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

• Mosley v. Commanding Officer
  480 F.2d 1107· 8th Cir.· 1973-06-20 ·cited 2×
  The court held that the district court erred in conditioning a habeas corpus writ for conscientious objector discharge on the petitioner performing civilian service, as no regulation supported such a condition for servicemen with over 180 days of service.
• Weathers v. Henderson
  480 F.2d 559· 5th Cir.· 1973-05-31 ·cited 2×
  A sovereign does not waive its right to custody by surrendering a prisoner to another sovereign.
• Flanagan v. Rose
  478 F.2d 222· 6th Cir.· 1973-05-22 ·cited 2×·via Writ Of Habeas Corpus
  The court held that the search warrants were invalid because the supporting affidavits did not establish probable cause, and there was no evidence of sworn testimony supplementing the affidavits.
• Eleey v. Volatile
  478 F.2d 333· 3d Cir.· 1973-05-03 ·cited 2×
  When a registrant presents a prima facie case for occupational deferment, the draft board must state its reasons for denying the claim, even if the board has other information suggesting the claim is invalid.
• Rahming v. Louie L. Wainwright
  276 So. 2d 474· Fla.· 1973-04-18 ·cited 2×
  The Florida Supreme Court addressed whether an appointed counsel's failure to file a notice of appeal on behalf of a defendant, despite the defendant's two written requests, violated the defendant's right to appeal. The Court held that appointed counsel must appeal a case regardl
• McCRAY v. State OF Ala.
  476 F.2d 256· 5th Cir.· 1973-03-27 ·cited 2×
  The court held that the appellant's claims of an unkept plea bargain and fear of the death penalty did not render his guilty pleas constitutionally infirm.
• Russell v. Henderson
  475 F.2d 1138· 5th Cir.· 1973-03-26 ·cited 2×
  The court held that the case is moot because the appellant is no longer incarcerated.
• Prince v. State OF Ala.
  476 F.2d 298· 5th Cir.· 1973-03-26 ·cited 2×
  The court held that a federal habeas corpus petition under 28 U.S.C. § 2254 is premature if the petitioner's conviction is still on direct appeal in the state court system.
• Richmond v. General Stanley Larson
  476 F.2d 1038· 9th Cir.· 1973-03-05 ·cited 2×·via Habeas Corpus Petition
• United States ex rel. Milton Rivera v. McKENDRICK
  474 F.2d 259· 2d Cir.· 1973-02-15 ·cited 2×·via Habeas Corpus Petition
  The court held that the district court's finding of no taint on the in-court identification, supported by the record, was sufficient to deny the petition for habeas corpus.
• Mozingo v. Craven
  475 F.2d 1254· 9th Cir.· 1973-02-12 ·cited 2×
  The court held that a prior parole revocation, even if followed by subsequent revocations, could have collateral consequences and thus was not moot, requiring a due process hearing.
• Graves v. State OF La.
  472 F.2d 1191· 5th Cir.· 1973-02-07 ·cited 2×
  The court held that the district court improperly dismissed the habeas petition for failure to exhaust state remedies when the issue had been presented to the state's highest court on direct appeal.
• Kelly v. Wingo
  472 F.2d 717· 6th Cir.· 1973-01-25 ·cited 2×
  The court held that the petitioner had exhausted his state remedies and that he was not denied effective assistance of counsel because he insisted on going to trial despite his attorney's recommendation for a continuance.
• United States ex rel. George Whitmore, Jr. v. Malcolm
  476 F.2d 363· 2d Cir.· 1973-01-22 ·cited 2×
  The court vacated the district court's order denying habeas corpus and dismissed the appeal as moot, granting a petition for rehearing en banc.
• Dodge v. Johnson
  471 F.2d 1249· 6th Cir.· 1973-01-19 ·cited 2×·via Writ Of Habeas Corpus
  The court held that the appellant failed to carry his burden of proving his statements were involuntary or that he was denied his constitutional right to counsel at the preliminary examination.
• United States ex rel. Neil Okerlund v. Laird
  473 F.2d 1286· 7th Cir.· 1973-01-12 ·cited 2×
  The court held that the Army's denial of a conscientious objector discharge had a basis in fact, as the applicant's objection was primarily to war zone duty rather than war in all its forms.
• Scarpati v. Louie L. Wainwright
  469 F.2d 1154· 5th Cir.· 1972-11-28 ·cited 2×·via Habeas Corpus Petition
  The court held that the new search restrictions announced in Chimel v. California do not apply retroactively to searches conducted before the decision date.
• United States ex rel. Jose Mario Martinez v. Alldredge
  468 F.2d 684· 3d Cir.· 1972-10-17 ·cited 2×
  The court held that due process does not require the appointment of counsel for indigent releasees in mandatory release revocation hearings when the factual grounds for revocation are uncontroverted.
• Fryer v. Ellis C. MacDOUGALL
  462 F.2d 1093· 5th Cir.· 1972-07-12 ·cited 2×·via Habeas Corpus Petition
  The court held that the district court's denial of habeas corpus relief must be vacated and remanded due to the confused state of the record.
• United States ex rel. Arthur E. Martin H-4387 v. Brierley
  464 F.2d 529· 3d Cir.· 1972-06-30 ·cited 2×
  The court held that the petitioner's claims of ineffective assistance of counsel, denial of confrontation, and improper appellate procedure were without merit.
• Brookins v. State
  461 F.2d 663· 5th Cir.· 1972-06-19 ·cited 2×
  The court held that the petitioner failed to exhaust state remedies by not presenting his claim to the state appellate courts.
• COX v. Cardwell
  464 F.2d 639· 6th Cir.· 1972-06-15 ·cited 2×·via Habeas Corpus Petition
• Edwards v. Louie L. Wainwright
  461 F.2d 238· 5th Cir.· 1972-06-08 ·cited 2×·via Habeas Corpus Petition
  The court held that while the district court erred in denying the appellant access to state court records, this error was harmless because the records did not support his claims.
• United States ex rel. Harry Shank v. Commonwealth of Pa.
  461 F.2d 61· 3d Cir.· 1972-06-01 ·cited 2×
  The court held that the district court did not abuse its discretion in denying a habeas corpus hearing, as the state court's decision that the guilty pleas were voluntary and knowing was fairly supported by the record.
• Shelton v. Beto
  460 F.2d 1234· 5th Cir.· 1972-05-16 ·cited 2×·via Habeas Corpus Petition
  The court held that the petitioner's claims did not raise federal constitutional questions and affirmed the denial of habeas corpus relief.
• Keister v. The Honorable Stanley Resor
  462 F.2d 471· 3d Cir.· 1972-05-15 ·cited 2×
  The court held that a reservist is not entitled to a full hearing or a pre-activation determination of discharge eligibility before being activated for unsatisfactory participation.
• United States ex rel. Allen Rosenberg v. United States Dist. Court for E. Dist. of Pa. Appeal of Kenneth Paull
  460 F.2d 1233· 3d Cir.· 1972-05-05 ·cited 2×·via Habeas Corpus Petition
  The court held that an appeal from an order denying a motion to dismiss an indictment is not final and appealable, and that petitioners out on bail awaiting trial are not in federal custody for purposes of a § 2255 habeas petition.
• Pryor v. Beto
  460 F.2d 306· 5th Cir.· 1972-05-01 ·cited 2×·via Habeas Corpus Petition
  A federal habeas petition is not barred as successive if the prior petition was denied for failure to exhaust state remedies, and the petitioner has since exhausted those remedies.
• Douglas v. Nixon
  459 F.2d 325· 6th Cir.· 1972-04-27 ·cited 2×·via Application For Writ Of Habeas Corpus
  The court affirmed the district court's judgment, constrained by prior precedent.
• Levon Brown v. Daggett
  458 F.2d 14· 8th Cir.· 1972-04-12 ·cited 2×
  The court held that a parole granted 'to the physical custody of detainers only' is ineffective until the inmate is taken into the custody of the detaining authority.
• United States ex rel. Karl Meyer v. Weil
  458 F.2d 1068· 7th Cir.· 1972-03-28 ·cited 2×·via Writ Of Habeas Corpus
  The court held that being at large on bail does not constitute 'custody' for the purposes of a writ of habeas corpus.
• LEE v. Louie L. Wainwright
  457 F.2d 771· 5th Cir.· 1972-03-28 ·cited 2×·via Habeas Corpus Petition
  The court held that while the petitioner's claim of inadequate counsel was properly rejected, the denial of a hearing on his competence to stand trial was not adequately addressed by the lower court.
• United States ex rel. Thomas William Robinson v. Laird
  457 F.2d 741· 7th Cir.· 1972-03-24 ·cited 2×
  The court held that the Navy had no basis in fact for denying the petitioner's application for discharge as a conscientious objector.
• Ware v. Commanding General
  456 F.2d 1036· 6th Cir.· 1972-03-06 ·cited 2×
  The court held that the requirement for a Selective Service Board to state its reasons for a decision, as established in United States v. O'Bryan, applies only to conscientious objector cases and not to other classifications.
• Clay v. Black
  455 F.2d 667· 6th Cir.· 1972-02-28 ·cited 2×·via Habeas Corpus Petition
  The court held that the district court erred in denying the habeas corpus petition without an evidentiary hearing, as the record lacked sufficient facts to determine if constitutional rights were violated.
• United States ex rel. Charles K. Diggs v. Commonwealth of Pa.
  457 F.2d 933· 3d Cir.· 1972-02-25 ·cited 2×·via Habeas Corpus Petition
  The court held that the appellant's contentions regarding infirmities in his juvenile court proceedings were without merit.
• Golden v. Henderson
  456 F.2d 376· 5th Cir.· 1972-02-24 ·cited 2×
  The court held that the district court's denial of the habeas petition was proper, as the guilty plea was voluntarily and intelligently entered under pre-Boykin standards.
• Strode v. State OF Miss.
  456 F.2d 1295· 5th Cir.· 1972-02-24 ·cited 2×
  The court held that despite vacating the certificate of probable cause, it would reach the merits of the appeal in the interest of judicial administration.
• Blaylock v. Fitzharris
  455 F.2d 462· 9th Cir.· 1972-02-17 ·cited 2×·via Habeas Corpus Petition
  The court held that the petitioner's statements did not demonstrate a knowing and understanding bypass of state court remedies, and thus an evidentiary hearing on the deliberate bypass issue was required.
• LeMOINE v. Ailes
  261 So. 2d 573· Fla. 1st DCA· 1972-02-08 ·cited 2×·via Habeas Corpus Proceedings
  A mother sought habeas corpus relief to recover custody of her minor son from her parents, who were withholding the child in violation of a 1966 divorce decree awarding custody to the mother. The court upheld the mother's right to custody, finding her to be a fit and proper perso
• Ruchell MaGEE v. Nelson
  455 F.2d 275· 9th Cir.· 1972-02-07 ·cited 2×·via Writ Of Habeas Corpus
  The court held that the petitioner's claims of inaccurate transcripts, mistreatment during trial, and perjured testimony did not demonstrate prejudice sufficient to warrant habeas corpus relief.
• Siwakowski v. Beto
  455 F.2d 915· 5th Cir.· 1972-02-04 ·cited 2×·via Habeas Corpus Petition
  The court held that the district court did not err in denying habeas corpus relief, as the appellant's claims of constitutional violations were without merit.
• Green v. Wingo
  454 F.2d 52· 6th Cir.· 1972-01-27 ·cited 2×
  The court held that even without explicit allegations in the petition, the case must be remanded for an evidentiary hearing to determine if the state court judge adequately examined the petitioner regarding the voluntariness of his guilty plea, following Boykin v. Alabama.
• Thadeaus Roy Culberson v. Louie L. Wainwright
  453 F.2d 1219· 5th Cir.· 1972-01-10 ·cited 2×
  The court held that a prior conviction for assault and intoxication does not preclude a subsequent prosecution for manslaughter when the victim's death occurred after the initial conviction.
• Terry v. Superintendent OF Field Unit #9
  454 F.2d 591· 4th Cir.· 1972-01-10 ·cited 2×·via Habeas Corpus Petition
  The court held that the increased sentence imposed by a jury after a trial de novo, without stated reasons, violates North Carolina v. Pearce.
• Earp v. Hoyt C. Cupp
  453 F.2d 378· 9th Cir.· 1972-01-10 ·cited 2×·via Habeas Corpus Petition
  The court held that the petitioner's admissions were voluntary and made in accordance with his rights, and that the Oregon statute regarding the burden of proving insanity is constitutional.
• Tate v. Warden J. D. Henderson
  453 F.2d 358· 5th Cir.· 1971-12-30 ·cited 2×·via Habeas Corpus Petition
  The court held that a prisoner's challenge to the Parole Board's refusal to consider him for parole due to a prior narcotic addiction, based on statutory certification requirements, is properly brought as a habeas corpus petition, not a motion to vacate sentence.
• Thomas v. Beto
  452 F.2d 1072· 5th Cir.· 1971-12-22 ·cited 2×·via Application For Writ Of Habeas Corpus
  The court held that the district court did not err in denying the habeas corpus writ without a hearing, as the state court's findings were supported by the record and not clearly erroneous.
• McALILEY v. Brig. General William H. Birdsong, Jr.
  451 F.2d 1244· 6th Cir.· 1971-12-06 ·cited 2×
  The court held that the appellant's undesirable discharge did not render his habeas corpus appeal moot due to collateral consequences, and that the district court erred in denying his petition without an evidentiary hearing.
• United States ex rel. William S. Burke v. Mancusi
  453 F.2d 563· 2d Cir.· 1971-11-22 ·cited 2×
  The court held that the petitioner voluntarily and knowingly waived an opportunity to withdraw his guilty pleas, despite the sentencing judge's remarks.