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

• Harrison v. Otto C. Boles
  307 F.2d 928· 4th Cir.· 1962-09-13 ·cited 6×
  The court held that a petition for a writ of habeas corpus cannot be used to review errors of fact or law committed during a trial that do not involve the denial of a constitutional right, and that the allegations in this petition were insufficient to warrant a hearing.
• Byers v. Cochran
  143 So. 2d 319· Fla.· 1962-07-06 ·cited 6×·via Writ Of Habeas Corpus
  A petitioner cannot challenge a consecutive sentence via habeas corpus before it has begun to be served.
• Luton v. The State OF Tex.
  303 F.2d 899· 5th Cir.· 1962-06-15 ·cited 6×
  The court held that the district court erred in refusing to admit an affidavit that could cast doubt on appointed counsel's testimony regarding jail visits.
• Seelig v. The United States
  310 F.2d 243· 8th Cir.· 1962-06-01 ·cited 6×·via Writ Of Habeas Corpus
  The court denied petitioner's application for leave to proceed on appeal in forma pauperis.
• In re Allen
  140 So. 2d 640· Fla. 1st DCA· 1962-04-19 ·cited 6×·via Writ Of Habeas Corpus
  A conviction for escape is a substantive offense, and the punishment for escape is separate from the punishment for the offense for which the prisoner was confined.
• Whittaker v. Winfred Overholser
  299 F.2d 447· D.C. Cir.· 1962-01-25 ·cited 6×
  The court held that the district court's dismissal of a habeas corpus petition without clear findings of fact or conclusions of law was improper, requiring remand.
• Simcox v. Madigan
  298 F.2d 742· 9th Cir.· 1962-01-23 ·cited 6×
  A dishonorable discharge does not divest military courts-martial of jurisdiction over offenses committed by a person while serving a sentence of imprisonment, even if the discharge is part of that sentence.
• Yaeger v. Dir. OF Dep't OF Welf. & Insts.
  298 F.2d 55· 4th Cir.· 1962-01-03 ·cited 6×
  The court held that the case must be remanded to the District Court for findings on whether the petitioner has exhausted state remedies before raising his constitutional claim in federal court.
• Bolden v. Clemmer
  298 F.2d 306· D.C. Cir.· 1961-11-09 ·cited 6×
  The court held that the District Court should have inquired into the lawfulness of the prisoner's transfer, and the appeal was not moot despite the transfer.
• Worth v. People of the State OF Mich.
  291 F.2d 621· 6th Cir.· 1961-06-22 ·cited 6×
  The court denied the petitioner's motions for a certificate of probable cause, to proceed in forma pauperis, and for appointment of counsel.
• Hanovich v. Beryl C. Sacks
  290 F.2d 798· 6th Cir.· 1961-06-09 ·cited 6×·via Writ Of Habeas Corpus
  The court held that the state court had jurisdiction and the petitioner's federal constitutional rights were not violated, affirming the denial of the writ of habeas corpus.
• McKINNEY v. Weeks
  130 So. 2d 310· Fla. 2d DCA· 1961-04-26 ·cited 6×
  Joan McKinney appealed a lower court decision denying her habeas corpus petition to regain custody of her infant son born out of wedlock, who was placed with the Weeks for adoption. The appellate court reversed, finding that the adoption consent signed by the mother in blank (wit
• Sonnenberg v. Markley
  289 F.2d 126· 7th Cir.· 1961-04-06 ·cited 6×
  The Attorney General has discretion to transfer a juvenile delinquent committed to his custody to any penal institution, including those for adult criminals, provided it has appropriate facilities for treatment.
• Devine v. Hand
  287 F.2d 687· 10th Cir.· 1961-01-24 ·cited 6×
  A defendant's conviction is not invalidated by being forcibly brought to the jurisdiction if the trial court had competent jurisdiction and followed constitutional procedural safeguards.
• Shelton v. State OF S.C. & W. M. Manning
  285 F.2d 540· 4th Cir.· 1961-01-10 ·cited 6×
  A state prisoner's federal habeas corpus petition may be dismissed if a state court appeal is pending that will address the same issues.
• Taylor v. Daniels
  284 F.2d 135· 10th Cir.· 1960-11-10 ·cited 6×
  The court held that a prisoner returned as a conditional release violator must serve the entire remainder of his sentence, regardless of prior premature release.
• Sims v. Smyth
  282 F.2d 814· 4th Cir.· 1960-10-06 ·cited 6×
  The court held that the petitioner had not demonstrated exhaustion of state remedies, and thus the federal court should not have entertained the habeas corpus petition.
• Rayburn M. Pasley v. Overholser
  282 F.2d 494· D.C. Cir.· 1960-07-19 ·cited 6×
• Gagliasso v. Rood
  279 F.2d 822· 4th Cir.· 1960-06-21 ·cited 6×
  The Court of Appeals dismissed the appeal because the appellant failed to obtain a certificate of probable cause, which is required for appeals in habeas corpus cases.
• Clatterbuck v. Winfred Overholser
  278 F.2d 20· D.C. Cir.· 1960-03-24 ·cited 6×·via Habeas Corpus Petition
  The court held that the petitioner failed to prove his detention in the maximum security ward was unlawful or that he was in danger, and thus affirmed the dismissal of his habeas corpus petition.
• Boyd v. Cochran
  118 So. 2d 627· Fla.· 1960-03-09 ·cited 6×·via Writ Of Habeas Corpus
  The Florida Supreme Court quashed a writ of habeas corpus, holding that it could not be used to relitigate issues that were essential to the petitioner's conviction and could have been raised on appeal. The court emphasized that habeas corpus is not a substitute for an appeal.
• Royal v. United States
  274 F.2d 846· 10th Cir.· 1960-01-19 ·cited 6×·via Habeas Corpus Proceedings
  The court held that the commitment of a mentally incompetent defendant charged with a federal offense is proper even if the insanity is permanent, and the trial court did not err in refusing to appoint a psychiatrist of the defendant's choice.
• United States ex rel. Emil Reck v. Ragen
  274 F.2d 250· 7th Cir.· 1960-01-13 ·cited 6×·via Habeas Corpus Petition
  The dissenting judge holds that the defendant's confessions were the product of psychological coercion and deprivation, violating his due process rights under the Fourteenth Amendment.
• United States ex rel. George H. Moore v. Martin
  273 F.2d 344· 2d Cir.· 1959-12-29 ·cited 6×
  The court held that a relator's constitutional rights were not violated by his conviction and sentence in Pennsylvania, even if he lacked counsel at sentencing, as no unfairness resulted.
• United States ex rel. v. Dowd
  271 F.2d 292· 7th Cir.· 1959-10-20 ·cited 6×
  The court held that the Indiana Habitual Criminal Act, as interpreted to impose life imprisonment for the status of being a habitual criminal, violates the Thirteenth Amendment.
• Green v. Secretary OF THE Navy and The Commanding General
  264 F.2d 63· 9th Cir.· 1959-02-17 ·cited 6×
  The appeal is dismissed as moot because the appellant has been discharged from the service and accepted civilian status.
• Lunce v. Dowd
  261 F.2d 351· 7th Cir.· 1958-12-03 ·cited 6×·via Habeas Corpus Petition
  The Seventh Circuit affirmed the district court's grant of habeas corpus, finding that the district court's determination that trial counsel was incompetent, leading to a denial of due process, was not clearly erroneous.
• C. C. (Dock) Bradley v. Smyth
  255 F.2d 45· 4th Cir.· 1958-04-25 ·cited 6×
  The court held that the district court did not err in admitting evidence to establish that the petitioner was represented by counsel, despite the absence of such notation in the state court record.
• James Harvey (alias Berkley McCargo) v. Smyth
  255 F.2d 21· 4th Cir.· 1958-04-25 ·cited 6×
  The court held that federal courts lack authority to grant a certificate of probable cause and dismiss the appeal when Supreme Court precedent dictates no federal intervention is permissible.
• The United States v. Kniess
  251 F.2d 669· 7th Cir.· 1958-01-17 ·cited 6×·via Writ Of Habeas Corpus
  Federal courts generally lack jurisdiction to inquire into the care, custody, and discipline of prisoners.
• United States v. Sigler
  250 F.2d 128· 5th Cir.· 1957-12-12 ·cited 6×
  The court held that the district court's dismissal of a habeas corpus petition without a response or hearing was improper and must be vacated.
• In re Cardwell
  256 F.2d 576· 9th Cir.· 1957-11-27 ·cited 6×·via Writ Of Habeas Corpus
  The court held that the sufficiency of an indictment cannot be challenged by a petition for habeas corpus unless no crime was charged on its face.
• United States ex rel. Sullivan v. Heinze
  250 F.2d 427· 9th Cir.· 1957-11-19 ·cited 6×
  The court denied the petition for a certificate of probable cause and the petition for a writ of habeas corpus.
• Devandlis Wiggins v. Ragen
  238 F.2d 309· 7th Cir.· 1956-10-25 ·cited 6×
  The court denied the petition for rehearing, reaffirming that while federal courts generally defer to state court decisions on constitutional rights, they must hold a hearing if the averments present unusual circumstances.
• Kaufman v. Wilkinson
  237 F.2d 519· 5th Cir.· 1956-10-16 ·cited 6×
  A district court cannot entertain a habeas corpus petition if the sentencing court has already denied relief on the same grounds, unless the remedy by motion is inadequate or ineffective.
• Bisson v. Brigadier General Francis E. Howard
  224 F.2d 586· 5th Cir.· 1955-06-30 ·cited 6×
  The court held that the appellant's claim of ineffective counsel was not supported by the record, and therefore, the military court's jurisdiction was not divested.
• Sisk v. Overlade
  220 F.2d 68· 7th Cir.· 1955-03-10 ·cited 6×
  The Fourteenth Amendment does not forbid the admission of evidence obtained by an unreasonable search and seizure in a state court prosecution.
• White v. Humphrey
  212 F.2d 503· 3d Cir.· 1954-04-22 ·cited 6×
  The court held that the law member's instructions, though minimal by later standards, complied with the governing court-martial law at the time of trial and did not deny the appellant due process.
• NG Yip Yee v. Barber
  210 F.2d 613· 9th Cir.· 1954-02-04 ·cited 6×·via Application For Writ Of Habeas Corpus
  The court held that the district court lacked jurisdiction to entertain a habeas corpus petition from an individual detained pending exclusion proceedings, as the individual had not exhausted administrative remedies.
• United States ex rel. Thompson v. DYE
  208 F.2d 565· 3d Cir.· 1953-12-16 ·cited 6×·via Habeas Corpus Petition
  The court held that a finding of fact is essential regarding whether the prosecutor was informed of potentially exculpatory testimony before trial.
• State ex rel. Shropshire v. Mayo
  68 So. 2d 393· Fla.· 1953-11-20 ·cited 6×·via Writ Of Habeas Corpus
  The Florida Supreme Court considered a report from a circuit judge regarding a prisoner's claim that he was under the influence of narcotics during his arraignment and plea. The court accepted the report, overruled the prisoner's exceptions, and discharged the writ of habeas corp
• Stillwell v. Looney
  207 F.2d 359· 10th Cir.· 1953-10-05 ·cited 6×·via Application For Writ Of Habeas Corpus
  The Federal Parole Board had jurisdiction to revoke the parole of a prisoner transferred to an institution designated by the Attorney General, as the amendment conferring this power was procedural.
• Hodges v. Mayo
  65 So. 2d 750· Fla.· 1953-06-02 ·cited 6×
  Willie Hodges, a life-sentenced habitual criminal, petitioned for relief from his conviction, arguing that the trial court failed to comply with statutory requirements for habitual criminal prosecution. The Florida Supreme Court found the life sentence improper because the requis
• Arakas v. Zimmerman
  200 F.2d 322· 3d Cir.· 1952-12-04 ·cited 6×
  The court held that due process does not require a hearing on an application for suspension of deportation when the decision to grant or deny such relief is discretionary and has been properly exercised by the Attorney General or the Board of Immigration Appeals.
• O'Connor v. Hunter
  192 F.2d 179· 10th Cir.· 1951-10-20 ·cited 6×·via Application For Writ Of Habeas Corpus
  The court held that good time earned under a military sentence, when confined in a civil institution, is computed at the statutory rate for civil institutions, not the military rate.
• Thomas v. Duffy
  191 F.2d 360· 9th Cir.· 1951-08-31 ·cited 6×
  The court certified probable cause for appeal and stayed the execution, finding substantial questions regarding the denial of habeas corpus relief based on alleged coerced confession.
• Ekberg v. McGEE
  191 F.2d 625· 9th Cir.· 1951-08-31 ·cited 6×
• United States ex rel. Rubio v. Jordan
  190 F.2d 573· 7th Cir.· 1951-07-24 ·cited 6×
  The court held that the petitioner's voluntary re-entry into the United States without a valid visa, despite a prior deportation, constituted an illegal entry, and the prior deportation proceedings were not so fundamentally flawed as to justify a collateral attack.
• Newagon v. Swope
  183 F.2d 340· 9th Cir.· 1950-07-17 ·cited 6×
  The voluntary absence of counsel at the return of a verdict does not deprive the court of jurisdiction and does not violate the Sixth Amendment.
• United States ex rel. DE George v. Jordan
  183 F.2d 768· 7th Cir.· 1950-07-10 ·cited 6×·via Application For Writ Of Habeas Corpus
  The court held that evading the payment of taxes on liquor, or conspiring to do so, does not constitute a crime involving moral turpitude under the Immigration Act of 1917, and therefore does not warrant deportation.