Petition For Writ Of Habeas Corpus

7,506 Florida cases classified under this topic, plus 5,490 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Haymes v. Montanye
  547 F.2d 188· 2d Cir.· 1976-12-28 ·cited 30×·via Habeas Corpus Petition
  The court held that there are genuine issues of material fact regarding whether the prisoner's transfer violated his First Amendment rights or his right to assist other prisoners with habeas corpus petitions.
• Cameron v. Fastoff
  543 F.2d 971· 2d Cir.· 1976-04-22 ·cited 30×·via Habeas Corpus Petition
  The court held that petitioners failed to exhaust state remedies for their federal constitutional claims, but affirmed the dismissal on the merits for the claim regarding probable cause for the search warrants.
• Haefeli v. Chernoff
  526 F.2d 1314· 5th Cir.· 1975-12-15 ·cited 30×·via Writ Of Habeas Corpus
  The court held that the warrantless search of the automobile was permissible under the automobile exception due to exigent circumstances and probable cause, and that the subsequent search warrant for the apartment was validly issued based on sufficient probable cause.
• Jasper Roberson v. State OF Conn.
  501 F.2d 305· 2d Cir.· 1974-07-31 ·cited 30×
  The court did not issue a holding as this is a concurring and dissenting opinion.
• Collier v. Estelle
  488 F.2d 929· 5th Cir.· 1974-01-31 ·cited 30×
  The court held that the defendant's right to appeal was not automatically waived by his attorney's motion to dismiss, and an evidentiary hearing is required to determine if the defendant knowingly and intelligently waived his right to appeal.
• United States ex rel. James Allum v. Twomey
  484 F.2d 740· 7th Cir.· 1973-08-20 ·cited 30×
  A deliberate tactical decision by competent counsel not to object to the admission of evidence at trial can waive the client's right to claim constitutional error, even if the decision was an oversight by counsel.
• Tyler v. Swenson
  483 F.2d 611· 8th Cir.· 1973-08-15 ·cited 30×·via Habeas Corpus Petition
  District courts are required to consider exhausted claims in a habeas petition even if other unrelated claims within the same petition are unexhausted.
• Gomez v. Beto
  462 F.2d 596· 5th Cir.· 1972-07-14 ·cited 30×·via Habeas Corpus Petition
  The court held that the failure of defense counsel to investigate the appellant's sole defense (alibi) and subpoena witnesses constituted ineffective assistance of counsel.
• Leavitt v. Howard
  462 F.2d 992· 1st Cir.· 1972-05-24 ·cited 30×·via Habeas Corpus Proceedings
  The court held that the district court erred in disregarding the state court's findings of fact regarding consent to search, as the state court's findings were supported by the record and no statutory exceptions under 28 U.S.C. § 2254(d) were met.
• de Lara v. United States
  439 F.2d 1316· 5th Cir.· 1971-03-10 ·cited 30×
  A state court's setting aside of a conviction after probation does not prevent federal deportation proceedings based on that conviction.
• Meller v. State OF Mo.
  431 F.2d 120· 8th Cir.· 1970-08-17 ·cited 30×·via Habeas Corpus Petition
  The court held that the defendant's 1952 guilty plea and waiver of counsel were voluntary and intelligent, and that the Boykin v. Alabama decision should not be applied retroactively.
• Thompkins v. U. S. Bd. OF Parole
  427 F.2d 222· 5th Cir.· 1970-06-15 ·cited 30×·via Writ Of Habeas Corpus
  The determination of eligibility for parole is wholly within the discretion of the Parole Board, and prisoners are not entitled to parole as a matter of right.
• In re Parker
  423 F.2d 1021· 8th Cir.· 1970-03-23 ·cited 30×
  The federal court erred in granting habeas corpus relief because it failed to give presumptive weight to the state court's factual findings, and the petitioner did not provide convincing evidence to overcome this presumption.
• Perkins v. Henderson
  418 F.2d 441· 5th Cir.· 1969-11-12 ·cited 30×·via Writ Of Habeas Corpus
  The court held that a consent to search is invalid if the individual is not informed that they have the right to refuse consent.
• Martis C. Scalf v. Bennett
  408 F.2d 325· 8th Cir.· 1969-03-11 ·cited 30×
  The court held that the appellant's claims of constitutional violations were without merit, and the district court correctly denied his petition for habeas corpus relief.
• Kruchten v. Eyman
  406 F.2d 304· 9th Cir.· 1969-01-17 ·cited 30×
  The court held that the appellant did not receive ineffective assistance of counsel and was not denied due process, as the attorney acted in good faith and there was no actual conflict of interest.
• Emmitt Monroe Spencer v. Wainwright
  403 F.2d 778· 5th Cir.· 1968-11-22 ·cited 30×·via Habeas Corpus Petition
  The court held that the federal district court erred in denying the petition for habeas corpus because the petitioner had not exhausted his available state remedies.
• Welch v. Beto
  400 F.2d 582· 5th Cir.· 1968-08-01 ·cited 30×
  The court held that a federal district court must make specific findings of fact and conclusions of law in habeas corpus proceedings.
• Hill v. Beto
  390 F.2d 640· 5th Cir.· 1968-02-21 ·cited 30×·via Habeas Corpus Petition
  The court held that conviction by a state for robbery after a federal conviction for the same act does not constitute double jeopardy.
• Booker v. State OF Ark.
  380 F.2d 240· 8th Cir.· 1967-07-10 ·cited 30×
  The federal district court correctly dismissed the prisoner's petition because it lacked jurisdiction to grant relief via mandamus, declaratory judgment, habeas corpus, or coram nobis for a state conviction while the prisoner was serving a federal sentence in another district.
• Martinez v. United States
  344 F.2d 325· 10th Cir.· 1965-04-07 ·cited 30×·via Habeas Corpus Petition
  A motion for post-conviction relief requires factual allegations, not mere conclusions, to warrant a hearing.
• Dillard v. Bomar
  342 F.2d 789· 6th Cir.· 1965-03-24 ·cited 30×·via Writ Of Habeas Corpus
  The Sixth Circuit held that there is no constitutional right to a preliminary hearing, and therefore, denial of such a hearing does not violate due process.
• Charley Luther Pike v. Dickson
  323 F.2d 856· 9th Cir.· 1963-10-18 ·cited 30×·via Habeas Corpus Petition
  The court held that the trial court erred in summarily dismissing the habeas corpus petition without inquiring into the alleged facts of prosecutorial misconduct and prejudice.
• Egan v. Harley O. Teets
  251 F.2d 571· 9th Cir.· 1957-12-26 ·cited 30×·via Writ Of Habeas Corpus
  The court held that the district court erred in dismissing the application without a hearing on the claim of denial of the right to appeal, but affirmed the dismissal of other claims. The court also held that the appellant waived his right to appeal the suppression of his appeal
• United States ex rel. Nickolas Diani Circella v. Sahli
  216 F.2d 33· 7th Cir.· 1954-10-12 ·cited 30×
  The court held that the relator was subject to deportation based on prior convictions and that the Immigration and Nationality Acts were constitutional as applied. The court also affirmed the lower court's dismissal of the writ of habeas corpus.
• COX v. Wedemeyer
  192 F.2d 920· 9th Cir.· 1951-11-21 ·cited 30×
  The court held that the appeal board's failure to consider the registrant's conscientious objector claim rendered the induction order void, and subsequent actions did not constitute a waiver of this defect.
• Meyers v. United States
  181 F.2d 802· D.C. Cir.· 1950-04-10 ·cited 30×·via Writ Of Habeas Corpus
  The court held that a motion to vacate a conviction under 28 U.S.C. § 2255 and a petition for a writ of habeas corpus are not proper remedies for alleged errors of law occurring during a trial, unless the remedy under § 2255 is inadequate or ineffective.
• Johnson v. DYE
  175 F.2d 250· 3d Cir.· 1949-05-17 ·cited 30×·via Habeas Corpus Petition
  The court held that the petitioner was subjected to cruel and unusual punishment by the State of Georgia, violating the Fourteenth Amendment, and therefore must be discharged from custody.
• Council v. Clemmer
  177 F.2d 22· D.C. Cir.· 1949-05-16 ·cited 30×
  The court held that there is no constitutional requirement for counsel at a preliminary hearing or upon arraignment when a plea of not guilty is entered, and that the admission of guilt was properly admitted.
• Tilghman v. Hunter
  167 F.2d 661· 10th Cir.· 1948-04-20 ·cited 30×
  The court held that defects in an indictment are not reviewable in a habeas corpus proceeding after conviction, and the petitioner failed to prove the knowing use of perjured testimony.
• United States ex rel. Jackson v. Brady
  133 F.2d 476· 4th Cir.· 1943-02-09 ·cited 30×
  The court held that the petitioners waived their claim of racial discrimination in jury selection by failing to present evidence or adequately object in the state trial court. The District Court's dismissal of the habeas corpus petition is affirmed.
• McJORDAN v. Huff
  133 F.2d 408· D.C. Cir.· 1943-02-01 ·cited 30×
  Appellant was entitled to counsel at his preliminary hearing and arraignment, and his waiver of this right was not intelligent.
• Amodeo v. FCC Coleman - Low Warden
  984 F.3d 992· 11th Cir.· 2021-01-08 ·cited 29×
  A federal prisoner's claim of actual innocence is cognizable under 28 U.S.C. § 2255, and therefore, a § 2241 petition is not available under the saving clause exception.
• Johnson v. State
  135 So. 3d 1002· Fla.· 2014-01-09 ·cited 29×·via Writ Of Habeas Corpus
  Richard Allen Johnson, convicted of first-degree murder, kidnapping, and sexual battery in the 2001 death of Tammy Hagin, appealed the denial of his postconviction Rule 3.851 motion and filed a habeas petition. The Florida Supreme Court affirmed the denial of all postconviction r
• Stewart v. State
  37 So. 3d 243· Fla.· 2010-05-27 ·cited 29×·via Writ Of Habeas Corpus
  Kenneth Allen Stewart appealed the denial of his Rule 3.851 motion to vacate his death sentence for the 1984 murder of Ruben Diaz, and petitioned for a writ of habeas corpus. The Florida Supreme Court affirmed the postconviction court's denial of relief, rejecting Stewart's claim
• White v. State
  964 So. 2d 1278· Fla.· 2007-07-12 ·cited 29×·via Habeas Corpus Petition
  William Melvin White, convicted of first-degree murder and sentenced to death in 1978 for the murder of Gracie Mae Crawford, appeals the circuit court's denial of his Rule 3.851 motion for post-conviction relief. The Florida Supreme Court affirms the denial, rejecting White's cla
• York v. State
  891 So. 2d 569· Fla. 2d DCA· 2004-12-01 ·cited 29×
  York petitioned for relief claiming his appellate counsel was ineffective for failing to argue that a jury instruction on justifiable use of force constituted fundamental error during his trial for aggravated battery and shooting into a vehicle. The court agreed that appellate co
• Peterka v. State
  890 So. 2d 219· Fla.· 2004-09-30 ·cited 29×·via Writ Of Habeas Corpus
  Daniel Peterka, sentenced to death for murdering his roommate in 1989, appealed the trial court's denial of postconviction relief and petitioned for habeas corpus. The Florida Supreme Court affirmed the denial of all relief, finding no ineffective assistance of trial or appellate
• Persaud v. State
  838 So. 2d 529· Fla.· 2003-01-23 ·cited 29×
  The Florida Supreme Court dismissed three petitions for extraordinary writs (habeas corpus and mandamus) filed by three criminal defendants seeking review of per curiam affirmances from district courts of appeal. The Court held that it lacks jurisdiction to review per curiam deci
• Paul v. Jenne
  728 So. 2d 1167· Fla. 4th DCA· 1999-03-03 ·cited 29×
  Jean David Paul's bond was revoked after his arrest for firearms and drug offenses while on bail for attempted second degree murder. The Fourth District Court of Appeal granted his habeas corpus petition, holding that a trial court cannot deny bond altogether following a bond vio
• Johnson v. Singletary
  612 So. 2d 575· Fla.· 1993-01-29 ·cited 29×
  Larry Joe Johnson, a death row inmate, petitioned for habeas corpus relief challenging his death sentence based on allegedly improper jury instructions regarding aggravating factors under Eighth Amendment standards set by recent Supreme Court precedent. The Florida Supreme Court
• Kelley v. Dugger
  597 So. 2d 262· Fla.· 1992-03-12 ·cited 29×
  William H. Kelley, a death row inmate convicted of a 1966 contract killing, petitioned for habeas corpus relief challenging his conviction and sentence on grounds of ineffective appellate counsel, ex post facto violation, and overbroad aggravating factors. The Florida Supreme Cou
• Byrne v. Butler
  845 F.2d 501· 5th Cir.· 1988-05-09 ·cited 29×·via Habeas Corpus Petition
• Brown v. Butler
  811 F.2d 938· 5th Cir.· 1987-03-10 ·cited 29×·via Habeas Corpus Petition
  The court held that a guilty plea is voluntary if the defendant is aware of the elements of the crime, and that a Sixth Amendment right to counsel does not extend to routine presentence interviews. However, failure to advise a defendant of a potential venue defense may constitute
• Makana LEE & Ft. Steuben Co., Inc. v. Johnson
  799 F.2d 31· 3d Cir.· 1986-08-07 ·cited 29×·via Habeas Corpus Petition
  The court held that the Government's position must be clearly reasonable, well-founded in law and fact, to be considered substantially justified under the amended Equal Access to Justice Act.
• Ruffin v. Louie L. Wainwright
  461 So. 2d 109· Fla.· 1984-12-20 ·cited 29×
  Mack Ruffin petitioned for a writ of habeas corpus alleging he was denied effective assistance of appellate counsel. The Florida Supreme Court denied the petition, holding that appellate counsel's failure to raise certain claims did not constitute ineffective assistance because t
• In re Shriner v. Louie L. Wainwright
  735 F.2d 1236· 11th Cir.· 1984-06-19 ·cited 29×
  The Eleventh Circuit affirmed the district court's denial of the habeas petition, finding that the claims were either previously litigated, lacked merit, or constituted an abuse of the writ under Rule 9(b).
• United States ex rel. John Williams v. DeROBERTIS
  715 F.2d 1174· 7th Cir.· 1983-08-19 ·cited 29×·via Habeas Corpus Petition
  A criminal defendant's ignorance of specific jury attributes, such as the right to participate in jury selection or the requirement of a substantial majority vote for conviction, does not render their waiver of a jury trial constitutionally invalid.
• Parisie v. J.W. Greer
  705 F.2d 882· 7th Cir.· 1983-03-28 ·cited 29×
  The en banc court affirmed the district court's denial of the habeas corpus petition, vacating the prior panel decision, due to an equally divided court on the merits and a majority finding no jurisdiction or affirming the lower court.
• Francois v. State
  423 So. 2d 357· Fla.· 1982-12-01 ·cited 29×
  Marvin Francois, convicted of six first-degree murders and sentenced to death, appealed the denial of his motion for post-conviction relief under Rule 3.850 and filed a habeas corpus petition alleging ineffective assistance of trial and appellate counsel. The Florida Supreme Cour