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
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The court held that the appellant failed to demonstrate prejudice from the lack of counsel at a preliminary hearing, thus denying habeas corpus relief.
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A guilty plea can only be collaterally attacked if counsel's advice was incompetent, which was not alleged here.
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The court held that the district court should defer ruling on the habeas petition to allow the petitioner to present his claim regarding the denial of new counsel to the California courts.
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431 F.2d 1175·
10th Cir.·
1970-09-09
·cited 2×
The court held that the petitioner's parole revocation hearing was not a sham under the rules then prevailing and that the rule announced in a subsequent case was not applicable to his hearing.
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431 F.2d 1197·
9th Cir.·
1970-09-02
·cited 2×
The court held that the factual distinctions between this case and Beaty v. Kenan were de minimis, and therefore the soldier's absence without authority did not justify denial of habeas corpus relief.
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432 F.2d 68·
9th Cir.·
1970-07-29
·cited 2×
The judgment must be reversed because the state court record, crucial for determining if the guilty plea was induced by an unfulfilled promise, was not provided to the district court.
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The court held that the appellant's claims were either procedurally barred or moot due to his own actions, and affirmed the lower court's decision.
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The court held that a person committed as a sexual psychopath cannot remain committed if they are found to be mentally ill, as the two conditions are statutorily mutually exclusive.
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428 F.2d 1166·
6th Cir.·
1970-07-16
·cited 2×
The court held that the district court erred in denying the habeas corpus petition without a hearing, as the appellant's allegations of psychological coercion raised factual issues requiring further inquiry.
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429 F.2d 622·
4th Cir.·
1970-07-15
·cited 2×
A guilty plea is not rendered involuntary solely because it was induced by the defendant's desire to avoid the maximum penalty, provided the plea was otherwise knowing, intelligent, and voluntary.
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428 F.2d 1215·
5th Cir.·
1970-07-07
·cited 2×
The court held that the district court did not err in denying the petition for a writ of habeas corpus.
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A joint representation does not violate the Sixth Amendment unless specific prejudice resulting from the conflict is shown.
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A state prisoner must exhaust available state remedies before seeking federal habeas corpus relief.
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427 F.2d 1296·
6th Cir.·
1970-06-04
·cited 2×
The court held that a federal habeas corpus court must conduct an evidentiary hearing when a state trial court fails to make express findings resolving critical factual disputes concerning a claimed constitutional deprivation.
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427 F.2d 73·
10th Cir.·
1970-05-25
·cited 2×
The court held that the trial court's restrictive 'pauper' standard for appointing counsel was unconstitutional and did not conform to federal mandate.
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The court held that a record entry showing a defendant was asked if he wanted an attorney and stated he wanted to plead guilty is insufficient to establish an intelligent waiver of counsel if it does not also show he was informed of his right to appointed counsel if indigent.
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The court held that the appellant did not deliberately bypass state procedures by failing to challenge the admissibility of his confessions, as his counsel's actions were strategic to present the voluntariness issue to the jury.
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424 F.2d 535·
5th Cir.·
1970-04-09
·cited 2×
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423 F.2d 1146·
8th Cir.·
1970-04-07
·cited 2×
A federal prisoner serving a state sentence may file a motion to vacate a federal sentence that has not yet commenced, as 'custody' under § 2255 is interpreted broadly to encompass the entire duration of imprisonment.
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The court held that the appellant's claim of ineffective assistance of counsel was not supported by the record, as the alleged prejudice was not demonstrated.
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424 F.2d 157·
4th Cir.·
1970-04-01
·cited 2×
Original habeas corpus petitions filed in the West Virginia Supreme Court of Appeals satisfy the exhaustion requirement of 28 U.S.C. § 2254, even after statutory amendments.
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423 F.2d 511·
3d Cir.·
1970-03-31
·cited 2×
The court held that the district court erred by not considering all relevant state records, including a post-conviction transcript, before denying the habeas corpus petition without a hearing. The court also noted the need to determine if the petitioner meets the 'in custody' req
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The court held that the district court failed to adequately develop all material facts and circumstances, requiring a remand for further proceedings.
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233 So. 2d 174·
Fla. 3d DCA·
1970-03-23
·cited 2×
A Florida inmate filed a habeas corpus petition alleging the state prevented him from perfecting his appeal by failing to provide counsel. The court found the public defender's office inadvertently thwarted his timely appeal and granted him the right to proceed with appellate rev
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426 F.2d 795·
5th Cir.·
1970-03-19
·cited 2×
The court held that the district court did not err in denying the habeas corpus petition, as the issues raised did not present a federal constitutional question or were properly resolved.
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423 F.2d 201·
5th Cir.·
1970-03-16
·cited 2×
A habeas corpus petitioner who pleads guilty does not require an evidentiary hearing if the plea was voluntary and understood.
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A federal court need not hold an evidentiary hearing on a habeas corpus petition if it has an adequate substitute for missing state court testimony and the state court's factual determination is fairly supported by the record.
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232 So. 2d 263·
Fla. 2d DCA·
1970-02-27
·cited 2×
The court held that the denial of the petition for post-conviction relief was proper because the defendant's guilty plea was not coerced and counsel's advice was sound.
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The court held that the district court's findings were not clearly erroneous and that the burden was on the petitioner to produce favorable evidence.
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231 So. 2d 238·
Fla. 3d DCA·
1970-02-03
·cited 2×
The court held that the petitioner's habeas corpus petition should be denied, and affirmed the trial court's order denying relief.
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421 F.2d 651·
6th Cir.·
1970-01-29
·cited 2×
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The court held that the appellant's subsequent habeas corpus petition was properly dismissed under 28 U.S.C. § 2244(b) as it did not present a new ground not previously adjudicated and the appellant had not shown justification for failing to raise the issue earlier.
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421 F.2d 150·
5th Cir.·
1969-12-17
·cited 2×
The court held that a federal prisoner must first utilize the remedy of a motion to vacate sentence under 28 U.S.C. § 2255 before seeking habeas corpus relief.
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The court held that the state failed to prove the defendant intelligently and understandingly waived his right to counsel at sentencing.
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The court held that subsequent Supreme Court decisions may warrant redetermination of claims previously rejected, and that the district court erred in not considering the merits of the Anders claim without the state court record.
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418 F.2d 871·
5th Cir.·
1969-11-12
·cited 2×
The court held that the arrest was lawful and the confession was voluntary, affirming the denial of habeas corpus relief.
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418 F.2d 143·
7th Cir.·
1969-11-10
·cited 2×
The court held that the petitioner was not denied equal protection of the laws despite procedural differences in post-conviction relief for indigent versus retained counsel.
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418 F.2d 565·
5th Cir.·
1969-11-10
·cited 2×
The court held that the petitioner was not denied effective assistance of counsel and that the trial judge's actions did not deprive him of constitutional rights.
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418 F.2d 273·
9th Cir.·
1969-11-03
·cited 2×
The court held that the district court properly rejected claims related to the escape conviction but must reconsider claims related to the robbery conviction in light of new precedent.
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The court held that a motion under 28 U.S.C. § 2255 is the exclusive remedy for a federal prisoner challenging his sentence in the sentencing court.
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Calvin Howard petitioned for habeas corpus relief after his conviction for robbery and assault, alleging that custodial interrogation statements were admitted at trial without Miranda warnings. The Florida Supreme Court granted the writ, finding the police procedure—wherein offic
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416 F.2d 968·
5th Cir.·
1969-09-24
·cited 2×
The court held that the district court did not err in denying habeas corpus relief based on the state record, as at least one life sentence was validly imposed.
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416 F.2d 744·
7th Cir.·
1969-09-18
·cited 2×
A state cannot deny an indigent juvenile the right to effective review of commitment proceedings, even if state remedies are not technically exhausted, if those remedies are procedurally ineffective.
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226 So. 2d 416·
Fla. 1st DCA·
1969-09-18
·cited 2×
The court affirmed the trial court's refusal to set aside the conviction and sentence, and additionally held that the sentence should now be carried out.
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The court held that the substitution of a charge for attempted rape for attempted robbery did not deny due process, as the new charge arose from the same occurrence and did not prejudice the defense.
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416 F.2d 917·
5th Cir.·
1969-09-17
·cited 2×
The court held that the petitioner's sentence was not in excess of the statutory maximum and that he was not denied due process, as his case did not require a separate hearing like that in Specht v. Patterson.
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415 F.2d 1056·
5th Cir.·
1969-08-18
·cited 2×
The court held that the district court should consider the merits of the injunction pending appeal, rather than dismissing based on failure to exhaust administrative remedies.
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415 F.2d 243·
6th Cir.·
1969-08-13
·cited 2×
The dissenting judge would have granted the writ, arguing the District Court erred in deferring to state court findings on indigency without an evidentiary hearing.
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The court held that the federal district court did not err in denying a habeas corpus petition without a hearing, as the state court's hearing was adequate and the appellant's claims were speculative.