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 advising a guilty plea to avoid a mandatory life sentence, even with knowledge of prior insanity commitments, does not constitute ineffective assistance of counsel.
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330 F.2d 1003·
5th Cir.·
1964-04-28
·cited 2×
The court held that the appellant was not deprived of a federally protected right, and therefore the writ of habeas corpus was properly denied.
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161 So. 2d 3·
Fla.·
1964-02-19
·cited 2×
In this habeas corpus proceeding, the Florida Supreme Court reviewed a Commissioner's findings regarding allegations that Robert Shuler and Jerry Chatman's capital rape convictions were obtained through suppressed evidence, falsified footprint casts, and prosecutorial misconduct.
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327 F.2d 693·
10th Cir.·
1964-02-03
·cited 2×
The court held that prolonged detention before charges and lack of counsel at a preliminary hearing do not violate constitutional rights if no confession is obtained and a fair trial is otherwise provided.
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The court held that the denial of the writ of habeas corpus was proper, as the appellant remained subject to military law and court-martial jurisdiction.
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The court held that the petitioner had not exhausted his available state remedies, and thus the federal court was not required to grant a hearing on his habeas corpus petition.
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John Henry Gafford sought habeas corpus relief from his state prison sentence, but the Florida Supreme Court denied the petition because he failed to exhaust his remedies under Criminal Procedure Rule #1 before seeking collateral relief.
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22 Fla. Supp. 37·
Dade Cty. Cir. Ct.·
1963-09-19
·cited 2×
Frank West challenged his one-year jail sentence for driving under the influence on habeas corpus, arguing he was convicted as a first offender but sentenced as a third offender. The court granted the writ, holding that enhanced sentencing for repeat offenses requires explicit ch
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The court held that the search warrant and affidavit were valid, and the search was not unlawful, thus denying the petition for a writ of habeas corpus.
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319 F.2d 771·
4th Cir.·
1963-06-29
·cited 2×
The court held that a conviction obtained without counsel is invalid under Gideon v. Wainwright, but a double jeopardy claim regarding recidivist sentencing must first be raised in state court.
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321 F.2d 535·
6th Cir.·
1963-06-28
·cited 2×
The court held that the federal district court correctly denied the petition for a writ of habeas corpus because the petitioner failed to exhaust his available state remedies.
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316 F.2d 603·
2d Cir.·
1963-05-01
·cited 2×
The court held that the State did not lack diligence in revoking parole, as there was no evidence the Parole Board knew of the petitioner's prior conviction before he admitted it, and the Board was not obligated to proactively search court records.
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315 F.2d 393·
8th Cir.·
1963-04-12
·cited 2×
A prisoner's erroneous sentencing to a state prison instead of a reformatory, when no substantial differences in conditions or consequences exist between the institutions, does not constitute a Fourteenth Amendment violation cognizable in federal habeas corpus.
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312 F.2d 308·
2d Cir.·
1963-01-16
·cited 2×
The court affirmed the denial of the writ of habeas corpus, finding no merit to the relator's speedy trial claim.
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310 F.2d 460·
7th Cir.·
1962-11-30
·cited 2×
The court held that the Illinois statute dictates that a subsequent sentence does not commence until the expiration of a former sentence when the prisoner is taken from the penitentiary for trial. Therefore, the petitioner's second sentence was validly imposed.
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The court held that the appellant's application for a writ of habeas corpus was properly denied without a hearing because he had not first applied to his committing court for a determination of competency.
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308 F.2d 586·
7th Cir.·
1962-10-05
·cited 2×
The court held that the petitioner was not denied equal protection by being quarantined during the period for filing a new trial motion, and that the issue regarding the Public Defender's refusal to assist with an appeal was not properly raised in the District Court.
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Eugene Tyndall petitioned for habeas corpus after his probation was revoked and he was sentenced to imprisonment for manslaughter. The Florida Supreme Court addressed whether the trial judge properly revoked probation without holding a hearing after Tyndall allegedly denied the v
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The Florida Supreme Court granted a writ of habeas corpus to Gary Thomas Morgan, finding his imprisonment illegal due to non-compliance with a statutory notice requirement. The court ordered his release pending further proceedings on the escape charge.
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The court held that the district court was not required to issue a writ of habeas corpus or grant a hearing on the question of release from federal custody, as the situation had not yet reached a point where such relief was warranted.
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Habeas corpus is not a substitute for appeal and cannot determine guilt or sufficiency of evidence.
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133 So. 2d 74·
Fla.·
1961-09-22
·cited 2×
The court held that a parole revocation tied to the expiration of void sentences is ineffective, and the parole revocation should apply as if its effective date was not qualified by the void sentences.
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293 F.2d 563·
2d Cir.·
1961-08-17
·cited 2×
The court held that the petitioner's constitutional rights were not violated by the state court proceedings, and thus denied his petition for a writ of habeas corpus.
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A state court conviction based on a guilty plea, even without counsel, may stand if the defendant knowingly and intentionally waived the offer of counsel and the proceedings were not fundamentally unfair.
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293 F.2d 29·
9th Cir.·
1961-06-23
·cited 2×
The court denied the petition for a writ of habeas corpus, finding no merit in the petitioner's claims and noting his noncompliance with procedural rules.
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The court held that habeas corpus is not a substitute for appeal and cannot be used to challenge a conviction where the sentencing court had jurisdiction and the sentence was not void.
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The court held that habeas corpus is not available for non-physical restraints or economic duress.
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A state prisoner seeking federal habeas corpus relief based on a state conviction used for increased punishment must first exhaust available state remedies to challenge that conviction and its classification as a felony under the sentencing state's law.
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285 F.2d 590·
5th Cir.·
1961-01-23
·cited 2×
The court held that the trial court's findings that the confession was voluntary and counsel was not ineffective were supported by the record.
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284 F.2d 335·
6th Cir.·
1960-12-13
·cited 2×
The court held that it lacked jurisdiction to hear the appeal because no notice of appeal was filed in the district court, and even if it had jurisdiction, the appellant's claims did not constitute a violation of federal constitutional rights.
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284 F.2d 306·
4th Cir.·
1960-11-17
·cited 2×
The court held that the prisoner had not exhausted state remedies and the appeal should be dismissed for want of a certificate of probable cause.
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This case involves a habeas corpus petition filed by a sixteen-year-old who was sentenced for robbery. The petitioner claims he did not receive statutory notice required for minors before trial. The Florida Supreme Court referred the case to a circuit judge to determine if the no
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283 F.2d 725·
9th Cir.·
1960-10-03
·cited 2×
The court held that the requested relief, compelling a non-party to produce documents, was not available in the current proceeding, which was not a pending action for habeas corpus.
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283 F.2d 365·
D.C. Cir.·
1960-09-08
·cited 2×
The court held that the denial of the habeas corpus petition without a hearing was an error, given the unchallenged allegations of mental incompetence and lack of clear advice regarding counsel.
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A father appealed the dismissal of his habeas corpus petition seeking return of his minor child from the mother in Florida, based on a temporary custody order from a Georgia court. The Florida appellate court affirmed the dismissal, holding that habeas corpus is not the proper re
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279 F.2d 202·
7th Cir.·
1960-06-10
·cited 2×
The appellate court affirmed the district court's denial of the habeas corpus petition, finding no denial of federal due process.
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The court held that the Connecticut Public Defender system is constitutional, but remanded the case for further proceedings to determine if the relator was denied due process due to the timing of counsel assignment and the effectiveness of his representation.
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The court held that the district judge properly conducted an independent review of the evidence and satisfied federal requirements for determining the voluntariness of the confession.
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A federal court should not grant a writ of habeas corpus to a state prisoner alleging perjured testimony if the prisoner presents no new evidence beyond what was before the state jury.
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274 F.2d 853·
6th Cir.·
1960-02-04
·cited 2×
A federal court cannot grant a writ of habeas corpus to compel a state to bring a prisoner to trial on a pending indictment when the prisoner is lawfully serving a sentence for another crime and does not allege unlawful restraint.
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271 F.2d 298·
2d Cir.·
1959-10-15
·cited 2×
The court held that a federal habeas petition failed to state a violation of federal constitutional rights when the petitioner was denied a free transcript for an appeal, as he had counsel and access to the transcript on file.
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The Florida District Court of Appeal granted a writ of habeas corpus, vacating a conviction and sentence because the statute under which the petitioner was convicted had been declared unconstitutional by the Florida Supreme Court.
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267 F.2d 507·
2d Cir.·
1959-01-23
·cited 2×
The court held that the petitioner failed to sustain the burden of proving a lack of due process based on the absence of counsel at sentencing or alleged misapprehension by the sentencing judge.
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The court affirmed the district court's denial of the habeas corpus petition because the petitioner failed to exhaust state remedies.
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The court held that the Texas District Court had inherent power to set a new execution date after previous stays expired, and that the admission of evidence from an allegedly illegal arrest or an involuntary confession does not violate the federal constitution in this context.
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262 F.2d 10·
7th Cir.·
1958-12-31
·cited 2×
The court held that a petitioner's failure to exhaust an adequate state remedy, due to untimely filing without excuse, bars federal habeas corpus relief.
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A judgment of guilt must conform to the offense to which a plea of guilty was entered; one cannot plead guilty to one offense and be adjudged guilty of another.
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255 F.2d 97·
1st Cir.·
1958-05-19
·cited 2×
The court held that the habeas corpus petition was properly denied as the petitioner was not in custody, but the declaratory judgment petition should not have been denied outright due to improper service.