Petition For Writ Of Habeas Corpus

7,512 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

• Jordan v. United States
  526 F.2d 349· 5th Cir.· 1976-01-22 ·cited 2×·via Habeas Corpus Petition
  The court affirmed the denial of the petition to vacate a prior conviction, finding the proper venue to challenge a sentence enhanced by an invalid conviction is the court currently imposing the sentence.
• Lowell W. Lewis & Ivie D. Griffen. In re the Guardianship OF Cheryl Lynn Lewis. Linda Sue Lewis v. Godwin
  323 So. 2d 14· Fla. 1st DCA· 1975-12-04 ·cited 2×
  The court held that a circuit court lacks authority to appoint a guardian without a verified petition being filed as required by statute.
• Spratley v. Paderick
  528 F.2d 733· 4th Cir.· 1975-11-25 ·cited 2×
  The court held that the petitioner established a prima facie case of racial discrimination in jury selection, but the state must have an opportunity to rebut this showing.
• United States ex rel. Willie Watson v. Housewright
  528 F.2d 259· 7th Cir.· 1975-11-25 ·cited 2×·via Habeas Corpus Petition
  The court held that the district court correctly applied retroactivity standards to deny relief for convictions predating the Supreme Court's sex-based equal protection rulings and correctly upheld a conviction occurring after the statutory amendment.
• Blackwell v. Parratt
  526 F.2d 1142· 8th Cir.· 1975-11-25 ·cited 2×·via Writ Of Habeas Corpus
  The court affirmed the district court's grant of habeas corpus, finding the prisoner was not competent to stand trial.
• Darl J. Sheely v. Whealon
  525 F.2d 713· 6th Cir.· 1975-11-18 ·cited 2×
  The Sixth Amendment right to counsel was violated when an uncounselled guilty plea, entered at a critical stage of the proceedings, was admitted into evidence at trial.
• Efthimois Narlidis v. Omer G. Sewell
  524 F.2d 371· 9th Cir.· 1975-10-22 ·cited 2×
  The court held that a Greek naval deserter could be surrendered to Greek authorities under a 1902 treaty, and that claims for asylum or status as a spouse of a US citizen were not grounds to prevent surrender.
• Velleca v. Superintendent, M.C.I., Walpole
  523 F.2d 1040· 1st Cir.· 1975-10-16 ·cited 2×
  The court held that a district court can properly reaffirm a dismissal of a habeas corpus petition without an evidentiary hearing, even if a magistrate recommended dismissal, and can rely on a state court's detailed opinion when the state proceedings were full and fair.
• Fields v. State OF Alaska & William Huston
  524 F.2d 259· 9th Cir.· 1975-10-14 ·cited 2×
  The court held that the non-disclosure of other fingerprints did not violate due process because the evidence was not material or exculpatory.
• Thacker v. Garrison
  527 F.2d 1006· 4th Cir.· 1975-10-06 ·cited 2×·via Habeas Corpus Petition
  The court held that the petitioner was not entitled to double credit for time served on a vacated sentence, as the state had already adjusted his commitment to provide credit.
• Gray v. Warden OF the Mont. State Prison
  523 F.2d 989· 9th Cir.· 1975-09-25 ·cited 2×
  The court held that the Montana state court had jurisdiction to sentence the petitioner and that his claim of unconstitutional denial of bail lacked federal merit.
• Degolyer v. Louie L. Wainwright
  318 So. 2d 518· Fla. 1st DCA· 1975-09-09 ·cited 2×·via Writ Of Habeas Corpus
• Price v. Perini
  520 F.2d 807· 6th Cir.· 1975-07-25 ·cited 2×
  The court held that late substitution of counsel is not per se a denial of effective assistance of counsel.
• United States ex rel. Nancy Rosner v. Warden, Sing Sing Prison, Ossining, New York
  520 F.2d 1206· 2d Cir.· 1975-07-24 ·cited 2×
  Misinformation about a statutory minimum sentence is as significant to a defendant's decision to plead guilty as misinformation about a maximum sentence.
• United States ex rel. Jeffrey Foster v. Schlesinger
  520 F.2d 751· 2d Cir.· 1975-07-21 ·cited 2×
  The court held that there was no basis in fact to support the Navy's finding that Foster's conscientious objection had crystallized prior to his enlistment, and that his moral and ethical beliefs, even if crystallized pre-enlistment, would not have qualified him for conscientious
• Hilleary v. Wallace
  519 F.2d 786· 4th Cir.· 1975-07-09 ·cited 2×·via Habeas Corpus Petition
  The court held that the warrantless search of the automobile and the admission of identification testimony were constitutional.
• State of Fla. ex rel. William Shapiro v. Sandstrom
  313 So. 2d 134· Fla. 3d DCA· 1975-05-20 ·cited 2×
  William Shapiro appealed the discharge of his habeas corpus petition challenging his detention without bond on first-degree murder charges. The trial court found sufficient evidence that the proof was evident and the presumption great of his guilt, and denied bail. The appellate
• Gregorio Sanchez Torres v. Delgado
  510 F.2d 1182· 1st Cir.· 1975-02-10 ·cited 2×·via Habeas Corpus Petition
  The court held that Puerto Rico, like the states, has the authority to permit less-than-unanimous jury verdicts in felony cases.
• DeCHAMPLAIN v. Col. Hewitt E. Lovelace, Jr.
  510 F.2d 419· 8th Cir.· 1975-02-03 ·cited 2×·via Habeas Corpus Petition
  The court held that the Uniform Code of Military Justice (UCMJ) procedures for pretrial confinement violate due process by not providing a neutral decision-maker, a hearing, or placing the burden of proof on the government.
• Finklea v. Estelle
  506 F.2d 438· 5th Cir.· 1975-01-13 ·cited 2×·via Habeas Corpus Petition
  The court held that the petitioner's claims of suppressed evidence and ineffective assistance of counsel presented factual disputes requiring an evidentiary hearing.
• Collins v. Green
  505 F.2d 22· 5th Cir.· 1974-12-09 ·cited 2×·via Habeas Corpus Petition
  The court held that the petitioner failed to present convincing evidence to rebut the presumption of correctness of the state court's factual determination that his guilty plea was voluntarily and knowingly entered with competent counsel.
• Ludlum v. Resor
  507 F.2d 398· 1st Cir.· 1974-11-27 ·cited 2×·via Habeas Corpus Petition
  A district court may, in its discretion, require a petitioner to exhaust available administrative remedies, such as applying to the Army Board for Correction of Military Records, before proceeding with a habeas corpus petition.
• Cardenas v. Pitchess
  506 F.2d 1224· 9th Cir.· 1974-11-26 ·cited 2×
  The court held that evidence seized during an inventory search of a vehicle and a search of an apartment incident to arrest were legal under federal standards applicable to habeas corpus review, even if state law might deem them illegal.
• Barney J. Baker v. State OF Ark.
  505 F.2d 750· 8th Cir.· 1974-11-19 ·cited 2×·via Habeas Corpus Petition
  The court held that Arkansas Supreme Court Rule 8(d) does not violate a prisoner's constitutional right of access to the courts.
• Mueller v. Turcott
  501 F.2d 1016· 7th Cir.· 1974-08-19 ·cited 2×
  The court held that the denial of a prisoner's transfer for vocational training, based on medical condition and supervision needs, was a rational administrative decision within the discretion of prison officials, and thus did not warrant habeas corpus relief or a § 1983 claim for
• State OF N.C. v. Smith
  501 F.2d 613· 4th Cir.· 1974-07-25 ·cited 2×·via Habeas Corpus Petition
  The court held that the record lacked sufficient evidence to support the finding that the Indeterminate Sentence Committee extended the prisoner's sentence due to his successful petition for credit.
• Thomas v. Shaw
  497 F.2d 123· 5th Cir.· 1974-07-18 ·cited 2×·via Habeas Corpus Petition
  The court held that the district court erred in dismissing the complaint as a habeas corpus petition without allowing for further fact development.
• Keith v. Chilgren
  499 F.2d 204· 8th Cir.· 1974-07-10 ·cited 2×
  The court held that the Air Force's denial of the conscientious objector discharge application lacked a basis in fact, reversing the district court's denial of habeas corpus.
• State v. Gundell
  298 So. 2d 504· Fla. 1st DCA· 1974-07-09 ·cited 2×·via Writ Of Habeas Corpus
  Florida appealed the dismissal of criminal charges against Gundell for LSD sale and possession based on a speedy trial violation. The court affirmed the dismissal, reinterpreting the defendant's motion as a habeas corpus petition after finding his initial speedy trial demand prem
• Brown v. Louie L. Wainwright
  495 F.2d 559· 5th Cir.· 1974-06-07 ·cited 2×·via Habeas Corpus Petition
  The court affirmed the denial of relief on the Florida speedy trial rule claim but vacated and remanded the federal speedy trial claim for failure to exhaust state remedies.
• van Geldern v. Field
  498 F.2d 400· 9th Cir.· 1974-05-29 ·cited 2×
  The court held that the district court did not abuse its discretion in denying the habeas corpus petition based on the concurrent sentence doctrine, as the petitioner failed to demonstrate significant prejudice from the challenged conviction.
• Dames v. Louie L. Wainwright
  491 F.2d 1098· 5th Cir.· 1974-04-01 ·cited 2×·via Application For Writ Of Habeas Corpus
  The court held that the defendant's contention that he was entitled to more credit for time served was without merit, as he received the bargained-for sentence and was not punished for exercising post-conviction rights.
• Peters v. Gray
  494 F.2d 327· 7th Cir.· 1974-03-29 ·cited 2×
  A state trial judge's refusal to appoint new counsel for an indigent defendant, based on the defendant's dissatisfaction, does not violate the Sixth Amendment if the defendant received effective assistance of counsel and the trial was not fundamentally unfair.
• Stidham v. Swenson
  506 F.2d 478· 8th Cir.· 1974-03-28 ·cited 2×·via Habeas Corpus Petition
  The court held that not all material facts were adequately developed at the state court hearing, requiring an evidentiary hearing in the district court.
• Peters v. Kiff
  491 F.2d 967· 5th Cir.· 1974-03-27 ·cited 2×·via Habeas Corpus Petition
  The court held that the denial of a continuance was not an abuse of discretion and that the evidence presented did not establish a prima facie case of systematic jury discrimination.
• Strader v. Estelle
  491 F.2d 969· 5th Cir.· 1974-03-27 ·cited 2×
  The court held that the search was incident to a lawful arrest and the in-court identification was independent of any lineup defects, thus affirming the dismissal of the habeas petition.
• United States ex rel. Charles Townsend v. Twomey
  493 F.2d 1325· 7th Cir.· 1974-03-18 ·cited 2×
  The court held that the appeal should be dismissed and the petition consolidated with a prior case, as the primary issue is whether the state timely determined to resentence the petitioner, which should be resolved in state post-sentencing procedures.
• Featherston v. United States
  491 F.2d 96· 5th Cir.· 1974-03-14 ·cited 2×·via Habeas Corpus Petition
  The court held that the trial judge's voir dire questions regarding racial prejudice were sufficient to satisfy constitutional requirements, distinguishing the case from Ham v. South Carolina.
• Audsley v. Stack
  289 So. 2d 714· Fla.· 1974-02-06 ·cited 2×
  The Florida Supreme Court dismissed a petition for certiorari challenging an extradition warrant on mootness grounds while preserving the petitioner's right to contest the extradition proceedings in the future. The case involved a conflict between the Fourth District Court of App
• Clyatt v. Ault
  488 F.2d 968· 5th Cir.· 1974-01-25 ·cited 2×·via Habeas Corpus Petition
  The appellate court affirmed the district court's dismissal of the habeas petition, finding no clear error in the district court's factual determination that a juror did not witness the petitioner's arrest.
• United States ex rel. Leo Di Giangiemo v. Vincent
  489 F.2d 1370· 2d Cir.· 1974-01-09 ·cited 2×
  The court held that federal courts should not decide constitutional questions involving state law until state courts have had an opportunity to interpret their own statutes.
• Rapp v. Wolff
  489 F.2d 712· 8th Cir.· 1974-01-02 ·cited 2×
  The court held that the trial court did not err in dismissing the habeas corpus petition, finding the plea bargain was kept and counsel was not incompetent.
• Redd v. State OF La. ex rel. C. Murray Henderson
  489 F.2d 766· 5th Cir.· 1973-12-20 ·cited 2×·via Habeas Corpus Petition
  The court held that the district court erred in granting habeas corpus relief on a claim not exhausted in state courts.
• Smith v. Morgan
  284 So. 2d 12· Fla. 2d DCA· 1973-10-17 ·cited 2×·via Writ Of Habeas Corpus
  Andrew Smith appealed the denial of his habeas corpus petition challenging his conviction for a municipal ordinance violation. The core issue was whether his waiver of counsel was valid under Argersinger v. Hamlin, which requires counsel in misdemeanor cases, given that the waive
• Stack v. State of Fla. ex rel. Robert Ebbole
  284 So. 2d 472· Fla. 4th DCA· 1973-10-12 ·cited 2×
  Sheriff Stack appealed a trial court order discharging Robert Ebbole from custody in an extradition proceeding. The court held that the Illinois complaint adequately charged Ebbole with attempted rape and substantially complied with extradition requirements, reversing the dischar
• Pinkins v. Louie L. Wainwright
  283 So. 2d 577· Fla. 2d DCA· 1973-10-10 ·cited 2×·via Habeas Corpus Petition
  Florida appellate court granted habeas corpus and allowed a delayed appeal where trial judge failed to advise defendant of appellate rights, but conditioned the appeal on showing it is not frivolous.
• United States ex rel. Vaughan Booker H-9095 v. Johnson
  488 F.2d 229· 3d Cir.· 1973-09-28 ·cited 2×·via Habeas Corpus Petition
  The dissent argues that if a guilty plea was induced by counsel's misrepresentation of the law regarding diminished responsibility, an evidentiary hearing is mandated.
• Lemus v. Chandler
  281 So. 2d 913· Fla. 2d DCA· 1973-08-31 ·cited 2×
  The court held that the trial court had jurisdiction to hear the adoption proceeding and should have done so, and that the child should remain with the appellants pending the adoption decision.
• Austin v. Warner
  483 F.2d 70· 9th Cir.· 1973-08-06 ·cited 2×
  The court held that a dismissal without leave to amend was not an abuse of discretion when the appellant failed to provide a transcript or basis for relief.
• Eaton v. Capps
  480 F.2d 1021· 5th Cir.· 1973-07-05 ·cited 2×·via Habeas Corpus Petition
  The court held that the federal district court correctly remanded the case to the state court for re-sentencing, rather than ordering immediate discharge or re-sentencing itself.