's denial of the petition without an evidentiary hearing, requiring a remand.
• Jones v. Cupp
  452 F.2d 1091· 9th Cir.· 1971-12-29 ·cited 6×·via Application For Writ Of Habeas Corpus
  The court held that a guilty plea is valid even if induced by a prior coerced confession, provided the plea itself was voluntary and intelligently entered with competent counsel. It also held that the prospective application of a reduced criminal penalty does not violate equal pr
• Cassasa v. Nelson
  452 F.2d 1083· 9th Cir.· 1971-12-10 ·cited 6×
  The court held that the introduction of evidence of uncharged offenses, even if potentially improper under state law, did not rise to the level of a constitutional violation cognizable by a federal court.
• United States ex rel. William Robert Calhoun v. Twomey
  454 F.2d 326· 7th Cir.· 1971-12-02 ·cited 6×
  The court held that the failure to provide counsel for an inmate's return to the surrendering state after extradition does not violate constitutional due process or equal protection, nor does it divest the surrendering state of jurisdiction.
• Burnside v. Sigler
  451 F.2d 987· 8th Cir.· 1971-11-24 ·cited 6×
  The court held that the petitioner failed to exhaust his state remedies regarding his claim of ineffective assistance of counsel.
• Doll Holloway v. Louie L. Wainwright
  451 F.2d 149· 5th Cir.· 1971-11-16 ·cited 6×·via Habeas Corpus Petition
  The court held that the appellant's petition for habeas corpus was properly denied because his claim of non-compliance with Florida Statutes § 932.38 did not rise to a constitutional level and he had not exhausted state remedies for other claims.
• Scarpetta v. DeMARTINO
  254 So. 2d 813· Fla. 3d DCA· 1971-09-28 ·cited 6×
  Olga Scarpetta sought a writ of habeas corpus to regain custody of her minor child from Nick and Jean DeMartino, claiming they held illegal custody. The Florida appellate court affirmed the trial judge's denial of the petition, finding that the child's best interests were served
• Rehart v. Commander Lynn R. Clark
  448 F.2d 170· 9th Cir.· 1971-09-01 ·cited 6×
  The court held that a BUPERS Instruction, referenced in an enlistment extension agreement, is part of the governing law and cannot be disregarded in interpreting the agreement, even under the parol evidence rule.
• United States ex rel. Arthur Kameshka v. Col. Donald F. Neff
  446 F.2d 1164· 3d Cir.· 1971-08-17 ·cited 6×
  The court held that the Selective Service board's denial of a II-A occupational deferment was arbitrary and without a basis in fact, requiring reversal of the lower court's decision.
• United States ex rel. Theodore R. Lewis v. Pate
  445 F.2d 506· 7th Cir.· 1971-07-15 ·cited 6×
  The court held that a defendant's failure to object to the admission of a statement on the basis of voluntariness, absent an 'alerting circumstance,' forecloses the contention that the trial court was obliged sua sponte to conduct a voluntariness hearing.
• Short v. Cardwell
  444 F.2d 1368· 6th Cir.· 1971-07-07 ·cited 6×·via Habeas Corpus Petition
  The court held that the district judge erred in denying an evidentiary hearing on the appellant's claims of prejudice due to delay and deprivation of counsel, vacating the judgment and remanding for such a hearing.
• Grover Cleveland McDANIEL v. Sheriff OF Dallas Cnty. & State of Tex.
  445 F.2d 851· 5th Cir.· 1971-06-24 ·cited 6×·via Habeas Corpus Petition
  The court held that a habeas corpus petition is not moot even if the sentence has been served, and the petitioner is entitled to adjudication on the merits if state remedies are exhausted.
• Reed v. Turner
  444 F.2d 206· 10th Cir.· 1971-06-07 ·cited 6×·via Habeas Corpus Petition
  The court held that a guilty plea induced by promises of leniency is involuntary and subject to collateral attack, but the immediate release of the petitioner was an abuse of discretion.
• Ridge v. Turner
  444 F.2d 3· 10th Cir.· 1971-06-07 ·cited 6×·via Habeas Corpus Petition
  The court held that the district court's finding of a coerced guilty plea was supported by the evidence, but the order for immediate discharge was improper.
• Mitchell v. Salisbury
  443 F.2d 324· 6th Cir.· 1971-06-04 ·cited 6×·via Application For Writ Of Habeas Corpus
  The court affirmed the district court's finding that the petitioner had filed a timely notice of appeal, but modified the order to avoid directing the state court's actions.
• Payne v. Wingo
  442 F.2d 1192· 6th Cir.· 1971-06-02 ·cited 6×
  The court held that a federal district judge must personally conduct an evidentiary hearing in a habeas corpus proceeding, and cannot delegate this duty to a Special Master.
• Thomason v. Smith
  442 F.2d 1330· 5th Cir.· 1971-05-26 ·cited 6×·via Habeas Corpus Petition
  The court held that the federal district court improperly ruled on the prisoner's allegations without first determining if state remedies had been exhausted.
• United States ex rel. Edwin Walker v. Maroney
  444 F.2d 47· 3d Cir.· 1971-05-24 ·cited 6×
  The court held that the Supreme Court's decision in Coleman v. Alabama should not be applied retroactively to the relator's preliminary hearing.
• Heezen v. Daggett
  442 F.2d 1002· 8th Cir.· 1971-05-11 ·cited 6×
  The court held that a parolee is not entitled to appointed counsel at a parole revocation hearing, and any delay in holding the hearing does not render it a nullity if it is eventually held.
• United States ex rel. William W. Crossman v. Pate
  440 F.2d 535· 7th Cir.· 1971-03-11 ·cited 6×·via Habeas Corpus Petition
  The court held that the record conclusively demonstrated the petitioner was competent to enter a guilty plea and was not entitled to an evidentiary hearing.
• Rhinehart v. Rhay
  440 F.2d 718· 9th Cir.· 1971-03-11 ·cited 6×·via Habeas Corpus Petition
  The court held that the district court's standard of state prosecutorial conduct was unrealistic and reversed the judgment ordering retrial or release.
• United States ex rel. John D. Hutcheson, Jr. v. Hoffman
  439 F.2d 821· 5th Cir.· 1971-03-04 ·cited 6×
  The court held that the Army was entitled to conclude that the petitioner's services were not essential to the community's health, safety, or welfare under Army Regulation 601-25.
• Polsky v. Major General Roderick Wetherill
  438 F.2d 132· 10th Cir.· 1971-02-24 ·cited 6×
  The dissenting judge would hold that the prior ruling does not bar a hearing on a habeas petition when the government waives the exhaustion of military remedies.
• Nowak v. Major General Collins
  437 F.2d 1303· 3d Cir.· 1971-02-16 ·cited 6×
  A graduate student is 'satisfactorily pursuing a full-time course of instruction' for a I-S(c) deferment if enrolled in a full-time program during the academic year of induction, and a certification from the school is prima facie proof.
• United States ex rel. Charles Bishop H-4971 v. Rundle
  437 F.2d 204· 3d Cir.· 1971-01-12 ·cited 6×·via Habeas Corpus Petition
  The court held that the confession was admissible as it was voluntary and the arrest was supported by probable cause, and that the issue of counsel at juvenile certification was not properly preserved.
• State of Fla. ex rel. v. Purdy
  242 So. 2d 498· Fla. 3d DCA· 1971-01-05 ·cited 6×·via Writ Of Habeas Corpus
  A Florida appellate court rejected a class action petition for habeas corpus relief filed by an incarcerated individual claiming that he and others similarly situated were denied notice of their right to counsel at preliminary hearings. The court held that class actions are not a
• United States ex rel. Donald Kent v. Maroney
  435 F.2d 1020· 3d Cir.· 1970-12-23 ·cited 6×
  The court held that the adequacy of legal representation must be judged by the standard of normal competency, and remanded the case for a determination of whether the petitioner received such representation.
• United States ex rel. Louis Henry Burns v. LaVALLEE
  436 F.2d 1352· 2d Cir.· 1970-12-21 ·cited 6×·via Habeas Corpus Petition
  The court held that the written statement obtained from the appellant was involuntary as a matter of federal constitutional law, despite state court findings to the contrary.
• United States ex rel. Lloyd Grover Black v. Russell
  435 F.2d 546· 3d Cir.· 1970-12-11 ·cited 6×
  The court held that a petitioner cannot complain of deprivation of a right of appeal if the original deprivation has been fully redressed by a later granted nunc pro tunc appeal.
• United States ex rel. Malachi Beard, Jr. v. Rundle
  434 F.2d 588· 3d Cir.· 1970-12-04 ·cited 6×·via Habeas Corpus Petition
  The court held that the defendant failed to prove indigency and therefore was not entitled to appointed counsel on appeal. Furthermore, the court found that the defendant had not exhausted his state remedies on the issue of counsel's alleged ineffectiveness.
• United States ex rel. Richard J. Stuart v. Yeager
  434 F.2d 1308· 3d Cir.· 1970-11-30 ·cited 6×
  The court held that the district court correctly denied the petition for a writ of habeas corpus because the petitioner was not in custody in violation of federal law at the time of the petition.
• Edmundo Rodriguez-Romero v. Immigr. & Naturalization Serv.
  434 F.2d 1022· 9th Cir.· 1970-11-25 ·cited 6×
  The court held that the appellant was not a U.S. citizen and his deportation was lawful, affirming the denial of his habeas corpus petition.
• Schram v. Hoyt C. Cupp
  436 F.2d 692· 9th Cir.· 1970-11-25 ·cited 6×·via Habeas Corpus Petition
  The dissenting judge believes the majority erred by not granting a hearing to assess the credibility of the petitioner's assertion of non-knowing waiver of counsel.
• Ardister v. Smith
  433 F.2d 931· 5th Cir.· 1970-11-11 ·cited 6×
  The court held that a preliminary hearing is not a critical stage for federal habeas relief and that the appellant must exhaust state remedies for other claims before seeking federal habeas corpus.
• Edison R. Womack v. Craven
  431 F.2d 1191· 9th Cir.· 1970-09-22 ·cited 6×
  The court held that admitting a prior conviction on advice of counsel, even if the prior conviction is questionable, constitutes a knowing and intelligent waiver of the right to contest its validity, analogous to a guilty plea under similar circumstances.
• Haywood Williams, Jr. v. United States
  431 F.2d 873· 5th Cir.· 1970-09-09 ·cited 6×
  A federal convict must exhaust administrative remedies before seeking judicial review for loss of good time.
• Johnson v. Craven
  432 F.2d 418· 9th Cir.· 1970-09-02 ·cited 6×
  The court held that the petitioner's claims of illegal search and seizure and ineffective assistance of counsel did not warrant habeas corpus relief.
• Williams v. Nelson
  431 F.2d 932· 9th Cir.· 1970-08-18 ·cited 6×
  The court held that the district court correctly denied the petition for a writ of habeas corpus because the appellant failed to exhaust his state remedies.