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

• Walter v. Louie L. Wainwright
  373 F.2d 322· 5th Cir.· 1967-02-21 ·cited 2×·via Habeas Corpus Petition
  The court held that a hearing should have been granted on both the petitioner's claim of a coerced confession and his claim of ineffective counsel for failure to advise him of his right to appeal.
• Faustino S. Morales v. Rodriguez
  373 F.2d 15· 10th Cir.· 1967-02-15 ·cited 2×·via Habeas Corpus Proceedings
  The court held that the appellant failed to meet the burden of proving the state court's finding of voluntariness was erroneous, under the amended federal habeas corpus statute.
• Fay William Bonner v. Beto
  373 F.2d 301· 5th Cir.· 1967-02-15 ·cited 2×
  The application of Texas Code of Criminal Procedure Article 711, which rendered a co-principal incompetent to testify for the accused, deprived the appellant of liberty without due process of law under the Fourteenth Amendment.
• Winter v. Crowley
  374 F.2d 317· D.C. Cir.· 1967-02-08 ·cited 2×
  The court held that dismissing an appeal for failure to file a brief on time was an abuse of discretion when the appeal had merit and the delay was minor and unexplained by prejudice.
• United States ex rel. Edward Gist v. Rundle
  371 F.2d 407· 3d Cir.· 1967-01-20 ·cited 2×
  The court held that the admission of a prior conviction for a concealed weapon offense, even if prejudicial, did not deprive the appellant of due process or effective assistance of counsel under the circumstances.
• Buchanan v. The State OF Okla.
  370 F.2d 199· 10th Cir.· 1966-12-19 ·cited 2×·via Habeas Corpus Petition
  The court held that the appellant was not deprived of his constitutional right to appeal because his retained counsel represented him when the appeal deadline expired and beyond, and the state courts' interpretation of appeal statutes was consistent.
• Alton M. Thomas v. Page
  368 F.2d 180· 10th Cir.· 1966-10-28 ·cited 2×
  The court held that the appellant's constitutional arguments regarding sentencing were without substance and that the state statute was uniformly applied.
• Wright v. Gibson
  367 F.2d 390· 5th Cir.· 1966-10-25 ·cited 2×·via Habeas Corpus Petition
  The court held that the appellant's sentence was correctly recorded as four years, not two, and therefore his habeas corpus petition was properly denied.
• Skipper v. Shovlin
  368 F.2d 954· 3d Cir.· 1966-10-21 ·cited 2×
  The court held that the district court erred in denying the petition solely on the grounds of failure to exhaust state remedies without determining if those remedies were applicable to the specific due process claims raised.
• Palumbo v. State OF NEW Jersey & Howard Yeager
  366 F.2d 826· 3d Cir.· 1966-10-06 ·cited 2×
  The court held that the petitioner had fair notice of the crime for which he was convicted, and that the amendment to the indictment and the introduction of certain evidence did not violate his constitutional rights.
• State of Fla. ex rel. Verle Gaylord Lehman v. Buchanan
  190 So. 2d 594· Fla. 3d DCA· 1966-10-05 ·cited 2×
  A drunk driving defendant challenged the validity of a Metropolitan Dade County traffic ordinance under which he was arrested, arguing the ordinance's title was insufficient and its minimum penalty exceeded the state law minimum. The Florida appellate court upheld the ordinance a
• Eason v. Dunbar
  367 F.2d 381· 9th Cir.· 1966-10-04 ·cited 2×
  The court held that the appellant's sentence was not increased ex post facto by a 1951 amendment, as California law already treated sentences with a minimum term and no maximum as life sentences.
• Campfield v. State
  189 So. 2d 642· Fla. 2d DCA· 1966-08-31 ·cited 2×·via Writ Of Habeas Corpus
  Roland Campfield was convicted of robbery after trial with a co-defendant. He appealed on grounds that the trial court erred in admitting his co-defendant's confession at trial and in denying his motion for severance. The appellate court affirmed the conviction, finding no revers
• Blockyou v. Crouse
  364 F.2d 804· 10th Cir.· 1966-08-11 ·cited 2×
  The court held that the failure to obtain a transcript of a prior mistrial did not deny the appellant his constitutional rights.
• Oliver v. State OF Cal.
  364 F.2d 311· 9th Cir.· 1966-07-26 ·cited 2×
  The court held that the petitioner's claims were not retroactively applicable under Escobedo, and thus the district court properly denied his habeas corpus petition.
• Berry v. People OF the State OF Cal.
  363 F.2d 754· 9th Cir.· 1966-07-22 ·cited 2×·via Writ Of Habeas Corpus
  The court held that the denial of the writ of habeas corpus must be affirmed because the applicant failed to provide any facts to support a claim of constitutional right denial.
• Davis v. Crouse
  363 F.2d 382· 10th Cir.· 1966-07-18 ·cited 2×
  A federal court may not grant a writ of habeas corpus without a hearing if the petitioner has not exhausted available state remedies.
• Waldon v. United States
  362 F.2d 155· 7th Cir.· 1966-06-07 ·cited 2×·via Habeas Corpus Proceedings
  The court affirmed the denial of the motion to vacate the judgment, finding that the issues raised had been previously decided or waived, and that the sentence correction was favorable to the defendant.
• Shuman v. Peyton
  361 F.2d 646· 4th Cir.· 1966-05-30 ·cited 2×
  The court held that the petitioner was not denied effective assistance of counsel and intelligently waived his right to a jury trial by pleading guilty.
• Allen v. Heer
  361 F.2d 481· 6th Cir.· 1966-05-20 ·cited 2×
  The court held that the appellant's re-confinement was proper and no constitutional rights were denied.
• Foster v. United States
  359 F.2d 497· 8th Cir.· 1966-05-03 ·cited 2×
  The court held that ineffective assistance of counsel is immaterial to the validity of a voluntary and understanding guilty plea, and affirmed the denial of the habeas corpus petition.
• State v. Dennis
  185 So. 2d 12· Fla. 3d DCA· 1966-04-12 ·cited 2×·via Habeas Corpus Proceedings
  The court held that a minor previously adjudicated delinquent does not require a hearing within two days to justify continued detention.
• Harper v. Louie L. Wainwright
  184 So. 2d 881· Fla.· 1966-04-06 ·cited 2×·via Writ Of Habeas Corpus
  The Florida Supreme Court denied a petition for a writ of habeas corpus, finding that the petitioner's claims regarding his new trial motion and denial of appellate counsel should first be addressed by the trial court.
• France v. United States
  358 F.2d 946· 10th Cir.· 1966-04-04 ·cited 2×
  The court held that the appellant failed to present sufficient evidence to support his claim of mental incompetence or narcotic influence at the time of his guilty plea.
• Reed v. Ciccone
  357 F.2d 926· 8th Cir.· 1966-04-01 ·cited 2×
  The appeal is dismissed because the commitment was properly signed and a related appeal in another circuit has rendered this appeal moot.
• Vertree v. Louie L. Wainwright
  184 So. 2d 420· Fla.· 1966-03-23 ·cited 2×·via Application For Writ Of Habeas Corpus
  The Florida Supreme Court discharged a writ of habeas corpus, allowing the petitioner to reapply for relief in the trial court. This was based on a subsequent ruling that might entitle him to an evidentiary hearing.
• Grant v. State
  183 So. 2d 596· Fla. 1st DCA· 1966-02-24 ·cited 2×
  Ernest Eugene Grant challenged a Florida Department of Corrections rule denying statutory gain time to inmates in maximum security confinement. The court affirmed the denial of habeas corpus relief, finding that Grant was lawfully detained and that habeas corpus is not the proper
• Naillieux v. Crouse
  356 F.2d 499· 10th Cir.· 1966-02-15 ·cited 2×
  The court held that the district court's dismissal order lacked specificity for appellate review and remanded for further proceedings.
• Grear v. Maxwell
  355 F.2d 991· 6th Cir.· 1966-02-09 ·cited 2×·via Writ Of Habeas Corpus
  The court held that the appellant was not subjected to double jeopardy by the juvenile court proceedings and that the legality of his psychiatric commitment was irrelevant to his current habeas corpus petition.
• Whitley v. State OF N.C.
  357 F.2d 75· 4th Cir.· 1966-02-07 ·cited 2×
  The court held that the District Court erred in dismissing the habeas corpus petition for failure to exhaust state remedies, as the state court had already considered the petitioner's constitutional claims.
• United States ex rel. Clarence Hamilton v. Maroney
  355 F.2d 441· 3d Cir.· 1966-01-28 ·cited 2×
  The court held that the lower court misconstrued the petitioner's filing as a petition for habeas corpus instead of a petition for removal of a state court proceeding.
• Olguin v. COX
  355 F.2d 479· 10th Cir.· 1966-01-24 ·cited 2×·via Writ Of Habeas Corpus
  The court held that defects in proceedings prior to arraignment and trial were waived absent a showing of prejudice.
• Williams v. COX
  355 F.2d 667· 10th Cir.· 1965-12-21 ·cited 2×·via Habeas Corpus Petition
  The court held that the evidence supported the trial court's findings that the defendant was represented by counsel of his choice, competently waived his right to a preliminary examination, and voluntarily entered a plea of guilty to second-degree murder.
• United States ex rel. Floyd C. Frierson v. Pate
  354 F.2d 588· 7th Cir.· 1965-12-20 ·cited 2×
  The court held that the district court should abstain from exercising habeas corpus jurisdiction pending state court disposition of the arrest warrant's validity, and affirmed the dismissal on that basis.
• Holley v. Cheuvront
  351 F.2d 615· 9th Cir.· 1965-10-26 ·cited 2×
  The court held that the district court correctly dismissed the petition against the clerk and denied it against the warden because the state prisoner had not exhausted his state court remedies.
• Denver Powell v. Maxwell
  350 F.2d 353· 6th Cir.· 1965-08-31 ·cited 2×·via Writ Of Habeas Corpus
  The court held that the trial court's procedure for determining the voluntariness of the confession, consistent with Jackson v. Denno, satisfied constitutional requirements, and affirmed the denial of the habeas corpus petition.
• Russell v. Maxwell
  348 F.2d 908· 6th Cir.· 1965-07-22 ·cited 2×
  Federal courts lack jurisdiction to grant habeas corpus relief until state remedies are exhausted.
• Foster v. United States
  345 F.2d 675· 6th Cir.· 1965-05-20 ·cited 2×·via Habeas Corpus Proceedings
  The court held that illegal arrest, detention, and sufficiency of evidence are not grounds for relief under 28 U.S.C.A. § 2255, and counsel is not constitutionally required for such collateral attacks.
• Webb v. Peyton
  345 F.2d 521· 4th Cir.· 1965-05-06 ·cited 2×·via Habeas Corpus Petition
  The court held that the district court did not err in discharging the prisoner without requiring further state court proceedings due to exceptional circumstances.
• United States ex rel. Harry Baldridge v. Pate
  343 F.2d 537· 7th Cir.· 1965-04-07 ·cited 2×·via Habeas Corpus Petition
  The court held that the district court's finding that counsel was appointed was insufficient to determine if petitioner was actually represented at the guilty plea.
• United States ex rel. John W. Harton v. Wilkins
  342 F.2d 529· 2d Cir.· 1965-03-10 ·cited 2×·via Habeas Corpus Petition
  The court held that the revocation of probation and imposition of a jail sentence, when the petitioner was unrepresented by counsel, constituted a critical stage and rendered that specific judgment invalid for multiple offender sentencing purposes.
• Jackson v. State
  172 So. 2d 7· Fla. 1st DCA· 1965-02-23 ·cited 2×
  A. C. Jackson appeals the denial of his habeas corpus petition seeking credit for time served under a void sentence in one criminal case toward his sentence in an unrelated subsequent case. The Florida appellate court affirmed the trial court's denial, holding that time served un
• Richardson v. Louie L. Wainwright
  171 So. 2d 375· Fla.· 1965-02-03 ·cited 2×·via Writ Of Habeas Corpus
  The Florida Supreme Court denied a habeas corpus petition, holding that time spent on parole must be excluded when calculating the completion of a sentence. This ensures that parole violations do not count towards serving the sentence.
• Pruitt v. Peyton
  338 F.2d 859· 4th Cir.· 1964-11-19 ·cited 2×
  The court held that the prisoner may be entitled to an evidentiary hearing to determine if he knowingly and understandingly abandoned or deliberately bypassed state court remedies.
• Jones v. Davis
  336 F.2d 594· 6th Cir.· 1964-09-22 ·cited 2×·via Application For Writ Of Habeas Corpus
  The District Court properly denied the writ of habeas corpus because the petitioner has an available post-conviction remedy in the state courts.
• Arley Ward v. Page
  336 F.2d 602· 10th Cir.· 1964-09-04 ·cited 2×
  The court held that the trial court erred by failing to make findings on the voluntary nature of the guilty plea.
• Hughes v. Burke
  334 F.2d 795· 7th Cir.· 1964-07-23 ·cited 2×
  A state prisoner's earned good time credit is subject to forfeiture for parole violations, and the state legislature is not constitutionally required to provide a hearing with counsel before revoking parole.
• Greyson v. Commonwealth OF Ky. & David L. Davis
  333 F.2d 583· 6th Cir.· 1964-06-24 ·cited 2×
  The court held that the appellant was not entitled to federal habeas corpus relief based on the merits of his claims, agreeing with the district court's denial.
• United States ex rel. William Wilson v. Pate
  332 F.2d 886· 7th Cir.· 1964-06-12 ·cited 2×
  The court held that the district court did not err in dismissing the habeas corpus petition because the petitioner failed to prove the state knowingly used perjured testimony and the exclusion of certain documents was not reversible error.
• Perez v. Louie L. Wainwright
  164 So. 2d 823· Fla.· 1964-06-03 ·cited 2×·via Writ Of Habeas Corpus
  Andrew Perez petitioned for habeas corpus challenging the Division of Corrections' failure to credit him with 112 days spent in jail awaiting his first trial. The Florida Supreme Court held that despite statutory requirements for specific designation of jail time credit, the tria