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

• White v. State OF Ala.
  541 F.2d 1092· 5th Cir.· 1976-11-04 ·cited 4×·via Habeas Corpus Petition
  The court affirmed the denial of habeas relief regarding the lineup but vacated and remanded regarding the pretextual arrest claim.
• Gardner v. Bertram Griggs
  541 F.2d 851· 9th Cir.· 1976-09-09 ·cited 4×
  The court held that the petitioner failed to allege facts entitling him to relief on claims of ineffective assistance of counsel and double jeopardy.
• United States ex rel. Calvin Cannon v. Johnson
  536 F.2d 1013· 3d Cir.· 1976-06-22 ·cited 4×·via Habeas Corpus Petition
• Austin v. Wyrick
  535 F.2d 443· 8th Cir.· 1976-05-06 ·cited 4×·via Habeas Corpus Petition
  The court held that the prosecution's suppression of material exculpatory evidence favorable to the accused violated due process.
• Carr X. Johnson v. Havener
  534 F.2d 1232· 6th Cir.· 1976-04-30 ·cited 4×·via Habeas Corpus Petition
  The court held that the district court correctly denied the habeas corpus petition based on the state court record, finding the confession voluntary and the issues presented to the district court were properly addressed.
• Stevens v. Honorable Max Wilson
  534 F.2d 867· 10th Cir.· 1976-03-18 ·cited 4×·via Habeas Corpus Petition
  The concurring judge agrees with the result but expresses views on the application of Terry v. Ohio and the admissibility of confessions following illegal arrests.
• Sellers v. Ciccone
  530 F.2d 199· 8th Cir.· 1976-02-12 ·cited 4×·via Habeas Corpus Petition
  The court held that the prison's policy requiring inmates to be within ten years of their release date to be eligible for the x-ray technician training program was not arbitrary or capricious.
• Huffman v. State OF Mo.
  527 F.2d 899· 8th Cir.· 1976-01-21 ·cited 4×·via Habeas Corpus Petition
  The court held that the petitioner's guilty plea was not rendered unintelligent by ineffective assistance of counsel, as counsel's investigation and advice were constitutionally adequate.
• Logan v. Capps
  525 F.2d 937· 5th Cir.· 1976-01-12 ·cited 4×·via Habeas Corpus Petition
  The court held that the district court erred in denying habeas corpus relief without a full development of facts regarding whether the confession was a product of illegal detention.
• United States ex rel. Alton Cannon v. Smith
  527 F.2d 702· 2d Cir.· 1975-12-18 ·cited 4×
  The court held that the district court did not err in granting the writ of habeas corpus based on a constitutionally tainted lineup identification, affirming the order for a new trial or release.
• Isiah Bennett v. State OF Miss.
  523 F.2d 802· 5th Cir.· 1975-11-17 ·cited 4×·via Habeas Corpus Petition
  A handwritten note sent by an indigent, unrepresented prisoner to the clerk of court within the time for appeal, requesting records and referencing federal law on transcripts for indigents, is sufficient notice to the state that the prisoner desires to appeal and requires the sta
• Talbot v. Schlesinger
  527 F.2d 607· 4th Cir.· 1975-10-02 ·cited 4×·via Writ Of Habeas Corpus
  The appeal is moot because the petitioner has been reassigned to duties that substantially fulfill his alleged contractual understandings.
• Howard v. Henderson
  519 F.2d 1176· 5th Cir.· 1975-09-29 ·cited 4×
  The court held that the petitioner's retained counsel's assistance was not constitutionally ineffective, as it fell within the range of competence demanded of attorneys in criminal cases.
• Martin v. State OF Ind.
  521 F.2d 682· 7th Cir.· 1975-08-28 ·cited 4×
  The court held that the district court erred in denying the habeas corpus petition by deeming the constitutional issue moot, and that a remand is necessary for further factual determination.
• United States ex rel. Nicholas Abate v. Malcolm
  522 F.2d 826· 2d Cir.· 1975-08-25 ·cited 4×
  The federal court vacated its stay and remanded to the District Court to dismiss the petition as moot because the state court subsequently granted the petitioner bail pending appeal.
• Fann v. Havener
  516 F.2d 887· 6th Cir.· 1975-05-23 ·cited 4×
  The court affirmed the dismissal of the habeas petition regarding the preindictment identification procedure but vacated and remanded the portion concerning exhaustion of state remedies.
• Palmer v. State
  312 So. 2d 476· Fla. 4th DCA· 1975-05-16 ·cited 4×
  Palmer appealed the denial of his habeas corpus petition challenging his extradition to Pennsylvania. The court held that Pennsylvania's extradition papers were deficient because they lacked proper signatures and authentication, and reversed the trial court's decision denying hab
• Turnbow v. Estelle
  510 F.2d 127· 5th Cir.· 1975-03-24 ·cited 4×·via Habeas Corpus Petition
  The court held that the absence of counsel at sentencing violated the defendant's Sixth Amendment right to counsel, and the appropriate remedy is to grant credit for time served pending trial.
• Danney F. MacKey v. State
  310 So. 2d 312· Fla. 1st DCA· 1975-03-20 ·cited 4×
  The court upheld the denial of a habeas corpus petition where the defendant claimed he had completed his jail sentence and should have been released with credit for gain time earned. The court found that the trial judge had properly calculated the sentence to account for gain tim
• Clark v. Lockhart
  512 F.2d 235· 8th Cir.· 1975-03-18 ·cited 4×
  The court held that an instruction on parole eligibility, while improper, did not violate due process in this habeas corpus case. It also held that deposition testimony was permissible in the habeas proceeding.
• Polanco v. Estelle
  507 F.2d 81· 5th Cir.· 1975-01-22 ·cited 4×·via Writ Of Habeas Corpus
  The court held that police surveillance independently corroborated the informant's tip, establishing probable cause for the search warrant, even if the affidavit was insufficient regarding the informant's reliability.
• Collier v. Estelle
  506 F.2d 22· 5th Cir.· 1975-01-09 ·cited 4×
  The court held that the district court's finding that the petitioner knowingly and intelligently waived his right to appeal was not clearly erroneous and affirmed that finding.
• Hiram B. Bailey v. State OF Ala.
  505 F.2d 1024· 5th Cir.· 1975-01-06 ·cited 4×·via Habeas Corpus Petition
  The court held that the lower court erred in denying habeas relief without an evidentiary hearing on the issue of intentional bypass.
• Dep't of Health & Rehabilitative Servs. v. Owens
  305 So. 2d 314· Fla. 1st DCA· 1974-12-31 ·cited 4×·via Writ Of Habeas Corpus
  The Florida District Court of Appeal reversed eight consolidated orders of involuntary admission to the Division of Retardation, holding that trial courts lack statutory authority to prescribe specific treatment, place conditions on admission, or supervise the care of involuntari
• Johnson v. Wyrick
  508 F.2d 123· 8th Cir.· 1974-12-05 ·cited 4×
  The court affirmed the district court's denial of the habeas corpus petition, finding that the petitioner had not exhausted state remedies for one claim and that other claims were properly rejected.
• LaPLANTE v. Wolff
  505 F.2d 780· 8th Cir.· 1974-11-08 ·cited 4×
  The court held that the petitioner knowingly and intelligently waived his right to counsel in his 1960 conviction, and therefore, his petition for a writ of habeas corpus was properly denied.
• Hora v. State OF La.
  495 F.2d 1248· 5th Cir.· 1974-06-12 ·cited 4×·via Habeas Corpus Petition
  The court held that the district court erred in denying the habeas corpus petition without a full inquiry into the circumstances surrounding the guilty pleas.
• Pressley v. Louie L. Wainwright
  493 F.2d 894· 5th Cir.· 1974-05-10 ·cited 4×
  The court held that the federal district court correctly denied the writ of habeas corpus because the petitioner failed to exhaust his state remedies.
• Hayward v. Stone
  496 F.2d 844· 9th Cir.· 1974-05-09 ·cited 4×
  The court held that an application to recall the remittitur, when used appropriately to raise a federal claim, can satisfy the exhaustion requirement for federal habeas corpus petitions.
• LePAGE v. Picard
  495 F.2d 26· 1st Cir.· 1974-04-18 ·cited 4×·via Habeas Corpus Petition
  The district court correctly applied the "convincing evidence" standard under 28 U.S.C. § 2254(d) and was not obligated to hold a mandatory habeas corpus hearing, as there was no reason to suspect an incorrect constitutional standard was applied by the state court.
• Donnie Lynn Swanson v. Estelle
  492 F.2d 115· 5th Cir.· 1974-04-04 ·cited 4×
• DeGAGLIA v. Stack
  490 F.2d 472· 5th Cir.· 1974-03-06 ·cited 4×
  The court held that the state judge's comment about giving 'great weight' to the state's recommendation did not render the nolo contendere plea involuntary, and the claim regarding the maximum sentence was not exhausted in state courts.
• Cole v. Clements
  494 F.2d 141· 10th Cir.· 1974-03-06 ·cited 4×·via Habeas Corpus Petition
  The court held that the Air Force substantially complied with its regulations and due process requirements when denying the conscientious objector discharge application, and that there was a basis in fact for the denial.
• Green v. Estelle
  488 F.2d 918· 5th Cir.· 1973-12-17 ·cited 4×·via Habeas Corpus Petition
  The court held that the state's failure to produce a defense witness, who was incarcerated, did not violate the defendant's constitutional right to compulsory process, nor did the attorney's alleged errors constitute ineffective assistance of counsel.
• Glick v. Erickson
  488 F.2d 182· 8th Cir.· 1973-12-11 ·cited 4×·via Habeas Corpus Petition
  The court held that the 'stop and frisk' search of Glick was justified under the Fourth Amendment, and his petition for habeas corpus relief was without merit.
• Brown v. Yeldell
  487 F.2d 1210· D.C. Cir.· 1973-11-29 ·cited 4×·via Writ Of Habeas Corpus
  The court held that appellants' constitutional claims were unavailing because their commitments had lapsed and they suffered no present harm cognizable by a writ of habeas corpus.
• Lamberti v. Louie L. Wainwright
  284 So. 2d 202· Fla.· 1973-10-10 ·cited 4×·via Writ Of Habeas Corpus
  The Court held that it will not reconsider issues already determined by another appellate court in a habeas corpus proceeding.
• Lyden v. State
  281 So. 2d 591· Fla. 2d DCA· 1973-08-24 ·cited 4×·via Habeas Corpus Petition
  Lyden moved to dismiss his own appeal on the ground that he needed to exhaust state remedies before pursuing federal habeas corpus relief. The Florida appellate court denied the motion, holding that appellate courts have no more right to grant such motions than trial courts have
• Stidham v. Wingo
  482 F.2d 817· 6th Cir.· 1973-08-14 ·cited 4×·via Habeas Corpus Petition
  The court held that the petitioner failed to meet his burden of proving a violation of his constitutional rights regarding ineffective assistance of counsel and other claims.
• Tucker v. Park J. Anderson
  483 F.2d 423· 10th Cir.· 1973-07-23 ·cited 4×
  The court held that the record did not plainly show an intelligent and understanding waiver of the right to counsel, and the federal court erred in denying an evidentiary hearing.
• Orito v. Sanger Powers
  479 F.2d 435· 7th Cir.· 1973-05-25 ·cited 4×
  The court held that the district court had jurisdiction to issue a writ of habeas corpus for a prisoner confined outside its territorial jurisdiction, and that the publication in question was not obscene as a matter of law under the First Amendment.
• Burston v. Caldwell
  477 F.2d 996· 5th Cir.· 1973-05-14 ·cited 4×·via Habeas Corpus Petition
  The court held that the district court erred in dismissing the federal habeas petition without holding an evidentiary hearing or obtaining the original trial transcript.
• Lieutenant Junior Grade Monroe G. Piland III v. Captain G. V. Eidson
  477 F.2d 1148· 9th Cir.· 1973-04-18 ·cited 4×
  The court held that a military member seeking to challenge the denial of conscientious objector status is considered in custody within the judicial district of their last duty station for the purpose of habeas corpus jurisdiction, even if under orders to transfer.
• McCRAVY v. Moore
  476 F.2d 281· 6th Cir.· 1973-04-03 ·cited 4×·via Writ Of Habeas Corpus
  A joint occupant of premises, such as a wife, has the authority to consent to a search of those premises, and such consent does not violate the Fourth Amendment rights of another joint occupant.
• Jackson v. Robinson
  476 F.2d 539· D.C. Cir.· 1973-03-20 ·cited 4×·via Habeas Corpus Petition
  The court denied the patient's motion for a stay of his appeal, but ultimately granted his motion to withdraw the appeal after he received conditional release.
• Elvin Emmett Moore v. Park J. Anderson
  474 F.2d 1118· 10th Cir.· 1973-03-16 ·cited 4×
  The court held that the written plea form and accompanying questions were sufficient to establish a voluntary and knowing plea, even without a full transcript of oral advisement.
• Neville P. Matthews v. Wingo
  474 F.2d 1266· 6th Cir.· 1973-03-01 ·cited 4×·via Habeas Corpus Petition
  The court held that a second federal habeas corpus petition raising issues already decided on the merits in a prior petition can be denied, and that conclusory allegations of ineffective assistance of counsel are insufficient to require an evidentiary hearing.
• Major William L. Muller, Jr. v. Melvin Laird as Secretary of Defense
  474 F.2d 999· 5th Cir.· 1973-01-31 ·cited 4×
  The court held that the district court had jurisdiction to hear the habeas corpus petition because the petitioner remained under the effective custody of the Fifth United States Army.
• Wimberley v. Laird
  472 F.2d 923· 7th Cir.· 1973-01-26 ·cited 4×·via Habeas Corpus Petition
  The court held that the military tribunal had jurisdiction to try the petitioner for murder committed in Germany, and that his appointed counsel provided effective assistance.
• Kinnard Copeland v. Beto
  471 F.2d 710· 5th Cir.· 1973-01-16 ·cited 4×·via Habeas Corpus Petition
  The court held that a defendant's constitutional right to appellate counsel is not violated if the state lacks knowledge of indigency and a desire to appeal.