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

• Sinclair Johnson v. Lamont Smith
  414 F.2d 645· 5th Cir.· 1969-07-09 ·cited 2×
  The court held that a habeas corpus petitioner's claim of coerced guilty plea due to attorney misrepresentation regarding suppressed evidence was without merit, as the attorney's advice was factually correct and the alleged misrepresentation did not constitute state action.
• Dovie Carl Mathis v. Nelson
  411 F.2d 1363· 9th Cir.· 1969-06-04 ·cited 2×
  The court held that the petitioner's statement was voluntary and not the product of coercion, and therefore his constitutional rights were not violated.
• Smartt v. Henderson
  411 F.2d 406· 6th Cir.· 1969-05-15 ·cited 2×
  The court held that the district court correctly denied the petition for a writ of habeas corpus, finding no merit to the petitioner's claims.
• State OF La. ex rel. James Gwin v. Hayden J. Dees
  410 F.2d 321· 5th Cir.· 1969-04-25 ·cited 2×
  The court held that a habeas corpus petition is without merit when the petitioner's guilty plea was voluntary, despite an erroneous statement of the maximum sentence by the trial judge and prosecutor, because the petitioner was represented by experienced counsel and did not objec
• Bradley v. Ciccone
  409 F.2d 217· 8th Cir.· 1969-04-15 ·cited 2×
  A federal prisoner must exhaust remedies in the sentencing court before seeking habeas corpus in another district.
• McMILLAN v. State of N.J.
  408 F.2d 1375· 3d Cir.· 1969-04-07 ·cited 2×
  The court held that the trial court's failure to instruct the jury on the degree of resistance necessary for a rape conviction did not violate due process or constitute ineffective assistance of counsel.
• William Kenneth Parish v. Peyton
  408 F.2d 60· 4th Cir.· 1969-03-19 ·cited 2×
  The court held that the police seizure of packages without a warrant was reasonable under the circumstances, and the subsequent search pursuant to valid warrants was constitutional.
• Anderson v. Haskins
  407 F.2d 399· 6th Cir.· 1969-02-24 ·cited 2×
  The court held that a state prisoner seeking federal habeas corpus relief must first exhaust available state remedies, and that the petitioner failed to do so.
• United States ex rel. Joseph John Fournier v. Pinto
  408 F.2d 539· 3d Cir.· 1969-02-11 ·cited 2×·via Habeas Corpus Petition
  The combined actions of the prosecutor and the trial judge in eliciting testimony from a witness known to intend to invoke the Fifth Amendment privilege, and then highlighting that refusal to the jury, constituted a denial of due process.
• State of Fla. ex rel. Charles Franklin Gibson v. Purdy
  218 So. 2d 542· Fla. 3d DCA· 1969-02-11 ·cited 2×·via Writ Of Habeas Corpus
  The appellate court affirmed the denial of the petition for a Writ of Habeas Corpus because the appellant failed to provide a sufficient record to demonstrate reversible error.
• Heilman v. United States
  406 F.2d 1011· 7th Cir.· 1969-02-10 ·cited 2×
  The court held that the district court properly denied the petition for a writ of habeas corpus without an evidentiary hearing.
• Jones v. Baker
  406 F.2d 739· 10th Cir.· 1969-01-29 ·cited 2×·via Habeas Corpus Petition
  The court held that the appointment of a part-time municipal magistrate as joint counsel for a criminal defendant did not, per se, create a conflict of interest violating federal constitutional rights.
• Williams v. United States
  407 F.2d 714· D.C. Cir.· 1969-01-15 ·cited 2×·via Habeas Corpus Petition
  The court held that the district judge's stated reasons for refusing to file the petitioner's motion were satisfactory, and the petition is denied.
• United States ex rel. Billy Lee Glenn v. Pate
  406 F.2d 68· 7th Cir.· 1969-01-15 ·cited 2×·via Writ Of Habeas Corpus
  A sentence imposed under the Illinois Habitual Criminal Act without proper notice and opportunity for a hearing violates the Due Process Clause of the Fourteenth Amendment.
• United States ex rel. Frank Michael Laniewski v. Commonwealth OF Pa. & Peter Suder
  405 F.2d 883· 3d Cir.· 1969-01-15 ·cited 2×·via Writ Of Habeas Corpus
  The court held that the arrest was valid and there was no violation of the Fourth Amendment, affirming the lower court's finding of a misdemeanor committed in the officers' presence.
• United States ex rel. Harold Lloyd v. Pate
  406 F.2d 617· 7th Cir.· 1969-01-15 ·cited 2×
  A state prisoner is not constitutionally entitled to be advised of his right to appeal a misdemeanor conviction, even if that conviction leads to revocation of probation on a prior felony charge.
• United States ex rel. William Heirens v. Pate
  405 F.2d 449· 7th Cir.· 1968-12-27 ·cited 2×·via Habeas Corpus Petition
  The court held that the petitioner's guilty pleas were intelligent and voluntary, and the district court did not err in denying the habeas corpus petition without an evidentiary hearing.
• United States ex rel. Edward A. Anderson v. Pate
  404 F.2d 21· 7th Cir.· 1968-12-06 ·cited 2×
  The court held that the district court properly dismissed the habeas petition at the time it was filed because the petitioner had not yet exhausted state remedies.
• United States ex rel. Emanuel Johnson, Jr. v. Rundle
  404 F.2d 42· 3d Cir.· 1968-12-03 ·cited 2×·via Habeas Corpus Petition
  The court held that an arrest is lawful if based on probable cause, even if the arrest warrant was later found invalid, especially when officers reasonably believed the warrant was valid.
• Morris v. Louie L. Wainwright
  404 F.2d 74· 5th Cir.· 1968-12-02 ·cited 2×
  Federal courts should not consider the merits of a habeas corpus petition until available state remedies are exhausted.
• Crosby v. Lamont Smith
  404 F.2d 876· 5th Cir.· 1968-11-27 ·cited 2×·via Habeas Corpus Petition
  The court held that the petitioner failed to exhaust available state remedies regarding his first conviction.
• United States ex rel. Rex Sterling v. Pate
  403 F.2d 425· 7th Cir.· 1968-11-21 ·cited 2×
  The court held that the district court did not err in considering parol testimony to resolve ambiguity in the trial record regarding attorney presence at a guilty plea.
• Bassett v. Dutton
  402 F.2d 263· 5th Cir.· 1968-10-21 ·cited 2×·via Writ Of Habeas Corpus
  The court held that prejudice cannot be presumed solely from the existence of pretrial publicity without proof of its influence on the trial or jury deliberations.
• Gauthier v. Burke
  402 F.2d 459· 7th Cir.· 1968-10-08 ·cited 2×
  The court held that the district court did not err in denying the petition for a writ of habeas corpus without an evidentiary hearing.
• Benavidez v. Baker
  399 F.2d 591· 10th Cir.· 1968-08-26 ·cited 2×
  The court held that the appellant received adequate notice and assistance of counsel regarding the habitual criminal act sentencing.
• State of Fla. ex rel. Robert Earl Miller v. Honorable Louie L. Wainwright
  213 So. 2d 290· Fla. 1st DCA· 1968-08-20 ·cited 2×
  The court held that conflicting facts regarding a petitioner's waiver of appeal rights necessitate an evidentiary hearing to determine if the waiver was knowing and intelligent.
• DAY v. Herbert Nelson and wife
  213 So. 2d 497· Fla. 2d DCA· 1968-08-14 ·cited 2×
  The court held that the trial court correctly discharged the writ of habeas corpus and granted custody to the appellees, finding the children's best interests were served by remaining with them.
• Melquist v. Pate
  398 F.2d 818· 7th Cir.· 1968-07-24 ·cited 2×
  The court held that the petitioner was properly arrested by DuPage County officials and their detention was legal, affirming the district court's denial of the habeas corpus petition.
• United States ex rel. Gordon Jay Thompson v. Parker
  399 F.2d 774· 3d Cir.· 1968-07-12 ·cited 2×
  The district court correctly denied the habeas corpus petition because the military courts gave full and fair consideration to the appellant's constitutional claims regarding the admissibility of his statements.
• van Skike v. Beto
  398 F.2d 407· 5th Cir.· 1968-07-11 ·cited 2×·via Habeas Corpus Petition
  The court held that the district court did not err in refusing to entertain a voluntariness issue for the first time on federal habeas corpus when it was not raised in state court.
• Cloud v. State OF La.
  397 F.2d 252· 5th Cir.· 1968-06-19 ·cited 2×·via Habeas Corpus Petition
• Zerschausky v. Beto
  396 F.2d 356· 5th Cir.· 1968-06-12 ·cited 2×
  The court held that the appellant waived his right to present testimony from witnesses indicted as accessories by voluntarily choosing not to call them at trial.
• Holloway v. Dutton
  396 F.2d 127· 5th Cir.· 1968-06-10 ·cited 2×
  The court held that the district court erred in denying a habeas corpus petition without a hearing, as the petitioner's allegations were sufficient to warrant one.
• Fisherman v. Achuff
  392 F.2d 587· 9th Cir.· 1968-04-09 ·cited 2×·via Habeas Corpus Petition
  The dissenting judge believes the majority's suggestions to the district court regarding state relief are unnecessary and potentially exceed constitutional powers.
• Becker v. Beto
  391 F.2d 904· 5th Cir.· 1968-04-08 ·cited 2×·via Habeas Corpus Petition
  The court held that the appellant's claims were without merit because the cited Supreme Court decisions were not retroactive and there was no showing of constitutional violation.
• Johnson v. Louie L. Wainwright
  208 So. 2d 505· Fla. 1st DCA· 1968-03-28 ·cited 2×
  Jim Johnson petitioned for a writ of habeas corpus claiming he was illegally detained and that jail time spent on parole commission warrants should have been credited toward his prison sentence. The court remanded the case, finding that while the parole revocation hearing did not
• Collins v. State
  387 F.2d 636· 5th Cir.· 1968-01-12 ·cited 2×
  The court held that the district court erred in denying a habeas corpus petition without a hearing when the petition alleged facts entitling the petitioner to relief, and the state conceded those facts and a factual error by the lower court.
• Chick v. Wingo
  387 F.2d 330· 6th Cir.· 1967-12-27 ·cited 2×
  The court held that the district court did not err in denying an evidentiary hearing on the habeas corpus petition, as a full and fair evidentiary hearing had already been conducted in state court.
• Robinson v. Louie L. Wainwright
  387 F.2d 438· 5th Cir.· 1967-12-21 ·cited 2×
  The court held that the petitioner's argument that he should receive credit for time served under a vacated sentence on a subsequent sentence was without merit.
• Desrosiers v. State
  204 So. 2d 923· Fla. 1st DCA· 1967-12-14 ·cited 2×·via Habeas Corpus Petition
  The court dismissed the direct appeal for failure to comply with appellate rules but denied the petition for writ of habeas corpus.
• Lennart A. Benson v. State Bd. OF Parole & Prob.
  384 F.2d 238· 9th Cir.· 1967-10-23 ·cited 2×
  The court held that the appeal is moot because the appellant's sentence has expired, and therefore, the federal courts lack jurisdiction to grant relief. The court also found that the appellant received effective assistance of counsel.
• Hollis Morton v. Henderson
  389 F.2d 699· 6th Cir.· 1967-10-17 ·cited 2×·via Writ Of Habeas Corpus
  The court held that the District Court did not err in denying the petition for a writ of habeas corpus, as the state courts had given full consideration to the petitioner's contentions.
• Walker v. Louie L. Wainwright
  202 So. 2d 850· Fla.· 1967-10-04 ·cited 2×
  Leon Walker sought habeas corpus relief claiming he was denied effective assistance of counsel when his court-appointed appellate attorney was permitted to withdraw and his appeal was dismissed. After the U.S. Supreme Court vacated the Florida Supreme Court's initial denial and r
• Taylor v. Page
  381 F.2d 717· 10th Cir.· 1967-09-05 ·cited 2×
  The court held that the district court did not abuse its discretion in denying the habeas corpus petition, as the state court provided a full and fair hearing.
• Weigand v. Wingo
  380 F.2d 1022· 6th Cir.· 1967-07-26 ·cited 2×
  The court held that a petition for rehearing on an appeal from a probation revocation does not constitute exhaustion of state remedies for post-conviction relief.
• Baez v. Feliz Rodriguez
  381 F.2d 35· 10th Cir.· 1967-07-24 ·cited 2×
  The court held that prior procedural defects were waived by the voluntary entry of a guilty plea.
• McMILLAN v. Parker
  378 F.2d 444· 3d Cir.· 1967-06-06 ·cited 2×
  The court held that the parole statute prohibits crediting time spent on parole towards the original sentence, and the constitutional claim was without merit.
• Burns v. State OF Ala.
  377 F.2d 233· 5th Cir.· 1967-05-19 ·cited 2×
  The court held that the record did not establish as a matter of law that the appellant had failed to exhaust state remedies, as the timing of his appeal notice relative to the ten-day transcript request period was unclear.
• Case v. Crouse
  376 F.2d 586· 10th Cir.· 1967-04-19 ·cited 2×
  The court held that the prisoner's claims did not warrant an evidentiary hearing and that the allegations, even if true, did not establish a right to release.
• United States ex rel. Robert Hartgraves v. Pate
  375 F.2d 289· 7th Cir.· 1967-03-30 ·cited 2×
  The court held that the state court's finding of voluntariness was supported by the record, and thus the federal district court did not err in denying an evidentiary hearing or the writ of habeas corpus.