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

• Vito Palma v. Immigr. & Naturalization Serv.
  318 F.2d 645· 6th Cir.· 1963-06-15 ·via Application For Writ Of Habeas Corpus
  The court held that a 1937 deportation order, which was executed and not challenged for 25 years, is not subject to collateral attack in subsequent proceedings, even if procedural irregularities are alleged. The court also affirmed the denial of a writ of habeas corpus.
• Alford v. Louie L. Wainwright
  153 So. 2d 817· Fla.· 1963-05-29
  Petitioner sought habeas corpus relief challenging his guilty plea, alleging he was denied appointed counsel despite his youth, indigency, and lack of education. The Florida Supreme Court issued the writ before the landmark Gideon decision and remanded for fact-finding on whether
• Charles v. Cochran
  152 So. 2d 472· Fla.· 1963-04-24 ·via Writ Of Habeas Corpus
  Ernest Clyde Charles petitioned for habeas corpus, challenging his conviction for murdering his wife on the ground that he was insane at the time of the killing and at sentencing. The Florida Supreme Court upheld the Commissioner's finding that Charles was sane at both times and
• Mezzatesta v. Anderson
  316 F.2d 157· 3d Cir.· 1963-04-15
  The court held that the case should be remanded to the District Court to reconsider the habeas corpus petition in light of the Supreme Court's decision in Fay v. Noia, which overruled prior precedent on the exhaustion of state remedies.
• United States v. Keenan
  316 F.2d 264· 3d Cir.· 1963-03-19
  The court held that the district court's denial of the writ of habeas corpus was justified, affirming the judgment.
• United States ex rel. L. B. Binion v. Ryan
  314 F.2d 389· 3d Cir.· 1963-02-18
  The court held that the appellant was not entitled to credit on his sentence for the periods he sought, as these periods were either previously adjudicated or he used them to seek further relief rather than to serve his sentence.
• Mason v. Dunbar
  317 F.2d 358· 9th Cir.· 1963-02-13 ·via Writ Of Habeas Corpus
  The court held that a federal court is bound by a state's interpretation of its own laws, and that no substantial federal question was presented.
• Moore v. Allan Armstrong, M.D.
  149 So. 2d 36· Fla.· 1963-01-23
  The court held that the petitioner's confinement was lawful under the statute, and his allegations of improper treatment were unsubstantiated.
• Harrington v. Louie L. Wainwright
  148 So. 2d 260· Fla.· 1963-01-04 ·via Writ Of Habeas Corpus
  Harrington seeks habeas corpus relief from two consecutive sentences for issuing worthless checks. The Florida Supreme Court held that while his first sentence was valid, the second sentence was void because the court lacked jurisdiction to try him for a misdemeanor, entitling hi
• United States ex rel. Julius Mercer v. Commonwealth OF Pa.
  310 F.2d 25· 3d Cir.· 1962-11-15
  The court held that the federal district court erred in denying a habeas corpus petition without a full hearing, as the petitioner may not have received due process in the state habeas corpus proceeding.
• State of Fla. ex rel. Arthur Burton v. Taylor
  148 So. 2d 11· Fla.· 1962-11-07 ·via Writ Of Habeas Corpus
  The court held that a habeas corpus writ cannot be used to challenge an information that is merely defectively or inartfully drawn, as long as it sufficiently informs the defendant of the charges.
• Tyndall v. Cochran
  144 So. 2d 812· Fla.· 1962-09-21
  The Florida Supreme Court discharged a writ of habeas corpus, finding that the petitioner's claims were not supported by the facts presented. The case was referred to a circuit court judge for factual findings, which ultimately led to the denial of the petition.
• Singleton v. Stevens
  306 F.2d 513· 6th Cir.· 1962-08-22 ·via Habeas Corpus Petition
  The court held that an offer of a second parole revocation hearing with counsel present renders moot any claim that the prisoner was denied counsel at the original hearing.
• Greer v. Ellis
  306 F.2d 587· 5th Cir.· 1962-07-25
  The court held that a federal district court cannot summarily deny a habeas corpus petition without a hearing or show cause order when the petition alleges constitutional violations, even if state courts previously denied relief.
• O'Connor v. Heritage
  306 F.2d 458· 5th Cir.· 1962-07-24
  The court held that a retired judge assigned to a district court possesses the constitutional authority to preside over felony trials.
• United States ex rel. Isidore Kaganovitch v. Wilkins
  305 F.2d 715· 2d Cir.· 1962-07-10
  The court held that the petitioner failed to exhaust state remedies by not seeking certiorari, and his claims were without merit.
• Bolling v. Cunningham
  303 F.2d 639· 4th Cir.· 1962-06-05 ·via Writ Of Habeas Corpus
  The court held that the finding that the petitioner was not advised of his right to counsel prior to his 1938 conviction was not clearly erroneous, and thus the writ of habeas corpus should issue.
• United States ex rel. George Lee Rivers v. Myers
  301 F.2d 782· 3d Cir.· 1962-04-13
  The dissenting judge would hold that due process requires an opportunity for a defendant to object to alleged errors in the sentencing court's written opinion before the sentence is finalized.
• Johnson v. Cochran
  139 So. 2d 673· Fla.· 1962-04-05
  Henry Johnson petitioned for habeas corpus, challenging his sentence as a fourth felony offender. The Florida Supreme Court granted the petition and ordered his release, finding the information charging him as a fourth offender was fatally defective because it failed to allege th
• Rosania v. The State of N.J.
  299 F.2d 101· 3d Cir.· 1962-02-20
  The court held that the prior ruling did not establish fundamental unfairness vitiating the entire trial, and thus the petition for habeas corpus was properly denied.
• Watkins v. Blackburn
  137 So. 2d 217· Fla.· 1962-01-31 ·via Writ Of Habeas Corpus
  Habeas corpus is not the proper vehicle to raise claims of variance between an information and proof or whether the statute of limitations has run.
• McAFEE v. Cochran
  136 So. 2d 642· Fla.· 1962-01-17 ·via Writ Of Habeas Corpus
  Roland McAfee petitioned for habeas corpus after being convicted and sentenced to twenty years for breaking and entering with felonious intent while a minor. The Florida Supreme Court found that the State failed to comply with statutory requirements to notify his parents or guard
• Dial v. United States
  295 F.2d 339· 7th Cir.· 1961-10-26
  The court held that the district court properly refused to entertain the habeas corpus petition because the petitioner failed to first seek relief under 28 U.S.C. § 2255 in the sentencing court.
• Chester Banks v. Madigan
  295 F.2d 651· 9th Cir.· 1961-10-24
  The court held that the written judgment, as modified and approved by the judge, accurately reflected the intended sentence, even if there was initial ambiguity in the oral pronouncement.
• State v. FOX
  18 Fla. Supp. 183· Dade Cty. Cir. Ct.· 1961-09-15
  A circuit court granted habeas corpus relief to a petitioner convicted in municipal court of traffic offenses, holding that municipal courts in Dade County lacked jurisdiction to try traffic violations and that a guilty plea cannot confer jurisdiction on a court lacking it ab ini
• Young v. Sheriff of Dade Cnty.
  18 Fla. Supp. 130· Dade Cty. Cir. Ct.· 1961-07-14 ·via Writ Of Habeas Corpus
  The court held that it lacked jurisdiction to entertain a petition for a writ of habeas corpus from a state prisoner seeking dismissal of state charges.
• Denton v. Cochran
  131 So. 2d 734· Fla.· 1961-07-12 ·via Writ Of Habeas Corpus
  Denton petitioned for habeas corpus alleging denial of court-appointed counsel at his criminal trial for which he was convicted and sentenced to six months to five years imprisonment. The Florida Supreme Court affirmed the denial of relief, finding no evidence that Denton had req
• Coakley v. United States Dist. Court
  291 F.2d 927· 6th Cir.· 1961-06-27
  The court held that the petitioner's application for a writ of mandamus, seeking to compel a district court to hear his habeas corpus petition or to review a dismissal order, was denied.
• United States ex rel. L. B. Binion v. United States Marshal FOR the Dist. OF Nev.
  292 F.2d 494· 9th Cir.· 1961-06-26 ·via Writ Of Habeas Corpus
  The court held that the appellant was not entitled to credit on his sentence for periods when he was not in actual or constructive custody, nor for periods during which he was on probation and reporting to a probation officer.
• Jones v. United States
  291 F.2d 202· 9th Cir.· 1961-06-14
  The court held that the appellant is lawfully confined and not entitled to release, affirming the lower courts' denial of his petitions for a writ of habeas corpus.
• Chandler v. Markley
  291 F.2d 157· 7th Cir.· 1961-06-09
  The court held that statements by military commanders regarding discipline and prevention of offenses did not constitute improper command control that would prevent a fair trial or review.
• Foller v. Winfred Overholser
  292 F.2d 732· D.C. Cir.· 1961-05-04
  The court held that the mandatory commitment statute for individuals found not guilty by reason of insanity is constitutional, and the superintendent's refusal to certify release was not arbitrary or capricious.
• Stewart v. Smyth
  288 F.2d 362· 4th Cir.· 1961-04-05
  The court held that the petitioner failed to meet his burden of proof to show his prior convictions were constitutionally invalid due to lack of counsel.
• State v. Cochran
  128 So. 2d 609· Fla.· 1961-04-05 ·via Writ Of Habeas Corpus
  Norman J. Mackiewicz sought habeas corpus relief to collaterally attack his death sentence for first-degree murder, claiming the trial court reporter failed to record certain alleged inflammatory statements made by prosecutors during closing arguments. The Florida Supreme Court d
• United States ex rel. Henry Stevens v. Wilkins
  287 F.2d 865· 2d Cir.· 1961-02-28 ·via Application For Writ Of Habeas Corpus
  The court held that the relator's petition for a writ of habeas corpus was properly denied because he failed to exhaust his state remedies, and even if he had, his claim lacked merit.
• United States ex rel. Raymond Everett Hackler v. Sain
  287 F.2d 286· 7th Cir.· 1961-02-23 ·via Habeas Corpus Proceedings
  An arrest and detention made under a facially invalid rendition warrant, even if later validated by supplementary documents in a habeas corpus proceeding, constitutes a deprivation of liberty violating the Due Process Clause of the Fourteenth Amendment.
• Krawetz v. Cochran
  126 So. 2d 541· Fla.· 1961-02-03 ·via Writ Of Habeas Corpus
  The court held that a habeas corpus petition based on alleged insanity at the time of arrest, arraignment, and sentencing must be supported by evidence of a prior adjudication of incompetence.
• Dover v. Cochran
  126 So. 2d 139· Fla.· 1961-01-18 ·via Writ Of Habeas Corpus
  The Florida Supreme Court denied a petition for a writ of habeas corpus, finding that the petitioner was not deprived of any constitutional or statutory rights. The court quashed the writ and remanded the petitioner to custody.
• Burley v. State OF Md.
  285 F.2d 746· 4th Cir.· 1961-01-16 ·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, and therefore the appeal should be dismissed.
• Williams v. Cochran
  125 So. 2d 98· Fla.· 1960-12-16 ·via Habeas Corpus Petition
  Kenneth Orlo Williams filed a habeas corpus petition challenging his conviction and two-year sentence for breaking and entering, alleging denial of counsel, jury trial, and lack of knowledge of the co-defendant and building. The Florida Supreme Court, reviewing the trial record,
• James v. Kuykendall
  285 F.2d 480· 10th Cir.· 1960-12-07 ·via Habeas Corpus Petition
  The court held that the naval reviewing authority had the power to change the place of confinement and that the appellant's current confinement is lawful. The court also found no support for the claim that the appellant is confined in immediate association with enemy prisoners.
• Mellette v. Cochran
  123 So. 2d 699· Fla.· 1960-10-28 ·via Writ Of Habeas Corpus
  The Florida Supreme Court denied a habeas corpus petition, finding that although one of the petitioner's sentences was excessive and served, a second valid sentence for a different offense meant he was still lawfully in custody.
• United States ex rel. Ralph Darling v. Martin
  283 F.2d 344· 2d Cir.· 1960-10-13
  The court held that the relator's application for a writ of habeas corpus raised sufficient issues to require a hearing, including claims of ineffective assistance of counsel, a closed trial, and perjured testimony.
• Kurth v. Bennett
  282 F.2d 241· 8th Cir.· 1960-09-30
  The court held that a federal court cannot grant a habeas corpus hearing to re-determine the truth or falsity of testimony already resolved by a state trial jury, based on the same evidence.
• Rhoades v. Bohn
  16 Fla. Supp. 164· Duval Cty. Cir. Ct.· 1960-09-02 ·via Application For Writ Of Habeas Corpus
  In this habeas corpus proceeding, the circuit court reconsidered its prior denial of a writ of habeas corpus in light of appellate opinions regarding enforcement of a Wisconsin custody decree. The court determined that while it had discretion under comity principles to aid in enf
• United States ex rel. Gladys M. de Los Angeles Mena y Campos de Jerez v. Esperdy
  281 F.2d 182· 2d Cir.· 1960-07-01
  An alien who has entered the United States and is subject to deportation does not qualify for discretionary relief under Section 5 of the Act of 1957, which applies only to aliens seeking admission.
• Parrish v. Cochran
  121 So. 2d 423· Fla.· 1960-06-17 ·via Writ Of Habeas Corpus
  The court held that the informations were insufficient because they failed to allege that the petitioner received anything in return for the worthless checks, entitling him to relief.
• United States ex rel. Josip Lovric v. Alva L. Pilliod
  279 F.2d 173· 7th Cir.· 1960-06-16
  The court held that the district court erred in denying the petition without a complete record, especially given the urgency of the deportation proceedings.
• Harris v. Cochran
  122 So. 2d 465· Fla.· 1960-05-04
  A married minor is not entitled to the statutory notification of charges to parents required for unmarried minors.
• Scherer v. State OF Wyo.
  278 F.2d 469· 10th Cir.· 1960-04-14 ·via Habeas Corpus Petition
  The court held that a hearing is required to determine if the petitioner pleaded guilty to the habitual criminal charge, as the judgment's language is ambiguous.