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

• Grissom v. Louie L. Wainwright
  494 F.2d 30· 5th Cir.· 1974-05-20 ·cited 24×
  The court held that the trial court was not constitutionally required to hold a competency hearing because no evidence presented raised a bona fide doubt as to the defendant's competency to stand trial.
• Mayer v. Moeykens
  494 F.2d 855· 2d Cir.· 1974-03-27 ·cited 24×·via Habeas Corpus Petition
  The court held that a conviction will not be reversed due to a denial of a pre-trial probable cause hearing if the denial has no bearing on the conviction itself. The court also affirmed that probable cause for an arrest can be established by the arresting officers' independent k
• Mosher v. Lavallee
  491 F.2d 1346· 2d Cir.· 1974-01-08 ·cited 24×
  The court held that a guilty plea induced by defense counsel's false assurance of a specific sentence, which the defendant reasonably believed, renders the plea involuntary and constitutes ineffective assistance of counsel.
• Simpson v. Louie L. Wainwright
  488 F.2d 494· 5th Cir.· 1973-11-27 ·cited 24×
  The court held that the district court erred in summarily dismissing all claims as an abuse of the Great Writ, but affirmed dismissal of one specific claim.
• Wilkins v. Erickson
  484 F.2d 969· 8th Cir.· 1973-09-26 ·cited 24×
  An order transferring a habeas corpus petition under 28 U.S.C. § 1404(a) is not appealable as of right, but may be reviewed by writ of mandamus if it involves an issue of law or abuse of discretion. The court held that a prisoner may bring a habeas corpus petition in the federal
• Austin v. Erickson
  477 F.2d 620· 8th Cir.· 1973-04-20 ·cited 24×
  The court held that the joint representation of co-defendants by a single attorney created an actual conflict of interest that deprived the petitioner of her Sixth Amendment right to effective assistance of counsel.
• Farmer v. Caldwell
  476 F.2d 22· 5th Cir.· 1973-03-23 ·cited 24×·via Habeas Corpus Petition
  The court held that the district court did not err in denying habeas corpus relief, as the petitioner's guilty pleas were voluntary and knowingly entered, and the state court proceedings were adequate.
• United States ex rel. Clay Thomas v. State OF NEW Jersey
  472 F.2d 735· 3d Cir.· 1973-01-23 ·cited 24×
  The district court had the power to order a state prisoner's release pending appeal from a habeas corpus grant, but lacked authority to direct state courts to fix bail or accept recognizance.
• Orricer v. Erickson
  471 F.2d 1204· 8th Cir.· 1973-01-12 ·cited 24×·via Habeas Corpus Petition
  The court affirmed the district court's judgment, agreeing that the evidence was admissible.
• Broward Davis v. Louie L. Wainwright
  462 F.2d 1354· 5th Cir.· 1972-07-03 ·cited 24×·via Habeas Corpus Petition
  The court held that a state prisoner is not entitled to federal habeas relief based on a claim that he was not advised of his right to a direct appeal after pleading guilty, but vacated the denial of relief concerning the use of invalid prior convictions in sentencing.
• United States ex rel. Charles Terry v. Henderson
  462 F.2d 1125· 2d Cir.· 1972-06-13 ·cited 24×·via Habeas Corpus Petition
  The court held that a state prisoner's federal habeas corpus petition can be denied without a hearing if the prisoner deliberately bypassed state procedures for challenging the voluntariness of his confession, especially when counsel affirmatively used the confession at trial.
• United States ex rel. Edwin Gockley v. Myers
  450 F.2d 232· 3d Cir.· 1971-09-20 ·cited 24×·via Habeas Corpus Petition
  The court held that the petitioner failed to demonstrate that his arrest was illegal or that his statements were coerced, and therefore, he was not entitled to federal habeas corpus relief.
• Ernie Lee Buchanan v. Clark
  446 F.2d 1379· 5th Cir.· 1971-08-18 ·cited 24×·via Habeas Corpus Petition
  The court held that a federal prisoner is not entitled to habeas corpus relief based on the Parole Board's denial of parole, as parole decisions are discretionary and there is no constitutional right to counsel at parole eligibility hearings.
• McGRIFF v. Louie L. Wainwright
  431 F.2d 897· 5th Cir.· 1970-09-03 ·cited 24×
  The court held that a prisoner is not entitled to habeas corpus relief for denial of a direct appeal if the failure to appeal was due to his own inaction or the misfeasance of privately retained counsel, not state action.
• Henderson v. Cardwell
  426 F.2d 150· 6th Cir.· 1970-05-18 ·cited 24×
  The court held that a prisoner's claim of being denied an appeal due to lack of knowledge of his right and counsel's failure to advise him is cognizable in habeas corpus, and remanded for an evidentiary hearing.
• Sangaree v. Hamlin
  235 So. 2d 729· Fla.· 1970-05-13 ·cited 24×·via Writ Of Habeas Corpus
  A defendant arrested without warrant seeks habeas corpus release, alleging lack of preliminary hearing before grand jury indictment and constitutional violations during interrogation. The Florida Supreme Court denies the writ, holding that a preliminary hearing is not a prerequis
• Benoit v. Wingo
  423 F.2d 880· 6th Cir.· 1970-04-03 ·cited 24×
  The court held that the appellant was denied effective assistance of counsel on his state appeal, entitling him to a review of his conviction or release.
• Pringle v. Beto
  424 F.2d 515· 5th Cir.· 1970-03-26 ·cited 24×
  The court affirmed the district court's dismissal of the habeas corpus petition, finding the sentence cumulation complied with state law.
• United States ex rel. Leroy Williams v. LaVALLEE
  415 F.2d 643· 2d Cir.· 1969-09-10 ·cited 24×·via Writ Of Habeas Corpus
  The court held that the identification procedure, arrest, and search were constitutional, and thus denied the petition for a writ of habeas corpus.
• Settimo (Sam) Accardi v. Olin G. Blackwell
  412 F.2d 911· 5th Cir.· 1969-06-11 ·cited 24×
  The court held that the district court properly denied the appellant's motions for correction of sentence and for a writ of habeas corpus.
• Curry v. Wilson
  405 F.2d 110· 9th Cir.· 1968-12-13 ·cited 24×·via Habeas Corpus Petition
  A defendant's counsel can waive constitutional objections as a matter of trial strategy, and this waiver binds the defendant, even if the state court initially considered the merits of the waived claims.
• Powers v. Powers
  400 F.2d 438· 5th Cir.· 1968-09-11 ·cited 24×
  The court held that the district court must make findings of fact regarding whether the registrant received misleading information from the draft board about his appeal rights, as this could constitute a denial of due process.
• Myers v. Frye
  401 F.2d 18· 7th Cir.· 1968-07-12 ·cited 24×·via Habeas Corpus Petition
• Kennedy v. Sigler
  397 F.2d 556· 8th Cir.· 1968-07-12 ·cited 24×·via Habeas Corpus Petition
  A prior conviction is not rendered void by an erroneous sentence, and a juvenile can be prosecuted as an adult in district court, thus the 1946 conviction was valid for habitual criminal statute purposes.
• Stepp v. Beto
  398 F.2d 814· 5th Cir.· 1968-07-11 ·cited 24×·via Habeas Corpus Petition
  A prisoner may challenge a consecutive sentence even if currently serving a shorter sentence, if the shorter sentence is valid.
• Maxwell v. Bishop
  398 F.2d 138· 8th Cir.· 1968-07-11 ·cited 24×·via Habeas Corpus Petition
  The court held that the statistical evidence presented did not establish a prima facie case of racial discrimination in sentencing for the petitioner's specific case, and thus did not shift the burden to the state to justify the sentencing disparity.
• Smith v. The State OF Tex.
  395 F.2d 958· 5th Cir.· 1968-06-10 ·cited 24×
  The court held that the appellant is entitled to a judicial determination of the voluntariness of his confession, as required by Jackson v. Denno, and that the rule in Jackson v. Denno is retroactive.
• Goins v. Allgood
  391 F.2d 692· 5th Cir.· 1968-03-12 ·cited 24×·via Habeas Corpus Petition
  The court held that the district court erred in summarily denying the habeas corpus petition without a hearing, as a new ground of systematic exclusion of Negroes from the grand jury was presented. The court found the facts regarding this exclusion undisputed and ordered the peti
• Knowles v. Gladden
  378 F.2d 761· 9th Cir.· 1967-05-03 ·cited 24×
  A voluntary and understanding guilty plea conclusively establishes all elements of the offense, rendering the admissibility of prior confessions immaterial.
• Alphonso Russell Williams v. Peyton
  372 F.2d 216· 4th Cir.· 1967-01-26 ·cited 24×·via Habeas Corpus Petition
  The court held that a prisoner is 'in custody' for habeas corpus purposes if prior invalid convictions, even if not currently being served, demonstrably restrict parole eligibility on current sentences.
• Johnson v. Wilson
  371 F.2d 911· 9th Cir.· 1967-01-19 ·cited 24×·via Habeas Corpus Petition
  The court held that the district court erred in dismissing the appellant's petition for habeas corpus without an evidentiary hearing.
• Spanbauer v. Burke
  374 F.2d 67· 7th Cir.· 1966-12-28 ·cited 24×
  The dissenting judge believes the petitioner's waiver of counsel was made under circumstances that denied him due process, rendering the waiver invalid.
• Wynn v. Page
  369 F.2d 930· 10th Cir.· 1966-12-20 ·cited 24×
  The court held that the appellant was not afforded his fundamental right to assistance of counsel concerning his right to appeal and did not knowingly forego that right.
• United States ex rel. Fred Floyd v. Wilkins
  367 F.2d 990· 2d Cir.· 1966-09-20 ·cited 24×·via Habeas Corpus Petition
  The court held that the admission of a co-defendant's confession without redaction, coupled with insufficient evidence and ineffective limiting instructions, violated the petitioner's Sixth Amendment right to confrontation, as applied to the states through the Fourteenth Amendmen
• Arley C. Browning v. Crouse
  356 F.2d 178· 10th Cir.· 1966-02-09 ·cited 24×·via Habeas Corpus Petition
  The court held that a docket entry and judge's affidavit are insufficient to prove a defendant was advised of his right to counsel, rendering the conviction void. However, the excess portion of a sentence is severable, meaning the prisoner is not entitled to release if a valid po
• Weathers v. Willingham
  356 F.2d 421· 10th Cir.· 1966-02-04 ·cited 24×
  The court held that parole, even with restrictive conditions, does not constitute continued imprisonment for the purpose of serving a sentence.
• United States ex rel. Joseph Miles Walker v. Fogliani
  343 F.2d 43· 9th Cir.· 1965-03-05 ·cited 24×·via Habeas Corpus Petition
  The court held that the district court should have abstained and allowed Nevada state courts the first opportunity to consider the impact of Escobedo v. Illinois on the appellant's conviction.
• Morgan Simpson v. State
  165 So. 2d 195· Fla. 2d DCA· 1964-06-12 ·cited 24×
  Morgan Simpson appealed the denial of his motion for post-conviction relief seeking to vacate his 1953 robbery conviction and 30-year sentence. The court affirmed the denial, holding that Simpson could not relitigate identical grounds that had already been fully adjudicated and f
• Nelms v. United States
  318 F.2d 150· 4th Cir.· 1963-05-10 ·cited 24×·via Habeas Corpus Proceedings
  The court held that the per curiam opinion's observations disparaging the petitioner's case were ill-advised and could prejudice the upcoming hearing.
• Hall v. Looney
  256 F.2d 59· 10th Cir.· 1958-05-29 ·cited 24×
  The court held that a federal court has jurisdiction to sentence a prisoner in federal custody, and the state sovereign can waive its right to custody, allowing concurrent federal sentences.
• Jenkins v. Madigan
  211 F.2d 904· 7th Cir.· 1954-04-15 ·cited 24×
  The court held that a parole violator's subsequent imprisonment for a new crime does not count towards their original sentence, and federal authorities' acquiescence in state custody does not alter this.
• United States ex rel. Master v. Baldi
  198 F.2d 113· 3d Cir.· 1952-07-08 ·cited 24×
  The district court erred in dismissing the habeas corpus petition without a hearing, as the allegations of a coerced confession, if true, constitute a violation of due process.
• United States v. Estep
  150 F.2d 768· 3d Cir.· 1945-07-06 ·cited 24×·via Writ Of Habeas Corpus
  The court should order a new trial for Estep because he was denied due process and did not have an opportunity to prove it at his original trial.
• Pope v. Huff
  141 F.2d 727· D.C. Cir.· 1944-03-30 ·cited 24×·via Habeas Corpus Proceedings
  The court held that a prior adjudication of issues in a habeas corpus proceeding may be given controlling weight, even if res judicata does not strictly apply.
• Stafford Allison v. Baker
  152 Fla. 274· Fla.· 1943-01-05 ·cited 24×
  Stafford Allison sought habeas corpus relief while imprisoned under a 15-year sentence, challenging his detention pending a murder indictment. The Florida Supreme Court affirmed the denial of the writ, holding that habeas corpus relief would be futile where the petitioner would r
• Miller v. United States
  128 F.2d 519· 5th Cir.· 1942-05-29 ·cited 24×·via Habeas Corpus Petition
  The court held that it has jurisdiction to correct sentencing records to reflect the true sentence pronounced, even after the term has passed, to expunge illegal portions and ensure clarity.
• Levine v. Hudspeth
  127 F.2d 982· 10th Cir.· 1942-05-01 ·cited 24×
  A gross sentence imposed on multiple counts is valid if it does not exceed the maximum penalty for all offenses combined, and denial of the right to appeal is not grounds for habeas corpus relief.
• Tom Arnold ex rel. State of Fla. v. Chase
  94 Fla. 1071· Fla.· 1927-12-08 ·cited 24×·via Writ Of Habeas Corpus
  Tom Arnold, the managing editor of the Miami Tribune, was arrested on a criminal libel charge based on articles criticizing E. G. Sewell, a candidate for City Commissioner. The Florida Supreme Court reversed Arnold's detention, holding that the affidavit failed to charge a crimin
• State v. Johnson
  13 Fla. 33· Fla.· 1869-01-01 ·cited 24×·via Writ Of Habeas Corpus
  James W. Johnson, appointed as receiver of two railroads by a circuit court judge, refused to comply with a supersedeas (stay of proceedings) issued by the Florida Supreme Court following an appeal of the receivership order. The Supreme Court held that Johnson was in contempt for
• Ford v. State
  402 So. 3d 973· Fla.· 2025-02-07 ·cited 23×
  James D. Ford, sentenced to death for brutal 1997 murders of a couple and sexual assault of the wife, appeals the summary denial of his third successive postconviction motion filed shortly before his scheduled execution. The Florida Supreme Court affirms the denial, rejecting For