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. Harry James Lehman, III v. Laird
  430 F.2d 96· 4th Cir.· 1970-07-31 ·cited 6×
  A servicemember's sincere ethical or moral beliefs, even if not traditionally religious, can qualify as "religious training and belief" for conscientious objector status if they occupy a place parallel to God in the individual's life and function as a religion.
• Williams v. U. S. Bd. OF Paroles
  428 F.2d 1210· 5th Cir.· 1970-07-24 ·cited 6×
  The court held that a parole violator warrant must be issued within the maximum sentence term, but service of the warrant is not required within that term. Additionally, earned good time can be forfeited upon parole violation.
• LEE v. Beto
  429 F.2d 524· 5th Cir.· 1970-07-22 ·cited 6×
  The court held that the district court must make findings of fact and conclusions of law regarding the fundamental fairness of the petitioner's trial, including evidence of witness intimidation and racial prejudice.
• Petition of Alphonse Vincent Castaldi for a Writ of Habeas Corpus. Alphonse Vincent Castaldi
  428 F.2d 371· 8th Cir.· 1970-06-24 ·cited 6×·via Writ Of Habeas Corpus
  The court held that the Parole Board has discretion to delay the execution of a parole violator warrant, and the delay in this case was not unreasonable.
• United States ex rel. William Cadogan v. Hon. J. Edwin LaVALLEE
  428 F.2d 165· 2d Cir.· 1970-06-05 ·cited 6×·via Writ Of Habeas Corpus
  The court held that the denial of the suppression hearing transcript was harmless error given the overwhelming evidence of guilt and the transcript's lack of exculpatory value.
• Brown v. State OF Ark.
  426 F.2d 677· 8th Cir.· 1970-05-12 ·cited 6×
  The court held that the petition must be dismissed because the petitioner is no longer in custody under the Arkansas conviction, and thus there is no proper party in Arkansas to defend the habeas corpus petition.
• United States ex rel. Edmund P. Jackson v. Honorable Harold W. Follette
  425 F.2d 257· 2d Cir.· 1970-04-30 ·cited 6×
  The court held that the state trial judge's actions did not violate the appellant's rights, even if the judge failed to explicitly inform him of his right to self-representation, because the appellant's request to dismiss counsel was equivocal and appeared to be for delay.
• Betts v. Beto
  424 F.2d 1299· 5th Cir.· 1970-04-27 ·cited 6×
  The court held that a Texas convict is not entitled to credit on his sentence for time spent on parole, and that issues not raised in the district court are not properly before the appellate court.
• Fortunat J. Michaud v. Robbins
  424 F.2d 971· 1st Cir.· 1970-04-22 ·cited 6×·via Habeas Corpus Petition
  The court held that the petitioner's will was not overborne by police conduct during the 1955 interrogation, and therefore, admitting his confessions did not violate due process.
• O'Hara v. Louie L. Wainwright
  233 So. 2d 429· Fla. 2d DCA· 1970-03-25 ·cited 6×·via Writ Of Habeas Corpus
  Willie O'Hara filed a petition for habeas corpus challenging the legality of his conviction for a criminal offense after jury trial. The Florida District Court of Appeal issued the writ and appointed a circuit judge as commissioner to take testimony and resolve factual disputes b
• Bauer v. Beto
  423 F.2d 1113· 5th Cir.· 1970-03-23 ·cited 6×
  The court held that the prisoner impliedly consented to the removal of the wills, and the abandoned claim of denied compulsory process was properly declined.
• United States ex rel. Lee Pao FEN v. Esperdy
  423 F.2d 6· 2d Cir.· 1970-03-12 ·cited 6×·via Application For Writ Of Habeas Corpus
  The court held that the denial of a stay of deportation was not an abuse of discretion, as the alien's conduct was dilatory and lacked good faith.
• Riley v. Perini
  422 F.2d 397· 6th Cir.· 1970-02-27 ·cited 6×·via Writ Of Habeas Corpus
  Federal courts may only review state parole board actions for constitutional violations, not for abuse of discretion.
• United States ex rel. Ralph Madison H-5666 v. Rundle
  422 F.2d 49· 3d Cir.· 1970-02-27 ·cited 6×
  The court held that the relator's guilty plea was voluntary and that he was not denied his constitutional rights regarding the death penalty or the right to appeal.
• Quinn v. Laird
  421 F.2d 840· 9th Cir.· 1970-01-22 ·cited 6×
  The court held that the dismissal orders were no longer valid due to subsequent administrative action and a change in government policy regarding exhaustion of remedies.
• Darrel F. Parker v. Sigler
  419 F.2d 827· 8th Cir.· 1969-12-30 ·cited 6×·via Habeas Corpus Petition
  Courts of Appeals lack jurisdiction to entertain original petitions for habeas corpus.
• Euge v. J. Earl Smith, M.D.
  418 F.2d 1296· 8th Cir.· 1969-12-10 ·cited 6×·via Writ Of Habeas Corpus
  A federal court cannot grant an injunction to stay state court proceedings except in limited circumstances, and this case does not fall within those exceptions.
• Goodwin v. Page
  418 F.2d 867· 10th Cir.· 1969-11-18 ·cited 6×·via Habeas Corpus Petition
  The court held that a consecutive sentence for a subsequent crime runs independently of a prior conviction that is later declared void.
• United States ex rel. Alfred James Gary v. Follette
  418 F.2d 609· 2d Cir.· 1969-11-17 ·cited 6×·via Writ Of Habeas Corpus
  The court held that the arrest was lawful because the informant's tip, corroborated by the suspects' actions and the appellant's presence, provided probable cause.
• United States ex rel. John C. Rebenstorf v. Pate
  417 F.2d 1222· 7th Cir.· 1969-09-22 ·cited 6×
  The court held that the district court erred in dismissing the claim of ineffective assistance of trial counsel without reviewing the state court record, and that the denial of a transcript and counsel for a post-judgment relief appeal was not a constitutional violation as the pr
• Braun v. Rhay
  416 F.2d 1055· 9th Cir.· 1969-09-15 ·cited 6×·via Writ Of Habeas Corpus
  The court held that a resentencing without counsel violates the Sixth Amendment, and prior convictions affecting probation eligibility can be challenged in federal habeas corpus even if valid when imposed.
• Huffman v. Beto
  414 F.2d 1094· 5th Cir.· 1969-08-27 ·cited 6×
  The court held that the district court erred in failing to make specific findings of fact regarding the alleged use of perjured testimony, requiring vacation of that part of the judgment. The grant of an out-of-time appeal was affirmed as complete relief for the dismissed appeal
• Daniels v. Nelson
  415 F.2d 323· 9th Cir.· 1969-08-14 ·cited 6×
  The court held that a state prisoner's federal habeas corpus petition is premature while his direct appeal in the state court is still pending.
• MacKey v. Koloski
  413 F.2d 1019· 6th Cir.· 1969-07-22 ·cited 6×
  The court held that a delayed appeal on the merits of the conviction is an available remedy that must be pursued to exhaust state remedies, even if subject to court discretion.
• Dennis v. People OF the State OF Cal.
  414 F.2d 424· 9th Cir.· 1969-07-11 ·cited 6×
  The court held that the petitioner's allegations of coercion and inadequate counsel were insufficient to warrant an evidentiary hearing on his habeas corpus petition.
• Latney v. Ignatius
  416 F.2d 821· D.C. Cir.· 1969-06-30 ·cited 6×
  The court held that a civilian seaman, employed by a private company and not closely assimilated to military personnel, cannot be tried by court-martial for a crime committed in port, even in wartime.
• Schwartz v. Major General John Franklin
  412 F.2d 736· 9th Cir.· 1969-06-10 ·cited 6×·via Habeas Corpus Petition
  The court held that the Congressional War Powers permit the retroactive application of 10 U.S.C. § 673a, which may result in a minimal breach of a reservist's contract or infringement of personal freedom.
• United States ex rel. Daniel Bolish v. Maroney
  409 F.2d 1404· 3d Cir.· 1969-04-24 ·cited 6×
• Billingsley v. State OF NEW Jersey & the Principal Keeper of the State Prison at Trenton
  408 F.2d 1181· 3d Cir.· 1969-04-03 ·cited 6×
  The court held that under Escobedo, the failure to advise a suspect of their right to counsel before interrogation does not render statements inadmissible if the suspect did not request counsel.
• United States ex rel. Lewis Alexander Brooks v. McMANN
  408 F.2d 823· 2d Cir.· 1969-03-19 ·cited 6×
  The court held that a defendant's guilty plea is not rendered involuntary by the trial court's failure to warn of potential recidivist sentencing if the defendant was otherwise aware of the consequences.
• Monnich v. Kropp
  408 F.2d 356· 6th Cir.· 1969-03-12 ·cited 6×
  The court held that the district court afforded the petitioner a full evidentiary hearing and that the petitioner cannot claim error for declining to present evidence.
• Heath v. Louie L. Wainwright
  408 F.2d 1020· 5th Cir.· 1969-02-28 ·cited 6×·via Habeas Corpus Petition
  The court affirmed the district court's denial of habeas corpus relief, finding no clear error in its factual findings or legal conclusions.
• Parker v. Comstock
  404 F.2d 746· 9th Cir.· 1968-12-18 ·cited 6×·via Habeas Corpus Petition
  The court held that the denial of habeas corpus relief cannot be sustained solely on the ground that the applicant is challenging only the first of two consecutive sentences.
• Rhodus v. Patterson
  404 F.2d 890· 10th Cir.· 1968-12-12 ·cited 6×·via Habeas Corpus Petition
  A prisoner is considered 'in custody' for habeas corpus purposes even if release is not immediate, allowing adjudication of constitutional claims.
• Clarke v. Henderson
  403 F.2d 687· 6th Cir.· 1968-11-27 ·cited 6×
  The court held that a full evidentiary hearing is necessary to determine the constitutionality of the warrantless seizure of clothing, as the prior record was inadequate and the case predated relevant Supreme Court precedent.
• Kayton v. Louie L. Wainwright
  402 F.2d 471· 5th Cir.· 1968-11-04 ·cited 6×·via Habeas Corpus Petition
  The court held that the denial of habeas corpus relief without a hearing was improper, as the petitioner's allegations required an evidentiary hearing.
• Woodington v. Mathews
  401 F.2d 125· 7th Cir.· 1968-09-20 ·cited 6×·via Writ Of Habeas Corpus
  The court affirmed the district court's denial of the writ of habeas corpus, holding that federal courts should defer to state court decisions on the merits when federal standards have been met.
• Minasian v. Capt. Paul R. Engle
  400 F.2d 137· 9th Cir.· 1968-08-06 ·cited 6×
  The court held that the district court had jurisdiction to hear the habeas corpus petition and that the appellant failed to exhaust administrative remedies by not complying with Navy procedures for a new application, treating his later letters as mere requests for reconsideration
• Ferenc v. Thursby
  212 So. 2d 887· Fla. 1st DCA· 1968-07-25 ·cited 6×·via Writ Of Habeas Corpus
  This case involves an appeal from a denial of a petition for a writ of habeas corpus. The appellate court granted the state's motion to quash the appeal, finding it frivolous because habeas corpus cannot be used to test the legality of an arrest before trial.
• van Ermen v. Burke
  398 F.2d 329· 7th Cir.· 1968-06-28 ·cited 6×
  The court held that the district court correctly denied the habeas corpus petition without an evidentiary hearing, as the state court's findings were supported by evidence and dispositive of the claims.
• Tynan v. Eyman
  397 F.2d 53· 9th Cir.· 1968-06-21 ·cited 6×
  The court held that the preliminary examination was not a critical stage and that the appellant suffered no prejudice from lack of counsel at that stage, and that the claim of perjured testimony was without merit.
• Poole v. Cletus J. Fitzharris
  396 F.2d 544· 9th Cir.· 1968-06-12 ·cited 6×·via Writ Of Habeas Corpus
  The court held that a defense attorney can waive certain Sixth Amendment rights, like confrontation, as a matter of trial strategy, absent exceptional circumstances.
• Bennett v. Allen
  396 F.2d 788· 9th Cir.· 1968-06-12 ·cited 6×
  The court held that the complaint, seeking to invalidate a state conviction and restrain incarceration, should have been treated as a petition for a writ of habeas corpus, not a civil rights action.
• United States ex rel. Albert Jefferson v. Hon. Harold W. Follette
  396 F.2d 862· 2d Cir.· 1968-06-06 ·cited 6×·via Habeas Corpus Petition
  The court held that the district court erred in dismissing the habeas corpus petition without a hearing, as the petitioner made a sufficient showing that he may have been denied the means to adequately develop facts at the state court hearing.
• Patterson v. Brown
  393 F.2d 733· 10th Cir.· 1968-04-30 ·cited 6×·via Habeas Corpus Petition
  A federal habeas court has jurisdiction to consider constitutional claims despite state procedural default, unless the applicant deliberately bypassed state court procedures.
• United States ex rel. Ralph Staino, Jr. v. Brierly
  387 F.2d 597· 3d Cir.· 1967-12-29 ·cited 6×·via Habeas Corpus Petition
  The court held that the use of a prisoner's silence as a "tacit admission" of guilt, under the circumstances of this case, violated the Fourteenth Amendment's due process clause.
• Cheek v. Swenson
  387 F.2d 339· 8th Cir.· 1967-12-04 ·cited 6×
  The court held that the appellant had not fully exhausted his state remedies under the newly amended Missouri Rule 27.26.
• Wilson v. Honorable Stanley A. Weigel
  387 F.2d 632· 9th Cir.· 1967-12-01 ·cited 6×·via Habeas Corpus Proceedings
  The court held that while general discovery depositions are not authorized in habeas corpus proceedings, evidentiary depositions may be permissible under certain circumstances, and the district court's discretion in managing such proceedings should not be overridden by mandamus.
• Maness v. Swenson
  385 F.2d 943· 8th Cir.· 1967-11-17 ·cited 6×·via Habeas Corpus Petition
  The court held that the petitioner's case should be remanded to the District Court to allow the Missouri courts an opportunity to consider whether the petitioner desired to appeal or knowingly waived his right to appeal, in light of evolving constitutional standards.
• United States ex rel. Alfred M. Wolak v. Howard A. Yeager (Warden)
  385 F.2d 478· 3d Cir.· 1967-11-06 ·cited 6×·via Habeas Corpus Petition
  The court held that subjecting the defendant to a trial with the possibility of the death penalty, after a prior conviction with a recommendation of life imprisonment, constituted harmless constitutional error.