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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The court held that the appellant's claims of ineffective assistance of counsel and invalid waiver of jury trial rights were without merit.
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410 F.2d 205·
8th Cir.·
1969-05-15
·cited 14×
A state prisoner is not entitled to federal habeas corpus relief based on a claim that he was not informed of a habitual criminal charge prior to his conviction on the substantive offense, as such a claim does not implicate federal constitutional rights.
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408 F.2d 48·
2d Cir.·
1969-02-26
·cited 14×
A federal court must hold an evidentiary hearing in a habeas corpus case if the petitioner alleges specific facts, not vague or incredible, suggesting a guilty plea was involuntary due to a coerced confession and inadequate counsel, even if the state court record contradicts thes
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406 F.2d 1253·
5th Cir.·
1969-02-07
·cited 14×
The court held that the appellant's claims regarding his Army induction classification were without merit, and thus his petition for a writ of habeas corpus was properly denied.
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407 F.2d 281·
5th Cir.·
1969-02-06
·cited 14×
The court held that the petitioners' claims of unlawful induction and denial of conscientious objector status were without merit, and their petitions for habeas corpus were properly denied.
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A district court abuses its discretion by entertaining a successive habeas corpus petition that raises no new factual or legal grounds, especially when the prior petition was denied on the merits by the Court of Appeals.
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400 F.2d 864·
10th Cir.·
1968-09-16
·cited 14×
The court affirmed the denial of the federal writ of habeas corpus, finding no violation of constitutional rights and sufficient evidence for conviction.
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The court held that the district court erred in dismissing the habeas corpus application without a plenary hearing and remanded for dismissal without prejudice.
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389 F.2d 154·
6th Cir.·
1968-02-08
·cited 14×
The court held that the appellant's claim regarding the voluntariness of his confessions is inapplicable because the issue was not raised at trial, and his claim regarding denial of counsel at pretrial proceedings is rejected because those proceedings were not critical stages.
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386 F.2d 186·
8th Cir.·
1967-11-22
·cited 14×
The court held that the district court should stay proceedings pending a renewed application for relief under the new Missouri Supreme Court Rule 27.26, as the appellant may not have fully exhausted state remedies.
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The court held that the 1966 amendment to 18 U.S.C. § 3568 was not retroactive and that the sentencing judge had properly considered pre-sentence credit.
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384 F.2d 135·
6th Cir.·
1967-10-25
·cited 14×
The court held that voluntary guilty pleas waive non-jurisdictional defenses, including illegal arrest and coerced confessions, and that a federal court need not hold an evidentiary hearing if the state court provided a full and fair hearing.
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The court held that the search of the petitioner's automobile and the seizure of blood-stained clothing were lawful, and therefore, the district court erred in granting the writ of habeas corpus.
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380 F.2d 1018·
2d Cir.·
1967-07-26
·cited 14×
The court held that a petitioner must exhaust state remedies for all constitutional claims raised in a habeas corpus petition, even if related.
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A defendant has standing to challenge the legality of a search and seizure if the search was directed at them and invaded their right to privacy, even if the property seized belonged to an organization and not the defendant personally.
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377 F.2d 898·
4th Cir.·
1967-05-24
·cited 14×
The court held that a guilty plea waives non-jurisdictional defects, including potential conflicts of interest in counsel representation, and that the petitioner failed to prove his plea was involuntary.
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378 F.2d 357·
9th Cir.·
1967-05-15
·cited 14×
The court held that the petitioner's confession, obtained without a request for counsel, did not violate Escobedo as amplified by Miranda and Johnson, because the petitioner's trial began before the effective date of Miranda and Escobedo required a request for counsel.
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A state prisoner's knowing and intelligent decision to withdraw his appeal, even if based on counsel's advice about potential consequences, does not constitute a "deliberate bypass" of state remedies that would bar federal habeas corpus review, but failure to object at trial to i
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374 F.2d 84·
5th Cir.·
1967-03-06
·cited 14×
The court held that the denial of an appeal bond does not violate the Thirteenth and Fourteenth Amendments or Georgia's Appellate Practice Act, as there is no absolute right to bail pending appeal and state courts have discretion.
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373 F.2d 847·
9th Cir.·
1967-02-24
·cited 14×
The court held that the district court erred in denying the habeas corpus petition for failure to exhaust state remedies, as the California Supreme Court's denial of a prior petition, without explanation, did not preclude federal review.
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The court held that the jury selection process systematically excluded Negroes, rendering the conviction void. Additionally, the confession was deemed involuntary under the totality of the circumstances.
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The dissenting judge believes that Butler's ignorance of the Sexual Deviate Law provisions, and the failure to inform him, violated the fourteenth amendment's due process clause regarding his waiver of counsel and guilty plea.
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The court held that the petitioner must exhaust administrative remedies before seeking judicial review of the denial of good time credits.
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358 F.2d 689·
10th Cir.·
1966-02-23
·cited 14×
The court held that the revocation of parole by the Board of Parole, under the relevant statutes, implicitly forfeits any good time previously earned by the parolee.
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The court held that conducting a trial for a capital offense in a private residence, without a proper order or waiver, violated the petitioner's due process rights and right to a public trial.
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351 F.2d 892·
2d Cir.·
1965-10-26
·cited 14×
A habeas corpus petitioner challenging a prior felony conviction as invalid must demonstrate actual prejudice from alleged constitutional violations, and disagreement with counsel's trial strategy does not constitute ineffective assistance of counsel.
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350 F.2d 311·
4th Cir.·
1965-08-02
·cited 14×
The court held that an indigent conditional release violator is not entitled to appointed counsel at a revocation hearing where the factual basis for revocation is not disputed.
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344 F.2d 937·
10th Cir.·
1965-05-03
·cited 14×
The court held that civil courts' review of military convictions via habeas corpus is limited to jurisdiction and lawful power, not re-evaluation of evidence or procedural errors outside that scope.
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341 F.2d 885·
7th Cir.·
1965-02-03
·cited 14×
The court held that a federal district court erred in granting summary judgment on a habeas corpus petition when the relator had not exhausted available state remedies.
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The court held that a state trial judge is not required to appoint appellate counsel sua sponte for a defendant who was represented by retained counsel at trial and whose indigency was not made known.
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The court held that a state prosecutor's comment on a defendant's failure to testify violates the Fifth Amendment privilege against self-incrimination, which is applicable to the states through the Fourteenth Amendment.
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Vesta Hedges was convicted of manslaughter in the death of her lover of seven years after a struggle over his gun at her home. The Second District affirmed her conviction, rejecting six grounds for reversal including challenges to the sufficiency of evidence, prosecutorial remark
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A parole warrant issued within the maximum sentence term is valid even if executed after the term expires, provided the delay in execution is reasonable.
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326 F.2d 97·
8th Cir.·
1964-01-13
·cited 14×
The court held that the district court erred in dismissing the habeas corpus petition without a hearing, as the record presented a facial indication of a potential constitutional issue regarding the appellant's mental competency to stand trial.
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In this habeas corpus appeal, the Florida District Court of Appeal reversed the discharge of Jack Ippolito, manager of a supermarket operating a promotional 'Good-Will Cash Night' drawing, holding that the scheme constituted an illegal lottery under Florida law. The court adopted
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The court held that Noia did not waive his constitutional right against conviction based on a coerced confession, and that his failure to appeal did not preclude federal habeas corpus relief under 28 U.S.C. § 2254 because state remedies were ineffective.
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A petition for a writ of habeas corpus is not the proper vehicle to challenge the sufficiency of an indictment on grounds that could have been raised on appeal.
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284 F.2d 486·
4th Cir.·
1960-11-18
·cited 14×
The court held that it would no longer automatically appoint counsel and hold hearings in state prisoner habeas corpus appeals before a certificate of probable cause is granted.
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The court held that the district court did not err in dismissing the habeas corpus petition without a plenary hearing, as the allegations did not constitute a denial of due process and the appellant had adequate assistance of counsel.
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259 F.2d 714·
4th Cir.·
1958-10-06
·cited 14×
The Court of Appeals dismissed the appeal because the District Court properly denied the petition for a writ of habeas corpus for failure to exhaust state remedies and lack of merit, and no certificate of probable cause was issued.
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The relator has not exhausted his state remedies as required by 28 U.S.C.A. § 2254, as he failed to properly present his federal claim to the state courts through an available and appropriate procedure.
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249 F.2d 614·
9th Cir.·
1957-11-15
·cited 14×
The court denied the application for a certificate of probable cause, affirming the district court's denial of the writ of habeas corpus.
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246 F.2d 871·
2d Cir.·
1957-07-09
·cited 14×
The court held that the petitioner made a sufficient showing that his confession was coerced, entitling him to a hearing on his habeas corpus petition.
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The court held that the defendant's conviction for failing to depart and failing to apply for travel documents was valid, as the deportation order was properly entered and the defendant was not denied due process.
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The court held that the denial of pre-trial inspection of a confession did not violate due process where no prejudice was shown, and that a state's procedure allowing the trial judge, rather than the jury, to determine the voluntariness of a confession is constitutionally permiss
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George W. Moat petitioned for habeas corpus relief, claiming his sentence was void because it was imposed under the wrong Florida statute. The Florida Supreme Court denied the petition because Moat had previously raised and lost the same issues in an earlier habeas corpus proceed
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The court held that the relator had not sufficiently exhausted his state court remedies regarding his conviction for aiding an escape, and therefore the district court erred in discharging him.
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211 F.2d 293·
9th Cir.·
1954-03-05
·cited 14×
The court held that the evidence does not support the trial court's conclusion that the petitioner was inducted into the Armed Services.
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The court held that a dissenting judge's opinion is not the holding of the court.
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The court held that a prisoner's claim regarding the legality of a previously served sentence is irrelevant to the legality of his current detention under valid, consecutive sentences for escape and assault.