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

• Earnest Peterson v. Wilson
  373 F.2d 737· 9th Cir.· 1967-02-27 ·via Habeas Corpus Petition
  The court held that the district court erred in denying the habeas corpus petition without issuing an order to show cause, as factual issues regarding ineffective assistance of counsel and an involuntary guilty plea required further development.
• Anaya v. Rodriguez
  372 F.2d 683· 10th Cir.· 1967-02-13
  The court held that a guilty plea entered by an attorney with the defendant's knowledge and consent, even without direct inquiry to the defendant, does not violate due process.
• McDONALD v. Kropp
  373 F.2d 549· 6th Cir.· 1967-02-07 ·via Habeas Corpus Petition
  The District Court abused its discretion by holding an evidentiary hearing and making contrary findings of fact when the state court hearing was full, fair, and adequate.
• Christian v. Buchanan
  373 F.2d 32· 5th Cir.· 1967-01-24
  The court held that the district court must develop the record to determine if federally required gambling records were introduced against the appellants in state court before considering their Fifth Amendment claim.
• Petition of Leo Robert Forcella for a Writ of Habeas Corpus
  371 F.2d 37· 3d Cir.· 1967-01-17 ·via Habeas Corpus Petition
  The court held that the defendant was denied due process due to prejudicial statements made during voir dire and his exclusion from a chambers conference.
• United States ex rel. Edward Suarez v. Hon. Harold W. Follette (successor to Hon. Edward M. Fay)
  371 F.2d 426· 2d Cir.· 1967-01-10 ·via Writ Of Habeas Corpus
  The court held that evidence obtained was not the result of illegal police conduct, even if some actions were questionable.
• United States ex rel. Ray Meholchick v. Rundle
  371 F.2d 1014· 3d Cir.· 1966-12-30
  The court held that both state and federal courts had fully and properly addressed the petitioner's claims in prior habeas corpus proceedings.
• McCONNELL v. Patterson
  370 F.2d 41· 10th Cir.· 1966-12-16
  The court affirmed the dismissal of the habeas corpus petition, finding no constitutional violations.
• Davis v. Kropp
  369 F.2d 342· 6th Cir.· 1966-12-08 ·via Habeas Corpus Petition
  The court held that the statements made by the appellant were not involuntary confessions and did not violate his constitutional rights, and that he was not denied competent counsel.
• United States ex rel. v. Major General Thomas Yancey
  368 F.2d 816· 2d Cir.· 1966-11-14
  The court held that a registrant's failure to timely inform his draft board of his National Guard membership, and his subsequent failure to demonstrate a change in status, precluded reopening his classification after an induction notice was issued.
• Sartain v. Pitchess
  368 F.2d 806· 9th Cir.· 1966-11-10 ·via Writ Of Habeas Corpus
  A California parole agent has the authority to place a 'hold' on a parolee who is already in custody, as this is a preliminary measure pending investigation or prosecution.
• Walker v. Brough
  368 F.2d 349· 4th Cir.· 1966-10-19
  The court held that the grounds for releasing the appellant were too hypothetical and tenuous to sustain a charge of constitutional invalidity.
• United States ex rel. James W. Harbold v. Myers
  367 F.2d 53· 3d Cir.· 1966-10-06
  The court held that handcuffing a defendant for one day based on counsel's concerns about instability and escape does not violate due process, and that a claim regarding the voluntary withdrawal of post-trial motions was not exhausted in state court.
• Caudill v. Peyton
  368 F.2d 563· 4th Cir.· 1966-09-21 ·via Habeas Corpus Petition
  The court held that the issue of whether the petitioner received a public trial must first be determined by the Virginia courts.
• Jagiello v. State
  190 So. 2d 18· Fla. 1st DCA· 1966-09-01 ·via Writ Of Habeas Corpus
  The appellate court affirmed the denial of a habeas corpus petition, clarifying that habeas corpus is not a substitute for an appeal from a denial of a Rule 1 motion, and that a prior denial of such a motion would preclude further relief via habeas corpus.
• State of Fla. ex rel. Peter J. Latino v. Buchanan
  189 So. 2d 529· Fla. 3d DCA· 1966-08-02 ·via Writ Of Habeas Corpus
  The court held that a petitioner in a habeas corpus proceeding for extradition can be called as an adverse witness by the opposing counsel.
• Bevins v. Klinger
  365 F.2d 752· 9th Cir.· 1966-07-22 ·via Habeas Corpus Proceedings
  A defendant waives the right to challenge the nature of prior convictions for habitual criminal status by admitting them, unless the objection is raised at trial.
• Johnstone v. Swenson
  363 F.2d 643· 8th Cir.· 1966-07-14 ·via Habeas Corpus Petition
  The court held that the petitioner's due process rights were not violated by the prosecutor's reference to prior convictions during voir dire or by the use of a federal conviction for enhancement under the Missouri Habitual Criminal Act. The court also found the petitioner's conf
• Wall v. State
  189 So. 2d 365· Fla.· 1966-07-08 ·via Writ Of Habeas Corpus
  The Florida Supreme Court dismissed an appeal from a decision affirming the denial of post-conviction relief, finding the court lacked jurisdiction. The court also denied a separate petition for a writ of habeas corpus.
• Cardillo v. Olin G. Blackwell
  365 F.2d 301· 3d Cir.· 1966-07-06 ·via Writ Of Habeas Corpus
  The court held that the district court did not err in dismissing the petition for a writ of habeas corpus.
• Application of John Thomas Glazewski for a Writ of Habeas Corpus. John Thomas Glazewski
  361 F.2d 971· 3d Cir.· 1966-06-09 ·via Writ Of Habeas Corpus
  The District Court did not err in denying the petition for a writ of habeas corpus.
• United States ex rel. Barney P. Bennett v. Pate
  362 F.2d 89· 7th Cir.· 1966-06-08
  The court held that the district court was justified in dismissing the habeas corpus petition, as the petitioner's grounds for relief were without merit and he was not prejudiced by the assistance of counsel he did not desire.
• Holman v. Lawhon
  362 F.2d 1· 5th Cir.· 1966-05-23 ·via Habeas Corpus Petition
  The court held that the district court erred in granting habeas corpus relief because the petitioner failed to demonstrate that the exclusion of the witness's testimony caused prejudice or injury.
• Mink v. Kropp
  361 F.2d 323· 6th Cir.· 1966-05-17 ·via Writ Of Habeas Corpus
  The appellate court affirmed the district court's denial of the writ of habeas corpus, finding the district court's assessment of evidence was supported.
• Gentry v. State
  186 So. 2d 531· Fla. 1st DCA· 1966-05-12
  Gentry appeals the trial court's denial of his motion to correct court records and vacate his 1951 armed robbery conviction, claiming he lacked counsel at arraignment and sentencing despite records indicating otherwise. The appellate court reverses and remands for a hearing after
• Clark v. Crouse
  359 F.2d 785· 10th Cir.· 1966-04-26 ·via Habeas Corpus Petition
  The court held that while state remedies may not be fully exhausted, their effectiveness must be considered, potentially entitling the petitioner to a federal evidentiary hearing.
• Webb v. Crouse
  359 F.2d 394· 10th Cir.· 1966-04-21
  The court held that the district court correctly denied the petitioner's request to reopen his habeas corpus petition without a hearing.
• United States ex rel. Willie Fernanders v. Hon. Walter M. Wallack
  359 F.2d 767· 2d Cir.· 1966-04-05
  The court held that a prosecutor's opening statement reference to a coerced confession, when later excluded by the judge and not objected to by defense counsel, does not automatically violate due process.
• Herrera v. COX
  358 F.2d 942· 10th Cir.· 1966-03-30
  The court held that a delay between arrest and preliminary hearing does not divest jurisdiction if the defendant waives the objection by pleading and proceeding to trial without asserting prejudice.
• Carter v. State OF NEW Mexico
  358 F.2d 710· 10th Cir.· 1966-03-25 ·via Writ Of Habeas Corpus
  The court held that technical objections regarding the incorporation of the penitentiary do not raise federal constitutional issues entitling prisoners to federal habeas corpus relief.
• Sweeney v. Balkcom
  358 F.2d 415· 5th Cir.· 1966-03-22 ·via Habeas Corpus Petition
  The court held that Georgia's statutory scheme, which grants certain public officials the right to appear before a grand jury before indictment for malfeasance in office, does not violate the Equal Protection Clause when applied to a non-official charged with robbery.
• Johnson v. State
  184 So. 2d 161· Fla.· 1966-03-16
  Johnson challenged his conviction and consecutive sentences imposed without counsel assistance. The Florida Supreme Court held that Criminal Rule of Procedure No. 1 permits a prisoner to attack multiple consecutive sentences simultaneously if he would be entitled to release from
• United States ex rel. Luther C. Williams v. Hedrick
  356 F.2d 430· 7th Cir.· 1966-02-24
  A federal court need not require a petitioner to litigate a disavowed issue in state court as a prerequisite for federal habeas corpus relief.
• Neal v. State
  183 So. 2d 543· Fla.· 1966-02-23 ·via Writ Of Habeas Corpus
  Petitioner sought a writ of habeas corpus, claiming a prior Florida conviction for forgery was obtained without counsel and was now extending his New Jersey imprisonment. The Florida Supreme Court found the petition without merit because the petitioner had already served his Flor
• Elester S. Roberts v. State
  188 So. 2d 302· Fla.· 1966-02-23 ·via Writ Of Habeas Corpus
  The court held that the petition for a writ of habeas corpus was without merit because no judicial confession was made or introduced against the petitioner, and he was not denied due process or counsel.
• Lovedahl v. State OF N.C.
  356 F.2d 930· 4th Cir.· 1966-02-21 ·via Habeas Corpus Petition
  The court affirmed the dismissal of the habeas corpus petition, finding the district court's factual determination of competency was not clearly erroneous.
• Finton v. Ward Lane
  356 F.2d 850· 7th Cir.· 1966-02-14 ·via Writ Of Habeas Corpus
  The court held that the petitioner was not denied a speedy trial because the delay was not purposeful, oppressive, or vexatious, and did not prejudice his defense.
• Morris v. State OF S.C. & Ellis C. MacDougall
  356 F.2d 432· 4th Cir.· 1966-02-01 ·via Habeas Corpus Petition
  The court held that the record was inadequate for review and remanded the cases to the District Court for further proceedings.
• Falagan v. State
  182 So. 2d 61· Fla. 1st DCA· 1966-01-25
  Morris Morgan Falagan, an indigent defendant, appealed an order denying his motion for discharge under Florida Criminal Procedure Rule 1, filing petitions for mandamus and habeas corpus. The court affirmed the lower court's order, holding that Rule 1 proceedings do not entitle an
• Sebring v. Beto
  354 F.2d 1000· 5th Cir.· 1966-01-11 ·via Writ Of Habeas Corpus
  The court held that the petitioner received effective assistance of counsel and was not denied his right to confrontation.
• In re Internal Gov't of the Dist. Court of Appeal
  181 So. 2d 363· Fla. 4th DCA· 1966-01-11 ·via Habeas Corpus Proceedings
  The Fourth District Court of Appeal of Florida adopted a rule allowing the Clerk to file and docket notices of appeal from orders on motions for relief under Criminal Procedure Rule No. 1 without requiring any fees or costs, similar to habeas corpus proceedings. This rule applies
• United States ex rel. Robert G. Antczak v. Superintendent, Downey Veterans Admin. Hosp., N. Chicago, Ill.
  354 F.2d 635· 7th Cir.· 1965-12-29
  The court held that a federal court lacks jurisdiction to issue a writ of habeas corpus when state remedies for challenging a commitment have not been exhausted, even if the person is held in a federal facility.
• McCAFFREY v. Olin G. Blackwell
  354 F.2d 71· 5th Cir.· 1965-12-09
  A defendant resentenced after an earlier sentence was vacated for procedural error is not entitled to have the new sentence run from the original date if it would negate the consequences of parole violations that occurred prior to resentencing.
• Dykes v. State
  180 So. 2d 651· Fla.· 1965-12-08 ·via Writ Of Habeas Corpus
  The Florida Supreme Court denied a habeas corpus petition from a prisoner challenging his conviction, but without prejudice to refile based on a subsequent ruling. The prisoner claimed he did not knowingly waive his right to counsel.
• Hollis v. Beto
  352 F.2d 550· 5th Cir.· 1965-11-16 ·via Writ Of Habeas Corpus
  The court held that the district court did not err in denying the writ of habeas corpus as all of appellant's contentions were without merit.
• State v. Buchanan
  27 Fla. Supp. 119· Dade Cty. Cir. Ct.· 1965-11-15
  Peter J. Latino sought a writ of habeas corpus challenging his arrest on a Florida governor's rendition warrant issued at Nevada's request for alleged forgery. The court upheld the validity of the extradition proceedings, finding the Nevada demand and supporting documents satisfi
• United States ex rel. Joseph Frank Mazewski v. Myers
  359 F.2d 940· 3d Cir.· 1965-10-27
• Haugh v. Craig
  351 F.2d 595· 8th Cir.· 1965-10-13
  The court held that the Mapp exclusionary rule does not apply retroactively to state court convictions that became final before Mapp was decided, as per Linkletter v. Walker.
• Lacklineo v. Tahash
  351 F.2d 58· 8th Cir.· 1965-10-06
  The court held that the district court erred in denying an evidentiary hearing on the appellant's claim that his guilty plea was induced by a promise of probation, as this issue was not decided on its merits by the state courts.
• United States ex rel. Edward F. Thomas v. Pate
  351 F.2d 910· 7th Cir.· 1965-10-05
  The court affirmed the district court's dismissal of the habeas petition.