Petition For Writ Of Habeas Corpus

7,518 Florida cases classified under this topic, plus 5,495 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• United States v. Joyner
  486 F.2d 1261· D.C. Cir.· 1973-09-18
• Albert v. Frisby
  486 F.2d 244· 9th Cir.· 1973-08-31
  The court held that the hearing officer's finding of insincerity was not supported by evidence and the denial of discharge was unlawful.
• Mason v. Askew
  484 F.2d 642· 5th Cir.· 1973-08-10
  The court held that a state prisoner challenging the fact of his confinement must first exhaust state remedies via habeas corpus before seeking federal relief under § 1983.
• McCUTCHEON v. Estelle
  483 F.2d 256· 5th Cir.· 1973-08-10 ·via Habeas Corpus Petition
  The Court held that a prior federal conviction used for sentence enhancement remains valid for enhancement purposes even if one of its object offenses is later deemed constitutionally void, as long as the conspiracy count itself remains valid.
• Olds v. Neil
  482 F.2d 301· 6th Cir.· 1973-07-17
  The court held that the petitioner's claims of prejudice from a co-defendant's confession, coerced confession, denial of severance, and denial of appeal were without merit.
• Schoultz v. Warden Carl Hocker
  478 F.2d 842· 9th Cir.· 1973-04-25
  The court held that the California District Court should reconsider the petition in light of subsequent proceedings and the State of California's lack of interest in the conviction.
• Lieutenant (JG) Daniel S. Isbit v. Secretary OF Defense
  476 F.2d 661· 5th Cir.· 1973-04-18
  The court held that the district court erred by considering evidence outside the administrative record when reviewing the denial of a conscientious objector discharge.
• United States ex rel. John Ford v. Henderson
  476 F.2d 939· 5th Cir.· 1973-04-18 ·via Habeas Corpus Petition
  The court held that the appellant's guilty plea was knowingly and understandingly made and that he received effective assistance of counsel.
• Washburn v. Estelle
  476 F.2d 278· 5th Cir.· 1973-04-12 ·via Habeas Corpus Proceedings
  The court held that the appellant's claims of jury exposure to inadmissible evidence and illegal search were not federally reversible errors, lacking record support.
• Breckenridge v. Governor Preston Smith
  476 F.2d 288· 5th Cir.· 1973-04-03 ·via Writ Of Habeas Corpus
• United States ex rel. Joe McGILL v. Schubin
  475 F.2d 1257· 2d Cir.· 1973-04-02 ·via Habeas Corpus Petition
  The court held that denying sentence credit to a conditional releasee who violates the terms of release does not violate the Double Jeopardy Clause or the Equal Protection Clause.
• Williams v. Cardwell
  475 F.2d 1260· 6th Cir.· 1973-03-30
  The court held that the district court's findings of fact were supported by substantial evidence and not clearly erroneous, and that the law was correctly applied.
• Esherick v. Perini
  475 F.2d 577· 6th Cir.· 1973-03-22
  The court held that the appellant failed to exhaust his state remedies regarding his claim of ineffective assistance of counsel.
• Gareau v. United States
  474 F.2d 24· 6th Cir.· 1973-02-15
  The court held that the district court should have treated the habeas petition as a motion in the nature of a writ of error coram nobis and that the appellant's claim was not moot.
• 1st Lt. Richard G. Conway, M.D. v. Lt. General A. D. Surles
  474 F.2d 372· 9th Cir.· 1973-02-05
  The court held that accepting a commission after an induction order does not preclude judicial review of the classification via habeas corpus if the commission offer was contingent on the induction order. The court reversed and remanded for a determination of this contingency.
• Roberts v. State of Fla. & Duval Cnty.
  272 So. 2d 558· Fla. 1st DCA· 1973-02-01
  Donald James Roberts, incarcerated in a federal prison in Texas, petitioned for a writ of habeas corpus, claiming that detainers filed by Florida thwarted his parole opportunity because of pending criminal charges for uttering a worthless check and auto theft. The court denied th
• Robinson v. Beto
  473 F.2d 665· 5th Cir.· 1973-01-29
  The federal court erred in denying the habeas petition for failure to exhaust state remedies, as the state appellate court had already addressed the substantive issue.
• Kemp v. Louie L. Wainwright
  472 F.2d 586· 5th Cir.· 1973-01-22 ·via Habeas Corpus Petition
  A state prisoner must exhaust available state remedies, including Rule 3.850 motions, before seeking federal habeas corpus relief, even if not currently serving the challenged sentence.
• State of Fla. ex rel. Fred Jefferson v. Purdy
  271 So. 2d 117· Fla.· 1972-12-20
  An inmate filed for habeas corpus relief claiming his right to a belated appeal was denied when the district court dismissed his appeal for failure to file a brief and record, due to the loss of the trial transcript by county authorities. The Florida Supreme Court dismissed the p
• Robinson v. State
  270 So. 2d 51· Fla. 2d DCA· 1972-12-06
  The court held that a defendant's claim of being misled into a guilty plea requires a reasonable basis, which was not shown in this case.
• Donnie Lee Sloan v. The State OF Tex.
  469 F.2d 677· 5th Cir.· 1972-11-28 ·via Habeas Corpus Petition
  The appeal is dismissed as moot because the appellant's state habeas corpus petition was granted, leading to his convictions being set aside and new trials ordered.
• Haynes v. State
  269 So. 2d 14· Fla. 1st DCA· 1972-11-21
  Charles Haynes sought a writ of habeas corpus challenging delays in obtaining trial transcripts for his criminal appeal, arguing the delay effectively thwarted his right to appellate review. The court found the habeas petition moot after the transcript was filed, but directed the
• Jenkins v. Wingo
  471 F.2d 292· 6th Cir.· 1972-11-15 ·via Writ Of Habeas Corpus
  The court held that the district judge's finding of a voluntary guilty plea was appropriate based on the state trial court record.
• Perkins v. Craven
  469 F.2d 659· 9th Cir.· 1972-11-15
  The court held that the California Adult Authority had the right to refix the appellant's sentence at maximum after parole suspension because the original sentence had not yet expired.
• Spencer v. Turner
  468 F.2d 599· 10th Cir.· 1972-10-30
  The court held that the prompt, on-the-scene identification of the suspect by the victim did not violate the suspect's due process rights.
• Mitchell v. Eyman
  468 F.2d 856· 9th Cir.· 1972-10-30
  The court held that the appellant's claims were procedurally barred due to failure to exhaust state remedies and that the District Court did not err in denying the habeas corpus petition without an evidentiary hearing.
• Talavera v. Louie L. Wainwright
  468 F.2d 1013· 5th Cir.· 1972-10-26 ·via Habeas Corpus Petition
  The court held that the petitioner was denied due process by the retroactive application of a stricter severance standard and by the summary denial of his motion without an opportunity to present its merits.
• Walker v. Nelson
  468 F.2d 451· 9th Cir.· 1972-10-24
  The court held that there was sufficient probable cause for the arrest and seizure, and that the petitioner's claim had received full and fair consideration in state courts.
• Thomas v. Wingo
  469 F.2d 657· 6th Cir.· 1972-10-16
• Turner v. Genung
  268 So. 2d 394· Fla. 2d DCA· 1972-10-04
  The court granted the appellant's petition for a writ of habeas corpus concerning bail pending appeal, setting bail and directing release.
• van Orden v. Laird
  467 F.2d 250· 10th Cir.· 1972-10-03
  The court held that the appellant was not entitled to pre-induction judicial review of his Selective Service Board's actions because he did not fall within the narrow exceptions to the prohibition against such review.
• Albitez v. Beto
  465 F.2d 954· 5th Cir.· 1972-09-13 ·via Habeas Corpus Petition
  The court held that an affidavit for a search warrant, combining hearsay and personal knowledge, sufficiently established probable cause, and that a magistrate's assistance in preparing the affidavit did not compromise neutrality.
• United States ex rel. Joseph Calabro v. United States Marshal FOR the E. Dist. OF NEW York
  466 F.2d 1350· 2d Cir.· 1972-08-23
  The court held that a petition for habeas corpus was properly denied when a direct appeal was pending and the petitioner had not yet been sentenced.
• Oather James Mannings v. State
  465 F.2d 423· 5th Cir.· 1972-08-02
  The court held that the district court erred in dismissing the habeas corpus petition for failure to exhaust state remedies, given the specific circumstances and relief sought.
• Kemp v. Honorable Judge Marcellus K. Snow & State of Utah
  464 F.2d 579· 10th Cir.· 1972-08-01
  The court held that a defendant is provided with sufficient information to intelligently accept or reject a plea bargain if they are aware of the maximum possible sentence, even if unaware of administrative particularities of sentencing.
• United States ex rel. Charles Burke v. State OF Ill.
  465 F.2d 268· 7th Cir.· 1972-07-28 ·via Writ Of Habeas Corpus
  The court held that the photographic identification and the victim's extended interaction with the officer provided a sufficient independent basis for the in-court identification, thus the denial of the habeas corpus petition was proper.
• Ira Goldsmith v. Louie L. Wainwright
  264 So. 2d 872· Fla. 2d DCA· 1972-07-21
  Goldsmith petitioned for habeas corpus alleging he was denied his right to pursue a direct appeal from his robbery conviction because his court-appointed counsel refused to appeal. The court dismissed the petition, finding that the record showed Goldsmith had in fact pursued mult
• Moultrie v. State OF Ga.
  464 F.2d 551· 5th Cir.· 1972-07-19
  The court held that the speedy trial right does not apply to parole revocation proceedings and that a sentence does not expire while parole is violated.
• Miller v. Hon. Melvin Laird
  464 F.2d 533· 9th Cir.· 1972-07-18
  The court held that the filing of an amended habeas corpus petition relates back to the date of the original petition, preserving jurisdiction even if the petitioner is removed from the district.
• Williams v. Hocker
  463 F.2d 234· 9th Cir.· 1972-07-03 ·via Habeas Corpus Petition
  Federal courts lack jurisdiction to consider claims not presented to state courts, including challenges to evidence, jury instructions, and competency hearings.
• Lenine Strollo v. Alldredge
  463 F.2d 1194· 3d Cir.· 1972-06-30
  A federal court may not entertain a habeas corpus petition if the issue raised is cognizable under 28 U.S.C. § 2255.
• Maddox v. State
  264 So. 2d 34· Fla. 1st DCA· 1972-06-27
  Maddox sought habeas corpus relief challenging his 1968 arrest for vagrancy and murder, his delayed indictment notification (November 1968 to February 1969), and the late appointment of counsel. The court upheld his second-degree murder conviction and life sentence, finding any d
• United States ex rel. Morse Fredric Stein v. Major Roland G. Gillen
  463 F.2d 533· 7th Cir.· 1972-06-20
  The court held that the Selective Service boards lacked a basis in fact for denying the appellant's conscientious objector classification, and the district court erred in upholding that denial.
• United States ex rel. Betty Burton v. Coughlin
  463 F.2d 530· 7th Cir.· 1972-06-15
  The court held that the Illinois Juvenile Court Act provides an adequate substitute for bail, making release upon recognizance inapplicable to proceedings under the Act.
• United States ex rel. Nathaniel Watson H-4614 v. Lindsey
  461 F.2d 922· 3d Cir.· 1972-06-12
  A guilty plea is binding unless counsel's dereliction shows the plea was not knowing and intelligent, requiring proof of counsel's lack of normal competency.
• Alexander v. Louie L. Wainwright
  262 So. 2d 890· Fla. 1st DCA· 1972-06-08
• AIC Charles T. Jensen, II v. Colonel Norman D. Rice
  461 F.2d 1118· 9th Cir.· 1972-06-06
  The petitioner was in custody for habeas corpus purposes, and the district court had jurisdiction to hear his petition.
• Pressel v. State OF Or.
  460 F.2d 313· 9th Cir.· 1972-05-25
  The appellate court affirmed the district court's dismissal of the habeas corpus petition, agreeing that the state courts provided a full and fair hearing and that the confession was voluntary and properly admitted.
• Williams v. Folsom
  261 So. 2d 516· Fla. 1st DCA· 1972-05-09 ·via Writ Of Habeas Corpus
• Chambers v. Brierley
  459 F.2d 1020· 3d Cir.· 1972-05-08 ·via Habeas Corpus Petition
  The court held that the appellant's claims of unfair hearings and ineffective assistance of counsel were without merit.