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

• Nelson v. Sandritter
  351 F.2d 284· 9th Cir.· 1965-09-28
  The court held that the petitioner's federal constitutional rights were not violated by the initial commitment or the denial of prior habeas corpus petitions, and that he had not exhausted state remedies.
• Elwood Duncan Taylor v. Louie L. Wainwright
  178 So. 2d 105· Fla.· 1965-07-14 ·via Writ Of Habeas Corpus
  Taylor petitioned for habeas corpus seeking credit for time served under void sentences toward his current sentences for unrelated offenses. The Florida Supreme Court held that time served on void sentences cannot be credited toward sentences for unrelated offenses, relying on pr
• Land v. State
  176 So. 2d 902· Fla.· 1965-06-23 ·via Writ Of Habeas Corpus
  The court held that the petitioner was represented by counsel and his petition for a writ of habeas corpus was without merit.
• Henry v. Henry
  25 Fla. Supp. 70· Dade Cty. Cir. Ct.· 1965-06-10
  A Florida circuit court awarded permanent custody of a 4½-year-old boy to his father, Donald Holt Henry, after finding the mother, Gloria Gliekman, unfit due to her unstable lifestyle, lack of sustained interest in the child, and emotional instability. The court found the child h
• Basil Darnell v. Cameron
  348 F.2d 64· D.C. Cir.· 1965-05-28 ·via Habeas Corpus Petition
• United States ex rel. Kenneth Rogers v. Ward Lane
  345 F.2d 357· 7th Cir.· 1965-05-05 ·via Habeas Corpus Petition
  A jury cannot repudiate a legislative act by finding a defendant not guilty of being an habitual criminal when the facts establishing that status have been judicially determined.
• Coffee v. Louie L. Wainwright
  172 So. 2d 851· Fla. 1st DCA· 1965-03-23
  The Florida District Court of Appeal rejected an indigent death row inmate's request for appointed counsel in a habeas corpus proceeding, holding that such collateral attacks on criminal convictions are civil in nature and thus do not trigger Sixth Amendment right-to-counsel guar
• Bell v. Anderson
  345 F.2d 99· D.C. Cir.· 1965-03-18
  The court held that the appellant's petition for writ of habeas corpus, alleging denial of a speedy trial, was properly dismissed.
• Dawson v. City OF LOS Angeles
  342 F.2d 986· 9th Cir.· 1965-03-17
  The court held that the state court record was competent evidence in the federal habeas corpus proceeding and that the appellants' claims were not supported by the record.
• Postelwait v. Markley
  342 F.2d 677· 7th Cir.· 1965-03-17
  The court held that a district court lacks jurisdiction to entertain a habeas corpus petition attacking a sentence when the petitioner has not first sought relief under 28 U.S.C.A. § 2255 in the sentencing court.
• State v. Carson
  24 Fla. Supp. 173· Duval Cty. Cir. Ct.· 1965-03-10
  A mother was committed to jail for contempt of court by a juvenile judge for failing to notify authorities of her son's whereabouts, despite a prior verbal order to do so. The circuit court granted her habeas corpus petition, holding that the contempt was indirect rather than dir
• State v. Buchanan
  24 Fla. Supp. 200· Dade Cty. Cir. Ct.· 1965-03-08 ·via Writ Of Habeas Corpus
  The court held that the extradition papers were in order and the petitioner was subject to rendition, denying the writ of habeas corpus.
• Ryan v. Cir. Court OF the Sixth Jud. Cir.
  171 So. 2d 56· Fla. 1st DCA· 1965-01-26
  The Florida District Court of Appeal, First District, dismissed a petition for a writ of habeas corpus because it lacked jurisdiction to review a decision by the Second District Court of Appeal. The case involved a petitioner seeking to vacate a conviction, whose motion was denie
• Glass v. Markley
  339 F.2d 970· 7th Cir.· 1965-01-11
  The court held that the petitioner was not afforded a proper hearing before his parole was revoked and that the district court erred in denying his habeas corpus petition.
• Hodge v. Markley
  339 F.2d 1013· 7th Cir.· 1964-12-30 ·via Writ Of Habeas Corpus
  The court held that it had the power to issue a writ of habeas corpus as an incident to a pending appeal, but denied the petition.
• Cuddy v. United States
  339 F.2d 172· 9th Cir.· 1964-12-08
  A prisoner cannot complain about receiving credit for time served on a state sentence when the federal sentence was intended to run concurrently. A habeas petition is properly dismissed if the warden is not joined as a party.
• Goss v. Bomar
  337 F.2d 341· 6th Cir.· 1964-10-08
  The court affirmed the denial of the habeas corpus petition because the petitioner had not exhausted his state remedies.
• Pugh v. State OF N.C.
  336 F.2d 508· 4th Cir.· 1964-09-10
  The court held that the district court erred in denying the petition without a hearing, as the record did not fully address the voluntariness of the confession and adequacy of representation.
• State of Fla. ex rel. Norman Saunders v. Boyer
  166 So. 2d 694· Fla. 2d DCA· 1964-07-10 ·via Writ Of Habeas Corpus
  A sentence of hard labor for criminal contempt is unauthorized by law and void, and can be challenged via habeas corpus.
• Bowler v. Warden, Maryland Penitentiary
  334 F.2d 202· 4th Cir.· 1964-06-10
  The court held that the petitioner's claim of ineffective assistance of counsel regarding the failure to sever the joint trial and the admissibility of his statement due to psychological coercion warrants further inquiry.
• DYE v. Maxwell
  334 F.2d 237· 6th Cir.· 1964-06-05
  The court held that the District Court's dismissal of the habeas corpus petition should be affirmed.
• Turner v. Wainwright
  164 So. 2d 269· Fla. 2d DCA· 1964-05-22 ·via Writ Of Habeas Corpus
  Theodore Turner sought habeas corpus relief and attempted to enforce a court mandate that had allowed him to file an amended motion for relief in his criminal conviction. The trial court denied his amended motion as a successive motion, and Turner sought habeas relief. The appell
• Eli de Paunto v. People OF the State OF Mich.
  332 F.2d 396· 6th Cir.· 1964-05-21
  A prisoner paroled into federal custody is not considered in state custody for the purpose of a state habeas corpus petition.
• United States ex rel. Willie Toler v. Pate
  332 F.2d 425· 7th Cir.· 1964-05-06 ·via Writ Of Habeas Corpus
  The court held that the petitioner's conviction was not a violation of due process, as the evidence supported the trial court's finding that he was not entrapped.
• Shorten v. Markley
  330 F.2d 102· 7th Cir.· 1964-04-08 ·via Application For Writ Of Habeas Corpus
  The court held that an unexecuted search warrant issued under a statute is not voided by a subsequent amendment to that statute increasing the penalty.
• Montford v. Louie L. Wainwright
  162 So. 2d 663· Fla.· 1964-04-08 ·via Writ Of Habeas Corpus
  Morris Montford sought habeas corpus relief arguing he deserved credit for time served under a void 15-year sentence toward a subsequent 12-year sentence. The Florida Supreme Court denied relief, holding that time served under sentences for unrelated offenses cannot be credited a
• State of Fla. ex rel. Dan Wilkins & Tommy Lee Williams v. Dewitt Sinclair
  162 So. 2d 661· Fla.· 1964-04-08
  The court held that the petition for writ of habeas corpus was premature because a new rule provided an adequate remedy for collateral attack.
• United States ex rel. Mac Tanner v. Pate
  329 F.2d 170· 7th Cir.· 1964-03-03
  The court held that the District Court's orders dismissing the habeas corpus petitions were proper.
• Hutchins v. Dunbar
  328 F.2d 111· 9th Cir.· 1964-01-28
  The court held that the petitioner's claims were frivolous and lacked merit, thus affirming the denial of the petition for a writ of habeas corpus.
• Tompkins v. Nash
  326 F.2d 466· 8th Cir.· 1964-01-23 ·via Habeas Corpus Petition
  The court held that the jury's verdict of 'guilty of rape' was sufficiently clear to support a conviction for forcible rape, given the charge, evidence, and jury instructions.
• Child v. Louie L. Wainwright
  159 So. 2d 226· Fla.· 1963-12-18 ·via Writ Of Habeas Corpus
  Francis Child petitioned for a writ of habeas corpus challenging his conviction after a plea of nolo contendere to theft-related charges, claiming insanity and inadequate representation. The Florida Supreme Court, after appointing a commissioner to take evidence, found no basis f
• United States ex rel. John W. Holland v. Murphy
  326 F.2d 191· 2d Cir.· 1963-12-18 ·via Writ Of Habeas Corpus
  The court vacated one denial of habeas corpus and remanded for further proceedings, while denying other applications.
• State of Fla. ex rel. Rono A. Prince v. Bettner
  158 So. 2d 561· Fla. 3d DCA· 1963-12-13 ·via Habeas Corpus Petition
  A Florida father sought habeas corpus relief to obtain custody of his minor children from their maternal grandparents, who were caring for them in Miami pursuant to a Texas divorce decree awarding custody to the mother. The court held that it lacked jurisdiction to interfere with
• State v. TOM
  22 Fla. Supp. 97· Pinellas Cty. Cir. Ct.· 1963-11-26
  In a habeas corpus proceeding concerning custody of minor children, the court determined that habeas corpus in child custody cases is an equitable action, not a legal one, thereby granting the court jurisdiction to award not only custody but also child support. The court held tha
• William Banks v. Olin G. Blackwell
  324 F.2d 812· 9th Cir.· 1963-11-22
  The court held that a petition for a writ of habeas corpus was not the proper avenue for relief when the alleged constitutional violation occurred in appellate proceedings, as such claims must first be presented to the sentencing court under 28 U.S.C.A. § 2255.
• Clark Sumner Cummings v. Bennett
  324 F.2d 1· 8th Cir.· 1963-11-07 ·via Writ Of Habeas Corpus
  The court held that the petitioner's claim of double jeopardy was without merit because the state court's amendment to the commitment order merely changed the place of confinement, not the substance of the punishment.
• United States ex rel. Ora Lee Rogers v. The Honorable James H. Davis
  323 F.2d 653· 5th Cir.· 1963-10-25
  A federal court need not require a state prisoner to repetitiously seek relief from state courts if the same federal constitutional issues have already been decided against him.
• Bagley v. Wash. State Bd. of Prison Terms & Paroles
  323 F.2d 510· 9th Cir.· 1963-10-09 ·via Writ Of Habeas Corpus
  The court held that the information sufficiently charged grand larceny and that the appellant intelligently waived his right to counsel.
• In re Internal Gov't of the Dist. Court of Appeal
  156 So. 2d 896· Fla. 1st DCA· 1963-10-03 ·via Habeas Corpus Proceedings
  This case concerns a rule adopted by the Florida District Court of Appeal, First District, to waive filing fees for notices of appeal from orders on motions for relief under Criminal Procedure Rule No. 1. The court established this rule under its inherent power to govern its inte
• United States ex rel. Eugene Scott, Jr. v. The Honorable James H. Davis
  323 F.2d 663· 5th Cir.· 1963-10-03
  A hearing must be granted on a habeas corpus petition if its factual allegations are not denied by the state.
• United States ex rel. Robert L. Brown v. Commonwealth of Pa.
  323 F.2d 53· 3d Cir.· 1963-09-24
  The district court's denial of the habeas corpus petition is affirmed because the appellant has not exhausted his state remedies for the alleged alteration of his sentence expiration date.
• Doyon v. Robbins
  322 F.2d 486· 1st Cir.· 1963-09-06 ·via Habeas Corpus Petition
  The court held that the petitioner was not entitled to an evidentiary hearing in federal habeas corpus because the material facts regarding his confession's voluntariness were fully developed in state court proceedings.
• United States ex rel. Joseph Rinaldi v. State OF NEW Jersey
  321 F.2d 885· 3d Cir.· 1963-08-26 ·via Writ Of Habeas Corpus
  The court held that a writ of habeas corpus cannot be used to challenge the legality of a sentence that a prisoner may be required to serve at some future time.
• Weston v. The Judges OF the United States Dist. Court FOR the Dist. OF Minn.
  321 F.2d 278· 8th Cir.· 1963-08-23 ·via Application For Writ Of Habeas Corpus
  The court held that a federal prisoner seeking to challenge his conviction or sentence must do so via a motion to vacate under 28 U.S.C.A. § 2255, not a habeas corpus petition.
• In re Internal Gov't of the Dist. Court of Appeal
  156 So. 2d 655· Fla. 2d DCA· 1963-08-12 ·via Habeas Corpus Proceedings
  The Florida District Court of Appeal adopted a rule waiving filing fees for notices of appeal from orders on motions for relief under Criminal Procedure Rule No. 1, regardless of the appellant's financial status. This rule aims to facilitate access to appellate review for indigen
• United States ex rel. Robert Morton v. Honorable James McDONALD
  321 F.2d 540· 2d Cir.· 1963-07-29 ·via Application For Writ Of Habeas Corpus
  The court held that a claim challenging the validity of a conviction in another state cannot be raised in the asylum state via habeas corpus.
• Anthon Jay Rodgers v. Bennett
  320 F.2d 83· 8th Cir.· 1963-07-23
  The court held that the district court erred in dismissing the habeas corpus petition without a hearing, as the appellant's sworn affidavit now presented factual issues that could entitle him to relief.
• White v. Ward Lane
  321 F.2d 298· 7th Cir.· 1963-07-17
  The court held that the district court erred in denying habeas corpus relief, as the petitioner's indigency rendered Indiana's appellate process constitutionally deficient.
• United States ex rel. James Morrison v. LaVALLEE
  319 F.2d 37· 2d Cir.· 1963-06-19 ·via Application For Writ Of Habeas Corpus
  The court held that the relator's application for a writ of habeas corpus was properly denied without a hearing because the trial record contradicted his allegations of coerced confessions.
• Rice v. Louie L. Wainwright
  154 So. 2d 693· Fla.· 1963-06-19
  The court held that the habeas corpus petition must be dismissed because the petitioner is no longer in custody.