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

• Hernandez v. Delgado
  375 F.2d 584· 1st Cir.· 1967-04-05 ·cited 18×·via Habeas Corpus Petition
  The court held that the petitioner waived his right to poll the jury by failing to request it, and this right is not of constitutional stature such that its denial constitutes a due process violation.
• Harders v. State OF Cal.
  373 F.2d 839· 9th Cir.· 1967-01-25 ·cited 18×·via Habeas Corpus Petition
  The court held that the Mapp rule regarding exclusion of illegally seized evidence applies to cases not yet final when Mapp was decided, and that an indigent defendant is entitled to effective assistance of counsel on appeal, even if counsel believes the appeal is frivolous.
• Antranik Paroutian v. United States
  370 F.2d 631· 2d Cir.· 1967-01-03 ·cited 18×·via Writ Of Habeas Corpus
  The court held that incriminating statements made to a cellmate, who was not a government agent and was not interrogating the defendant, are admissible even if made after indictment and retention of counsel.
• Mosley v. Dutton
  367 F.2d 913· 5th Cir.· 1966-10-12 ·cited 18×·via Habeas Corpus Petition
  The court held that the circumstances presented by the applicant were sufficient to shift the burden to the respondent to introduce countervailing evidence regarding the effectiveness of counsel and the admissibility of evidence.
• Wilson v. Rose
  366 F.2d 611· 9th Cir.· 1966-09-12 ·cited 18×·via Habeas Corpus Petition
• Gladden v. Holland
  366 F.2d 580· 9th Cir.· 1966-08-29 ·cited 18×
  The court held that a guilty plea entered shortly after a coerced confession, without substantial removal of coercive conditions, is invalid under the Due Process Clause.
• Copenhaver v. Bennett
  355 F.2d 417· 8th Cir.· 1966-02-01 ·cited 18×
  A district court is not required to hold an evidentiary hearing in every habeas corpus case; it has discretion to ascertain the substantiality of claims through affidavits and other documents.
• Paige v. Potts
  354 F.2d 212· 5th Cir.· 1965-12-21 ·cited 18×
  The court held that the district court erred in denying a habeas corpus petition without an evidentiary hearing, as the state court record did not establish federal probable cause for the arrest.
• Masters v. Eide
  353 F.2d 517· 8th Cir.· 1965-12-02 ·cited 18×
  A federal prisoner's petition for a writ of habeas corpus can be dismissed without a hearing if the records and files conclusively show the petitioner is entitled to no relief.
• United States ex rel. Joseph Coffey v. Hon. Edward M. FAY
  344 F.2d 625· 2d Cir.· 1965-04-05 ·cited 18×·via Habeas Corpus Petition
  The court held that the state's refusal to disclose the informer's identity did not deprive the defendant of his Fourteenth Amendment right to a fair hearing on probable cause, as the overheard telephone conversation was sufficiently corroborated and the state's interest in prote
• Williams v. State OF Ala.
  341 F.2d 777· 5th Cir.· 1965-02-16 ·cited 18×·via Habeas Corpus Petition
  The court held that a waiver of the right to counsel at trial does not retroactively waive the constitutional right to counsel at arraignment, even if the arraignment occurred before the waiver.
• United States ex rel. Lloyd Eldon Miller, Jr. v. Pate
  342 F.2d 646· 7th Cir.· 1965-02-15 ·cited 18×
  The court held that a witness's recantation, without proof of prosecutorial knowledge of perjury or suppression of evidence, is insufficient to warrant a writ of habeas corpus when the jury at the original trial already passed on the witness's credibility.
• Davis v. State
  166 So. 2d 189· Fla. 1st DCA· 1964-06-16 ·cited 18×·via Writ Of Habeas Corpus
  Davis appealed his conviction for breaking and entering with intent to commit a misdemeanor, claiming his constitutional rights were violated in his second trial after his initial conviction was vacated. The court affirmed his conviction, rejecting his arguments that he lacked gr
• Allen v. United States
  327 F.2d 58· 5th Cir.· 1964-01-29 ·cited 18×·via Writ Of Habeas Corpus
  The court held that a motion under 28 U.S.C.A. § 2255 cannot be used to question the actions of the Board of Parole regarding sentence execution, and habeas corpus was unavailable due to venue.
• United States v. Maroney
  319 F.2d 622· 3d Cir.· 1963-06-25 ·cited 18×
  The court held that the withholding of the appellant's written statement to the police, which recited Diehl's oral declaration of a struggle, did not violate due process because the jury had sufficient evidence of a struggle from other sources and the defendant's primary defense
• Wiman v. Argo
  308 F.2d 674· 5th Cir.· 1962-08-31 ·cited 18×·via Habeas Corpus Petition
  The court concurred in the result, finding that state remedies were adequate and federal review of state convictions should be limited.
• Hobbs v. Pepersack
  301 F.2d 875· 4th Cir.· 1962-03-29 ·cited 18×·via Habeas Corpus Petition
  The District Court erred in denying the petition as repetitive without considering the merits, as the petitioner's claim of unconstitutional denial of counsel was substantial and had never been adjudicated on its merits.
• Larios v. Madigan
  299 F.2d 98· 9th Cir.· 1962-01-26 ·cited 18×·via Application For Writ Of Habeas Corpus
  A federal sentence does not begin to run until the prisoner is received at a place of detention to await transportation for service of the sentence, and a sentencing judge's recommendation for concurrent state confinement is not binding.
• Shelton v. United States
  292 F.2d 346· 7th Cir.· 1961-07-13 ·cited 18×
  A guilty plea does not necessarily preclude a challenge to the conviction based on constitutional violations occurring prior to the plea, especially when the plea may have been involuntary.
• Linden v. Dickson
  287 F.2d 55· 9th Cir.· 1961-01-31 ·cited 18×·via Application For Writ Of Habeas Corpus
  The court held that a district court is not required to hold a hearing or examine the state court record if the allegations of fact in a habeas corpus application, even if true, would not entitle the applicant to relief.
• Burwell v. Harley O. Teets
  245 F.2d 154· 9th Cir.· 1957-05-03 ·cited 18×·via Habeas Corpus Petition
  The court found no constitutional rights of the defendants were violated and that the trial was fair and impartial.
• Hyun v. Landon
  219 F.2d 404· 9th Cir.· 1955-01-31 ·cited 18×
  The court held that the appellant was not denied due process during deportation proceedings, and the deportation order was supported by substantial evidence.
• Singleton v. Chesley H. Looney
  218 F.2d 526· 10th Cir.· 1955-01-03 ·cited 18×·via Application For Writ Of Habeas Corpus
  A prisoner conditionally released under 18 U.S.C. § 4164 must serve the remainder of their original sentence upon violation of release conditions, even if they protested the conditions, and is not entitled to credit for time spent on parole.
• Talcott v. Reed
  217 F.2d 360· 9th Cir.· 1954-10-23 ·cited 18×
  The court held that the original IV-F classification was immaterial and that the petitioner waived his right to personal appearance by excusing himself due to distance and expense. The court also found the regulation regarding pregnancy as an excuse for failure to serve to be jus
• Risken v. United States
  197 F.2d 959· 8th Cir.· 1952-07-10 ·cited 18×·via Habeas Corpus Proceedings
  The court held that a motion to vacate a sentence under 28 U.S.C.A. § 2255 is a collateral attack, and objections to the indictment's sufficiency, if not raised at trial or on direct appeal, are waived unless the indictment is fundamentally defective.
• Hunter v. Thomas
  173 F.2d 810· 10th Cir.· 1949-03-17 ·cited 18×·via Habeas Corpus Proceedings
  The court held that the trial court's order granting a rehearing was void because it was not made within the time prescribed by Rule 59(d) for sua sponte action, and thus the original order discharging the petitioner was reinstated.
• Behrens v. Hironimus
  170 F.2d 627· 4th Cir.· 1948-11-08 ·cited 18×·via Habeas Corpus Petition
  The court held that the petitioner failed to prove denial of federal constitutional rights, and her waiver of counsel and guilty plea were voluntary and intelligent.
• Waite v. Overlade
  164 F.2d 722· 7th Cir.· 1947-12-19 ·cited 18×
  The court held that a civil court's review of a court-martial conviction via habeas corpus is limited to the issue of jurisdiction, and that the appellant's claims of procedural errors did not deprive the court-martial of jurisdiction.
• Ishmael Washington v. Mayo
  159 Fla. 477· Fla.· 1947-09-19 ·cited 18×
  Washington petitioned for a writ of habeas corpus claiming his imprisonment violated principles established in Joyner v. State. The Florida Supreme Court rejected his claim, finding that his multiple felony convictions properly fell under habeas corpus statutes rather than the Jo
• Orencia v. Overholser
  163 F.2d 763· D.C. Cir.· 1947-08-11 ·cited 18×
  The court held that the appellant was properly committed to St. Elizabeths Hospital following an acquittal by reason of insanity and that her subsequent petitions for habeas corpus were correctly denied.
• Overholser v. Treibly
  147 F.2d 705· D.C. Cir.· 1945-02-20 ·cited 18×·via Habeas Corpus Petition
  The court held that while habeas corpus is available to challenge confinement, it is not the proper procedure to determine the merits of sanity or insanity; instead, it can lead to a conditional discharge pending a proper re-examination.
• Taylor v. Squier
  142 F.2d 737· 9th Cir.· 1944-05-12 ·cited 18×
  A prisoner who violates parole is not entitled to good time deductions and the time spent out on parole does not count towards their sentence.
• Whitten v. Bennett
  141 F.2d 295· 7th Cir.· 1944-03-08 ·cited 18×
  The court held that federal habeas corpus petitions were properly denied because state remedies were not exhausted and a certificate of probable cause was lacking. The court also rejected claims regarding the change of the institution's name and the effect of out-of-state paroles
• Ex parte Zimmerman. Zimmerman v. Walker
  132 F.2d 442· 9th Cir.· 1942-12-14 ·cited 18×
  The denial of the writ of habeas corpus was proper because the privilege of the writ was lawfully suspended due to invasion and the petition did not demonstrate entitlement to relief.
• Fisher v. Schilder
  131 F.2d 522· 10th Cir.· 1942-10-30 ·cited 18×·via Writ Of Habeas Corpus
  The court held that an erroneous recital of a guilty plea, when a nolo contendere plea was entered, is not a fundamental error voiding the judgment and sentence, and the sufficiency of the indictment is not challengeable on habeas corpus.
• Kelly v. Ragen
  129 F.2d 811· 7th Cir.· 1942-07-15 ·cited 18×
  The court held that the district court did not err in dismissing the habeas corpus petition, affirming the judgment.
• Jones v. Dowd
  128 F.2d 331· 7th Cir.· 1942-05-22 ·cited 18×
  A federal court cannot grant a writ of habeas corpus to review alleged errors of law by a state trial court if that court had jurisdiction, and if the petitioner has not exhausted available state remedies.
• Hayden v. Warden, United States Penitentiary, McNeil Island, Wash.
  124 F.2d 514· 9th Cir.· 1941-12-20 ·cited 18×·via Writ Of Habeas Corpus
  The court held that a federal sentence to begin after a state sentence is not void for uncertainty, and the sentence did not begin to run until the appellant was received at the penitentiary.
• Sears v. Warden GDCP
  73 F.4th 1269· 11th Cir.· 2023-07-19 ·cited 17×
  Demarcus Sears, sentenced to death in Georgia for kidnapping with bodily injury and armed robbery after the 1990 murder of Gloria Wilbur, appealed his death sentence on federal habeas review, contending that Georgia's inequitable discovery rule under *Sabel v. State* violated his
• Bouie v. State
  266 So. 3d 879· Fla. 5th DCA· 2019-03-29 ·cited 17×
  The trial court properly dismissed the habeas corpus petition.
• Walton v. State
  246 So. 3d 246· Fla.· 2018-05-17 ·cited 17×·via Writ Of Habeas Corpus
  Jason Walton appeals the denial of his successive postconviction motion seeking to vacate his death sentences for three murders committed during a robbery and burglary. The Florida Supreme Court affirms the denial, rejecting Walton's arguments that changes in capital sentencing l
• Harrel Franklin Braddy v. State
  219 So. 3d 803· Fla.· 2017-06-15 ·cited 17×·via Writ Of Habeas Corpus
  Harrel Braddy, sentenced to death for kidnapping, murder, and other crimes, appeals the denial of postconviction relief. The Florida Supreme Court affirmed the denial of a new guilt phase trial but vacated the death sentence and granted a new penalty phase based on Hurst v. Flori
• Anderson v. State
  220 So. 3d 1133· Fla.· 2017-03-09 ·cited 17×
  Charles Anderson challenges his 1999 conviction for first-degree murder and death sentence in a capital case. The Florida Supreme Court affirms the conviction but vacates the death sentence based on Hurst v. Florida, requiring a new penalty phase with a unanimous jury recommendat
• Renaldo Devon McGirth v. State
  209 So. 3d 1146· Fla.· 2017-01-26 ·cited 17×
  McGirth was convicted of first-degree murder and sentenced to death. On postconviction appeal, the Florida Supreme Court affirmed the denial of his Rule 3.851 motion but granted his habeas corpus petition, vacating his death sentence and remanding for a new penalty phase proceedi
• Andujar-Ruiz v. State
  205 So. 3d 803· Fla. 2d DCA· 2016-11-16 ·cited 17×
  Angel Andujar-Ruiz petitioned for relief from appellate counsel's ineffective assistance, arguing that counsel failed to raise fundamental error regarding jury instructions on his duty to retreat under Florida's Stand Your Ground law. The Florida Second District Court of Appeal g
• Henry v. State
  125 So. 3d 745· Fla.· 2013-10-31 ·cited 17×
  Robert Henry appeals the denial of his successive motion for post-conviction relief based on newly discovered evidence—the American Society of Addiction Medicine's 2011 definition of addiction as a brain disorder. The Florida Supreme Court affirmed the circuit court's denial, hol
• Hall v. State
  109 So. 3d 704· Fla.· 2012-12-20 ·cited 17×
  Freddie Lee Hall, a death row inmate, appealed the trial court's denial of his motion to vacate his death sentence based on alleged mental retardation under Atkins v. Virginia. The Florida Supreme Court affirmed the denial, holding that Hall failed to meet the first prong of ment
• Dessaure v. State
  55 So. 3d 478· Fla.· 2010-10-07 ·cited 17×·via Writ Of Habeas Corpus
  Kenneth Dessaure appeals the trial court's denial of his post-conviction relief motion and habeas petition following his conviction for first-degree murder and death sentence in the 1999 killing of Cindy Riedweg. The Florida Supreme Court affirms, rejecting claims that trial coun
• Runner O. Santana v. Henry
  12 So. 3d 843· Fla. 1st DCA· 2009-05-29 ·cited 17×
  A Florida inmate filed a habeas corpus petition alleging he was entitled to immediate release based on improper sentencing credit calculations. The trial court summarily dismissed the petition without notice or response from the Department of Corrections, citing failure to exhaus
• Pardo v. State
  941 So. 2d 1057· Fla.· 2006-06-29 ·cited 17×
  Manuel Pardo Jr., convicted of nine murders and sentenced to death, appealed the denial of postconviction relief and petitioned for habeas corpus. The Florida Supreme Court affirmed the denial of postconviction relief and denied the habeas petition, holding that Pardo failed to d