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

• Barber v. Nelson
  451 F.2d 1017· 9th Cir.· 1971-11-10 ·cited 2×
  The court held that a defendant has a federal constitutional right to effective assistance of counsel at a combined probation revocation and initial sentencing proceeding.
• United States ex rel. Clarence Mayfield v. Pate
  451 F.2d 1381· 7th Cir.· 1971-10-13 ·cited 2×·via Habeas Corpus Petition
  The court held that the rule established in Pugh v. Pate, invalidating warrants obtained with affidavits signed by a fictitious name, did not apply retroactively to searches conducted before July 1, 1968, and thus affirmed the denial of the habeas corpus petition.
• Smith v. Cady
  452 F.2d 141· 7th Cir.· 1971-10-05 ·cited 2×·via Habeas Corpus Petition
  The court held that the petitioner waived his right to challenge the juvenile waiver proceedings by pleading guilty in adult court with the assistance of competent counsel.
• Mead v. Meier
  449 F.2d 732· 9th Cir.· 1971-09-17 ·cited 2×
  The court held that a federal district court lacks jurisdiction to issue a writ of habeas corpus if the petitioner is not within the court's territorial jurisdiction at the time of filing.
• Grover Cleveland McDANIEL v. Jones
  447 F.2d 490· 5th Cir.· 1971-08-27 ·cited 2×·via Application For Writ Of Habeas Corpus
  The court held that the dismissal of both the habeas corpus application and the civil rights action were improper and required reversal.
• Mead v. Meier
  448 F.2d 1267· 9th Cir.· 1971-08-23 ·cited 2×·via Habeas Corpus Petition
  A state prisoner who has presented his ineffective assistance of counsel claim to the highest state court on direct appeal has exhausted his state remedies for federal habeas corpus purposes.
• United States ex rel. Robert Loray v. Yeager
  446 F.2d 1360· 3d Cir.· 1971-08-16 ·cited 2×·via Habeas Corpus Petition
  The court held that the district court did not err in denying the habeas corpus petition, as the state record adequately supported the finding that the confession was not coerced.
• Hayes v. Smith
  447 F.2d 488· 5th Cir.· 1971-08-16 ·cited 2×
  A knowing and voluntary guilty plea waives all prior non-jurisdictional defects, including those alleged by the appellant.
• Howard v. Beto
  446 F.2d 1370· 5th Cir.· 1971-08-13 ·cited 2×
  The court held that the record lacked sufficient facts to deny the habeas corpus petition, requiring further factual exploration.
• Wilwording v. Swenson
  446 F.2d 553· 8th Cir.· 1971-08-02 ·cited 2×·via Habeas Corpus Petition
  The court held that a prior denial of a habeas corpus petition on the merits is controlling if the same ground is presented and the ends of justice would not be served by reaching the merits again.
• Harris v. Cardwell
  447 F.2d 1339· 6th Cir.· 1971-07-29 ·cited 2×
• Robert L. Hunt (Alias Donald Adams) v. State OF Ga.
  445 F.2d 1228· 5th Cir.· 1971-07-21 ·cited 2×·via Habeas Corpus Petition
  The court affirmed the denial of habeas corpus relief, finding that the petitioner was adequately represented by counsel and that his voluntary guilty plea waived any non-jurisdictional defects, including challenges to the grand jury composition.
• United States ex rel. Dewayne Massey v. Kennedy
  446 F.2d 1388· 5th Cir.· 1971-07-13 ·cited 2×
  The court held that a federal habeas corpus petition is premature when state proceedings, specifically a penalty phase retrial, have not been completed, especially when the petitioner's actions have caused the delay.
• Hagelberger v. United States
  445 F.2d 279· 5th Cir.· 1971-06-24 ·cited 2×
  The court held that a prisoner is not entitled to credit for time spent in custody prior to the commutation of a death sentence if the commutation order specifies that the new sentence begins on the date of commutation.
• Chiaie v. Picard
  445 F.2d 804· 1st Cir.· 1971-06-23 ·cited 2×·via Habeas Corpus Petition
  The court held that the defendant had not exhausted state remedies and that the Commonwealth should be allowed to provide an evidentiary hearing in its own courts.
• Alford Cunningham v. Wingo
  443 F.2d 195· 6th Cir.· 1971-05-28 ·cited 2×
  The court held that cruel treatment in jail, while occurring, did not coerce the appellant's guilty plea, and the plea was voluntary. The appellant's primary contention regarding a misunderstanding of the total sentence length was not supported by the evidence.
• United States ex rel. George H. Hartman v. Laird
  443 F.2d 366· 3d Cir.· 1971-05-26 ·cited 2×
  A registrant's claim of conscientious objection made after receiving an induction order is barred by regulation unless it arises from circumstances beyond his control.
• Williams v. Lou Brewer
  442 F.2d 657· 8th Cir.· 1971-05-19 ·cited 2×
  The court held that the petitioner's habeas corpus petition was properly dismissed because the Iowa Supreme Court's interpretation of the statute was binding, and the petitioner's constitutional claims were without merit.
• Nielson v. Beto
  444 F.2d 517· 5th Cir.· 1971-05-06 ·cited 2×
  The court held that the case must be remanded for findings of fact and conclusions of law regarding the exhaustion of state remedies on additional grounds raised by the petitioner.
• Kellar v. Ciccone
  442 F.2d 337· 8th Cir.· 1971-05-06 ·cited 2×·via Habeas Corpus Petition
  The appeal is dismissed because the petitioner has been transferred to his committing court, rendering the appeal moot.
• Cain v. Hoyt C. Cupp
  442 F.2d 356· 9th Cir.· 1971-04-28 ·cited 2×·via Writ Of Habeas Corpus
  The court held that the prosecutor's actions, including calling a witness who invoked the Fifth Amendment and commenting on that invocation in closing arguments, denied the petitioner a fair trial.
• Dennis v. Louie L. Wainwright
  247 So. 2d 88· Fla. 2d DCA· 1971-04-21 ·cited 2×
  Dennis sought habeas corpus relief after his notice of appeal was filed late due to alleged negligence by a state employee. The court referred the matter to a commissioner to determine whether Dennis was negligent and whether the state employee's actions constituted state action.
• United States ex rel. Lt. Walter B. Greenwood v. Resor
  439 F.2d 1249· 4th Cir.· 1971-04-12 ·cited 2×
  The court held that the administrative record did not contain a basis in fact for denying the appellant's discharge as a conscientious objector.
• United States ex rel. George Farmer v. Kosan
  440 F.2d 1256· 2d Cir.· 1971-04-09 ·cited 2×
  The court held that the Supreme Court's decision in Baldwin v. New York, which established a six-month maximum sentence as the threshold for the right to a jury trial, should not be applied retroactively to cases tried before its decision.
• KEY v. Louie L. Wainwright
  440 F.2d 988· 5th Cir.· 1971-04-09 ·cited 2×
  The court held that the prisoner's claims regarding a promised sentence and denial of a justification defense were not of constitutional proportion and affirmed the denial of habeas corpus relief.
• Fretwell v. Louie L. Wainwright
  246 So. 2d 132· Fla. 4th DCA· 1971-03-26 ·cited 2×
  Milton Fretwell, an indigent defendant convicted of robbery and sentenced to 40 years, was denied his right to appeal when court-appointed counsel withdrew claiming the appeal was frivolous without following the procedural safeguards required by Anders v. California. The court gr
• Breinz v. Commanding General
  439 F.2d 785· 9th Cir.· 1971-03-25 ·cited 2×
  Failure to exhaust available administrative remedies prior to seeking habeas corpus relief precludes such relief.
• Little v. Rhay
  439 F.2d 765· 9th Cir.· 1971-03-24 ·cited 2×·via Writ Of Habeas Corpus
  The court held that the warrantless search was reasonable under the pre-Chimel totality of the circumstances test and affirmed the denial of habeas corpus.
• Hunt v. Nelson
  440 F.2d 58· 9th Cir.· 1971-03-23 ·cited 2×
  The court held that the appellant's guilty pleas were not rendered involuntary or constitutionally invalid by a prior coerced confession or by a meeting with the district attorney in the absence of counsel.
• United States ex rel. Richard F. Sniffen v. Hon. Harold W. Follette
  439 F.2d 1082· 2d Cir.· 1971-03-18 ·cited 2×
  The court held that the appellant failed to show the sentencing judge did not warn him of the potential consequences of a statute imposing a greater sentence for being armed.
• United States ex rel. William Sanders v. Maroney
  438 F.2d 1185· 3d Cir.· 1971-03-12 ·cited 2×
  The court held that the district court properly found the guilty plea to be knowingly, voluntarily, and understandingly entered, despite the burden of proof initially being misapplied.
• Escute v. Delgado
  439 F.2d 891· 1st Cir.· 1971-03-10 ·cited 2×·via Habeas Corpus Petition
  The court held that the Puerto Rican Supreme Court did not err in refusing to apply Escobedo retroactively to a 1943 confession and that the interrogation was not a preliminary hearing under Coleman.
• Abner Lynch v. Henderson
  438 F.2d 977· 5th Cir.· 1971-02-17 ·cited 2×·via Habeas Corpus Petition
  A coerced guilty plea cannot be the product of a free and rational choice, and allegations of such coercion state a claim for relief.
• van Sirrs v. Ciccone
  437 F.2d 884· 8th Cir.· 1971-02-10 ·cited 2×·via Habeas Corpus Petition
  The Attorney General has the authority to designate a federal prison, including the Medical Center at Springfield, for the service of a convicted federal prisoner's sentence.
• Woodson v. Lou V. Brewer
  437 F.2d 1036· 8th Cir.· 1971-02-09 ·cited 2×·via Writ Of Habeas Corpus
  The court held that the appellant's guilty plea was voluntary, despite procedural irregularities, and that newly discovered evidence of another person's confession does not warrant federal habeas corpus relief.
• Dennis v. Louie L. Wainwright
  243 So. 2d 181· Fla. 2d DCA· 1971-01-22 ·cited 2×·via Writ Of Habeas Corpus
  Larry Dennis petitioned for habeas corpus after his notice of appeal was filed late, barring appellate review of his conviction. The court held that if the delay was caused by a state official's negligence rather than Dennis's own conduct, a constitutional question might arise re
• Johnson v. Beto
  436 F.2d 1063· 5th Cir.· 1971-01-05 ·cited 2×·via Application For Writ Of Habeas Corpus
  The court held that the federal district court judgment denying habeas corpus relief should be affirmed because the appellant failed to exhaust his state remedies.
• United States ex rel. Elmer Carl Linde v. Brierley
  437 F.2d 324· 3d Cir.· 1970-12-23 ·cited 2×
  The court held that the district court erred in denying habeas corpus without an evidentiary hearing, as the record did not conclusively establish a knowing and intelligent waiver of the right to appeal with counsel.
• McTYRE v. Pearson
  435 F.2d 333· 8th Cir.· 1970-12-17 ·cited 2×
  The court affirmed the dismissal of the petitioner's federal petition without prejudice, finding it premature and that state courts should have the first opportunity to address the speedy trial issue.
• McKEE v. Page
  435 F.2d 689· 10th Cir.· 1970-12-15 ·cited 2×
  The failure of retained counsel to perfect an appeal within the statutory time, absent a showing of indigency at the time the appeal was due, does not constitute grounds for discharge on habeas corpus.
• Jones v. Louie L. Wainwright
  241 So. 2d 860· Fla. 2d DCA· 1970-12-11 ·cited 2×
  Jimmy Jones sought a writ of habeas corpus claiming he was denied the right to full appellate review of his second degree murder conviction, alleging the trial court failed to advise him of his appeal rights and his counsel failed to assist him by not appealing. The court denied
• United States ex rel. James Charles Mazenis v. Lt. Col. Willie H. McBEE
  435 F.2d 18· 7th Cir.· 1970-12-01 ·cited 2×
  The court held that the petitioner was not entitled to a reopening of his classification before accelerated induction, as he was not a student at the time of the order and his enrollment was a controllable circumstance.
• Wiggins v. Smith
  434 F.2d 245· 5th Cir.· 1970-11-30 ·cited 2×·via Habeas Corpus Petition
  The court held that the district court correctly denied the habeas corpus petition, affirming the state court's findings.
• Bernie Ludwig v. Louie L. Wainwright
  434 F.2d 1104· 5th Cir.· 1970-11-25 ·cited 2×
  The court held that the district court properly denied the petition for a writ of habeas corpus without an evidentiary hearing.
• Emile v. Fontaine
  434 F.2d 1310· 5th Cir.· 1970-11-24 ·cited 2×
  The court held that a federal sentence should not be credited with time spent in state custody for a separate offense, even if based on the same underlying act.
• Finney v. Louie L. Wainwright
  434 F.2d 1001· 5th Cir.· 1970-11-09 ·cited 2×
  The court held that the prisoner's speedy trial rights were not violated, and the state court's determination of the speedy trial statute's application was not erroneous.
• Zavala v. Craven
  433 F.2d 335· 9th Cir.· 1970-11-06 ·cited 2×·via Habeas Corpus Petition
  The court held that the denial of a prior federal habeas petition does not bar a successive petition if the prior denial was based on procedural defects rather than the merits, and the ends of justice require reaching the merits.
• Mrs. Catherine T. Pendergraft v. Cook
  433 F.2d 969· 5th Cir.· 1970-10-29 ·cited 2×·via Habeas Corpus Petition
  The court held that it should refrain from deciding the constitutionality of the jury selection statute and instead remand the case to address the illegal search and seizure claim first.
• Moore v. Dutton
  432 F.2d 1281· 5th Cir.· 1970-10-22 ·cited 2×·via Habeas Corpus Petition
  The court held that while the state courts provided sufficient hearings on the coerced confession and deprivation of counsel claims, a further federal evidentiary hearing was necessary on the discriminatory jury selection issue and the retroactivity of Witherspoon v. Illinois.
• State v. Purdy
  240 So. 2d 96· Fla. 3d DCA· 1970-10-13 ·cited 2×·via Writ Of Habeas Corpus
  Harvey Goodman appealed the denial of his habeas corpus petition challenging his extradition from Florida to California. The Florida appellate court affirmed the lower court's decision, finding that California's extradition demand was properly authenticated and supported by valid