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 an evidentiary hearing on the voluntariness of the appellant's confession and on whether the failure to object to its admission constituted a deliberate bypass of state court procedures.
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442 F.2d 302·
9th Cir.·
1971-05-10
·cited 4×
The court held that the appellant's guilty plea was knowing and intelligent, and that the state trial judge's colloquy was sufficient under the law at the time.
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A defendant seeking habeas corpus relief is not entitled to further federal review simply by making conclusory allegations without showing entitlement.
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441 F.2d 620·
2d Cir.·
1971-04-14
·cited 4×
The court affirmed the denial of the habeas corpus petition, finding the appellant failed to prove reliance on a broken sentencing promise.
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440 F.2d 1074·
10th Cir.·
1971-04-13
·cited 4×
The court held that the petitioner's jurisdictional argument, based on O'Callahan v. Parker, was previously decided adversely and thus barred.
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440 F.2d 1283·
8th Cir.·
1971-04-06
·cited 4×
The court held that the defendant was not entitled to resentencing or credit for time served on a vacated prior conviction, and that the modification of his sentence did not violate his constitutional rights.
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439 F.2d 769·
10th Cir.·
1971-04-05
·cited 4×
The court held that the failure to immediately execute a mandatory release violator's warrant does not deprive the sentencing court of discretion regarding concurrent sentences or entitle the appellant to release.
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The court held that statements coerced during plea negotiations and a subsequent probation interview are involuntary and cannot be used for impeachment, even after Harris v. New York.
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Habeas corpus petition to set aside a guilty plea from 1965 is denied because Boykin v. Alabama, which requires disclosure of voluntary and understanding guilty pleas, does not apply retroactively to pre-1969 pleas.
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439 F.2d 400·
8th Cir.·
1971-03-17
·cited 4×
The appeal is dismissed as moot because the appellant is no longer confined and his conviction has been set aside.
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The court affirmed the District Court's denial of habeas corpus, finding confessions voluntary and procedural requirements met. The court also remanded a new statutory challenge for exhaustion of state remedies.
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The court held that the Parole Board had a sufficient basis to revoke parole and that the admission of evidence was proper.
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440 F.2d 259·
D.C. Cir.·
1971-02-10
·cited 4×
The court affirmed the grant of summary judgment because the patient's claims were frivolous, but criticized the procedural method used by the district court.
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437 F.2d 1199·
6th Cir.·
1971-01-25
·cited 4×
The court held that the district court erred in granting the petition for writ of habeas corpus, adhering to established Sixth Circuit precedent on the retroactivity of the Leary decision.
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The court held that the appellant failed to meet his burden of proving his guilty plea was not intelligent, and that the Boykin rule does not apply retroactively.
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435 F.2d 1273·
7th Cir.·
1970-12-28
·cited 4×
The court held that the district court erred in applying an overly narrow interpretation of 'religious training and belief' for conscientious objector status, requiring reversal.
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The court held that the erroneous transfer of a prisoner to federal custody, followed by his return to state custody, did not constitute a waiver of federal jurisdiction, especially when a detainer was in place and the prisoner ultimately benefited from the error.
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434 F.2d 240·
5th Cir.·
1970-11-04
·cited 4×
The court held that a guilty plea is not invalid solely because it resulted from plea bargaining, and the state court's findings were supported by ample basis.
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432 F.2d 55·
9th Cir.·
1970-09-28
·cited 4×
The court held that the district court must review the state court record to determine if the petitioner's constitutional rights were violated, especially regarding the admissibility of his confession.
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431 F.2d 70·
5th Cir.·
1970-09-09
·cited 4×
The court held that an in camera examination of evidence is adequate for discovery in this criminal case, and the rationale of Alderman v. United States does not apply.
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430 F.2d 1287·
10th Cir.·
1970-08-20
·cited 4×
The court held that the appellant knowingly and intelligently waived his rights and admitted to violations, and that the district court's findings were supported by the evidence.
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429 F.2d 485·
5th Cir.·
1970-07-22
·cited 4×
The court held that the district court correctly denied the petition for a writ of habeas corpus, affirming the denial.
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237 So. 2d 832·
Fla. 2d DCA·
1970-07-15
·cited 4×
The court held that petitioner is entitled to full appellate review of his conviction via habeas corpus due to procedural entanglements that deprived him of his direct appeal rights.
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Otis Wooden petitioned for habeas corpus relief, challenging his conviction and 30-year sentence for forcible rape. The court granted relief because Wooden's court-appointed counsel unconstitutionally refused to pursue a direct appeal after Wooden explicitly requested one, thereb
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A petition for writ of habeas corpus is not the proper method to challenge alleged errors that should have been raised in a motion under CrPR 1.850, unless specific criteria are met.
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The court held that the district court erred in denying a claim of perjured testimony because it was not previously adjudicated, but affirmed the denial of other claims, including ineffective assistance of counsel and refusal to instruct on lesser offenses.
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The court held that the District Court's dismissal of the habeas corpus petition was correct because the suppressed information was not material and the confession was admissible.
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425 F.2d 1076·
8th Cir.·
1970-05-13
·cited 4×
The court held that a state prisoner must exhaust available state remedies before seeking federal habeas corpus relief.
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426 F.2d 258·
5th Cir.·
1970-05-12
·cited 4×
The court held that the search was legal and the petitioner was not denied due process of law, affirming the district court's denial of habeas corpus relief.
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425 F.2d 1350·
3d Cir.·
1970-05-07
·cited 4×
The court held that the relator was not entitled to a second evidentiary hearing and that the parole board's actions did not violate constitutional rights.
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425 F.2d 181·
4th Cir.·
1970-04-28
·cited 4×
The court held that the trial counsel's performance was not so inadequate as to constitute a denial of the Sixth Amendment right to counsel.
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The court held that the district court's denial of habeas corpus relief was based on an inadequate factual basis and remanded for further proceedings.
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425 F.2d 89·
9th Cir.·
1970-04-20
·cited 4×
The court held that the petitioner's claims of due process violations were without merit and that dismissal of his habeas corpus petition was warranted.
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424 F.2d 665·
6th Cir.·
1970-04-15
·cited 4×
The court held that the district court erred by not examining the state court record or conducting an evidentiary hearing regarding claims of prejudicial publicity affecting the fairness of the trial.
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Charles Ray Arnold sought habeas corpus relief after his court-appointed attorney failed to file a timely appeal from his second-degree murder conviction. The Florida District Court of Appeal held that the failure of appointed counsel to perfect an appeal constitutes state action
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232 So. 2d 248·
Fla. 2d DCA·
1970-02-27
·cited 4×
The court held that the motion was insufficient under Rule 1.850, but the issue raised could be grounds for a habeas corpus petition.
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The court held that a warrantless search of an automobile conducted 32 hours after the arrest of its owner, when both the owner and the vehicle were in police custody and no forfeiture proceedings had been initiated, was unreasonable and violated the Fourth Amendment.
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422 F.2d 840·
5th Cir.·
1970-02-19
·cited 4×
Convictions by separate sovereigns for separate offenses do not constitute double jeopardy, and other claims lacked merit.
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The court held that the petitioner must first exhaust available state remedies under new post-conviction rules before seeking federal habeas corpus relief.
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422 F.2d 831·
7th Cir.·
1969-12-10
·cited 4×
A federal prisoner must first seek relief under 28 U.S.C. § 2255 in the sentencing court before filing a habeas corpus petition, unless the prisoner shows § 2255 would be inadequate or ineffective.
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The court held that a habeas corpus petition, while factually insufficient, should have been allowed to be amended if the petitioner could provide supporting facts.
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418 F.2d 915·
9th Cir.·
1969-11-20
·cited 4×
The court held that the Air Force's denial of conscientious objector status lacked a basis in fact, as the petitioner's beliefs met the Seeger test.
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The court held that the appellant failed to demonstrate a sufficient showing that he has been or will be denied a federal right, thus removal to federal court was improper.
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The court held that the district court erred in denying an evidentiary hearing and accepting the sheriff's testimony as sufficient proof of waiver of the right to counsel, given the inadequate state court record.
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415 F.2d 1136·
5th Cir.·
1969-09-18
·cited 4×
The court held that the district court's finding that the guilty plea was voluntary and entered with effective counsel was supported by the record.
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The court held that the petitioner was not denied due process and that his parole revocation was valid, affirming the district court's grant of summary judgment.
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415 F.2d 433·
5th Cir.·
1969-08-21
·cited 4×
The court held that the appellant's confession was voluntary and admissible, and that the delay in arraignment did not vitiate the confession.
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The court held that while the district court's reasoning for dismissal was incorrect, the dismissal of the habeas corpus petition is affirmed because the underlying extradition claims would be rejected on the merits.