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
-
413 F.2d 760·
4th Cir.·
1969-07-29
·cited 4×
The court held that a state prisoner's habeas corpus petition should not have been dismissed without a hearing on all claims, particularly the Fourth Amendment search issue, as state remedies were exhausted and the facts required further development.
-
A federal court has habeas corpus jurisdiction to hear a challenge to fully served sentences that delay the service of subsequent sentences, even if immediate release is not warranted.
-
413 F.2d 1049·
8th Cir.·
1969-06-30
·cited 4×
The court affirmed the dismissal of the habeas corpus petition, finding no entitlement to relief.
-
Federal intervention is not warranted when a state court has scheduled a hearing for a habeas corpus petition, even if there has been prior delay.
-
The court held that a conflict of interest arising from counsel also acting as a justice of the peace signing arrest warrants requires a hearing on the issue of waiver. It also held that the claim of inadequate communication between attorney and client before trial must be consid
-
The court held that allegations of abduction by the asylum state are insufficient to challenge its jurisdiction, and Nevada retained jurisdiction over the appellant.
-
The court held that the federal district court should dismiss the habeas corpus petition without prejudice for failure to exhaust state remedies.
-
408 F.2d 523·
8th Cir.·
1969-03-19
·cited 4×
A federal district court lacks jurisdiction to issue a writ of habeas corpus ad subjiciendum if the petitioner is not physically within that court's territorial jurisdiction, even if present under a writ of habeas corpus ad prosequendum.
-
408 F.2d 779·
7th Cir.·
1969-03-07
·cited 4×
Voluntary statements made by an accused in the absence of counsel are not automatically suppressed if the accused voluntarily chooses to speak.
-
The court affirmed the district court's denial of the petition for habeas corpus.
-
Julius Bernard Williams sought habeas corpus relief after his court-appointed counsel withdrew from his appeal without adequate notice to him. The Florida Supreme Court found that Williams was not properly notified of the withdrawal until after the deadline to file assignments of
-
The court held that the petitioner waived his right to challenge the admission of hearsay evidence by failing to move to strike it after conditional admission, and that the statutory definition of a sexually dangerous person and the equal protection claims lacked merit.
-
404 F.2d 1138·
9th Cir.·
1968-12-12
·cited 4×
-
The court held that the district court properly denied the habeas corpus petition, as the claims regarding line-ups were not retroactive and the abandonment of appeal claim lacked credibility.
-
The court affirmed the denial of the habeas corpus petition, finding no denial of federally-protected rights in the state proceedings.
-
A defendant's subjective belief of systemic racial discrimination is insufficient to invalidate a guilty plea without objective evidence supporting that belief.
-
403 F.2d 52·
9th Cir.·
1968-11-13
·cited 4×
The court held that a defendant's sentence had not commenced and the trial court could correct a clerical error in the degree of the offense nunc pro tunc without violating double jeopardy protections.
-
The court held that a pending postconviction proceeding under Rule 1.850 is the appropriate avenue to determine claims regarding denial of counsel on appeal.
-
398 F.2d 822·
7th Cir.·
1968-07-31
·cited 4×
The court held that the petitioner made a competent waiver of counsel and a knowing, intelligent guilty plea, and the burden was on him to prove otherwise.
-
-
The court held that the district court erred in denying the habeas corpus petition without an evidentiary hearing, as the petitioner raised new grounds regarding ineffective assistance of appellate counsel.
-
397 F.2d 267·
3d Cir.·
1968-06-27
·cited 4×
The court held that a federal court must determine if state remedies are exhausted before dismissing a habeas corpus petition without a hearing, especially when allegations of coerced confession and involuntary plea are raised.
-
396 F.2d 445·
3d Cir.·
1968-06-06
·cited 4×
The court affirmed the denial of the habeas corpus petition because the appellant had not exhausted available state remedies.
-
The court held that the district court did not err in dismissing the habeas corpus petition without a hearing, as the state court's determination of voluntariness was adequately supported by the record and federal standards.
-
391 F.2d 915·
9th Cir.·
1968-04-26
·cited 4×
The court held that a guilty plea induced by threats of introducing illegally obtained evidence or habitual criminal charges may be attacked via habeas corpus.
-
The appeal is dismissed as moot because the underlying issues have been resolved by subsequent events and the appellant's potential prejudice is speculative.
-
208 So. 2d 666·
Fla. 2d DCA·
1968-04-05
·cited 4×
The court held that the petitioner had received a full and complete review equivalent to a direct appeal and found no reversible error, thus discharging the writ of habeas corpus.
-
The court held that the district court did not abuse its discretion in refusing to appoint counsel for the indigent state prisoner in his habeas corpus proceeding.
-
The court held that the admission of evidence obtained via interrogatories, even if constitutionally impermissible, was harmless error because the other evidence of guilt was overwhelming and undisputed, and thus did not contribute to the verdict.
-
The court held that the petitioner established a prima facie case of systematic exclusion of Negroes from jury service due to racial discrimination in the jury selection process.
-
389 F.2d 55·
8th Cir.·
1968-02-05
·cited 4×
A federal court must grant an evidentiary hearing on a habeas corpus petition if the merits of the factual dispute were not resolved in the state hearing.
-
388 F.2d 682·
5th Cir.·
1968-01-23
·cited 4×
The appeals are dismissed as moot because both appellants were released from military custody before the hearing.
-
The court held that the district court erred in denying a habeas corpus petition without a hearing, as one of the allegations regarding the denial of the right to appeal required factual determination.
-
387 F.2d 176·
5th Cir.·
1968-01-03
·cited 4×
A conviction based on an involuntary plea, including one entered through ignorance or inadvertence, is invalid as a denial of due process.
-
387 F.2d 324·
3d Cir.·
1967-12-28
·cited 4×
The Court of Appeals lacked jurisdiction to entertain the appeal because the notice of appeal and application for a certificate of probable cause were not filed within the 30-day statutory period.
-
The court held that the district court correctly denied the writ of habeas corpus as the appellant's claims did not raise constitutional questions or were not cognizable in habeas corpus.
-
383 F.2d 421·
3d Cir.·
1967-09-20
·cited 4×
The court affirmed the denial of the habeas corpus petition, holding that Almeida's due process rights were not violated by the indictment process, the application of law, or the denial of equal protection, and that his retrial was not barred by double jeopardy.
-
202 So. 2d 1·
Fla. 1st DCA·
1967-08-31
·cited 4×
Evie Jean Nix petitioned for habeas corpus seeking bail after being denied bail pending retrial following a mistrial in a first-degree murder case. The Florida District Court of Appeal held that the circumstantial evidence of guilt did not meet the constitutional standard require
-
382 F.2d 777·
5th Cir.·
1967-07-25
·cited 4×
The court held that the district court erred in denying habeas corpus relief without determining factual issues regarding the dismissal of the appeal and potential trial perjury.
-
379 F.2d 934·
5th Cir.·
1967-06-23
·cited 4×
The court held that the trial court erred by not resolving the petitioner's claim that he could not have committed burglaries on January 9, 1954, because he was incarcerated on that date.
-
373 F.2d 524·
5th Cir.·
1967-02-27
·cited 4×
A prisoner's transfer during an appeal of a habeas corpus denial does not divest the appellate court of jurisdiction.
-
372 F.2d 472·
10th Cir.·
1967-02-14
·cited 4×
The court held that the appellant waived his right to a preliminary hearing by pleading not guilty and proceeding to trial, and that his assertion of a missing judgment and sentence record was without merit.
-
A guilty plea is intelligent and informed even if induced by the threat of a severe penalty, provided the defendant was aware of the facts and potential consequences and was represented by competent counsel.
-
378 F.2d 344·
10th Cir.·
1967-02-13
·cited 4×
The federal district court did not err in dismissing the habeas corpus petition because the appellant failed to overcome the presumption of correctness afforded to the state court's factual determination regarding the confession.
-
The court held that the appellant's guilty plea was voluntary and he received adequate representation from his court-appointed counsel.
-
371 F.2d 111·
5th Cir.·
1967-01-06
·cited 4×
The failure to object to a search warrant affidavit, which was valid under then-existing state law but later invalidated by Supreme Court precedent, does not bar a habeas corpus petition if the conviction was not final when the new precedent was decided.
-
370 F.2d 101·
10th Cir.·
1966-12-16
·cited 4×
The court held that transferring a criminally insane individual to the state penitentiary for safekeeping does not violate due process, and that the individual has not exhausted state remedies for challenging his confinement.
-
368 F.2d 183·
8th Cir.·
1966-11-09
·cited 4×
A federal prisoner must exhaust remedies under 28 U.S.C.A. § 2255 in the sentencing court before seeking habeas corpus relief, unless inadequacy of § 2255 is demonstrated.
-
366 F.2d 753·
10th Cir.·
1966-09-22
·cited 4×
The court held that a prisoner waives the right to prior notice of the invocation of the Kansas Habitual Criminal Act if they have a full opportunity to be heard and controvert prior convictions but do not avail themselves of it.
-
The dissenting judge believes the trial court correctly applied the law and the record, and that the appellate court should affirm the lower court's decision.