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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365 F.2d 238·
9th Cir.·
1966-08-23
·cited 4×
A federal court cannot grant habeas corpus relief to a prisoner attacking a conviction if that prisoner is also in valid custody under a separate, independent conviction, even if the attacked conviction is void.
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The court held that the petitioner's confession, made voluntarily at a preliminary hearing where no plea was entered or required, was admissible and did not violate his constitutional rights.
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360 F.2d 545·
1st Cir.·
1966-05-12
·cited 4×
The court held that exceptional circumstances warranted retaining jurisdiction to allow the petitioner a realistic opportunity to pursue state remedies, despite the imminent expiration of his sentence.
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357 F.2d 433·
8th Cir.·
1966-03-18
·cited 4×
The appeal is dismissed as moot because the petitioner has been transferred from the custody of the respondent warden to a facility in another district and circuit.
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357 F.2d 809·
2d Cir.·
1966-03-15
·cited 4×
The court held that the record sufficiently demonstrated the defendant was represented by counsel at critical stages, and the trial court did not err in denying the habeas corpus petition without a hearing.
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357 F.2d 320·
6th Cir.·
1966-03-11
·cited 4×
The court held that denial of counsel in habeas corpus proceedings does not violate the Sixth Amendment, as habeas corpus is not a criminal proceeding.
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357 F.2d 87·
4th Cir.·
1966-02-11
·cited 4×
The court held that the case should be remanded to allow the petitioner an opportunity to amend his petition to raise a claim under Escobedo v. Illinois, as this issue was not presented or considered by the District Court.
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The court held that the adequacy of court-appointed counsel's representation at the time of the guilty plea requires further examination.
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355 F.2d 841·
D.C. Cir.·
1966-01-07
·cited 4×
The appeal is dismissed as moot because the petitioner has been released from the detention facility.
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The court held that the appellant was not deprived of effective assistance of counsel, as his attorney's advice was based on the prevailing Tennessee law at the time, and the guilty plea was voluntary and informed.
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355 F.2d 22·
9th Cir.·
1965-12-28
·cited 4×
The court held that a prisoner's transfer to a state hospital for treatment does not present a substantial federal question warranting habeas corpus relief, as the deprivation of liberty stems from the original conviction and sentence.
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353 F.2d 922·
2d Cir.·
1965-12-15
·cited 4×
The court held that Gagliano's illegal reentry as a stowaway within the ten-year period following his original deportable offense bars his request for discretionary relief under Section 244(a)(2).
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353 F.2d 731·
9th Cir.·
1965-12-02
·cited 4×
The court held that the appellant's petition for a writ of habeas corpus was prematurely presented.
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353 F.2d 696·
7th Cir.·
1965-11-24
·cited 4×
The court held that the sentencing court has exclusive jurisdiction under 28 U.S.C. § 2255, and a habeas corpus petition cannot be entertained if the § 2255 remedy is not inadequate or ineffective.
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The court held that the petitioner is entitled to a federal hearing, as the state's argument that a change in law necessitates a state hearing is without merit.
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351 F.2d 936·
10th Cir.·
1965-10-27
·cited 4×
The court held that the petitioner was entitled to credit for the period he was erroneously transferred to Leavenworth, as this constituted service of his sentence.
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Habeas corpus is not an available remedy when Section 2255 provides an adequate remedy, even if that remedy was previously erroneously denied.
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348 F.2d 900·
9th Cir.·
1965-07-28
·cited 4×
A state prisoner must exhaust available state remedies before seeking federal habeas corpus relief, even if incarcerated in another state under a correctional compact.
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The court held that the appellant's federal constitutional rights were not violated by the method of selecting the grand jury, even if it deviated from state statutory procedures.
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The court held that the district court should have granted a hearing on the appellant's allegations regarding the sentencing procedure and the effectiveness of counsel.
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347 F.2d 502·
4th Cir.·
1965-06-23
·cited 4×
The district judge erred in dismissing the habeas corpus petition without an evidentiary hearing or consideration of the state court record.
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346 F.2d 556·
8th Cir.·
1965-06-03
·cited 4×
The court held that the district court failed to make necessary findings of fact and conclusions of law regarding the appellant's constitutional claims.
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This case involves an appeal from a lower court's denial of a petition for a writ of habeas corpus, which was treated as a motion to vacate judgments of conviction. The appellate court affirmed the lower court's decision, finding no error.
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Gebhardt, a confessed murderer who agreed to testify against his co-defendant in exchange for immunity, challenged his detention as a material witness. The Florida appellate court held that his confinement was lawful because it resulted from his own agreement with the state, not
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The state court lacked jurisdiction to impose a life sentence under the recidivist statute because it failed to 'duly caution' the petitioner as required by the statute, rendering the life sentence void.
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A state court's conclusionary finding that a confession was voluntary is not an acceptable substitute for a federal habeas court's own findings of historic facts.
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Frank Gentry petitioned for habeas corpus relief, claiming he lacked counsel during his 1951 armed robbery trial. The Florida Supreme Court discharged the writ, holding that habeas corpus is not the proper remedy to challenge the accuracy of trial court records; instead, Gentry m
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339 F.2d 872·
2d Cir.·
1964-12-04
·cited 4×
The court held that the relator's detention as a material witness was lawful, his statements were voluntary, and their admission into evidence was proper, affirming the denial of his habeas corpus petition.
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339 F.2d 22·
4th Cir.·
1964-11-20
·cited 4×
The court held that the petitioner was adequately cautioned regarding the consequences of admitting prior convictions, thus satisfying due process requirements.
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The court held that the district court should inquire further into the petitioner's mental competency at the time of his guilty plea, despite prior habeas corpus denials, due to lingering doubts and relevant background facts.
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The Florida Second District Court of Appeal dismissed an application for leave to seek post-conviction relief, holding that such leave is not required under Criminal Procedure Rule 1, which provides a streamlined process for challenging convictions.
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333 F.2d 959·
6th Cir.·
1964-07-09
·cited 4×
The court held that the petitioner failed to prove any case warranting a writ of habeas corpus, as he received a fair trial and adequate representation.
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333 F.2d 374·
3d Cir.·
1964-06-17
·cited 4×
The court held that the district court correctly denied the appellant's petition for a writ of habeas corpus because the appellant had not exhausted his remedies in the sentencing court and the appellate court for that jurisdiction.
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335 F.2d 986·
D.C. Cir.·
1964-06-11
·cited 4×
The court held that the trial judge's denial of the appellant's petition for unconditional release was supported by substantial evidence and affirmed the judgment.
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The court held that the district court correctly denied the habeas corpus petition because the appellant failed to raise a federal question and habeas corpus is not a substitute for direct appeal.
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331 F.2d 597·
4th Cir.·
1964-04-27
·cited 4×
The court held that a petitioner who presented his claim to the state's highest court has exhausted state remedies, even if alternate procedures exist.
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331 F.2d 19·
6th Cir.·
1964-04-27
·cited 4×
The court held that the district court erred in relying on letters not in evidence to deny a continuance claim and vacated the judgment.
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The court held that the municipal ordinance was unconstitutionally vague and indefinite, affirming the trial court's decision to quash the conviction.
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329 F.2d 796·
6th Cir.·
1964-03-26
·cited 4×
The court held that a denial of a preliminary hearing and alleged police brutality do not constitute grounds for federal habeas corpus relief when they do not affect the validity of the conviction.
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158 So. 2d 513·
Fla.·
1963-12-11
·cited 4×
Minors detained at Florida state schools for children sought habeas corpus relief through their parents/next friends. The Florida Supreme Court denied the petition, finding that adequate relief was available through pending motions in the juvenile and appellate courts.
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Civil courts have very limited jurisdiction to review military court-martial proceedings, and only to determine if the court-martial had jurisdiction over the person and subject matter.
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The court held that the capital punishment laws of Tennessee are valid despite being enacted by a malapportioned legislature, due to the de facto doctrine and the principle of avoiding chaos.
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The Third District Court of Appeal of Florida adopted a rule waiving filing fees for notices of appeal from orders on motions for relief under Criminal Procedure Rule No. 1. This rule applies regardless of the appellant's financial status and aligns with fee waivers for habeas co
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155 So. 2d 730·
Fla. 2d DCA·
1963-08-16
·cited 4×
The Sheriff of Hillsborough County appeals an order discharging a prisoner from custody on habeas corpus grounds. The court reverses, holding that Wisconsin's extradition demand sufficiently complied with Florida's Uniform Interstate Extradition Act through authentication by refe
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A federal prisoner seeking to challenge a sentence must first utilize the remedy provided by 28 U.S.C. § 2255 in the sentencing court, and habeas corpus is only available if that remedy is shown to be inadequate or ineffective.
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151 So. 2d 635·
Fla. 2d DCA·
1963-04-05
·cited 4×
Petitioner Wittcop sought a writ of habeas corpus challenging his concurrent sentences imposed by the Circuit Court of Pinellas County. The appellate court dismissed the petition because Wittcop failed to exhaust his adequate remedy of filing a motion in the sentencing court unde
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The court held that the record was inadequate for review because the respondent failed to file a return to the writ of habeas corpus.
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317 F.2d 172·
D.C. Cir.·
1963-04-04
·cited 4×
A petition for a writ of habeas corpus cannot be summarily denied without requiring a return and holding a hearing.
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Peterson sought habeas corpus release from prison, challenging the validity of his conviction judgment. The Florida Supreme Court found the judgment ambiguous because it convicted him of "breaking and entering," a non-statutory offense, when he had pled guilty to the statutory cr
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301 F.2d 663·
4th Cir.·
1962-03-28
·cited 4×
The court held that the District Court in Virginia lacked jurisdiction to grant the writ of habeas corpus because all of the petitioner's contentions could have been raised under 28 U.S.C.A. § 2255.