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
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330 F.2d 594·
6th Cir.·
1964-04-15
·cited 16×
The court held that the appellant's petition for rehearing, raising claims of lack of hearing and counsel, was without merit and denied it.
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329 F.2d 68·
2d Cir.·
1964-03-19
·cited 16×
A confession obtained through deception and false promises of assistance, following an illegal arrest and incommunicado detention, violates due process and renders a conviction invalid.
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160 So. 2d 726·
Fla. 3d DCA·
1964-02-11
·cited 16×
An inmate convicted of assault with intent to commit rape and sentenced to 20 years wrote a letter to the trial judge claiming he was denied counsel at his preliminary hearing in violation of Gideon v. Wainwright. The circuit court summarily denied the letter as a habeas corpus p
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The court held that a lawful detention under one sentence precludes inquiry into the validity of a separate habitual criminal sentence, and that a prior adverse determination on the merits of an issue bars re-examination.
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328 F.2d 131·
10th Cir.·
1964-02-06
·cited 16×
The court held that a military prisoner is subject to parole under 18 U.S.C. § 4164, and habeas corpus relief requires entitlement to immediate release.
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325 F.2d 514·
3d Cir.·
1963-06-27
·cited 16×
The court held that the relator's claim of attorney misfeasance was not properly raised or considered by the state courts, and therefore state remedies were not exhausted.
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The court held that the district court erred in denying the habeas corpus petition without a plenary hearing, as the petition alleged facts not patently frivolous or false when considered against the record.
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A federal district court cannot deny a state prisoner's habeas corpus petition without a hearing if the state court record does not adequately show resolution of disputed historical facts relevant to the constitutional claim.
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The appellate court held that the district court erred in granting a writ of habeas corpus, as the petitioner's claims did not rise to the level of a due process violation but were matters for direct appeal.
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302 F.2d 142·
8th Cir.·
1962-04-16
·cited 16×
The court held that a federal prisoner must await the Supreme Court's disposition of certiorari petitions filed after denial of a § 2255 motion before seeking habeas corpus relief.
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John Deese challenges his consecutive prison sentences by habeas corpus, claiming time served on parole should credit toward his sentence or satisfy both convictions. The Florida Supreme Court holds that parole time cannot be credited against a sentence under statutory law, and t
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The court held that habeas corpus is unavailable when the remedy under 28 U.S.C.A. § 2255 is adequate and effective, and mere distance does not render the § 2255 remedy inadequate.
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299 F.2d 332·
4th Cir.·
1962-02-13
·cited 16×
The court held that the failure to 'duly caution' the petitioner before imposing a life sentence under the recidivist statute rendered the sentence void, entitling him to release.
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299 F.2d 170·
4th Cir.·
1962-01-10
·cited 16×
The court held that the district court erred in denying a habeas corpus petition without a plenary hearing when the petition alleged facts constituting a denial of constitutional rights, such as the use of perjured testimony and denial of counsel of choice.
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The court held that the district court's finding that the relator's confession was voluntary was not clearly erroneous, and thus affirmed the dismissal of the habeas corpus petition.
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Albert Martin Pecnik appealed his rendition to Wisconsin on extradition charges, arguing that the Governor of Wisconsin's demand for extradition was insufficient because it failed to explicitly allege that he was present in Wisconsin at the time of the crime. The Florida District
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289 F.2d 820·
10th Cir.·
1961-04-18
·cited 16×
A petitioner seeking habeas corpus relief must demonstrate entitlement to immediate release, and cannot attack concurrent sentences if the primary sentence is valid.
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The exclusion of lie detector test results by the trial court, even if erroneous under state law, does not raise a federal question and does not violate due process.
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The reception in evidence of a signed confession obtained while the appellant was without the assistance of counsel, and had not declined such assistance, deprived him of due process of law under the Fourteenth Amendment.
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281 F.2d 782·
7th Cir.·
1960-07-25
·cited 16×
The court held that a petitioner's filing in the U.S. Supreme Court, though not explicitly a petition for certiorari, could be construed as such to satisfy the exhaustion of state remedies doctrine. It also held that denial of counsel at a preliminary hearing, or delay in trial w
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283 F.2d 195·
D.C. Cir.·
1960-06-23
·cited 16×
The court held that the record did not support a sound judgment for unconditional release, and that the trial court's decision was based on a mistaken assumption regarding the nature of the appellee's dangerousness.
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279 F.2d 834·
6th Cir.·
1960-06-13
·cited 16×
The court held that a petitioner seeking a writ of habeas corpus after exhausting state remedies and failing to secure certiorari cannot use habeas corpus to relitigate issues already decided adversely in state courts, especially when no substantial federal question is presented.
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274 F.2d 681·
8th Cir.·
1960-02-12
·cited 16×
The court held that the trial court properly dismissed the habeas corpus petition because the appellant was not illegally held in custody, as his sentence service correctly began upon reaching his majority.
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273 F.2d 495·
3d Cir.·
1959-12-09
·cited 16×
The court held that the defendant is entitled to credit for the period he was required to report to a probation officer after his probation had expired, as this constituted restraint by an officer with apparent authority.
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268 F.2d 864·
9th Cir.·
1959-06-29
·cited 16×
The court held that a state prisoner's claim of improper jury trial waiver under state law, without a showing of purposeful discrimination, does not present a federal question reviewable by federal habeas corpus.
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113 So. 2d 232·
Fla. 2d DCA·
1959-06-19
·cited 16×
Leon Eades appeals a custody award to his deceased ex-wife's mother, the maternal grandmother Fannie Lee Roughton. The court upheld the grandmother's custody, rejecting the father's argument that natural parents have superior rights absent proof of unfitness, finding that the tem
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258 F.2d 609·
9th Cir.·
1958-04-22
·cited 16×
The court held that the filing of two separate, simultaneous judgments for consolidated indictments does not invalidate the sentences imposed, and the appeal is frivolous.
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226 F.2d 385·
9th Cir.·
1955-10-14
·cited 16×
The court held that the alien's due process rights were not violated by the consideration of confidential information or the lack of written notice of the decision, and that the Attorney General's decision to deny withholding of deportation was within administrative discretion.
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223 F.2d 906·
7th Cir.·
1955-06-27
·cited 16×
A civilian court may grant habeas corpus when a military Board of Review imposes a sentence without statutory authority, rendering the commitment void.
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The court held that the judgments of conviction were not reversible error because the lawyer-client discussions were not private and the defendants did not object when prevented from conferring in low tones.
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217 F.2d 247·
7th Cir.·
1954-12-13
·cited 16×
The state court had jurisdiction to try and sentence the relator, even though he was on federal probation, because the relator was physically present and insisted on the trial, and only the offended sovereign can raise comity issues.
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The court held that the Parole Board did not abuse its discretion in revoking the petitioner's conditional release based on his conviction for a misdemeanor.
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202 F.2d 418·
1st Cir.·
1953-03-05
·cited 16×
The court held that the prisoner is not automatically entitled to release pending appeal of a habeas corpus order that contemplates a new trial or discharge.
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201 F.2d 302·
9th Cir.·
1953-01-09
·cited 16×
The court held that Congress has plenary power to deport aliens, and the Internal Security Act of 1950, making Communist Party membership a basis for deportation, does not infringe constitutional rights.
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The court held that the hearing officer's failure to advise the appellant of his right to apply for voluntary departure was not an abuse of discretion, and the appellant's prior convictions for forgery, larceny, and uttering involved moral turpitude, thus barring voluntary depart
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The court held that the petitioner must have an opportunity to develop a record to determine his rights.
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The court held that the record presented a substantial question warranting a certificate of probable cause and a stay of execution, indicating a potential due process violation.
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An application for a writ of habeas corpus on grounds of lack of counsel or mental incompetency to waive counsel will not be entertained if the sentencing court denied relief under § 2255 and the applicant fails to allege facts showing the § 2255 remedy is inadequate.
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The court held that Rule 52 of the Federal Rules of Civil Procedure, requiring findings of fact and conclusions of law, is applicable to naturalization proceedings heard in open court.
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163 F.2d 775·
8th Cir.·
1947-10-07
·cited 16×
A district court did not err in refusing to issue a writ of habeas corpus when the petitioner had an available and adequate remedy in the court that imposed the sentence to vacate or correct an illegal sentence.
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151 F.2d 1011·
9th Cir.·
1945-11-20
·cited 16×
A prior denial of a habeas corpus petition, while not res judicata, can be given controlling weight in considering a subsequent petition, especially if new grounds were known but not raised previously.
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The court held that the appellant was not denied the effective assistance of counsel at trial, as he was represented by counsel of his choice throughout the proceedings.
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The appeal is moot because the appellant was arrested and then admitted to bail, rendering the issue of custody for habeas corpus purposes academic. Furthermore, habeas corpus is not the proper vehicle to challenge the sufficiency of evidence presented to a grand jury.
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133 F.2d 528·
9th Cir.·
1943-01-29
·cited 16×
The court held that the appellant's Fourth and Sixth Amendment claims did not establish a jurisdictional defect in the court-martial proceedings, and therefore, his petition for a writ of habeas corpus was properly dismissed.
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128 F.2d 785·
8th Cir.·
1942-06-26
·cited 16×
The court held that the petitioner was lawfully in custody and not entitled to habeas corpus relief.
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122 F.2d 967·
9th Cir.·
1941-10-20
·cited 16×
The court held that the parole board had jurisdiction to revoke parole because the sentence had not expired, and the time spent on parole did not count towards the sentence if parole was violated.
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This case concerns a writ of habeas corpus filed by Mrs. Jan I. Fortune, who was arrested on a criminal warrant for reckless driving. The court discharged her from custody, finding a lack of probable cause for the charge based on the evidence presented.
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This case reviews a lower court's denial of a habeas corpus petition. The court affirmed the denial, holding that a city ordinance requiring racial segregation on streetcars was valid, including an exception for nurses caring for children or invalids of another race.
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358 So. 3d 1167·
Fla.·
2022-09-29
·cited 15×
Quentin Marcus Truehill was convicted of first-degree murder and kidnapping in connection with the brutal killing of Vincent Binder during a crime spree and sentenced to death. The Florida Supreme Court affirmed the trial court's denial of Truehill's postconviction motion raising
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Thomas Bevel, a death-sentenced inmate, appealed the denial of his motion for postconviction relief raising claims of ineffective assistance of penalty phase counsel. The Florida Supreme Court vacated his death sentences and remanded for a new penalty phase, finding that his pena