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
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The court held that the district court erred in denying a habeas corpus petition without an evidentiary hearing on the issue of trial counsel's competency regarding the failure to secure alibi and impeachment witnesses.
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The court held that the automatic forfeiture of good time earned prior to parole revocation does not violate the Due Process Clause of the Fifth Amendment, even without a separate evidentiary hearing on the forfeiture.
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471 F.2d 767·
5th Cir.·
1972-12-27
·cited 4×
The court held that the federal district court erred in denying a habeas corpus petition without an evidentiary hearing, as the state courts had not adequately resolved the factual merits of the petitioner's claims regarding denial of counsel and a free transcript for appeal.
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472 F.2d 36·
3d Cir.·
1972-12-21
·cited 4×
The court held that a state prisoner does not have a federal constitutional right to be informed of the right to free counsel on appeal when the court is unaware of his indigency, and Pennsylvania did not violate due process by finding waiver of a state-conferred right.
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The court held that a state may constitutionally proscribe willful possession of marijuana and that a search incident to arrest conducted at the jail is permissible under the Fourth Amendment.
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470 F.2d 478·
5th Cir.·
1972-12-18
·cited 4×
The court held that while misdemeanor convictions obtained without counsel are invalid and cannot alone support probation revocation, the state court retains jurisdiction to reconsider probation revocation if the process was initiated within the probation period, even if the peri
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The court held that the district court did not err in denying the habeas corpus petition without a hearing or appointing counsel, as the state court record adequately demonstrated the legality of the search and seizure and the sufficiency of the evidence.
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The court held that a dismissal of a complaint without prejudice is not a final order and thus not appealable under 28 U.S.C. § 1291.
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The court held that the search of the matchbox was unconstitutional, rendering the discovery of marijuana the fruit of an illegal search.
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468 F.2d 1193·
3d Cir.·
1972-11-06
·cited 4×
The district court did not err in denying the habeas corpus petition without an evidentiary hearing, nor was the statute allowing magistrate review unconstitutional.
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The court held that the record lacked a basis in fact for the Navy's finding of insincerity and subsequent disapproval of the discharge application.
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465 F.2d 995·
5th Cir.·
1972-08-16
·cited 4×
The court vacated the district court's denial of habeas corpus and remanded for reconsideration.
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465 F.2d 1338·
5th Cir.·
1972-08-10
·cited 4×
A parolee supervised by a receiving state is considered 'in custody' for habeas corpus purposes under 28 U.S.C. § 2241, but jurisdiction may be declined on forum non conveniens grounds.
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464 F.2d 947·
3d Cir.·
1972-07-19
·cited 4×
The burden is on the habeas corpus petitioner to prove that a confession was used at trial, especially in old cases where evidence is scarce.
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The court held that the petitioner's contentions lacked merit and affirmed the dismissal of his habeas corpus petition.
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463 F.2d 1167·
6th Cir.·
1972-06-30
·cited 4×
A petitioner is entitled to an evidentiary hearing on claims of ineffective assistance of counsel if the allegations, if true, would establish a constitutional violation.
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The court held that the federal district court erred in dismissing the claim regarding the jury instruction on failure to testify for failure to exhaust state remedies, but that the instruction and any alleged prosecutorial comment were not constitutional violations or were harml
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A conviction is not invalidated by the fact that the defendant was brought within the court's jurisdiction by forcible abduction.
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263 So. 2d 207·
Fla.·
1972-06-07
·cited 4×
Dorman filed a habeas corpus petition challenging the constitutionality of his guilty plea to charges of sodomy with a child, alleging he was promised hospitalization rather than imprisonment if he pled guilty. The Florida Supreme Court granted relief and appointed a commissioner
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459 F.2d 284·
8th Cir.·
1972-05-12
·cited 4×
The court held that consecutive sentences must be aggregated to compute good time deductions, and good time credit is served as parole time after release.
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An affirmance of a state court conviction by an equally divided Supreme Court does not constitute an actual adjudication on the merits for the purposes of barring a federal habeas corpus petition.
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A counseled guilty plea entered under then-applicable law forecloses a collateral attack on that plea based on later pronouncements requiring counsel at juvenile certification proceedings.
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459 F.2d 76·
2d Cir.·
1972-04-24
·cited 4×
The court held that the district court's order should be vacated and the petitioner given an opportunity to amend his habeas corpus application.
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Florida state appellate court affirmed the extradition of Cocchiaro to New Jersey on a criminal contempt charge, holding that the circuit court properly limited habeas corpus review to narrow constitutional grounds and that the evidence satisfied all requirements for extradition.
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459 F.2d 475·
6th Cir.·
1972-04-13
·cited 4×
The court held that the appellant failed to exhaust his state court remedies regarding his claim of ineffective assistance of counsel and denial of appeal.
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456 F.2d 1245·
3d Cir.·
1972-02-16
·cited 4×
The court held that the defendant was deprived of the effective assistance of counsel under the circumstances.
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455 F.2d 456·
9th Cir.·
1972-02-15
·cited 4×
The district court correctly denied the habeas corpus petition because the state court proceedings were constitutionally sufficient and supported by the record.
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454 F.2d 694·
6th Cir.·
1972-02-08
·cited 4×
Federal habeas corpus relief may be granted without requiring exhaustion of state remedies if circumstances render the state corrective process ineffective.
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The order denying a petition for habeas corpus without prejudice to reapply after exhausting state remedies is affirmed.
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The court held that a habeas corpus petition is the proper vehicle to seek credit for time served pending appeal, and that the election to delay commencement of sentence was likely involuntary and requires an evidentiary hearing.
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453 F.2d 349·
9th Cir.·
1971-12-21
·cited 4×
The district court correctly followed the appellate mandate by only considering whether the promised recommendation was made, as issues implicitly decided on appeal cannot be reconsidered on remand.
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452 F.2d 752·
10th Cir.·
1971-12-20
·cited 4×
The court held that a state prisoner is not entitled to habeas corpus relief for lack of counsel at a preliminary hearing if the defect was waived by entering a plea without objection, and other claims were without merit.
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The court held that the record does not show an actual conflict of interest that denied the relator effective assistance of counsel, even though his attorney had previously represented a key witness in an unrelated matter.
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449 F.2d 344·
6th Cir.·
1971-10-21
·cited 4×
Conviction obtained without affording appointed counsel adequate time to prepare for trial violates due process and cannot stand.
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449 F.2d 317·
2d Cir.·
1971-09-24
·cited 4×
The court held that there was a basis in fact for the Army's decision denying the petitioner's conscientious objector status, and thus the petition for habeas corpus was properly dismissed.
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449 F.2d 162·
9th Cir.·
1971-09-23
·cited 4×
The court held that the Army's finding of insincerity lacked a basis in fact, requiring discharge for the conscientious objector. The denial of the habeas corpus petition was erroneous.
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447 F.2d 1356·
5th Cir.·
1971-09-09
·cited 4×
The court held that a state prisoner must exhaust available state remedies, including perfecting an appeal to the state supreme court, before seeking federal habeas corpus relief.
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448 F.2d 741·
2d Cir.·
1971-09-03
·cited 4×
The court held that a federal habeas corpus petition must be dismissed if any of the claims presented have not been exhausted in state courts, even if others have been.
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447 F.2d 983·
5th Cir.·
1971-09-02
·cited 4×
The court held that a prisoner's allegations of an involuntary guilty plea due to ignorance of charges and consequences, if true, are grounds for habeas corpus relief.
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The court affirmed the dismissal of the habeas corpus petition, finding that the petitioner's claims were either waived by guilty pleas or had been adequately addressed in prior proceedings.
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446 F.2d 1357·
5th Cir.·
1971-08-16
·cited 4×
A voluntary guilty plea negates claims of ineffective assistance of counsel regarding the death penalty or failure to advise of appellate rights, absent specific prejudice.
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446 F.2d 61·
6th Cir.·
1971-08-13
·cited 4×
A guilty plea entered by a counseled defendant after a coerced confession is not invalid if the coercion's impact has dissipated and the plea was otherwise voluntary.
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The court held that comity does not preclude a remand for a hearing on all grounds for relief in a habeas corpus petition, even if not all issues were fully exhausted in state court, when one claim has significant merit.
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The court held that the affidavit accompanying the extradition demand was sufficient to establish probable cause for the burglary charge and the accused's involvement.
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The court held that the failure of court-appointed counsel to advise the appellant of his appellate rights and to act to preserve those rights constituted an effective denial of constitutionally protected rights.
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445 F.2d 837·
5th Cir.·
1971-06-29
·cited 4×
The court held that the district court did not err in denying the state prisoner's petition for a writ of habeas corpus.
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The court held that the state courts did not err in finding the confession voluntary and that the federal standard for confession admissibility was met.
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The court affirmed the district court's denial of the petition for a writ of habeas corpus and removal of the criminal prosecution.
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The court held that the rule established in Boykin v. Alabama should not be applied retroactively to arraignments that occurred prior to its decision.
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446 F.2d 1079·
2d Cir.·
1971-05-20
·cited 4×
The court held that a college's letter stating a registrant was enrolled full-time should be considered prima facie evidence, not conclusive proof, of meeting requirements for a I-S(C) deferment.