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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The court held that the appellant's assertions did not justify vacating the sentence, as there was no evidence of an unfair trial or constitutional violations.
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278 F.2d 245·
D.C. Cir.·
1960-03-24
The court held that the appellant was lawfully taken into custody and was not entitled to release, as his original sentence was subject to federal conditional release statutes, not District of Columbia parole law.
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The court held that federal courts cannot grant habeas corpus relief to re-weigh evidence or pass on admissibility of testimony in state court proceedings, as these are matters for direct appeal.
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275 F.2d 894·
D.C. Cir.·
1960-03-03
The court held that the District Court erred in denying a habeas corpus petition without stating its grounds, requiring a remand for further proceedings.
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Gordon Francis Hyatt petitioned for habeas corpus relief, challenging the validity of his guilty plea conviction on grounds of mental incompetency at the time of trial. The Florida Supreme Court, based on expert psychiatric testimony and a Commissioner's findings that Hyatt was n
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A federal court will entertain a habeas corpus application only after all available state remedies, including certiorari to the U.S. Supreme Court, have been exhausted.
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114 So. 2d 228·
Fla. 2d DCA·
1959-08-18
The Florida District Court of Appeal vacated a conviction and sentence because the statute under which the petitioner was charged was previously declared invalid by the Florida Supreme Court. The petitioner was remanded for sentencing on the remaining counts.
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The federal court affirmed the denial of the writ of habeas corpus because the state provides a remedy for the petitioner's claims.
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263 F.2d 604·
2d Cir.·
1959-02-05
The court held that the district judge did not err in refusing to order a hearing to recall witnesses in the habeas corpus proceeding.
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107 So. 2d 15·
Fla.·
1958-12-05
The Florida Supreme Court denied a second petition for a writ of habeas corpus, finding that the issues raised had already been decided in a prior, similar petition and were therefore res judicata.
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The court affirmed the denial of the writ of habeas corpus, finding the petitioner waived his speedy trial rights and failed to exhaust state remedies.
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The court held that the denial of counsel during the confession did not constitute a constitutional deprivation, and claims of coerced confession and ineffective counsel were unsupported.
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257 F.2d 874·
4th Cir.·
1958-06-30
The court held that the Immigration Officer-in-Charge did not abuse his discretion in ordering the repatriation of an alien seaman with tuberculosis, given the medical prognosis and the shipowner's agreement to provide care.
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A district court cannot review a final order of deportation in a hearing on a petition for naturalization; the court must deny the petition if a final deportation order is outstanding.
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252 F.2d 560·
7th Cir.·
1958-02-18
The court held that a writ of mandamus would not issue to compel a hearing on a habeas corpus petition when a final, appealable order dismissing the petition had already been entered.
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252 F.2d 205·
7th Cir.·
1958-02-06
The court held that the district court did not err in denying the petition for a writ of habeas corpus, finding that the state court proceedings did not deprive the petitioner of his constitutional rights.
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The court held that 8 U.S.C.A. § 1401(a)(7) is not retroactive, and therefore the appellant, born abroad to an alien father and an American mother before the statute's effective date, is not a citizen under that provision.
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A federal court cannot grant habeas corpus if the petitioner has not exhausted adequate state remedies, even if the petitioner escaped from jail.
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248 F.2d 809·
1st Cir.·
1957-10-25
A state prisoner seeking federal habeas corpus relief must exhaust all available state remedies, including petitioning the U.S. Supreme Court for a writ of certiorari from an adverse state supreme court decision.
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244 F.2d 695·
5th Cir.·
1957-05-29
The court held that the petitioner failed to present sufficient evidence to support claims of conviction by perjured testimony or punishment under an ex post facto law.
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244 F.2d 495·
8th Cir.·
1957-05-07
A federal district court must hold a hearing on a habeas corpus petition alleging knowing use of perjured testimony, unless specific exceptions apply, even if state courts denied relief on procedural grounds.
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The court held that the petitioner failed to show a violation of his federal constitutional rights, and therefore denied his petition for a certificate of probable cause.
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The court held that assignment of counsel is not warranted when the appeal is wholly without merit and the relator can obtain no relief.
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Thomas McMahon was convicted of breaking and entering with intent to commit assault and battery and sentenced to five years hard labor. The Florida Supreme Court rejected his claims that the charge did not state a crime and that his trial without counsel violated his constitution
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The court held that a prisoner's failure to comply with reasonable state appellate procedural requirements, resulting in the denial of an appeal, does not form a basis for federal habeas corpus relief.
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Mathew Smith appeals his perjury conviction for allegedly lying during habeas corpus proceedings about his arrest history. The Florida Supreme Court reverses, holding that the false statements were not material to the issue before the court in the habeas corpus proceeding, which
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239 F.2d 852·
5th Cir.·
1957-01-09
The court held that the appeal is moot because the necessary travel documents for deportation have been obtained since the appeal was filed.
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239 F.2d 784·
2d Cir.·
1957-01-03
The court held that the Board of Immigration Appeals did not err in denying discretionary relief and that the deportation orders were not invalid due to the statute of limitations.
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The court held that a writ of habeas corpus cannot be used to interrupt the orderly administration of criminal laws or as a substitute for ordinary trial proceedings.
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The Court held that the petitioner had an adequate and effective remedy under 28 U.S.C.A. § 2255, and that the second sentence did not subject him to double jeopardy.
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The court held that the petitioner's contention that he had served his sentence was not well taken, as the sentencing court intended to impose three separate sentences, including a 30-year sentence for the Dyer Act case.
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The court held that the Illinois Parole Board's actions did not cause the state to lose jurisdiction over the petitioner.
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233 F.2d 208·
3d Cir.·
1956-05-11
The court held that the relator's constitutional rights were protected throughout the proceedings, and his habeas corpus petition was therefore properly denied.
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The court held that the appellant received a full and complete hearing and that his appeal lacked substance.
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230 F.2d 668·
5th Cir.·
1956-03-14
The court held that immigration officials had lawful jurisdiction over the alien upon his entry into the United States, even if involuntary, and therefore his detention was lawful.
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The court held that the petitioner was not twice placed in jeopardy for the same offense, and the sentence on the second information was not void.
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The court held that the refusal to appoint counsel in a state habeas corpus proceeding did not violate due process, especially when the petitioner's claims lacked merit.
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The court held that the petitioner's detention was lawful, as he was subject to return to prison for parole violations, and his constitutional rights were not violated.
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The court held that a federal district court lacks jurisdiction to entertain a state prisoner's habeas corpus application if the prisoner has not exhausted available state remedies.
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225 F.2d 1·
9th Cir.·
1955-04-22
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79 So. 2d 519·
Fla.·
1955-04-13
The Florida Supreme Court held that petitioner's life sentence for a fourth felony conviction was invalid because the fourth alleged felony—resisting arrest—was not proven to be a felony, making the habeas corpus petition meritorious and requiring resentencing.
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218 F.2d 320·
9th Cir.·
1954-12-18
An alien charged with being a Communist, facing deportation, can be held without bail if the Attorney General has good cause to believe the alien is dangerous, even if bail was previously granted.
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217 F.2d 603·
9th Cir.·
1954-11-29
The court held that the administrative deportation proceedings were fair and conducted with due process, and that the trial court correctly denied the petition for a writ of habeas corpus.
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74 So. 2d 295·
Fla.·
1954-07-16
A grandmother acting as next friend for a minor child sought to set aside a custody decree via bill of review, claiming the underlying parental stipulation was procured by fraud. The Florida Supreme Court held that the child and grandmother, as non-parties to the stipulation, lac
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213 F.2d 161·
7th Cir.·
1954-05-12
The court held that the Assistant Commissioner's statement did not demonstrate an abuse or failure to exercise discretion, and thus prior circuit precedent governed.
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203 F.2d 934·
1st Cir.·
1953-04-27
The court held that the district court's findings of fact were not clearly erroneous, and thus the Commonwealth did not deny the appellant procedural due process by denying him a reasonable opportunity to obtain counsel of his choice.
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197 F.2d 856·
3d Cir.·
1952-07-02
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196 F.2d 785·
3d Cir.·
1952-04-30
The court held that the endorsements on the bill of indictment, not the docket entries, constitute the primary record of the proceeding, and thus the sentence was not excessive.
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2 Fla. Supp. 54·
Dade Cty. Cir. Ct.·
1952-03-10
Frazier and Lee, union officers and employees, were arrested for violating Florida's Public Utility Arbitration Law (Chapter 453), which prohibited strikes in public utilities and mandated compulsory arbitration. The court held the law unconstitutional as preempted by federal lab