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

• LeMAY v. Henderson
  407 F.2d 494· 6th Cir.· 1969-03-05 ·via Writ Of Habeas Corpus
  The court held that the district court's finding of no coercion was supported by substantial evidence and not clearly erroneous. Furthermore, errors in a collateral proceeding do not rise to constitutional proportions.
• United States ex rel. David Whitten v. Pinto
  407 F.2d 852· 3d Cir.· 1969-03-04
  The court held that the district court erred in denying the habeas corpus petition without a full evidentiary hearing, requiring a remand for further proceedings.
• Silver v. Dunbar
  407 F.2d 1182· 9th Cir.· 1969-01-31
  The appellate court affirmed the district court's denial of the habeas corpus petition, finding no abuse of discretion or error in the lower court's proceedings.
• Alred v. Henderson
  406 F.2d 743· 6th Cir.· 1969-01-28 ·via Writ Of Habeas Corpus
  The court held that the guilty plea was voluntarily entered and affirmed the denial of the habeas corpus petition.
• Janovic v. Eyman
  406 F.2d 314· 9th Cir.· 1969-01-16
  The court held that the district court's findings were not erroneous and that the appellant was not deprived of his constitutional rights, affirming the denial of his petition for a writ of habeas corpus.
• Peeno v. Peeno
  32 Fla. Supp. 117· Lake Cty. Cir. Ct.· 1968-12-20
  A Florida trial court determined custody of a minor child in a habeas corpus proceeding initiated by the father against the mother, who had relocated to Florida with the child pursuant to a Kentucky divorce decree that awarded her custody. The court held it had jurisdiction to de
• Willian Richard Eagen v. Hale
  404 F.2d 350· 5th Cir.· 1968-12-18 ·via Writ Of Habeas Corpus
  The court held that the district court did not err in denying the petition for a writ of habeas corpus.
• Breamfield v. State
  215 So. 2d 731· Fla.· 1968-11-20 ·via Writ Of Habeas Corpus
  The Florida Supreme Court discharged a writ of habeas corpus, finding that the petitioner was attempting to re-litigate a previously denied challenge to a 1954 conviction and sentence. The court noted that the petitioner was currently serving a different, longer sentence and that
• United States ex rel. Howard J. Vivian, Jr. v. Bookbinder
  403 F.2d 156· 3d Cir.· 1968-11-18
  The court held that the trial judge's actions did not constitute a resentencing, but rather a single, final sentence imposed after a pre-sentence investigation.
• Frazier v. Wainwright
  215 So. 2d 327· Fla. 1st DCA· 1968-11-07
  Willie James Frazier, a 17-year-old inmate, petitioned for a writ of habeas corpus alleging he was denied a jury trial and due process when he was allowed to change his plea from not guilty of rape to not guilty of assault with intent to commit rape, but was then adjudged guilty
• Davis v. Ciccone
  402 F.2d 475· 8th Cir.· 1968-11-04
  A federal prisoner must exhaust remedies under 28 U.S.C.A. § 2255 in the sentencing court before seeking habeas corpus relief.
• Vasco Carrier v. Beto
  402 F.2d 294· 5th Cir.· 1968-10-23 ·via Writ Of Habeas Corpus
  The court held that the appellant's federally protected rights were not denied in the state proceedings or the federal district court.
• Ostrowski v. Burke
  402 F.2d 377· 7th Cir.· 1968-10-18 ·via Writ Of Habeas Corpus
  The court held that the district court correctly denied the writ of habeas corpus because the petitioner's claims regarding the arrest warrant, statutory penalty, and double punishment were without merit.
• Barnes v. State
  402 F.2d 63· 5th Cir.· 1968-10-15
  The court held that the appellant's allegations of a coerced guilty plea and ineffective assistance of counsel were sufficient to warrant a hearing.
• Howard v. Hocker
  401 F.2d 502· 9th Cir.· 1968-10-01 ·via Habeas Corpus Petition
  The court held that the appellant's claims of false testimony and prosecutorial knowledge thereof were unsupported by the record, and thus due process was not denied.
• Arago Leroy Welch v. Crevasse
  214 So. 2d 27· Fla. 1st DCA· 1968-09-10
  Welch appealed the denial of his bail petition in a first-degree murder case, arguing the evidence was insufficient to meet the constitutional standard for denying bail. The court affirmed the denial, finding the evidence of premeditated murder was evident and the presumption gre
• United States ex rel. Kobert Davis v. Maroney
  400 F.2d 85· 3d Cir.· 1968-09-09 ·via Writ Of Habeas Corpus
  The judgment of the district court denying the writ of habeas corpus is affirmed because the petitioner has not exhausted his state remedies.
• Gilyard v. Yeager
  400 F.2d 832· 3d Cir.· 1968-09-04 ·via Habeas Corpus Petition
  The court held that the District Court misapplied the retroactivity of Mapp v. Ohio and remanded for a hearing on whether the conviction was final before Mapp was decided.
• Gillespie v. Peyton
  399 F.2d 683· 4th Cir.· 1968-08-22 ·via Habeas Corpus Petition
  A confession obtained after a suspect requested counsel but was denied an attorney and then misled about the cost of representation is inadmissible.
• Carmine DiPAOLO, Jr. v. Yeager
  399 F.2d 72· 3d Cir.· 1968-08-12
  The court held that the trial judge's charge, stating his finding that the confession was voluntary, did not warrant interference with the conviction, despite a preferable procedure outlined in later case law.
• Bonnie v. Gladden
  400 F.2d 547· 9th Cir.· 1968-08-08 ·via Habeas Corpus Petition
  The court held that the district court improperly relied on a probation report and must obtain the state trial transcript to redetermine the habeas corpus petition.
• Porter v. State
  212 So. 2d 828· Fla. 1st DCA· 1968-07-23 ·via Writ Of Habeas Corpus
  Porter sought habeas corpus relief arguing that time served on parole should count toward his 20-year sentence. The Florida District Court of Appeal affirmed that under Florida law, parole time cannot be credited toward a criminal sentence, rejecting Porter's argument that federa
• Smith v. Wilson
  398 F.2d 315· 9th Cir.· 1968-07-10
  The court held that the state prisoner's petition for a writ of habeas corpus was properly denied because he failed to exhaust state remedies for one ground and the other ground was without merit.
• Henderson v. Dutton
  397 F.2d 375· 5th Cir.· 1968-06-24
  The court held that the appellant had not exhausted available state remedies under the new Georgia Habeas Corpus Act of 1967, requiring further evidentiary hearings in state court.
• United States ex rel. George John Ellis v. State OF Ill.
  395 F.2d 689· 7th Cir.· 1968-05-27
  A state may take a prisoner into custody for a state parole violation, even if the prisoner is on parole from a federal conviction.
• Reeves v. Wilson
  395 F.2d 435· 9th Cir.· 1968-05-21
  The court held that the appellant's counsel's actions, though seemingly detrimental, were part of a considered strategy to minimize the penalty and thus did not constitute ineffective assistance of counsel.
• United States ex rel. Ramon Rivera v. Follette
  395 F.2d 450· 2d Cir.· 1968-05-16 ·via Habeas Corpus Petition
  The court held that the state court's denial of the appellant's motion to withdraw his guilty plea was not erroneous, and thus the federal court was not required to hold an evidentiary hearing on his habeas corpus petition.
• United States ex rel. Shaykh Muhammad Ali Hasan v. Gernert
  395 F.2d 193· 3d Cir.· 1968-05-07
  A state prisoner is entitled to a federal habeas corpus hearing if state corrective processes are unavailable or ineffective, even if appeals were untimely due to circumstances beyond the prisoner's control.
• State v. Michell
  30 Fla. Supp. 106· Broward Cty. Cir. Ct.· 1968-04-22
  William Sherwood, arrested in Florida as a fugitive wanted for auto larceny in Georgia, challenged his extradition through habeas corpus. The court granted the petition and discharged him, finding that the Georgia affidavit supporting the extradition warrant failed to comply with
• Conner v. Beto
  393 F.2d 485· 5th Cir.· 1968-04-09
  The court held that the appellant's guilty pleas were knowingly and voluntarily made with effective assistance of counsel, and thus the petition for a writ of habeas corpus was properly denied.
• Anders v. Eyman
  388 F.2d 550· 9th Cir.· 1968-01-05
  The court held that federal habeas corpus relief is not available when state prisoners have not first attempted to seek post-conviction relief in state courts.
• ORR v. United States
  386 F.2d 988· D.C. Cir.· 1967-11-29
  The court denied the petition for reconsideration en banc, but appointed counsel to represent the petitioner for the purpose of filing an amended motion under 28 U.S.C. § 2255 in the District Court.
• Mitchell v. State
  203 So. 2d 676· Fla. 1st DCA· 1967-11-09
  The Florida District Court of Appeal affirmed the trial court's denial of a successive motion to vacate judgment and sentence, finding that the appellant's postconviction claims had already been decided adversely in prior proceedings and were barred by res judicata.
• United States ex rel. Charles R. FOX v. Maroney
  385 F.2d 839· 3d Cir.· 1967-11-08
  The court held that while the district court erred in admitting a state judge's letter after the hearing, the petitioner's claims were ultimately without merit upon independent review.
• Valigura v. Beto
  384 F.2d 358· 5th Cir.· 1967-10-26
  The court held that the appellant was not denied his constitutional right to counsel of his choice.
• Shear v. Otto C. Boles
  391 F.2d 609· 4th Cir.· 1967-10-05 ·via Habeas Corpus Petition
  The court held that increasing a prisoner's sentence after a retrial violates constitutional guarantees.
• Rocke Durham v. Lenox Williams
  202 So. 2d 856· Fla. 1st DCA· 1967-10-05 ·via Writ Of Habeas Corpus
  This case involves a juvenile detained without lawful authority due to the Juvenile Court's failure to comply with statutory hearing requirements. The appellate court granted a writ of habeas corpus, vacating the commitment order and ordering the juvenile's release.
• Ward v. State
  202 So. 2d 845· Fla.· 1967-10-04 ·via Writ Of Habeas Corpus
  The Florida Supreme Court discharged a writ of habeas corpus, denying a prisoner's request for release. The court found that the prisoner's attorney was properly notified of the denial of a motion to vacate sentence, and the prisoner himself was aware of the appeal period, yet no
• Loyd A. Grant v. The State OF Okla. & Ray H. Page
  382 F.2d 270· 10th Cir.· 1967-08-21
  The court held that the appellant received effective assistance of counsel, as the representation was not so lacking as to make the trial a mockery, sham, or farce.
• Honorable George E. Leppig v. Green
  201 So. 2d 803· Fla. 3d DCA· 1967-08-15 ·via Writ Of Habeas Corpus
  The Florida District Court of Appeal affirmed a circuit court's decision to discharge a petitioner from custody via habeas corpus. The circuit court had found that the informations charging the petitioner with offenses were void for failing to charge any crime under Florida law.
• Beauchamp v. State
  201 So. 2d 582· Fla. 1st DCA· 1967-08-01 ·via Writ Of Habeas Corpus
  The appellate court dismissed a motion to vacate judgment and sentence filed directly with it for lack of jurisdiction and denied a habeas corpus petition, affirming the lower court's judgment. The court found no reversible error in the appeal.
• Little v. Gladden
  381 F.2d 359· 9th Cir.· 1967-07-28
  The court held that resentencing a prisoner to life imprisonment for a forged check offense, after a prior void life sentence was imposed under the habitual criminal statute, did not violate the Double Jeopardy Clause as it corrected a technical sentencing error.
• Isidoro Cotto Rolon v. State
  201 So. 2d 541· Fla.· 1967-07-26 ·via Writ Of Habeas Corpus
  The Florida Supreme Court addressed whether Criminal Procedure Rule I appeals must be filed within 60 or 90 days. The Court held that appeals from orders denying Rule I relief filed after June 29, 1965 must be brought within 60 days, establishing a prospective rule change that ap
• Lembke v. Field
  380 F.2d 383· 9th Cir.· 1967-06-28
  The court held that the district court did not abuse its discretion in denying the habeas corpus petition for failure to exhaust state remedies.
• Qualls v. Lake F. Russell
  379 F.2d 314· 6th Cir.· 1967-06-23
  The district court was justified in denying the habeas corpus petition without a hearing because the state court's prior evidentiary hearing fully complied with federal requirements.
• Walls v. State
  199 So. 2d 724· Fla.· 1967-05-31 ·via Writ Of Habeas Corpus
  Richard Walls petitioned for habeas corpus challenging his 1961 guilty plea conviction for breaking and entering and petit larceny. The Florida Supreme Court vacated his conviction, finding that he was denied his constitutional right to counsel without a knowing and intelligent w
• Joseph v. Klinger
  378 F.2d 308· 9th Cir.· 1967-05-12
  The court held that the appellant's conviction and sentence were not subject to retroactive application of new constitutional rules and that his claims of error lacked merit.
• Weber v. Rivers
  376 F.2d 604· 4th Cir.· 1967-04-07 ·via Habeas Corpus Proceedings
  The court held that the District Court for the Eastern District of Virginia lacked personal jurisdiction over the District of Columbia Parole Board and should have transferred the cases to the District of Columbia Circuit.
• Hubbard v. Patterson
  374 F.2d 856· 10th Cir.· 1967-03-16
  The court held that the totality of circumstances supported the trial court's finding that consent to search was voluntary, despite the denial of the appellant's request to speak to his father and the delay in bringing him before a Justice of the Peace.
• Tshaka Zekelkeyzula v. Patterson
  373 F.2d 522· 10th Cir.· 1967-03-01
  A habeas corpus petition alleging a coerced guilty plea based on a subjective belief in a plea deal, even if no actual deal existed, is sufficient to warrant an evidentiary hearing.