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

• Grattan v. Sigler
  525 F.2d 329· 9th Cir.· 1975-08-06 ·cited 18×
  The court held that the prisoner was entitled to a new parole hearing because the Board improperly classified his offense severity and failed to provide timely notice and reasons for the classification.
• United States ex rel. Alfred Lewis v. Henderson
  520 F.2d 896· 2d Cir.· 1975-06-04 ·cited 18×·via Habeas Corpus Petition
  The court held that while the state court adequately determined the issue of physical coercion, the claim of mental and psychological coercion was never sufficiently developed or passed upon, requiring a federal evidentiary hearing.
• Burks v. Egeler
  512 F.2d 221· 6th Cir.· 1975-02-06 ·cited 18×·via Habeas Corpus Petition
  The court held that the petitioner's claim of a due process violation based on alleged perjury did not present a constitutional issue because there was no showing of state involvement or knowing use of false evidence by the prosecution.
• United States ex rel. Roger Pierce v. Cannon
  508 F.2d 197· 7th Cir.· 1974-12-31 ·cited 18×·via Habeas Corpus Petition
  The court held that a pre-indictment lineup identification, even if suggestive, does not require per se exclusion if the totality of the circumstances indicates reliability.
• Rutherford v. Hoyt C. Cupp
  508 F.2d 122· 9th Cir.· 1974-12-04 ·cited 18×·via Writ Of Habeas Corpus
  The court held that the search warrant was validly drawn and issued, and the jury's guilty verdict was reasonable.
• Wardell N. Smith v. Warden Charles Wolff
  506 F.2d 556· 8th Cir.· 1974-11-12 ·cited 18×
  The court held that a state prisoner's procedural forfeiture of state remedies does not preclude federal habeas corpus relief if the prisoner did not deliberately bypass state procedures. The court also remanded for further consideration of claims related to the voluntariness of
• Crenshaw v. Wolff
  504 F.2d 377· 8th Cir.· 1974-10-23 ·cited 18×·via Habeas Corpus Petition
  The court held that the petitioner was not denied due process, the right to appeal, or effective assistance of counsel, and therefore affirmed the denial of his habeas corpus petition.
• Di Piero v. State
  300 So. 2d 700· Fla. 3d DCA· 1974-09-10 ·cited 18×
  The court held that the State failed to establish a prima facie case for extradition because it did not introduce the Governor of Florida's rendition warrant into evidence.
• Stansel v. State
  297 So. 2d 63· Fla. 2d DCA· 1974-06-18 ·cited 18×
  Petitioner Stansel challenged a $500,000 bond reduction in a marijuana conspiracy case on grounds that the trial court improperly considered secret in camera testimony from an undisclosed state witness. The appellate court held that such secret evidence violates fundamental confr
• Peavy v. Warner
  493 F.2d 748· 5th Cir.· 1974-05-08 ·cited 18×·via Habeas Corpus Petition
  The court held that the district court applied the wrong standard of review and failed to make findings on key aspects of the claim regarding the enlistment extension cancellation.
• Hudson v. State OF Ala.
  493 F.2d 171· 5th Cir.· 1974-04-24 ·cited 18×·via Habeas Corpus Petition
  The court held that laches should not bar constitutional claims and that the petitioner received ineffective assistance of counsel.
• Collins v. Buchkoe
  493 F.2d 343· 6th Cir.· 1974-03-27 ·cited 18×
  The court held that while sentencing judges may consider unsworn information, due process requires an opportunity to rebut materially false information relied upon for sentencing.
• Sammie Preston Irby v. State OF Mo.
  502 F.2d 1096· 8th Cir.· 1974-03-25 ·cited 18×·via Habeas Corpus Petition
  The court held that the petitioner had exhausted state remedies regarding his claim that his sentence was enhanced by an uncounselled 1956 conviction, and that the state failed to prove an intelligent waiver of counsel for that conviction.
• Tillery v. Eyman
  492 F.2d 1056· 9th Cir.· 1974-02-11 ·cited 18×·via Habeas Corpus Petition
• Neary v. State
  285 So. 2d 47· Fla. 4th DCA· 1973-11-09 ·cited 18×·via Habeas Corpus Petition
  The court held that an appeal from a resentencing order does not grant jurisdiction to review the original conviction or the deprivation of a direct appeal; such issues must be raised by petition for habeas corpus.
• Hale v. Henderson
  485 F.2d 266· 6th Cir.· 1973-10-05 ·cited 18×·via Habeas Corpus Petition
  The court held that discrimination in the selection of a grand jury foreman pro tempore does not warrant quashing an indictment without a showing of prejudice.
• Ross v. State OF Tex.
  474 F.2d 1150· 5th Cir.· 1973-01-30 ·cited 18×·via Habeas Corpus Petition
  The court held that the state's failure to disclose a police report, which was unknown to the prosecutor and unlikely to have altered the jury's verdict, did not violate due process.
• Bryant v. Elliott
  472 F.2d 572· 5th Cir.· 1973-01-19 ·cited 18×·via Habeas Corpus Petition
  The court held that the district court correctly dismissed the habeas corpus petition because the Supreme Court's decision in Boykin v. Alabama is not retroactive, and the petitioner's guilty plea predated Boykin.
• Garland v. COX
  472 F.2d 875· 4th Cir.· 1973-01-16 ·cited 18×
  The court held that a presumption of ineffective assistance of counsel is appropriate when counsel is appointed late, and this presumption should not be overcome by a 'totality of the circumstances' approach when evidence is unavailable due to the passage of time or death of coun
• Cobb v. Bailey
  469 F.2d 1068· 5th Cir.· 1972-12-07 ·cited 18×·via Habeas Corpus Petition
  A state prisoner is not constitutionally entitled to credit for pre-conviction jail time, even when sentenced to the maximum term, absent a statute requiring it or a showing of discrimination.
• Noorlander v. United States Attorney General and His Subordinates
  465 F.2d 1106· 8th Cir.· 1972-09-18 ·cited 18×
  The court held that the Board of Parole did not lose jurisdiction by delaying execution of a warrant issued within the statutory period for mandatory release violations, and that the detainer did not violate due process or equal protection.
• Hilliard v. Beto
  465 F.2d 829· 5th Cir.· 1972-09-01 ·cited 18×
• United States ex rel. James W. Rogers v. Hon. J. Edwin LaVALLEE
  463 F.2d 185· 2d Cir.· 1972-07-05 ·cited 18×
  The court held that the petition for a writ of habeas corpus should be dismissed for failure to exhaust state remedies, as the petitioner had not fully presented his federal claims to the state courts.
• United States ex rel. Fred LaFAY v. Hon. Harry Fritz
  455 F.2d 297· 2d Cir.· 1972-01-26 ·cited 18×·via Writ Of Habeas Corpus
  A defendant's subjective belief, based on counsel's erroneous sentence estimate, does not render a guilty plea involuntary, even if reasonable.
• Downey v. Peyton
  451 F.2d 236· 4th Cir.· 1971-11-18 ·cited 18×·via Habeas Corpus Petition
  The court held that while the mention of the defendant's silence at arrest was error, it was harmless. However, allegations of jury bias and discussion of matters outside the evidence require further factual findings.
• Simon v. Moseley
  452 F.2d 306· 10th Cir.· 1971-11-04 ·cited 18×·via Habeas Corpus Petition
  The court held that the Board of Parole lost its jurisdiction to execute a parole violator's warrant due to unreasonable delay and lack of diligence in its execution.
• Doyle D. Royal v. Clark
  447 F.2d 501· 5th Cir.· 1971-09-02 ·cited 18×
  The court held that a federal prisoner's confinement in administrative segregation did not constitute cruel and unusual punishment.
• Antonuk v. United States
  445 F.2d 592· 6th Cir.· 1971-07-08 ·cited 18×
  The court held that reservists can be activated under 10 U.S.C. § 673a despite enlistment contract terms, and that the Army's discretionary activation decisions are generally not subject to judicial review unless regulations are violated.
• Dolphus v. State
  243 So. 2d 573· Fla.· 1971-01-27 ·cited 18×·via Writ Of Habeas Corpus
• Tipton v. Baker
  432 F.2d 245· 10th Cir.· 1970-09-28 ·cited 18×·via Habeas Corpus Petition
  An increased sentence imposed after a defendant successfully challenged and had their prior sentence set aside does not violate the Double Jeopardy Clause. The due process claim requires further consideration by the district court.
• Stokes v. Courtland C. Peyton
  437 F.2d 131· 4th Cir.· 1970-06-04 ·cited 18×·via Habeas Corpus Petition
  The court held that the petitioner was denied his constitutional rights due to an inadequate appellate record and ineffective assistance of counsel.
• Graves v. Beto
  424 F.2d 524· 5th Cir.· 1970-04-03 ·cited 18×·via Application For Writ Of Habeas Corpus
• Thomas v. Beto
  423 F.2d 642· 5th Cir.· 1970-02-25 ·cited 18×·via Application For Writ Of Habeas Corpus
  The court held that the petitioner was denied effective assistance of counsel when his attorney failed to advise him of his right to appeal, thus entitling him to an out-of-time appeal or retrial.
• Langford v. State OF Ala.
  422 F.2d 760· 5th Cir.· 1969-12-30 ·cited 18×
• Booker v. Phillips
  418 F.2d 424· 10th Cir.· 1969-11-12 ·cited 18×·via Habeas Corpus Petition
  The court held that the appellant's reprosecution for first-degree murder after her initial conviction for manslaughter was reversed violated the Fifth Amendment's double jeopardy clause, as applied to the states through the Fourteenth Amendment.
• Featherston v. Mitchell
  418 F.2d 582· 5th Cir.· 1969-11-10 ·cited 18×
  A mistrial declared due to a manifest necessity to determine a defendant's competency to stand trial does not bar a subsequent retrial under the Double Jeopardy Clause.
• Jackson v. State
  227 So. 2d 354· Fla. 4th DCA· 1969-10-08 ·cited 18×
  James Jackson appeals from orders denying motions to vacate his robbery conviction. The trial court initially failed to adjudicate him insolvent despite his affidavit, and his privately retained attorneys abandoned his direct appeal, leading to dismissal for failure to prosecute.
• Bernes B. Stone v. Wingo
  416 F.2d 857· 6th Cir.· 1969-10-03 ·cited 18×
  The court held that the district court correctly denied the petition for a writ of habeas corpus, finding no merit in the appellant's claims regarding indictment amendment, unlawful search and seizure, quotient verdict, or failure to instruct on aiding and abetting.
• United States ex rel. Donald Howard Montgomery v. Brierley
  414 F.2d 552· 3d Cir.· 1969-08-06 ·cited 18×·via Habeas Corpus Petition
  The court held that the district court must determine if all claims were raised in state courts and, if so, conduct evidentiary hearings on exhaustion, relief, and waiver of confession challenge.
• Krieger v. Brig. Gen. James Terry
  413 F.2d 73· 9th Cir.· 1969-06-25 ·cited 18×·via Application For Writ Of Habeas Corpus
  The court held that the district court did not err in dismissing the habeas corpus application without prejudice for failure to exhaust administrative remedies, but that the district court should have held the proceeding in abeyance rather than dismissing it.
• West v. Henderson
  409 F.2d 95· 6th Cir.· 1969-04-07 ·cited 18×·via Habeas Corpus Petition
  The court held that the prosecutor's use of a co-defendant's confession, despite cautionary instructions, violated the appellant's due process rights by denying him a fair trial.
• Lesley v. State OF Okla. & Ray H. Page
  407 F.2d 543· 10th Cir.· 1969-02-27 ·cited 18×
  A guilty plea induced by prosecutorial overreaching, especially with an unrepresented, youthful, and frightened defendant, is constitutionally infirm and involuntary.
• United States ex rel. Ronald J. Thomas v. Maroney
  406 F.2d 992· 3d Cir.· 1969-02-07 ·cited 18×
  The court held that a federal court must review state court records, not just opinions, when considering a habeas corpus petition under 28 U.S.C. § 2254, especially when the state proceeding lacked an evidentiary hearing.
• Pendleton v. Nelson
  404 F.2d 1074· 9th Cir.· 1968-12-26 ·cited 18×·via Habeas Corpus Petition
  The court held that the district court erred in denying habeas relief for the May 15, 1964 conviction without an evidentiary hearing, as a factual dispute existed regarding consent to a search. The denial of relief for the June 29, 1964 conviction was affirmed.
• United States ex rel. Thomas F. Mankiewicz v. RAY
  399 F.2d 900· 2d Cir.· 1968-07-16 ·cited 18×
• Roach v. Bennett
  392 F.2d 743· 8th Cir.· 1968-04-15 ·cited 18×
  A state prisoner is entitled to a federal habeas corpus hearing if the state's fact-finding procedure was inadequate, and the federal court should grant a plenary hearing on claims of mental incompetency and plea involuntariness, potentially requiring appointment of counsel.
• Maarten Crijns deROZARIO v. Commanding Officer
  390 F.2d 532· 9th Cir.· 1967-12-21 ·cited 18×
  The denial of the petition for a writ of habeas corpus is affirmed because the Selective Service board's classification had a basis in fact, and the writ may have been prematurely sought.
• Reed v. Henderson
  385 F.2d 995· 6th Cir.· 1967-11-28 ·cited 18×·via Habeas Corpus Petition
  The court held that a voluntary guilty plea entered with the advice of competent counsel waives all non-jurisdictional defects, and the appellant's claims did not demonstrate a miscarriage of justice.
• Audie A. Dentis v. The State OF Okla.
  376 F.2d 590· 10th Cir.· 1967-04-18 ·cited 18×
  The court held that the petitioner was entitled to an evidentiary hearing on his claim of denial of the right to appeal due to lack of counsel.
• Smiley v. Wilson
  378 F.2d 144· 9th Cir.· 1967-04-11 ·cited 18×·via Habeas Corpus Petition
  The court held that the petitioner's allegations, even if proven, did not establish a violation of federal constitutional rights sufficient to warrant a federal hearing on his habeas corpus petition.