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
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The court held that the issue of denial of a preliminary hearing was not exhausted in state courts and thus could not be considered in federal habeas corpus. The court also found the claim of ineffective assistance of counsel to be without merit.
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The court held that the district court did not err in finding that the petitioner was properly admonished of the mandatory consecutive nature of his sentence, despite potential ambiguities in the common law record.
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441 F.2d 1113·
3d Cir.·
1971-05-12
The court held that the appellant had not exhausted his state remedies by filing a habeas corpus petition before his direct appeal was decided.
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The court held that the defendant did not make an intelligent and knowing waiver of counsel during his guilty plea, as the trial court failed to conduct a sufficient inquiry.
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440 F.2d 380·
4th Cir.·
1971-04-07
The court held that there was a basis in fact for the denial of the draftee's conscientious objector status and affirmed the denial of his habeas corpus petition.
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441 F.2d 382·
5th Cir.·
1971-04-02
The court held that the district court correctly denied the habeas corpus petition because the sentences were valid, the pleas were knowing and voluntary, and counsel was effective.
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The court held that the district court did not err in denying the petition for habeas corpus.
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438 F.2d 1238·
8th Cir.·
1971-03-31
The court held that the district court properly denied the petition for a writ of habeas corpus.
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The appellate court affirmed the district court's order granting habeas corpus, finding the confession involuntary and counsel ineffective.
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The court held that excluding a juror who stated he never believed in the death penalty and could not be a fair and impartial juror did not violate the petitioner's constitutional right to an impartial jury under Witherspoon.
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The court held that the petitioner was not unlawfully inducted and that his father's letter did not constitute a sufficient request for discharge under Army regulations.
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The court held that the relator's challenge to the denial of his habeas corpus petition was without merit.
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The court held that it was error to dismiss the habeas petition for failure to exhaust state remedies when the petitioner had already raised the same issues on direct appeal.
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The court held that the petitioner failed to exhaust state remedies by wilfully bypassing them, thus the district court properly denied relief.
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The court held that the denial of the petition for a writ of habeas corpus was not constitutional error, and any potential error was harmless.
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A state detainer remains valid even when state sentences are ordered to run concurrently with federal sentences, and the prisoner is transferred to federal custody.
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243 So. 2d 632·
Fla. 1st DCA·
1971-02-09
Alfreddie Grant sought habeas corpus relief challenging his guilty plea to second-degree murder after his original first-degree murder conviction was reversed due to prosecutorial misconduct. The court denied his petition, finding his guilty plea was knowingly and voluntarily mad
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437 F.2d 395·
8th Cir.·
1971-02-09
A guilty plea based on reasonably competent advice is intelligent and not open to attack due to counsel's misjudgment on confession admissibility.
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The court held that the district court erred in denying the application for habeas corpus or mandamus without notice or a hearing, and without considering evidence presented to it.
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The court affirmed the district court's dismissal of the habeas corpus petition, finding it offered a better prospect for relief than the original appeal.
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243 So. 2d 179·
Fla. 2d DCA·
1971-01-20
Raymond Myrick sought habeas corpus relief alleging he was unconstitutionally deprived of his right to direct appellate review because his court-appointed counsel failed to appeal and the trial court failed to advise him of his appellate rights. The court denied the petition afte
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A federal prisoner violating parole is not subjected to double jeopardy by serving the unexpired sentence without credit for time on parole, as this is part of the original sentence.
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435 F.2d 604·
7th Cir.·
1970-12-07
The court held that the petitioner's federal constitutional rights were not denied, and his guilty plea was knowing and intelligent.
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The court held that the district court did not err in denying the habeas corpus petition, as the petitioner's guilty pleas were voluntary and the indictment procedure was proper under state and federal law.
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The father appealed a habeas corpus decision returning custody of his minor child to the mother based on a prior divorce decree. The court affirmed, holding that a circuit court that issued an original custody decree retains exclusive jurisdiction to modify that order, and a subs
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The court held that the appellant's guilty plea was valid because the sentencing court was not required to personally explain the potential sentence under the Federal Youth Corrections Act at the time of the 1964 plea, and the McCarthy v. United States decision is not retroactive
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434 F.2d 632·
6th Cir.·
1970-11-30
The Kentucky statutory scheme under which the appellant was prosecuted is not unconstitutional, and the appellant was not forced to plead guilty to avoid the risk of the death penalty.
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The court held that the appellant's claim that the justice of the peace was disqualified does not present an extraordinary circumstance justifying a collateral attack on the conviction.
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435 F.2d 174·
7th Cir.·
1970-11-16
The court held that the district court's denial of the petition for a writ of habeas corpus was not erroneous, as there was no basis to reverse the ruling on the voluntariness of the confessions.
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433 F.2d 909·
8th Cir.·
1970-11-12
The court affirmed the district court's denial of the petitioner's habeas corpus petition.
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The appellate court affirmed the denial of the habeas corpus petition, finding no error in the district court's adoption of the state court's findings.
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240 So. 2d 166·
Fla. 1st DCA·
1970-10-22
Theodore Stewart petitioned for a writ of habeas corpus and sought a delayed direct appeal of his conviction, arguing that a statement he made to police was admitted at trial in violation of Miranda rights. The federal district court had previously ordered that Stewart was entitl
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432 F.2d 970·
6th Cir.·
1970-10-12
The court held that the appellant effectively waived his constitutional right to be prosecuted by indictment when he voluntarily pleaded guilty to a different offense with the advice of counsel, thus precluding federal habeas corpus relief.
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The court held that the facts were not adequately developed at the state coram nobis hearing, entitling the petitioner to an evidentiary hearing in federal district court on the voluntariness of his confession.
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431 F.2d 581·
4th Cir.·
1970-09-14
A federal habeas corpus court must hold a hearing if the state court failed to make explicit findings of fact or if the findings cannot be reconstructed from the record.
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The court held that the federal district court correctly dismissed the habeas petition because the petitioner had not exhausted his available state remedies.
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430 F.2d 1134·
9th Cir.·
1970-08-27
The court held that the appellant's claims regarding illegal arrest, coerced confessions, ineffective assistance of counsel, and denial of confrontation were without merit and affirmed the district court's denial of the habeas corpus petition.
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238 So. 2d 657·
Fla. 1st DCA·
1970-08-20
Jack Jackson petitioned for a writ of habeas corpus, claiming he was not informed of his right to appeal after being convicted of first-degree murder. The Florida appellate court denied the petition after finding that Jackson had committed perjury in his application by falsely cl
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The court held that the petitioner's guilt was overwhelmingly established by the record, and no merit was found in the presented assignments of error.
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430 F.2d 1275·
5th Cir.·
1970-08-17
The court held that a claim of denial of counsel at a preliminary hearing requires remand for consideration in light of new Supreme Court precedent.
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428 F.2d 825·
9th Cir.·
1970-08-12
The court held that the district court correctly dismissed the habeas corpus petition because the state's custody did not violate federal constitutional rights.
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430 F.2d 1358·
8th Cir.·
1970-08-06
The court found that the petitioner's primary contention regarding credit for time served was moot due to his release, and other contentions were either moot or should have been raised in the sentencing court.
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The court appointed a commissioner to take testimony on whether the petitioner was wrongfully denied his right to direct appeal, following the precedent of Baggett v. Wainwright that habeas corpus may provide full appellate review when direct appeal rights are denied.
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430 F.2d 1284·
2d Cir.·
1970-07-24
The court held that the appeal from the denial of the habeas corpus petition should be dismissed because the petitioner failed to comply with local rules regarding disclosure of prior petitions.
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429 F.2d 509·
5th Cir.·
1970-07-20
A federal district court is not required to hold a second evidentiary hearing on any point upon which a full and fair hearing was held at the state level.
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429 F.2d 907·
10th Cir.·
1970-07-15
A guilty plea is not rendered involuntary or invalid merely because it was induced by the fear of a possible death penalty, especially when the defendant was competently advised by counsel regarding the existing law and the strength of the prosecution's case.
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428 F.2d 877·
9th Cir.·
1970-06-29
A guilty plea waives prior procedural irregularities and defects in the indictment.