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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A prisoner's suit against a state court clerk and stenographer for failure to forward a transcript is a civil rights action, not a habeas corpus petition.
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550 F.2d 901·
3d Cir.·
1977-02-23
·cited 14×
The court held that the corrected statement of reasons for parole denial was sufficient to satisfy due process, and the argument regarding the sentencing judge's intent was not preserved for appeal.
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549 F.2d 50·
8th Cir.·
1977-01-26
·cited 14×
The court held that the Nebraska habitual criminal statute did not violate due process or equal protection, nor did its application constitute cruel and unusual punishment. The court also found no denial of a fair trial due to alleged prosecutorial misconduct.
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545 F.2d 87·
9th Cir.·
1976-10-26
·cited 14×
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The court held that the district court properly denied the petitioner's § 2255 motion, affirming the denial of relief under Kortness and dismissing the due process claim for failure to exhaust administrative remedies.
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534 F.2d 731·
7th Cir.·
1976-04-02
·cited 14×
The court held that references to the petitioner's silence at a lineup, when he had been instructed he could remain silent, were not harmless error and thus denied him a trial free from prejudicial inferences.
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A parole violator warrant lodged as a detainer against a prisoner serving an intervening sentence constitutes sufficient 'custody' to support habeas corpus jurisdiction, and due process requires a prompt revocation hearing, not one deferred until the intervening sentence is serve
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The court held that while the statistical disparity of black jurors was insufficient to prove a constitutional violation, the issue of systematic exclusion of students over twenty-one from jury service was not adequately developed and required further proceedings.
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527 F.2d 593·
9th Cir.·
1975-12-24
·cited 14×
The court held that the case is moot due to recent amendments in the parole board's regulations, vacating the judgment and remanding for dismissal.
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A Florida appellate court reviewed a habeas corpus petition challenging an excessive bail amount of $350,000 set in a capital felony murder case. The court found the bail was excessive and reduced it to $50,000, emphasizing that defendants entitled to bail are entitled to reasona
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The court held that a district court's recommendation for a federal prisoner to serve his sentence in a state facility has no legal effect and does not entitle the prisoner to credit for the period between the recommendation and actual transfer. However, a claim for credit on a s
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313 So. 2d 712·
Fla.·
1975-03-26
·cited 14×
The Florida Supreme Court held that an information charging marijuana sale was insufficient to charge a felony because it failed to allege statutory elements such as prior conviction, consideration, or quantity exceeding five grams. The Court quashed the District Court's affirman
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509 F.2d 23·
8th Cir.·
1975-01-13
·cited 14×
The court held that the petitioner received effective assistance of counsel at trial, as the district court's factual findings were not clearly erroneous.
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507 F.2d 354·
8th Cir.·
1974-12-05
·cited 14×
The court held that the district court properly granted partial relief by ordering the removal of detainers if state charges were not promptly resolved, but lacked the power to enjoin state prosecutions.
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An escape does not automatically constitute a deliberate bypass of state remedies for habeas corpus relief if the defendant returns to custody before the state court rules on their appeal.
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297 So. 2d 120·
Fla. 4th DCA·
1974-07-05
·cited 14×
The court held that the First Amendment protects the use of visual illustrations to depict sexual material discussed in a report on obscenity.
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The court held that excluding non-freeholders from jury service constitutes a prima facie case of purposeful and systematic exclusion, violating the Equal Protection Clause.
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293 So. 2d 725·
Fla. 2d DCA·
1974-04-30
·cited 14×
Petitioner was denied bail in two rape cases without hearing, then after hearing. The Florida District Court of Appeal reversed the bail denial because the state relied solely on hearsay testimony from investigating officers rather than admissible evidence under oath, failing to
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The court held that a federal prisoner is entitled to credit for time spent in jail if denied bail solely due to a federal detainer, but must exhaust administrative remedies first. The court also held that a delay in a parole revocation hearing does not violate due process withou
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492 F.2d 232·
7th Cir.·
1974-02-12
·cited 14×
Unauthorized jury communications, akin to an Allen charge without admonition, created a probability of prejudice, thus violating due process and warranting habeas corpus relief.
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The court held that the district court erred in basing its decision on a deficient record and non-evidentiary material.
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486 F.2d 733·
7th Cir.·
1973-10-03
·cited 14×
The court held that the parole board acted arbitrarily and capriciously in revoking parole based on cooperation with police under misleading assurances.
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The court granted the petition for rehearing en banc, vacating the prior panel decision.
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The Florida District Court of Appeal dismissed a habeas corpus petition challenging a $150,000 bond set by a circuit court judge, holding that while the appellate court has concurrent jurisdiction with the circuit court to hear such matters, the circuit court is the more appropri
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The court held that the appellant's claims of memory lapses do not constitute evidence of mental incompetence to stand trial, and a magistrate cannot issue a certificate of probable cause.
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The dissenting judge would remand the case to allow the state court to clarify its factual findings regarding the voluntariness of the confessions before the federal district court holds a new evidentiary hearing.
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The court held that the petitioner's due process rights were not violated by a lack of formal arraignment, and the evidence seized was admissible as it was the fruit of a lawful search incident to arrest.
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The court held that the defendant's Sixth Amendment right to counsel had not attached at the time of the lineup, and therefore, counsel's failure to object to the identification testimony did not constitute ineffective assistance of counsel.
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The court held that the district court erred in dismissing pro se habeas petitions without a hearing, as the allegations, if proven, could entitle petitioners to relief.
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454 F.2d 202·
1st Cir.·
1972-02-02
·cited 14×
The court held that the district court correctly dismissed the habeas corpus petition for failure to exhaust state remedies.
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The court held that the federal district court should not have reached the issues of petitioner's segregation and counsel's competency without the petitioner first exhausting state remedies.
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453 F.2d 340·
9th Cir.·
1972-01-04
·cited 14×
The court held that the petitioner failed to exhaust his state remedies because his current claims regarding the voluntariness of his confession and the adequacy of the appellate record had not been fully presented to the California courts.
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457 F.2d 582·
9th Cir.·
1971-11-04
·cited 14×
Proof that a jury selection test resulted in large-scale exclusion of eligible classes is sufficient for a prima facie case of unconstitutional selection, regardless of intent.
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448 F.2d 30·
2d Cir.·
1971-08-09
·cited 14×
The court held that the pre-trial identification procedures were impermissibly suggestive and remanded the case for an evidentiary hearing to determine if the in-court identification was tainted.
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444 F.2d 1326·
2d Cir.·
1971-07-02
·cited 14×
The court held that there was a basis in fact for the Selective Service Board's denial of a III-A classification for extreme hardship, and the board was not required to reopen the classification based on the facts presented.
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443 F.2d 182·
2d Cir.·
1971-05-24
·cited 14×
A state trial court's misstatement of state law to a jury, even if erroneous, does not raise a substantial federal question cognizable in federal habeas corpus jurisdiction unless it violates constitutional rights.
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The court held that an appeal from an order denying a writ of habeas corpus cannot be taken without a certificate of probable cause.
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The court held that the district court did not err in denying habeas relief, as there was no sufficient showing that the prosecutor suppressed evidence favorable to the petitioner that was vital and material to the outcome.
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435 F.2d 721·
3d Cir.·
1971-01-07
·cited 14×
The revocation of a suspended sentence and probation, followed by the imposition of a prison sentence, does not subject a probationer to double jeopardy, nor does it violate due process, even if the revocation occurs after the probationary period was to have ended.
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435 F.2d 493·
9th Cir.·
1970-11-24
·cited 14×
The court held that a delinquent reservist who files a conscientious objector application after receiving active duty orders has not exhausted administrative remedies and must report for duty and then apply for discharge.
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The court held that a state prisoner's petition for federal habeas relief, alleging suppression of evidence, was properly denied without a hearing because the prisoner had previously raised similar claims, the evidence presented did not support the allegations, and the prisoner h
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The court held that the district court correctly denied the habeas corpus petition without a hearing, as the allegations did not present a federal constitutional question.
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The court held that an inadequate record necessitates vacating the district court's judgment and remanding for the creation of an adequate record and determination of the issues.
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433 F.2d 13·
5th Cir.·
1970-10-12
·cited 14×
A federal convict conditionally released under 18 U.S.C. § 4163 is considered released on parole and may be required to serve the remainder of his sentence if conditions are violated.
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429 F.2d 1340·
10th Cir.·
1970-07-21
·cited 14×
The court held that the Selective Service Board failed to make specific findings required by regulation when denying a registrant's request to reopen his classification after an induction order was issued.
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427 F.2d 363·
8th Cir.·
1970-06-15
·cited 14×
A federal sentence does not commence until the prisoner is received at the designated institution for service, and a parole violator warrant lodged as a detainer is permissible while the prisoner is in state custody.
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A guilty plea entered on advice of competent counsel is not rendered involuntary by allegations of illegally seized evidence or a coerced confession.
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427 F.2d 7·
3d Cir.·
1970-05-25
·cited 14×
The court held that a registrant must demonstrate a change in status beyond their control as a prerequisite to reopening their classification request.
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The Sixth Circuit held that the late appointment of counsel does not violate the Constitution unless it operates to the prejudice of the defendant, and remanded for specific findings on prejudice.
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The dissenting judge would affirm the district court's denial of the habeas corpus petition, finding the relator's claims regarding his guilty plea were without merit.