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

• Robertson v. Haynes
  459 F.2d 456· 8th Cir.· 1972-05-05 ·via Habeas Corpus Petition
  The court held that the pretrial identification procedures used were not unconstitutional and that the defendant was afforded a full and fair evidentiary hearing in state court.
• Rayfield Moore v. Louie L. Wainwright
  458 F.2d 982· 5th Cir.· 1972-04-17 ·via Habeas Corpus Petition
  The court held that the district court's denial of habeas corpus relief regarding the alleged promise about prior convictions was premature, requiring exhaustion of state remedies.
• Allen v. Perini
  458 F.2d 233· 6th Cir.· 1972-04-06 ·via Habeas Corpus Petition
  The court held that the appellant failed to prove his guilty plea was involuntary or that his counsel's assistance was ineffective, despite potential Miranda violations.
• Miller v. The United States Army
  458 F.2d 388· 10th Cir.· 1972-03-27 ·via Habeas Corpus Petition
  The court held that the petitioner is entitled to consideration of his conscientious objector claim on the merits, as prior precedent regarding exhaustion of military remedies is no longer controlling.
• Marble v. Edwards
  457 F.2d 759· 5th Cir.· 1972-03-24
  The court held that a habeas corpus petition alleging suppression of favorable evidence and knowing use of perjured testimony requires an evidentiary hearing if no such hearing has been held previously.
• Webb v. Beto
  457 F.2d 346· 5th Cir.· 1972-03-17
  A conviction under a repealed statute, even after state appellate affirmance, remains invalid if the case was pending before the U.S. Supreme Court on certiorari when the statute was repealed without a saving clause.
• Choung v. Misterly
  456 F.2d 176· 9th Cir.· 1972-03-06
  A state prisoner on bail at the time of filing a federal habeas corpus petition is not considered 'in custody' for jurisdictional purposes under 28 U.S.C. § 2241(c)(3).
• Lindsay v. Mitchell
  455 F.2d 917· 5th Cir.· 1972-02-25
  The court held that the district court erred in failing to consider the prisoner's claim regarding deprivation of good-time credit.
• Kirchhoff v. Major William D. McLARTY
  453 F.2d 1097· 10th Cir.· 1972-01-24
  The court held that the registrant's additional hardship information did not constitute new facts sufficient to require the board to reopen his classification, and therefore, there was a basis in fact for the I-A classification.
• Thompson v. Louie L. Wainwright
  453 F.2d 751· 5th Cir.· 1972-01-11 ·via Habeas Corpus Proceedings
• John Richard (Dick) Anderson. v. Warden Ray H. Page & the State of Okla.
  454 F.2d 432· 10th Cir.· 1972-01-07
  The court held that the district court erred in denying the petition for habeas corpus without an evidentiary hearing, as the record was insufficient to establish a waiver of appeal on the merits.
• United States ex rel. John J. Starshak, Jr. v. Custodians
  455 F.2d 221· 7th Cir.· 1972-01-04
  The court held that the district court erred in dismissing the habeas corpus petition without issuing an order to show cause.
• Jackson v. Caldwell
  452 F.2d 1068· 5th Cir.· 1972-01-03
  A state prisoner must exhaust state remedies before seeking federal habeas corpus relief, even if the prisoner believes state remedies would be futile.
• McDONOUGH v. United States
  452 F.2d 1075· 1st Cir.· 1971-12-29 ·via Habeas Corpus Petition
  The court held that the district court erred in dismissing the habeas corpus petition for lack of jurisdiction, as the petitioner's commanding officer in New Hampshire could still be considered his custodian.
• Chapman v. Cardwell
  452 F.2d 1209· 6th Cir.· 1971-12-28 ·via Application For Writ Of Habeas Corpus
  The appellate court held that the District Court's factual findings regarding the voluntariness of the guilty plea were supported by substantial evidence and not clearly erroneous.
• United States ex rel. Larry R. Howard v. Rundle
  452 F.2d 904· 3d Cir.· 1971-12-22 ·via Habeas Corpus Petition
  The court held that conflicting affidavits regarding a prosecutor's comment on the defendant's silence necessitate an evidentiary hearing to determine if a constitutional violation occurred.
• Robinson v. Louie L. Wainwright
  265 So. 2d 553· Fla. 2d DCA· 1971-12-16 ·via Writ Of Habeas Corpus
  Dennis Robinson petitioned for a writ of habeas corpus alleging illegal incarceration, claiming he was never informed of his right to appeal. The Florida Supreme Court found a prima facie case for relief and transferred the matter to this appellate court, which appointed a circui
• Griswold v. Eyman
  452 F.2d 923· 9th Cir.· 1971-11-30
  The court held that the district court did not err in denying the petition for a writ of habeas corpus, as the state court's findings regarding the understanding and voluntariness of the guilty plea were supported by the record.
• Fountain v. State
  254 So. 2d 859· Fla. 1st DCA· 1971-11-30
  The court dismissed the untimely appeal but granted the habeas corpus petition to allow full appellate review of the order denying the motion to vacate judgment and sentence.
• Iona Starr Doby v. Beto
  451 F.2d 365· 5th Cir.· 1971-11-24
  The court held that the issue of counsel effectiveness was not properly raised and should be decided by state courts, while affirming the finding that counsel was present.
• Roberts v. State
  254 So. 2d 559· Fla. 3d DCA· 1971-11-23
  The court affirmed the defendant's conviction for attempted breaking and entering with intent to commit grand larceny and the revocation of his probation, finding no error in the judgment or the probation revocation order.
• Colbert v. Beto
  450 F.2d 304· 5th Cir.· 1971-11-04 ·via Habeas Corpus Petition
  The court held that the prisoner was denied effective assistance of counsel in the district court and that the case should be remanded for further proceedings.
• Baxter v. Davis
  450 F.2d 459· 1st Cir.· 1971-10-28 ·via Habeas Corpus Petition
  The court held that while due process requires fundamentally fair parole revocation procedures, it would not extend these procedural safeguards to the petitioner's case given the undisputed factual basis for the revocation.
• Webster v. Roesel
  253 So. 2d 491· Fla. 2d DCA· 1971-10-14 ·via Writ Of Habeas Corpus
• Hamilton v. Smith
  450 F.2d 922· 5th Cir.· 1971-10-08
  The court held that the district court erred in placing the burden of proof on the petitioner regarding his claim of denial of counsel, requiring a remand for further proceedings.
• United States ex rel. Francis Seible v. LaVALLEE
  450 F.2d 842· 2d Cir.· 1971-10-07
  The court held that the habeas corpus petition failed to adequately allege facts sufficient to warrant a hearing, thus affirming the denial of the petition.
• Frey v. Lt. General Stanley R. Larsen
  448 F.2d 811· 9th Cir.· 1971-09-20
  The court held that there was a basis in fact for the Army's determination that the appellant was not sincere in his objection to war in any form.
• Morgan v. Thomas
  448 F.2d 1356· 5th Cir.· 1971-09-17
• Klein v. Cardwell
  448 F.2d 407· 6th Cir.· 1971-09-09 ·via Habeas Corpus Petition
  The court held that Ohio's statutory and constitutional procedures for discretionary review did not arbitrarily deny the appellant access to a full review of his non-constitutional evidentiary issue.
• In the Interest of T. A. F. and E. M. F.
  252 So. 2d 255· Fla. 1st DCA· 1971-09-09 ·via Writ Of Habeas Corpus
  Although the appeal was untimely filed based on the order's rendition date, the court treated it as a petition for writ of habeas corpus due to erroneous advice from the juvenile court, allowing for appellate review.
• United States ex rel. Jose Burgos v. Follette
  448 F.2d 130· 2d Cir.· 1971-09-03
  The court held that the district court correctly denied the petition without a hearing because the record did not support claims of involuntary confession.
• Hyler v. U. S. Bd. OF Parole
  447 F.2d 957· 5th Cir.· 1971-08-30
• Colson v. Hoyt C. Cupp
  449 F.2d 730· 9th Cir.· 1971-08-27 ·via Writ Of Habeas Corpus
  The court held that even if a jury instruction unconstitutionally shifted the burden of proof, the error was harmless given the overwhelming evidence of guilt.
• Breaux v. Henderson
  447 F.2d 466· 5th Cir.· 1971-08-24 ·via Habeas Corpus Petition
  The court held that a state prisoner was not denied his right to a direct appeal when his retained counsel advised him against appealing and he failed to inform state officials of his intent to appeal.
• Copeland v. Sheriff Malcomb Beard & Louie L. Wainwright
  446 F.2d 1393· 5th Cir.· 1971-08-23 ·via Habeas Corpus Petition
  The district court correctly treated the prisoner's civil rights complaint as a habeas corpus petition and denied it for failure to exhaust state remedies.
• Pvt. Melvyn S. Hall v. Brigadier General Darrie Richards
  447 F.2d 98· 9th Cir.· 1971-08-13 ·via Writ Of Habeas Corpus
  The court held that the Selective Service Board effectively reopened the appellee's classification, entitling him to a III-A deferment.
• United States ex rel. Sp 4/c Norman Wilcox v. Commonwealth of Pa.
  446 F.2d 1377· 3d Cir.· 1971-08-11
  The court held that a federal court cannot grant habeas corpus relief based solely on a state court's interpretation of state law, even if the federal court disagrees.
• Cook v. Beto
  446 F.2d 1387· 5th Cir.· 1971-07-22
  The court held that a federal court may deny a habeas corpus petition without an evidentiary hearing if the state habeas record is adequate.
• McArthur Belin v. State
  250 So. 2d 645· Fla. 4th DCA· 1971-07-22
  Appellant Belin, an unmarried minor at the time of trial, appealed an order denying his motion to vacate judgment and sentence. The court affirmed, holding that statutory notice to parents of charges, combined with precedent, does not require notice of trial date or parental pres
• Melton v. Patterson
  445 F.2d 410· 10th Cir.· 1971-07-21
  The court held that the lower court did not err in denying habeas corpus relief, affirming that trial counsel was not inadequate and the submission of a dubious confession was not prejudicial given the jury's verdict.
• Alesi v. Craven
  446 F.2d 742· 9th Cir.· 1971-07-21 ·via Writ Of Habeas Corpus
  The district court's findings of constitutional violations were not clearly erroneous, and its grant of a writ of habeas corpus is affirmed.
• Lewis v. Henderson
  446 F.2d 1010· 5th Cir.· 1971-07-15
  The court held that the district court did not err in denying the habeas corpus petition, finding that the appellant failed to prove ineffective assistance of counsel.
• Langlois v. Louie L. Wainwright
  445 F.2d 836· 5th Cir.· 1971-07-01 ·via Habeas Corpus Petition
  The court held that the lower court's findings of fact were not clearly erroneous and that the state trial court provided a full and fair hearing on the voluntariness of the confession.
• Garnett v. State
  249 So. 2d 697· Fla. 1st DCA· 1971-06-24
• Shabarekh v. City OF Miami
  443 F.2d 992· 5th Cir.· 1971-06-15
  The appellate court held that the trial court erred in refusing to grant the City of Miami relief from a habeas corpus judgment without justification.
• Airman First Class Jonathan O. Lawson and Airman First Class Gregory L. Palmer v. Laird
  443 F.2d 617· 5th Cir.· 1971-06-15
  The court held that the Air Force's denial of conscientious objector applications for insufficient documentation constituted a final administrative decision, allowing immediate access to habeas corpus relief.
• LEE v. Beto
  446 F.2d 1004· 5th Cir.· 1971-06-14
  The court held that the district court did not err in denying the petition for a writ of habeas corpus.
• Millan-Diaz v. Parker
  444 F.2d 95· 3d Cir.· 1971-06-14
  The court held that federal prisoners must pursue challenges to their convictions and sentences through a motion under 28 U.S.C. § 2255 in the sentencing court, and habeas corpus is not an appropriate remedy unless the § 2255 motion is inadequate or ineffective.
• Peterson v. Estelle
  446 F.2d 53· 9th Cir.· 1971-06-10 ·via Writ Of Habeas Corpus
  The court held that a conflict of interest existed between jointly represented codefendants, denying one effective counsel.
• MAY v. Berry
  35 Fla. Supp. 169· Dade Cty. Cir. Ct.· 1971-06-07
  The court held that sentencing an insolvent person to incarceration for failure to pay a fine violates the Equal Protection Clause.