Petition For Writ Of Habeas Corpus

7,512 Florida cases classified under this topic, plus 5,491 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Junior Lee Williams v. Moore
  262 F.2d 335· 5th Cir.· 1959-01-05 ·cited 2×·via Habeas Corpus Petition
  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.
• United States v. Randolph
  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.
• Broxton B. Thornton v. Culver
  105 So. 2d 489· Fla.· 1958-10-01 ·cited 2×·via Writ Of Habeas Corpus
  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.
• In re Russo
  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.
• The Superior Court OF The State OF Cal. v. United States Dist. Court
  256 F.2d 844· 9th Cir.· 1958-04-07 ·cited 2×·via Writ Of Habeas Corpus
  A federal District Court cannot issue a writ of certiorari to a state court, as such power is reserved for the Supreme Court and is limited to federal questions or inferior federal courts.
• United States ex rel. Fred Hunter v. Bibb
  249 F.2d 839· 7th Cir.· 1957-12-10 ·cited 2×
  The court held that the prisoner's petition for a writ of habeas corpus was properly dismissed for failure to exhaust state remedies and due to pending state proceedings.
• Simpson v. Harley O. Teets
  248 F.2d 465· 9th Cir.· 1957-10-03 ·cited 2×
  The court held that without a certificate of probable cause, an appeal from a denial of a habeas corpus petition is not valid.
• Williams v. Heritage
  250 F.2d 390· 9th Cir.· 1957-05-29 ·cited 2×·via Application For Writ Of Habeas Corpus
  A federal prisoner seeking to challenge his sentence must first apply to the sentencing court under 28 U.S.C.A. § 2255 before seeking habeas corpus in another district.
• Lambert v. Schneckloth
  241 F.2d 711· 9th Cir.· 1957-02-20 ·cited 2×
  A petitioner serving concurrent sentences cannot challenge the validity of a later sentence by habeas corpus if they would still be confined under an earlier, valid sentence.
• Matter of the Application of Dupree POE
  241 F.2d 461· 9th Cir.· 1957-02-08 ·cited 2×
  The court held that a certificate of probable cause should be denied when the petitioner has not exhausted state remedies.
• Chapman v. Warden H. O. Teets of San Quentin
  241 F.2d 186· 9th Cir.· 1957-01-23 ·cited 2×
  The court held that the submitted document could not be entertained as an appeal due to untimeliness and lack of a certificate of probable cause, nor as a habeas corpus petition because the petitioner had not exhausted state remedies and presented an untenable legal argument.
• Garcia v. Brownell
  236 F.2d 356· 9th Cir.· 1956-08-06 ·cited 2×
  The court held that the allegations of the petition, supported by the affidavit, must be taken as true, establishing an existing controversy regarding Garcia's citizenship.
• United States ex rel. Steve Avramovich v. Lehmann
  235 F.2d 260· 6th Cir.· 1956-08-01 ·cited 2×·via Application For Writ Of Habeas Corpus
  The court held that the evidence was sufficient to sustain the deportation order under the Internal Security Act of 1950, and the judiciary cannot question the wisdom of Congress's deportation policies.
• Darcy v. Harley O. Teets
  232 F.2d 732· 9th Cir.· 1956-03-29 ·cited 2×
  The court held that the petitioner's appeal from the denial of habeas corpus relief did not present a substantial question and was not taken in good faith, thus denying the motion to proceed in forma pauperis.
• Application of James Alonzo Rogers For a Writ of Habeas Corpus
  229 F.2d 754· 9th Cir.· 1956-01-20 ·cited 2×
  A court of appeals, as an entity, lacks the statutory authority to issue a certificate of probable cause; only individual judges may do so.
• Henley v. Ellis
  228 F.2d 657· 5th Cir.· 1956-01-06 ·cited 2×·via Habeas Corpus Petition
  The court held that the recital in a judgment that a defendant appeared by counsel is not conclusive and can be overcome by evidence showing the defendant was denied counsel, thus violating due process.
• Franey v. Mayo
  83 So. 2d 421· Fla.· 1955-11-16 ·cited 2×
  L.M. Franey, a prisoner serving multiple sentences imposed by two different courts, petitioned for habeas corpus claiming he had completed his sentence and was entitled to discharge. The Florida Supreme Court affirmed the denial of his petition, holding that sentences from separa
• Lieutenant General W. G. Wyman v. la Rose
  223 F.2d 849· 9th Cir.· 1955-06-16 ·cited 2×
  The court held that the appellee failed to exhaust his administrative remedies by not appealing his final I-A-O classification, thus the district court erred in granting habeas corpus relief.
• United States ex rel. Sebastian Vermiglio v. Butterfield
  223 F.2d 804· 6th Cir.· 1955-06-09 ·cited 2×
  The court held that a mere application for a pardon does not require a stay of deportation and that the relator received a fair hearing during deportation proceedings.
• Chiu BUT HAO v. Barber
  222 F.2d 821· 9th Cir.· 1955-05-13 ·cited 2×
  The court held that the denial of a stay of deportation, based on fear of persecution, is committed to the sound discretion of the Attorney General and does not require a hearing under the Administrative Procedure Act.
• United States ex rel. Alejandro Raca Alcantra v. Boyd
  222 F.2d 445· 9th Cir.· 1955-05-10 ·cited 2×
  The court held that the Immigration and Nationality Act's provision for treating travel from territories as an entry does not apply to a permanent resident alien returning to the continental U.S. from Alaska after temporary seasonal employment.
• Severo Ruiz Chavez v. McGRANERY
  220 F.2d 857· 9th Cir.· 1955-03-29 ·cited 2×·via Writ Of Habeas Corpus
  The court held that the district court's dismissal was proper because the sole defendant served could not provide relief and an indispensable party was absent.
• State of Fla. ex rel. Charlie Copeland, Jr. v. Mayo
  78 So. 2d 399· Fla.· 1955-03-01 ·cited 2×·via Writ Of Habeas Corpus
  Charlie Copeland petitioned for habeas corpus challenging the legality of his death sentence for rape, arguing that a 1953 amendment to the Child Molester Act should have limited his sentence to 25 years rather than death. The Florida Supreme Court denied the petition, holding th
• State of Minn. v. Swenson
  217 F.2d 66· 8th Cir.· 1954-12-06 ·cited 2×
  The court held that the petitioner had not exhausted his state remedies and that his detention was lawful, thus affirming the denial of his habeas corpus petition.
• Cruysen v. Scudder
  215 F.2d 512· 9th Cir.· 1954-08-13 ·cited 2×
  The court held that the federal district court lacked jurisdiction because the petitioner had not exhausted his state remedies, specifically by failing to petition the California state courts for a writ of habeas corpus.
• King v. United States
  214 F.2d 712· 10th Cir.· 1954-08-02 ·cited 2×·via Writ Of Habeas Corpus
  The court held that the petitioner's guilty pleas admitted the facts charged, and the counts in the indictment charged separate and distinct offenses, thus the sentences were not void.
• Rubenstein v. Wilson
  212 F.2d 631· D.C. Cir.· 1954-05-10 ·cited 2×
  The court held that the district court should not have dismissed the habeas corpus petition based solely on the civilian employment contract, as further evidence is needed to determine the actual relationship with the Armed Forces.
• Samaniego v. Brownell
  212 F.2d 891· 5th Cir.· 1954-05-06 ·cited 2×
  The court held that the appellant's petition for a writ of habeas corpus was prematurely filed because he failed to exhaust his administrative remedies under the applicable immigration statutes.
• Nelson v. Peckham
  210 F.2d 574· 4th Cir.· 1954-02-09 ·cited 2×
  The court held that while it cannot compel the granting of a commission, it can order a dentist's release from service if the statutory condition of commensurate rank and grade is not met.
• Garcia v. Landon
  207 F.2d 693· 9th Cir.· 1953-09-29 ·cited 2×
  The court held that the appellant's contentions regarding the unconstitutionality of the Act, insufficiency of evidence, and unfair hearing were without merit.
• United States ex rel. Hyndman v. Holton
  205 F.2d 228· 7th Cir.· 1953-06-23 ·cited 2×·via Writ Of Habeas Corpus
  The court held that the Attorney General did not abuse his discretion in denying bail to the appellant, and the government acted within its sound discretion.
• United States ex rel. Lavelle v. FAY
  205 F.2d 294· 2d Cir.· 1953-06-04 ·cited 2×
  The court held that a common law writ of error coram nobis is the appropriate remedy to challenge the validity of a federal conviction, not a writ of habeas corpus in this instance.
• Galloway v. Dowd
  204 F.2d 524· 7th Cir.· 1953-05-22 ·cited 2×
  Federal courts must deny habeas corpus petitions if the petitioner has failed to exhaust available state remedies, including timely raising constitutional issues according to state procedural rules.
• United States ex rel. Sholter v. Claudy
  203 F.2d 805· 3d Cir.· 1953-05-06 ·cited 2×
  The court held that a habeas corpus proceeding is not a criminal proceeding, and therefore, the Fourteenth Amendment does not require the state to provide counsel for a prisoner seeking release through habeas corpus.
• United States ex rel. Scott v. Babb
  199 F.2d 804· 7th Cir.· 1952-11-14 ·cited 2×
  A judge's original oath of office is sufficient for duties assigned outside their primary court, even if those duties are in a different court, provided the assignment is proper under state law.
• Sorrentino v. Swope
  198 F.2d 789· 9th Cir.· 1952-09-05 ·cited 2×
  A federal prisoner seeking to challenge his sentence must first utilize the remedy provided by 28 U.S.C. § 2255, and habeas corpus is not an available alternative unless the § 2255 remedy is shown to be inadequate or ineffective.
• Frazier v. Ellis
  196 F.2d 231· 5th Cir.· 1952-05-02 ·cited 2×
  The court held that the trial court did not err in denying the writ of habeas corpus and that the appellant's claims regarding the denial of his appeal were previously adjudicated by state courts.
• Orloff v. Willoughby
  195 F.2d 209· 9th Cir.· 1952-03-13 ·cited 2×·via Writ Of Habeas Corpus
• Miley v. Lovett
  193 F.2d 712· 4th Cir.· 1952-01-24 ·cited 2×
  An Army Reserve officer's commission, appointed under Section 37 of the National Defense Act during wartime, continues in force for five years or until six months after the termination of the war, whichever is longer.
• Waldon v. Swope
  193 F.2d 389· 9th Cir.· 1951-12-14 ·cited 2×·via Writ Of Habeas Corpus
  The court held that a petitioner cannot challenge an erroneous fine via habeas corpus after it has been partially collected, nor can they challenge their absence from a sentence modification proceeding that was favorable to them. Furthermore, the issue of jury composition was wai
• Scott v. Welch
  192 F.2d 676· 4th Cir.· 1951-11-27 ·cited 2×·via Writ Of Habeas Corpus
  A petition for a writ of habeas corpus was properly denied because the remedy under 28 U.S.C. § 2255 was not shown to be inadequate or ineffective.
• Weber v. Steele
  191 F.2d 815· 8th Cir.· 1951-10-09 ·cited 2×·via Writ Of Habeas Corpus
• Von Moltke v. United States
  189 F.2d 56· 6th Cir.· 1951-04-06 ·cited 2×
  The court held that the petitioner failed to meet her burden of proof in a collateral attack on her conviction, and the district court's findings of fact were supported by the evidence.
• Williams v. Swope
  186 F.2d 897· 9th Cir.· 1951-01-22 ·cited 2×
  The court held that the petitioner intelligently and voluntarily waived his right to counsel, and the sentencing judge fulfilled his duty to protect the petitioner's constitutional rights.
• Hinley v. Burford
  183 F.2d 581· 10th Cir.· 1950-07-26 ·cited 2×·via Writ Of Habeas Corpus
  The court held that a writ of habeas corpus must be denied if there is no evidence that the prosecution knowingly used perjured testimony to obtain a conviction.
• Price v. Swope
  178 F.2d 273· 9th Cir.· 1949-12-14 ·cited 2×
  The court held that the trial court did not err in dismissing the petition for a writ of habeas corpus, as the appellant failed to prove the government knowingly used perjured testimony or deprived him of his right to appeal.
• Brandenburg v. Steele
  177 F.2d 279· 8th Cir.· 1949-10-20 ·cited 2×
  The court held that the appellant's conviction was not a denial of due process, as the procedure followed was authorized by statute and rules.
• United States ex rel. Morrison v. Foster
  175 F.2d 495· 2d Cir.· 1949-06-16 ·cited 2×·via Writ Of Habeas Corpus
  The court held that the denial of the petition for a writ of habeas corpus was correct because the appellant was properly indicted and his constitutional rights were not violated.
• Rogers v. Squier
  174 F.2d 348· 9th Cir.· 1949-05-04 ·cited 2×
  The court held that the petitioner waived his right to challenge the jury composition by failing to raise the issue at trial.
• Lynch v. Swope
  172 F.2d 301· 9th Cir.· 1949-01-19 ·cited 2×·via Application For Writ Of Habeas Corpus
  The court held that a habeas corpus petition cannot be used as a substitute for a direct appeal when the petitioner had the opportunity to appeal a conviction.