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

• Jenkins v. Beto
  442 F.2d 655· 5th Cir.· 1971-05-11 ·cited 12×·via Habeas Corpus Petition
  A guilty plea is not rendered invalid by plea bargaining or the desire to avoid a potential death sentence.
• United States ex rel. Rafael Echevarria v. Silberglitt
  441 F.2d 225· 2d Cir.· 1971-04-26 ·cited 12×
  The court held that a pro se litigant's petition, despite being mislabeled and containing procedural defects, should be treated as a removal petition if its intent is clear, and the state court loses jurisdiction upon its filing.
• United States ex rel. William C. Stubbs v. Mancusi
  442 F.2d 561· 2d Cir.· 1971-04-19 ·cited 12×·via Application For Writ Of Habeas Corpus
  The admission of prior testimony from a witness who was not made available for cross-examination at retrial, despite the prosecution's failure to make a good-faith effort to secure his presence, violated the Confrontation Clause and was not harmless error.
• Tanner v. Moseley
  441 F.2d 122· 8th Cir.· 1971-04-14 ·cited 12×
  The court affirmed the district court's decision on jurisdictional grounds but disagreed with the majority's comments on the merits of the petition.
• Weaver v. State OF Tex.
  441 F.2d 388· 5th Cir.· 1971-04-12 ·cited 12×·via Habeas Corpus Petition
  The court held that a general allegation of a coerced guilty plea is insufficient to warrant federal habeas relief without specific factual allegations and exhaustion of state remedies.
• Glazier v. Capt. James G. Hackel
  440 F.2d 592· 9th Cir.· 1971-03-31 ·cited 12×·via Habeas Corpus Petition
  The court held that a serviceman's habeas corpus petition challenging the denial of conscientious objector status (Class I-A-O) is judicially reviewable, even if a favorable ruling would not result in discharge.
• Fast v. Louie L. Wainwright
  439 F.2d 1162· 5th Cir.· 1971-03-22 ·cited 12×·via Habeas Corpus Petition
  The court held that a state prisoner is not entitled to federal habeas corpus relief solely on the basis of newly discovered evidence, and the state court's hearing was adequate.
• Makarewicz v. Palmer C. Scafati
  438 F.2d 474· 1st Cir.· 1971-02-24 ·cited 12×·via Habeas Corpus Petition
  The court held that the petitioner's confession was voluntary and admissible, affirming the denial of his habeas corpus petition.
• Ladner v. Henderson
  438 F.2d 638· 5th Cir.· 1971-02-09 ·cited 12×
  The court held that a trial judge is not required to inform a defendant of the collateral consequences of a guilty plea, such as loss of good time or parole eligibility for a different conviction.
• McCOWAN v. Nelson
  436 F.2d 758· 9th Cir.· 1970-12-21 ·cited 12×·via Habeas Corpus Petition
  The court held that a federal habeas corpus court cannot grant relief based on issues of state law, and that the petitioner's due process rights were not violated by the delay in his return to prison.
• Application of Joseph E. Steiner, Jr. v. The Officer IN Command
  436 F.2d 687· 5th Cir.· 1970-12-07 ·cited 12×
  The court held that Section 10(b)(3) of the Selective Service Act prohibits pre-induction judicial review of a registrant's classification and processing, and that mere presence at an induction center does not constitute 'custody' for habeas corpus purposes.
• Application of Lyle Nelson for a Writ of Habeas Corpus
  434 F.2d 748· 8th Cir.· 1970-12-01 ·cited 12×
  A federal sentence does not commence, and credit for time served is not given, while a defendant is in state custody, even if a federal detainer is in place, unless the federal government obtains actual custody.
• Kates v. Nelson
  435 F.2d 1085· 9th Cir.· 1970-11-25 ·cited 12×
  A defendant who unequivocally refuses appointed counsel and insists on representing himself, even after being offered the choice to proceed with counsel or represent himself, waives his right to counsel.
• Robinson v. Wainwright
  240 So. 2d 65· Fla. 2d DCA· 1970-10-16 ·cited 12×·via Writ Of Habeas Corpus
  Theodore Robinson filed a habeas corpus petition claiming he was subjected to double jeopardy by being tried twice for the same offense. The Florida District Court of Appeal rejected the petition because Robinson failed to raise the double jeopardy defense by motion to dismiss as
• Cooper v. Picard
  428 F.2d 1351· 1st Cir.· 1970-06-29 ·cited 12×
  The court held that the district court erred in denying a habeas corpus petition without an evidentiary hearing, as the state court record did not adequately develop facts regarding the suggestiveness of the pre-trial identification procedures.
• Chisholm v. Louie L. Wainwright
  427 F.2d 1138· 5th Cir.· 1970-06-26 ·cited 12×·via Habeas Corpus Petition
  The court held that the district court did not err in denying a habeas corpus petition without a hearing, as the state court provided a full and fair hearing on the voluntariness of the guilty plea.
• Wright v. Maryland Penitentiary
  429 F.2d 1101· 4th Cir.· 1970-06-23 ·cited 12×
  The court held that the petitioner must first exhaust state remedies to allow Maryland courts to consider his constitutional claims in light of recent Supreme Court precedent.
• The United States ex rel. Terrence Stone v. Robinson
  431 F.2d 548· 3d Cir.· 1970-05-26 ·cited 12×
  The court held that the appellant's petition for rehearing misconstrued the nature of habeas corpus relief and the prime issue on appeal.
• Ryan v. Louie L. Wainwright
  424 F.2d 198· 5th Cir.· 1970-04-03 ·cited 12×·via Habeas Corpus Petition
  Federal courts are not required to hold a second evidentiary hearing in habeas corpus cases if a full and fair hearing was held at the state level.
• Carthel James Rushing v. State
  233 So. 2d 137· Fla. 3d DCA· 1970-03-17 ·cited 12×·via Habeas Corpus Petition
  Appellant Rushing sought to vacate his conviction because the court reporter lost trial notes, preventing preparation of a trial transcript and allegedly denying him the right to appeal. The court held that while Rule 1.850 is improper, habeas corpus is the appropriate remedy, an
• Pineda v. Craven
  424 F.2d 369· 9th Cir.· 1970-03-16 ·cited 12×·via Habeas Corpus Petition
  The court held that the right to challenge a search warrant under Aguilar v. Texas was not knowingly waived in this case.
• LA Brasca v. Misterly
  423 F.2d 708· 9th Cir.· 1970-02-24 ·cited 12×·via Habeas Corpus Petition
  The court held that the petitioner's constitutional challenges to her convictions were without merit, affirming the denial of habeas corpus relief.
• Capler v. City OF Greenville
  422 F.2d 299· 5th Cir.· 1970-02-20 ·cited 12×·via Habeas Corpus Petition
  The Sixth Amendment does not require the availability of counsel to preserve evidence of a defendant's condition from dissipation due to incarceration, nor does the due process clause require police to provide scientific tests or counsel for such preservation.
• Collins v. State
  230 So. 2d 711· Fla. 4th DCA· 1970-01-26 ·cited 12×
  Robert Collins sought delayed appellate review of his 1964 first-degree murder conviction after his court-appointed counsel failed to timely file a direct appeal. The court treated his petition as an original habeas corpus petition and affirmed the conviction, finding that any co
• Taylor v. Olin G. Blackwell
  418 F.2d 199· 5th Cir.· 1969-10-29 ·cited 12×
  The court held that the district court erred in dismissing the petition without requiring a response or an evidentiary hearing.
• Cline v. Beto
  418 F.2d 549· 5th Cir.· 1969-10-22 ·cited 12×
  The court held that the district court erred in denying the habeas corpus petition without a hearing on the claim of denial of a direct appeal.
• Washington v. Smith
  417 F.2d 301· 5th Cir.· 1969-10-02 ·cited 12×
  The court held that the district court's factual finding that the appellant was not denied his Sixth Amendment right to counsel was not clearly erroneous.
• Mendell Williams v. Ciccone
  415 F.2d 331· 8th Cir.· 1969-08-26 ·cited 12×
  A prisoner's good time allowances are not vested rights and can be forfeited upon parole violation, even after mandatory release.
• Lynch v. United States
  414 F.2d 281· 5th Cir.· 1969-08-05 ·cited 12×·via Habeas Corpus Petition
  The court held that the prisoner was not entitled to credit for good conduct time earned prior to parole revocation.
• Buster O'Neal v. Smith
  413 F.2d 269· 5th Cir.· 1969-07-07 ·cited 12×
  The court held that the federal district court erred in denying an evidentiary hearing on the habeas corpus petition, as the state court's findings were not supported by evidence and the hearing was inadequate.
• Walker v. Louie L. Wainwright
  409 F.2d 1311· 5th Cir.· 1969-04-03 ·cited 12×
  The court held that a petitioner cannot raise new claims for the first time on appeal and that the absence of counsel at a preliminary hearing does not require relief absent specific prejudice.
• Efrain Rivera Colon v. E. A. "Doug" Hendry
  408 F.2d 864· 5th Cir.· 1969-03-18 ·cited 12×
  The court held that charging a state prisoner with a more serious felony after he successfully obtained a federal writ of habeas corpus for misdemeanor convictions, solely to make appointed counsel available, impermissibly burdens the right to seek habeas relief.
• McDANIEL v. State
  219 So. 2d 421· Fla.· 1969-02-12 ·cited 12×
  McDaniel, sentenced to life imprisonment for first-degree murder in 1963, filed for appellate counsel years later after becoming indigent and unable to afford private counsel. The Florida Supreme Court held that while indigent defendants have a constitutional right to appellate c
• Rito G. Canales v. Baker
  406 F.2d 685· 10th Cir.· 1969-02-04 ·cited 12×
  A federal court may deny a habeas petition without an evidentiary hearing if the state court has already reliably determined the facts after a full and fair hearing.
• Garrison v. Patterson
  405 F.2d 696· 10th Cir.· 1969-01-10 ·cited 12×
  The court affirmed the district court's denial of the writ on previously considered issues but remanded for determination of new issues raised on appeal, staying execution.
• Thompson v. Peyton
  406 F.2d 473· 4th Cir.· 1968-12-19 ·cited 12×·via Habeas Corpus Petition
  The court held that the petitioner's claim regarding pre-Wade lineups was without merit as the confrontation was not testimonial and the Wade rule was not retroactive. The court also held that the claim regarding witness mingling required exhaustion of state remedies via habeas c
• Williams v. Peyton
  404 F.2d 528· 4th Cir.· 1968-11-26 ·cited 12×·via Habeas Corpus Petition
  The court held that the confession was involuntary and thus improperly admitted into evidence, requiring a writ of habeas corpus to be granted.
• Miller v. Willingham
  400 F.2d 873· 10th Cir.· 1968-09-23 ·cited 12×·via Writ Of Habeas Corpus
  A federal sentence is not rendered ambiguous by the absence of explicit concurrent or consecutive instructions when the sentencing court is not required to recognize an uncompleted state sentence.
• Burton v. State OF Ala.
  396 F.2d 755· 5th Cir.· 1968-06-25 ·cited 12×·via Writ Of Habeas Corpus
  The court held that a federal court cannot deny a habeas corpus petition based on non-exhaustion of state remedies without a finding that the petitioner deliberately bypassed those remedies.
• Humphries v. LaMoyne Green
  397 F.2d 67· 6th Cir.· 1968-06-12 ·cited 12×
• Hultin v. Beto
  396 F.2d 216· 5th Cir.· 1968-05-30 ·cited 12×
  The court held that convicting a juvenile as an adult for an offense for which he was previously adjudicated delinquent violates due process.
• Overton Thomas Anthony v. Fitzharris
  389 F.2d 657· 9th Cir.· 1968-01-30 ·cited 12×
  The court held that the district court erred in denying the habeas corpus petition without an evidentiary hearing, as the state court proceedings were insufficient to establish the voluntariness of the guilty plea.
• Debs Crawford v. Beto
  385 F.2d 156· 5th Cir.· 1967-11-13 ·cited 12×
  The court held that the deputy sheriff's dual role as jury custodian and witness did not violate due process under Turner v. State of Louisiana because his testimony was peripheral and corroborated.
• United States ex rel. George Lee Rivers v. Myers
  384 F.2d 737· 3d Cir.· 1967-10-20 ·cited 12×·via Writ Of Habeas Corpus
  The court held that the second confession was unconstitutionally obtained due to exploitation of the defendant's mental deficiencies, but the first confession was admissible. The defendant was competent to enter a guilty plea.
• Crawford v. Beto
  383 F.2d 604· 5th Cir.· 1967-10-09 ·cited 12×·via Habeas Corpus Petition
  Appellant was denied his constitutional right to counsel on appeal, and the subsequent employment of counsel for a rehearing motion was not an adequate substitute.
• Isadora Olshen v. McMANN
  378 F.2d 993· 2d Cir.· 1967-06-09 ·cited 12×
  The court held that the appellant failed to demonstrate a conflict of interest or prejudice from his counsel's prior representation of a prosecution witness, thus affirming the dismissal of his habeas corpus petition.
• Gross v. Bishop
  377 F.2d 492· 8th Cir.· 1967-05-18 ·cited 12×
  The court held that the appellant's life sentence for murder rendered moot any claims regarding the revocation of his prior suspended sentence, and that no federal constitutional right was violated.
• Alexander v. Fogliani
  375 F.2d 733· 9th Cir.· 1967-04-05 ·cited 12×
  The court held that a federal court should permit amendment of a habeas corpus petition to include state court filings rather than summarily dismissing it for failure to demonstrate exhaustion of remedies.
• Newman v. Rodriguez
  375 F.2d 712· 10th Cir.· 1967-04-04 ·cited 12×·via Application For Writ Of Habeas Corpus
  The court held that New Mexico's denial of credit for time served on a void sentence upon reconviction does not violate the Equal Protection Clause.
• Smith v. Louie L. Wainwright
  373 F.2d 506· 5th Cir.· 1967-02-21 ·cited 12×
  A hearing is required to determine if a guilty plea was involuntary due to a coerced confession and ineffective assistance of counsel.