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 September petition for habeas corpus must be denied because the named warden no longer has custody, and the June petition was correctly denied as removal does not prevent appeal.
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A state may prosecute capital offenses by information without violating the Fourteenth Amendment's due process clause.
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The court held that the applicants were denied their statutory right to counsel and the presence of a friend or relative by not being given a fixed period of time to arrange for them.
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The court held that the Attorney General has the authority to order the exclusion of an alien without a hearing, consistent with inherent executive power.
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168 F.2d 861·
8th Cir.·
1948-07-01
The court held that the record did not sufficiently demonstrate that the appellant knowingly and intelligently waived his right to counsel and understood the charges and consequences of his guilty plea, requiring further proceedings.
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168 F.2d 519·
8th Cir.·
1948-06-09
The court held that the appellant is not entitled to credit for time spent at liberty under erroneous orders of discharge.
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167 F.2d 802·
7th Cir.·
1948-04-30
The court held that the judgment of the Criminal Court of Cook County was not void, and therefore the petition for a writ of habeas corpus was properly dismissed.
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167 F.2d 221·
4th Cir.·
1948-03-23
The court held that the district court's dismissal of the habeas corpus petition was proper.
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The court held that the petitioner was not subjected to double jeopardy because the acquittal of assault with intent to commit murder was not a bar to a subsequent prosecution for manslaughter.
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164 F.2d 483·
9th Cir.·
1947-11-10
The court held that it cannot entertain an original petition for a writ of habeas corpus except in aid of its appellate jurisdiction, and denied the petitioner's motion and petition.
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159 Fla. 426·
Fla.·
1947-08-01
Charles Cantrell, sentenced to life imprisonment as a habitual criminal (fourth felony conviction), challenged his conviction via habeas corpus. The Florida Supreme Court held that his fourth conviction was invalid because the crimes underlying his second and third convictions we
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162 F.2d 334·
9th Cir.·
1947-05-27
The court held that a petitioner must make a good faith attempt to seek redress in state courts, even if state jurisprudence is unsettled, before seeking federal habeas corpus relief.
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The court held that the appellant's contentions regarding the validity of his convictions were without merit and that the trial court's denial of his habeas corpus petition was correct.
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The court found that the petitioner's application for a Writ of Habeas Corpus was not wholly without merit and that legal points warrant review.
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157 F.2d 766·
7th Cir.·
1946-11-05
The Federal Court lacks jurisdiction to entertain the relator's petition for a writ of habeas corpus.
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The court held that the appellant's habeas corpus application presented no valid grounds for relief, as the issues raised were either previously decided, lacked merit, or were demonstrably false based on the record.
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The court held that the District Court's dismissal of the habeas corpus petition was proper because there was substantial evidence to support the judge's finding that the petitioner's detention was not unlawful.
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The court held that a federal court will not re-examine questions already adjudicated by a state court on habeas corpus, absent exceptional circumstances.
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A defendant cannot use habeas corpus to retry factual issues, such as the statute of limitations, that were or could have been determined at trial.
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153 F.2d 800·
D.C. Cir.·
1946-03-04
The court held that a probation order issued after commitment is void, and a void probation order does not constitute an unconditional reduction of sentence.
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The court held that the appellant's current motion to vacate judgment and sentence presented no new grounds for relief and was without merit.
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152 F.2d 453·
7th Cir.·
1945-12-06
The court held that a petitioner who received habeas corpus relief due to an illegal transfer can be re-imprisoned if the original cause was legal and proper forms are observed.
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156 Fla. 537·
Fla.·
1945-11-09
The court held that the rescission of a conditional pardon due to a subsequent conviction is lawful, and the petitioner must serve the remainder of his original sentence.
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151 F.2d 700·
9th Cir.·
1945-11-05
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The Florida Supreme Court denied the Attorney General's quo warranto petition seeking to void portions of a labor union agreement between Dade County Roofing Co. and Local Union No. 57, claiming the agreement violated Florida's newly-adopted constitutional right-to-work amendment
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The court held that the petitioner failed to prove he did not take the induction oath or that he was denied due process regarding his conscientious objector status and appeal rights.
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Dennis McArthur seeks a writ of habeas corpus, claiming he has been unlawfully detained beyond the expiration of his sentences. The Florida Supreme Court holds that two sentences imposed in 1939 run concurrently rather than consecutively, and that McArthur was entitled to dischar
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The court held that a habeas corpus petition cannot be used to challenge a conviction based on an indictment's alleged legal insufficiency if the trial court had jurisdiction.
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The court held that the sufficiency of an indictment cannot be challenged in a habeas corpus proceeding and that the lower court's findings regarding waiver of counsel and understanding of charges are not subject to disturbance on appeal.
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Habeas corpus cannot be used to test the validity of a draft board's order in advance of a criminal trial for failing to report for induction.
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145 F.2d 272·
5th Cir.·
1944-11-03
The court held that the findings of the trial judge that the appellant intelligently waived his right to counsel were supported by substantial evidence.
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139 F.2d 28·
9th Cir.·
1943-11-24
The court held that the payment of expert witnesses at a rate higher than prescribed by statute, without evidence of bribery or corruption, did not violate the constitutional guaranty of a fair trial or deprive the petitioner of liberty without due process of law.
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The court held that new issues raised by the relator must be addressed through a bill of exceptions, not a writ of habeas corpus.
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The court held that a federal habeas corpus petition cannot be used to relitigate issues already decided by state courts and affirmed by the Supreme Court, nor can it be used to raise a claim of insanity not previously asserted.
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The court held that a writ of habeas corpus cannot be used to relitigate issues that could have been raised on direct appeal, and the petitioner failed to prove his confession was coerced.
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149 Fla. 597·
Fla.·
1942-02-26
The Florida Supreme Court denied a habeas corpus petition challenging the sufficiency of a murder conviction verdict. The petitioner argued that the jury verdict was invalid because it did not specifically state the degree of homicide, but the court held that under the Criminal P
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The court denied the petition for a writ of habeas corpus.
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The court held that the 1924 Immigration Act imposes no time limitation for deporting aliens who entered in violation of its provisions. Hardship is not a judicial consideration.
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In this habeas corpus case, the Florida Supreme Court held that the City of Tampa was estopped from prosecuting an attorney for violating a municipal ordinance requiring payment of a license tax after the city had attempted to enforce a different (higher) license ordinance that t
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118 F.2d 104·
9th Cir.·
1941-03-11
The court held that the appellant failed to demonstrate an unfair hearing or unlawful action by executive officers concerning his deportation order.
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The court held that the immigration record contained sufficient evidence to support the deportation warrant and that the habeas corpus writ was properly discharged.
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145 Fla. 446·
Fla.·
1941-01-07
McGrath sought habeas corpus relief challenging his confinement in Dade County jail under a Monroe County murder indictment, arguing the proof was not evident nor the presumption great. The Florida Supreme Court reversed the lower court's denial of bail, finding insufficient evid
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117 F.2d 344·
4th Cir.·
1941-01-06
The court held that the Act of May 27, 1930, repealed the Act of February 26, 1929, and therefore the appellant was not entitled to good conduct credits for camp employment under the earlier act.
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Tom Dykes challenged his perjury conviction via habeas corpus, arguing the indictment was defective and violated his rights. The Florida Supreme Court affirmed his conviction, holding that habeas corpus cannot be used to attack the sufficiency of an indictment and that the indict
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Federal district court denied habeas corpus petitions from state prisoners, holding that federal courts lack authority to issue such writs absent exceptional circumstances of peculiar urgency.
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A district court held that a Circuit Judge appointed under the Commerce Court Act retained jurisdiction to preside over district court proceedings even after the Commerce Court was abolished, and therefore the petitioner's conviction was valid.
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A habeas corpus petition sought the release of Leo McGowan from custody pending trial on a murder charge. After the circuit court denied the writ, McGowan was subsequently indicted, tried, convicted of murder in the first degree, and sentenced to life imprisonment, rendering the
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The Florida Supreme Court denied a motion to amend or supplement the bill of exceptions in a habeas corpus proceeding, holding that bills of exceptions cannot be amended by certiorari in the appellate court and any amendments must be made in the trial court before appellate proce
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The Florida Supreme Court affirmed a lower court's decision to remand George Floyd to custody for failing to work public roads. The court found that even if a special road law was unconstitutional, Floyd's actions were still punishable under general state laws.
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The Florida Supreme Court dismissed a writ of error in a habeas corpus case concerning child custody due to a lack of jurisdiction over the defendant in error. The court found that proper legal procedures, such as issuing and serving a scire facias, were not followed, and the wri