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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431 F.2d 1184·
9th Cir.·
1970-06-25
The court held that the prisoner's confrontation clause claim was waived by failure to object at trial, and any error in admitting evidence was harmless.
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237 So. 2d 191·
Fla. 1st DCA·
1970-06-23
A defendant whose timely notice of appeal was not filed due to lack of a filing fee, despite the trial court's appointment of a public defender within the appeal period, is entitled to proceed with his appeal under the doctrine that state action depriving a defendant of appellate
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The court held that it could not grant effective relief even if the original arrest and detention were invalid, thus affirming the denial of the habeas corpus petition.
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427 F.2d 401·
7th Cir.·
1970-06-09
The court held that the District Court properly denied the petition for habeas corpus because the state court offered a remedy that satisfied federal constitutional requirements for appeal review.
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430 F.2d 344·
7th Cir.·
1970-06-05
The court held that there was a basis in fact for the registrant's I-A classification and the denial of his request to reopen it, and thus affirmed the lower court's denial of habeas corpus.
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The appellate court affirmed the district court's denial of the motion to vacate the sentence, finding the guilty plea was entered voluntarily and intelligently, and that the defendant received effective assistance of counsel.
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The court held that the petitioner's claims regarding his confession, ineffective counsel, and witness cross-examination did not warrant federal relief.
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A prisoner who has fully served a sentence cannot collaterally attack that sentence for lack of counsel at sentencing if no demonstrable prejudice to a current sentence exists.
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426 F.2d 247·
8th Cir.·
1970-05-18
The court affirmed the denial of habeas corpus relief, holding that the state court's post-trial evidentiary hearing on confession voluntariness was a proper remedy and that the confession was voluntary under the totality of the circumstances.
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425 F.2d 1344·
3d Cir.·
1970-05-15
A search incident to a lawful arrest is valid, even if the arrest was based on multiple statutes, one of which is later found unconstitutional.
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The court held that the pretrial identification procedures were not so unnecessarily suggestive as to violate due process, and any hearsay testimony was harmless error.
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424 F.2d 518·
6th Cir.·
1970-04-22
The court held that the district court correctly denied the habeas corpus petition because the facts did not demonstrate a violation of the 180-day speedy trial statute or a denial of equal protection.
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425 F.2d 192·
9th Cir.·
1970-04-17
The court affirmed the denial of a writ of habeas corpus, finding that the state prisoner validly waived his right to counsel and was not denied effective assistance or a fair trial.
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424 F.2d 633·
5th Cir.·
1970-04-13
The court held that a federal court may deny a habeas corpus petition if the petitioner has failed to exhaust state remedies for all issues raised.
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233 So. 2d 398·
Fla.·
1970-03-25
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The court held that the hospital room identification, under the totality of the circumstances, was not so unnecessarily suggestive as to violate due process, even without counsel present.
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The court held that allegations of knowing use of perjured testimony and refusal to call a witness are legally insufficient to vacate a judgment under CrPR 1.850, and failure to file a direct appeal is also not grounds for such a motion.
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421 F.2d 830·
3d Cir.·
1970-01-15
The district court correctly denied the petition for a writ of habeas corpus because the appellant has not exhausted his state remedies.
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230 So. 2d 149·
Fla.·
1970-01-07
John Henninger appealed his death sentence for first-degree murder, but failed to timely file a notice of appeal within 30 days as required. Although the Florida Supreme Court granted the State's motion to dismiss the appeal for lack of jurisdiction, the Court treated the pleadin
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The court held that a district judge was correct in denying a habeas petition without a hearing when the petitioner's claim of perjured testimony was based on a witness whose testimony was repeatedly recanted and re-recanted.
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The court held that a court of record can cure jurisdictional defects in juvenile certification by conducting its own investigation and making an independent determination to try a juvenile as an adult. The district court erred in finding the 1957 burglary conviction void.
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The court held that the prisoner's testimony, if credible, was legally sufficient to support federal relief based on involuntary guilty pleas.
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417 F.2d 664·
2d Cir.·
1969-10-17
The court held that the appellant failed to provide sufficient proof beyond speculation to support his claim of ineffective assistance of counsel at sentencing.
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417 F.2d 584·
9th Cir.·
1969-10-09
The court held that the record did not conclusively demonstrate that the defendant was entitled to no relief on his habeas corpus petition, requiring a hearing.
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The Florida District Court of Appeal reversed a trial court's order requiring the State of Florida to post a $10,000 supersedeas bond in a habeas corpus appeal. The court held that circuit courts lack authority under Florida Appellate Rule 5.12 to require supersedeas bonds from t
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The court held that the new evidence presented at the second hearing, combined with the existing record, overwhelmingly demonstrated that the confessions were voluntary and that the lower court erred in granting the writ of habeas corpus.
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The court held that the district court did not err in denying the petition for habeas corpus relief.
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The court held that an improper contact with a juror, even if presumptively prejudicial, did not require a new trial when the contact was favorable to the defendant and the trial judge's subsequent instructions were proper and did not cause prejudice.
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The court held that the trial court's findings were not clearly erroneous and affirmed the denial of habeas corpus relief.
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416 F.2d 21·
9th Cir.·
1969-09-17
The court held that the record did not clearly demonstrate a knowing and intelligent waiver of counsel, requiring an evidentiary hearing.
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A guilty plea entered without counsel violates the Sixth Amendment right to counsel, and the Gideon v. Wainwright decision applies retroactively.
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414 F.2d 87·
2d Cir.·
1969-07-24
The court held that the statements made by the appellant were voluntary, despite the circumstances, and affirmed the denial of his habeas corpus petition.
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The court held that the district court did not err in denying the petition for habeas corpus relief.
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413 F.2d 296·
9th Cir.·
1969-07-03
The district court had jurisdiction to hear the habeas corpus petition, and the petitioner's claims regarding witness testimony lack merit.
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The court held that the district court was justified in denying the habeas corpus petition without an evidentiary hearing, as the state court provided a full and fair hearing with sufficient evidence.
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412 F.2d 852·
6th Cir.·
1969-06-19
The court held that a conviction based on a guilty plea, where the alleged victim's affidavit contradicts the robbery charge, warrants a hearing to determine if federal constitutional rights were violated.
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413 F.2d 977·
9th Cir.·
1969-05-29
The court held that the state courts should be given an opportunity to consider the appellant's claims regarding ineffective assistance of counsel and the admissibility of co-defendant statements in light of new precedent.
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411 F.2d 468·
6th Cir.·
1969-05-27
The court held that the district court erred in denying habeas corpus relief based on concurrent sentences, as a subsequent Supreme Court decision overruled the precedent relied upon.
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A state may enact legislation permitting the extradition of a person not physically present in the demanding state at the time of the alleged offense, as federal constitutional and statutory provisions are not exclusive and do not impliedly prohibit such state action.
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411 F.2d 604·
9th Cir.·
1969-04-28
A federal court must have the full state court record to review constitutional claims and apply federal law independently.
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The court held that the Supreme Court's decision in Katz v. United States should not be applied retroactively to the appellant's case.
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33 Fla. Supp. 64·
Broward Cty. Cir. Ct.·
1969-04-10
Petitioners LaFratta and Fury challenged their convictions for selling a motor vehicle with a removed manufacturer's serial number by habeas corpus, arguing the information was fatally defective and void. The court granted the writs, finding the information failed to adequately i
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409 F.2d 482·
7th Cir.·
1969-04-09
The court held that the Wisconsin Department of Public Welfare had statutory authority to grant parole to meet an out-of-state detainer, and this action did not result in a loss of jurisdiction over the prisoner.
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408 F.2d 1326·
2d Cir.·
1969-04-04
The court held that a guilty plea induced by a defense attorney's erroneous sentence estimate, rather than a promise or coercion by the court, is not involuntary under the Due Process Clause.
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This case involves a petition for a writ of habeas corpus where the petitioner claimed his court-appointed counsel refused to take an appeal and failed to inform him of his right to counsel on appeal. The court appointed a commissioner to investigate, who held a hearing. Ultimate
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33 Fla. Supp. 1·
Broward Cty. Cir. Ct.·
1969-03-31
A Florida circuit court upheld a Maryland custody decree awarding custody of a four-year-old daughter to her father after the mother filed to modify the decree. The court found that the father was the more fit parent and that no change in circumstances justified disturbing the Ma
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The court held that a trial judge's refusal to hear a defendant's reasons for discharging counsel mid-trial, absent a showing of prejudice outweighing disruption, is not an abuse of discretion.
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The court held that the petitioner's prior conviction was not subject to collateral attack based on the cited Supreme Court precedents, as the preliminary hearing was not a critical stage requiring counsel.
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420 F.2d 477·
4th Cir.·
1969-03-11
The district court erred in dismissing the habeas corpus petition without a full review of the state trial record concerning the petitioner's competency to stand trial.