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

• Harris Percy Wynn v. Smith
  446 F.2d 341· 5th Cir.· 1971-07-12 ·cited 16×·via Habeas Corpus Petition
  The court held that the appellant had not deliberately bypassed state remedies and that the district court should determine the merits of his claims regarding the right to counsel and the voluntariness of his guilty plea.
• United States ex rel. Nicholas Cardaio v. Casscles
  446 F.2d 632· 2d Cir.· 1971-06-22 ·cited 16×·via Habeas Corpus Petition
  The dissenting judge would reverse and remand, arguing the search was unconstitutional.
• United States ex rel. Matthew Walker v. Hon. Harold W. Follette
  443 F.2d 167· 2d Cir.· 1971-05-25 ·cited 16×
  A defendant who testifies falsely on direct examination may be impeached with illegally obtained evidence, even if that evidence would be inadmissible in the prosecution's case-in-chief.
• Collins v. Swenson
  443 F.2d 329· 8th Cir.· 1971-05-24 ·cited 16×
  The court held that even if the arrest and detention were illegal, and the arraignment procedure was questionable, the petitioner's conviction was not constitutionally infirm due to lack of prejudice.
• Wallace v. Hocker
  441 F.2d 219· 9th Cir.· 1971-04-13 ·cited 16×·via Habeas Corpus Proceedings
  A defendant's inculpatory statements cannot be presented to a jury unless they have been found voluntary by a separate tribunal, requiring a preliminary determination by the trial judge.
• McCLAIN v. Swenson
  435 F.2d 327· 8th Cir.· 1970-12-16 ·cited 16×
  The court affirmed the denial of habeas relief on grounds exhausted in state court but remanded for further state court proceedings on the issue of waiver of direct appeal.
• Pedicord v. Swenson
  431 F.2d 92· 8th Cir.· 1970-08-13 ·cited 16×·via Habeas Corpus Petition
  The court affirmed the grant of habeas corpus relief, finding the guilty plea was not voluntary, and remanded for the state to provide a new trial or release the petitioner.
• Perry v. Crouse
  429 F.2d 1083· 10th Cir.· 1970-07-27 ·cited 16×·via Habeas Corpus Petition
  The court held that Boykin v. Alabama should not be applied retroactively to a 1965 guilty plea, and that the trial court erred by dismissing the appellant's testimony as legally insufficient under state law.
• Edwards v. Swenson
  429 F.2d 1291· 8th Cir.· 1970-07-16 ·cited 16×·via Habeas Corpus Petition
  The court held that a state prisoner who had his constitutional claims decided on direct appeal has exhausted state remedies and is entitled to a federal habeas corpus hearing on the merits.
• Robinson v. Beto
  426 F.2d 797· 5th Cir.· 1970-05-28 ·cited 16×
  The court held that the Texas sentencing scheme, which allowed judges discretion in granting credit for time served pending appeal, violated due process by impeding equal access to the courts.
• Basker v. Crouse
  426 F.2d 531· 10th Cir.· 1970-05-18 ·cited 16×·via Habeas Corpus Petition
  The court held that the petitioner's claims of speedy trial denial, ineffective assistance of counsel, procedural irregularities, and a coercive jury instruction did not rise to the level of constitutional violations warranting federal habeas corpus relief.
• Magaro v. Major General Richard T. Cassidy
  426 F.2d 137· 5th Cir.· 1970-04-23 ·cited 16×
  The court held that the local Selective Service board's denial of a registrant's request to reopen his classification for an occupational deferment was arbitrary and unreasonable, thus entitling him to a writ of habeas corpus.
• Amaya v. Beto
  424 F.2d 363· 5th Cir.· 1970-03-30 ·cited 16×
  The court affirmed the denial of the habeas corpus petition, holding that the district court's findings and conclusions were correct regarding the probation revocation and the alleged denial of appeal rights.
• Diehl v. Louie L. Wainwright
  423 F.2d 1108· 5th Cir.· 1970-03-20 ·cited 16×
  The court held that it lacks jurisdiction to hear a habeas corpus petition challenging prior convictions for which the sentences have already been fully served and which have no definite relationship to the current sentence.
• McDONALD v. The Sheriff OF Palm Beach Cnty.
  422 F.2d 839· 5th Cir.· 1970-02-19 ·cited 16×·via Habeas Corpus Petition
  The court held that the failure to give a cautionary instruction to the jury regarding accomplice testimony was not a basis for habeas corpus relief because it did not violate the petitioner's constitutional rights.
• Settler v. Yakima Tribal Court
  419 F.2d 486· 9th Cir.· 1969-12-22 ·cited 16×
  A federal district court has jurisdiction to hear a petition for a writ of habeas corpus from an individual convicted by a tribal court, even if the conviction involves internal tribal matters, when constitutional rights are implicated and tribal appellate courts lack the power t
• United States ex rel. Stanley Halprin v. Warden J. J. Parker
  418 F.2d 313· 3d Cir.· 1969-10-28 ·cited 16×·via Habeas Corpus Petition
  The court held that an indigent mandatory release violator who admits the violation is not constitutionally entitled to appointed counsel at a revocation hearing, and denial of a continuance to secure witnesses was not an abuse of discretion.
• United States ex rel. LeRoy Vanderhorst v. Hon. J. Edwin LaVALLEE
  417 F.2d 411· 2d Cir.· 1969-10-10 ·cited 16×·via Habeas Corpus Petition
  The court affirmed the district court's decision, holding that the petition for habeas corpus was properly before the court because the defendant did not deliberately bypass state court procedures to preserve his constitutional claim regarding an involuntary confession.
• Colosimo v. Perini
  415 F.2d 804· 6th Cir.· 1969-09-17 ·cited 16×·via Habeas Corpus Petition
  A warrantless search of an automobile, conducted away from the defendant's person and remote in time or place from the arrest, is not incident to the arrest and violates the Fourth Amendment.
• United States ex rel. George M. Snyder v. Mazurkiewicz
  413 F.2d 500· 3d Cir.· 1969-07-24 ·cited 16×·via Habeas Corpus Petition
  The court held that the record did not sufficiently demonstrate a knowing and intelligent waiver of the right to object to the admission of confessions, thus requiring an evidentiary hearing.
• Cockrell v. Oberhauser
  413 F.2d 256· 9th Cir.· 1969-06-06 ·cited 16×
  The admission of a codefendant's confession implicating Leroy, and Leroy's silence in response, violated his Fifth and Sixth Amendment rights, and the error was not harmless beyond a reasonable doubt. The Bruton rule does not apply to bench trials, so Ivy's confrontation claim fa
• United States ex rel. Raymond Figueroa v. McMANN
  411 F.2d 915· 2d Cir.· 1969-06-03 ·cited 16×
  The court held that a federal court should dismiss a habeas corpus petition if the state forum is available to consider a materially different claim and stronger evidentiary case.
• Conner v. Wingo
  409 F.2d 21· 6th Cir.· 1969-04-15 ·cited 16×
  The court held that a federal district court must have the complete state court record, including a transcript of testimony, to determine if a state court provided a full and fair evidentiary hearing before deferring to its findings of fact in a habeas corpus proceeding.
• Baker v. State
  217 So. 2d 880· Fla. 1st DCA· 1969-01-23 ·cited 16×
  Baker challenges his 1965 robbery conviction, claiming he was denied effective assistance of counsel when a single public defender was appointed to jointly represent him and his codefendant without his consent. The court applied Florida Supreme Court precedent establishing that j
• Keys v. Dunbar
  405 F.2d 955· 9th Cir.· 1969-01-21 ·cited 16×
  The court held that the denial of the motion to vacate the prior order was not an abuse of discretion and affirmed the lower court's decision.
• Heyd v. Brown
  406 F.2d 346· 5th Cir.· 1969-01-13 ·cited 16×·via Habeas Corpus Petition
  The court held that a federal court is not required to conduct an evidentiary hearing if the state trial court provided a full and fair hearing and the record supports the federal court's findings.
• Alford v. State OF N.C.
  405 F.2d 340· 4th Cir.· 1968-11-26 ·cited 16×
  The dissenting judge argues that the defendant's plea to second-degree murder, motivated by fear of capital punishment, was not unconstitutionally coerced under the principles of United States v. Jackson. The infirmity in the statute related to capital punishment, not lesser offe
• The State OF Tex. v. Grundstrom
  404 F.2d 644· 5th Cir.· 1968-10-25 ·cited 16×
  The court granted the State's motion to dismiss its appeal, declining to impose conditions on the dismissal or rule on unripe constitutional questions.
• Goslin v. Thomas
  400 F.2d 594· 5th Cir.· 1968-08-21 ·cited 16×
  The Sixth and Fourteenth Amendments require the appointment of counsel for indigent defendants in state misdemeanor cases to ensure a valid conviction.
• Powers v. W. B. "Billy" Hauck
  399 F.2d 322· 5th Cir.· 1968-08-05 ·cited 16×
  The court held that the case must be remanded to allow state courts to consider the impact of Witherspoon v. Illinois on the death sentence, as the record did not provide sufficient information to determine if the jury selection process was unconstitutional.
• Brent v. Wingate White
  398 F.2d 503· 5th Cir.· 1968-07-18 ·cited 16×
  The court affirmed the dismissal of the habeas corpus petition, remitting most claims to state courts.
• United States ex rel. Jesse Pugh v. Pate
  401 F.2d 6· 7th Cir.· 1968-07-01 ·cited 16×
  The use of a fictitious name on an affidavit for a search warrant does not per se void the warrant under the Fourth Amendment absent a showing of prejudice to the petitioner.
• Abernathy v. Cunningham
  393 F.2d 775· 4th Cir.· 1968-04-01 ·cited 16×·via Habeas Corpus Petition
  The court held that a prisoner's confinement in maximum security and denial of certain religious publications were justified by prison discipline and security concerns.
• Wilson v. Wade
  390 F.2d 632· 9th Cir.· 1968-03-11 ·cited 16×
  An indigent state prisoner is not entitled to a free transcript of trial proceedings merely to search for potential flaws, absent a showing of specific errors warranting post-conviction relief.
• Bates v. Wilson
  385 F.2d 771· 9th Cir.· 1967-11-20 ·cited 16×
  The court held that the petitioners' constitutional rights were not violated by the admission of evidence or statements, and that the state's harmless error rule was properly applied to state law issues.
• Application of Stuart M. Kanas
  385 F.2d 506· 2d Cir.· 1967-11-13 ·cited 16×
  The court held that the registrant established a prima facie case for a IV-D exemption as a minister, and the Selective Service board lacked affirmative evidence to rebut this claim.
• Black v. Beto
  382 F.2d 758· 5th Cir.· 1967-07-13 ·cited 16×
  A federal court's prior determination of confession voluntariness does not satisfy the requirements of Jackson v. Denno, which mandates an initial state court hearing.
• Dock Perry Glenn v. Ciccone
  370 F.2d 361· 8th Cir.· 1966-12-19 ·cited 16×·via Writ Of Habeas Corpus
  The court held that the district court correctly denied the writ of habeas corpus because the petitioner failed to exhaust available remedies and the issues raised were either moot or not properly before the court.
• Ledbetter v. Warden, Maryland Penitentiary
  368 F.2d 490· 4th Cir.· 1966-09-22 ·cited 16×
  The court held that oral and written statements obtained from the defendant were taken in violation of his due process rights, and his trial counsel's failure to object did not constitute a waiver of his right to challenge the conviction via habeas corpus.
• Holman v. Caliph Washington
  364 F.2d 618· 5th Cir.· 1966-08-08 ·cited 16×·via Writ Of Habeas Corpus
  The court held that the admission of prior trial testimony of an absent witness, without a proper predicate showing diligent search and unavailability, violated the petitioner's Sixth and Fourteenth Amendment rights. The court reversed the district court's finding regarding the c
• United States ex rel. Charles Higgins v. FAY
  364 F.2d 219· 2d Cir.· 1966-07-25 ·cited 16×·via Habeas Corpus Petition
  The court held that a defendant was unconstitutionally deprived of his right to counsel when the trial court compelled him to proceed to trial without counsel after he repeatedly requested to hire a paid lawyer, without clearly explaining his right to proceed pro se.
• Sykes v. Commonwealth OF Va.
  364 F.2d 314· 4th Cir.· 1966-07-21 ·cited 16×·via Habeas Corpus Petition
  A defendant's constitutional right to effective representation is not violated when a court denies a continuance if the record objectively shows counsel performed ably and effectively.
• Bosler v. Swenson
  363 F.2d 154· 8th Cir.· 1966-07-14 ·cited 16×
  The court held that the Missouri procedure denying appointed counsel to indigent appellants on direct review violated the Fourteenth Amendment as established in Douglas v. California, and that Douglas applied retroactively to cases pending at the time of its decision.
• Beto v. Sykes
  360 F.2d 411· 5th Cir.· 1966-04-29 ·cited 16×
  A federal court lacks jurisdiction to grant habeas corpus relief on a matter of state law, even if the state court's sentencing order was improper under state law.
• Sobota v. COX
  355 F.2d 368· 10th Cir.· 1966-01-03 ·cited 16×
  The court held that the trial court erred in dismissing the petition without adequate factual findings and remanded for further proceedings.
• Paul v. Harris
  353 F.2d 119· 8th Cir.· 1965-12-02 ·cited 16×
  The court held that the district court did not err in denying the habeas corpus petition without an evidentiary hearing, as the issues were previously fully litigated and decided by the state court.
• Smart v. Balkcom
  352 F.2d 502· 5th Cir.· 1965-11-01 ·cited 16×·via Habeas Corpus Petition
  The court held that the district court correctly denied the habeas corpus petition because the appellant failed to exhaust available state remedies.
• Watkins v. Morris
  179 So. 2d 348· Fla.· 1965-10-27 ·cited 16×·via Writ Of Habeas Corpus
  Watkins seeks habeas corpus release from prison after being convicted in traffic court of driving while intoxicated, reckless driving, and leaving the scene of an accident with injury. The Florida Supreme Court holds that while the traffic court lacked jurisdiction over the felon
• United States ex rel. James W. McDonald v. Commonwealth OF Pa.
  343 F.2d 447· 3d Cir.· 1965-03-29 ·cited 16×
  The court held that the lower court erred in denying the habeas corpus petition without a sufficient factual record and remanded for reconsideration.
• The State of Fla. on the relation of Rene Evans Paine, Jr. v. Paine
  166 So. 2d 708· Fla. 3d DCA· 1964-06-23 ·cited 16×·via Habeas Corpus Proceedings
  A former husband appealed an order awarding attorney's fees to his ex-wife in a habeas corpus proceeding over child custody. The court reversed, holding that statutory authority to award attorney's fees under § 65.16, Fla.Stat. applies only to proceedings enforcing alimony or chi