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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530 F.2d 818·
8th Cir.·
1976-03-02
·cited 12×
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The admission of hearsay testimony regarding an FBI ballistics report and anonymous phone calls violated the Confrontation Clause of the Sixth Amendment because the prosecution failed to show the unavailability of the declarants and the statements lacked sufficient indicia of rel
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The court held that the district court erred in finding a deliberate bypass of state remedies, but affirmed the dismissal on the merits of the speedy trial and handwriting exemplar claims.
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526 F.2d 359·
3d Cir.·
1975-11-12
·cited 12×
A federal court may consider the validity of prior uncounselled convictions for habeas corpus relief from a subsequent sentence, even if those prior convictions have not been challenged in state court.
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The court held that the defendant was denied effective assistance of counsel due to a conflict of interest, where the attorney prioritized protecting a co-defendant over his client's interests, and the state was aware of this conflict.
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The court held that service on the prisoner's custodian in the state of confinement is sufficient to establish personal jurisdiction over other states that have lodged detainers against the prisoner, allowing the court in the state of confinement to adjudicate the validity of tho
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Peter Bryan Walker petitioned for habeas corpus relief challenging his ten-year sentence for breaking and entering, arguing the sentence was enhanced by consideration of prior invalid convictions and that his guilty plea was coerced. The Florida Supreme Court dismissed the petiti
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506 F.2d 459·
9th Cir.·
1974-10-15
·cited 12×
Magistrates lack authority to conduct evidentiary hearings in habeas corpus cases, and such hearings must be held by a district judge.
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The court held that the district court erred in dismissing the claim regarding denial of the right to a direct appeal for failure to exhaust state remedies, as this issue had been previously litigated and decided adversely in state courts.
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The court held that the record did not support vacating a guilty plea based on alleged coercion, as the defendant explicitly affirmed its voluntariness under oath.
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489 F.2d 843·
2d Cir.·
1973-12-28
·cited 12×
The court held that there was a basis in fact to support the Army's finding that the petitioner's conscientious objector beliefs had matured prior to his enlistment, and that the lower court erred in imposing a higher burden of proof on the Army.
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The court held that the state court's determination that the witness's identification testimony was not tainted by impermissibly suggestive photographic identification procedures was supported by the record.
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486 F.2d 307·
10th Cir.·
1973-10-19
·cited 12×
The court held that there was no basis in fact for denying the conscientious objector application, but that the district court lacked authority to impose a condition of alternative civilian service on the discharge.
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The majority erred in reversing the trial court's contempt finding based on a point not properly raised or briefed.
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477 F.2d 516·
3d Cir.·
1973-04-16
·cited 12×
A federal court, in a habeas corpus proceeding challenging a state conviction, may consider sworn oral testimony presented to a state judicial officer in support of a search warrant application, even if the affidavit alone is insufficient to establish probable cause.
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477 F.2d 1251·
D.C. Cir.·
1973-03-28
·cited 12×
The court held that the District Court lacked jurisdiction to hear the habeas corpus petitions filed by inactive reservists seeking discharge. The court determined that the 'immediate custodian' concept was not determinative and that jurisdiction should be based on practical cons
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470 F.2d 785·
5th Cir.·
1972-12-12
·cited 12×
The court held that the district court did not err in denying the petition for a writ of habeas corpus, affirming the denial of relief.
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468 F.2d 1366·
5th Cir.·
1972-11-14
·cited 12×
The court held that the timeliness of the appeal was unclear and required initial determination by the district court.
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The court held that the state court failed to afford the appellant a full and fair evidentiary hearing on his claim of unconstitutional jury exclusion.
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The court held that the prior ruling declaring Maryland's juvenile justice laws unconstitutional should be applied retroactively, but relief must be determined on a case-by-case basis.
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The court held that the defendant's Sixth Amendment rights were not violated by the denial of counsel at a pretrial psychiatric examination, nor was his right to a speedy trial infringed, and that sufficient evidence supported his felony murder conviction.
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The court affirmed the dismissal of claims regarding evidence seizure and identification procedures but remanded for further proceedings on the claim that the appellant was not informed of his right to appeal a predicate conviction.
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462 F.2d 1352·
9th Cir.·
1972-07-12
·cited 12×
The court held that the district court erred in denying habeas corpus relief without a hearing, as the state's inconsistent application of a new sentencing rule may violate the Equal Protection Clause.
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462 F.2d 663·
10th Cir.·
1972-07-03
·cited 12×
The court held that the federal court should not consider the petitioner's claim regarding credit for time served because he had not exhausted his state remedies on that issue. The court also held that the petitioner's convictions for burglary and larceny did not violate double j
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The court held that while sentencing without counsel was unconstitutional, the prisoner's new claims regarding his guilty plea require exhaustion of state remedies, and immediate release was improper as the state may resentence him.
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462 F.2d 1308·
6th Cir.·
1972-06-21
·cited 12×
The court held that the petitioner was deprived of his constitutional right to the effective assistance of counsel due to his attorney's failure to adequately investigate and present an alibi defense.
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The court held that the Immigration and Naturalization Service did not abuse its discretion or act arbitrarily and capriciously in denying further extensions for voluntary departure.
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The court held that the district court properly dismissed the complaint for failure to state a claim under the civil rights statutes, as the allegations were too vague and conclusory.
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A sentence tainted by consideration of a constitutionally invalid conviction cannot stand, entitling the petitioner to reconsideration.
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461 F.2d 956·
2d Cir.·
1972-05-01
·cited 12×
A defendant does not have a constitutional right to counsel at a post-indictment, pre-trial photographic identification session, and the procedure used was not impermissibly suggestive.
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The court held that the ruling in O'Callahan v. Parker, which limited military court jurisdiction to service-connected offenses, should not be applied retroactively to convictions that became final before O'Callahan was decided.
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455 F.2d 291·
8th Cir.·
1972-02-10
·cited 12×
The court held that the warnings given to the appellant substantially complied with Miranda requirements, and his subsequent statements were voluntary and admissible.
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453 F.2d 162·
5th Cir.·
1972-01-05
·cited 12×
A federal habeas corpus petitioner who has had claims considered by the highest state court on direct appeal has exhausted state remedies and is not required to present claims again in a collateral proceeding.
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The court held that the District Court erred in denying a habeas corpus petition without an evidentiary hearing when disputed issues of fact were presented.
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451 F.2d 663·
5th Cir.·
1971-11-19
·cited 12×
The court held that a petitioner who has had claims considered by the highest state court on direct appeal has exhausted state remedies for those claims. The court found that certain claims were properly dismissed but others were exhausted and should be considered on the merits.
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451 F.2d 913·
9th Cir.·
1971-11-10
·cited 12×
The court held that a retrial after a successful appeal does not violate double jeopardy, and that the denial of a motion for substitution of counsel was a sound exercise of judicial discretion. Habeas corpus relief was denied on all grounds.
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The court held that a federal habeas corpus writ should not be granted when a state prisoner's claims of improper joinder and lack of cautionary instruction were waived by counsel's strategic decisions, which were within the range of normal competency.
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451 F.2d 684·
2d Cir.·
1971-10-28
·cited 12×
A district court has jurisdiction to entertain a habeas corpus petition filed by an unattached reservist residing within its territorial jurisdiction, even if the nominal commanding officer is located elsewhere.
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A state prisoner who has raised and preserved federal constitutional questions on direct appeal has exhausted state remedies for federal habeas corpus purposes, even if state post-conviction remedies are available.
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450 F.2d 829·
9th Cir.·
1971-10-11
·cited 12×
A district court retains habeas corpus jurisdiction if the petitioner and custodian were within its territorial jurisdiction at the time the petition was filed, even if the petitioner is subsequently removed from the district.
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447 F.2d 980·
5th Cir.·
1971-09-10
·cited 12×
The court held that federal courts lack jurisdiction to entertain a habeas corpus petition attacking a sentence that has already expired and is unrelated to the current sentence of confinement.
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The court held that a registrant must exhaust administrative remedies regarding their Selective Service classification before seeking judicial review via habeas corpus, even if challenging medical acceptability.
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The appellate court affirmed the district court's grant of a writ of habeas corpus, agreeing that the defendant's inculpatory statements were involuntary under federal constitutional standards.
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446 F.2d 250·
9th Cir.·
1971-07-28
·cited 12×
The court held that the district court erred in ordering discharge, as the serviceman's claim was a 'late filing' rather than 'late crystallization' of beliefs, and the Army's finding of fixed pre-induction beliefs had a basis in fact.
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446 F.2d 787·
4th Cir.·
1971-07-12
·cited 12×
The court held that the registrant's induction was lawful because the procedures followed complied with Selective Service regulations, including the 'inability of the local board to act' exception.
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446 F.2d 124·
8th Cir.·
1971-06-28
·cited 12×
The court affirmed the district court's grant of a writ of habeas corpus, holding that the government could not raise issues on appeal that were not presented to the trial court.
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Harold Hooks appeals his conviction for sale and possession of LSD by way of a habeas corpus petition after his direct appeal became untimely. The appellate court addressed the sufficiency of evidence and whether the trial court erred in denying a mistrial motion, ultimately affi
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449 F.2d 523·
2d Cir.·
1971-06-09
·cited 12×
The court held that there was a sufficient basis in fact in the record for the Army's determination that the appellant's conscientious objector beliefs were not sincerely held, and that the district court's procedural remands did not deny due process.
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The dissenting opinion argues that the double jeopardy and due process clauses barred prosecution for kidnapping after a prior conviction for a related offense arising from the same criminal act. It also contends that a harsher sentence imposed after an appeal, without justificat