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

• Terry v. Patterson
  372 F.2d 480· 10th Cir.· 1967-01-30 ·cited 12×
  The court held that a federal habeas corpus petition was properly denied because the petitioner had not exhausted available state remedies.
• United States ex rel. John F. McBRIDE v. Hon. Edward M. FAY
  370 F.2d 547· 2d Cir.· 1966-12-27 ·cited 12×·via Habeas Corpus Petition
  The court affirmed the dismissal of the writ because the petitioner had not yet sought relief in the state courts on his newly raised Sixth Amendment claim.
• Norman v. United States
  368 F.2d 645· 3d Cir.· 1966-10-28 ·cited 12×·via Habeas Corpus Proceedings
  The court held that the district court did not err in denying the motion to vacate the sentence without a hearing because the record conclusively showed the prisoner was entitled to no relief.
• Conway v. Wilson
  368 F.2d 485· 9th Cir.· 1966-10-28 ·cited 12×
  The court held that the petitioner failed to exhaust his state remedies by not adequately presenting his federal constitutional claims to the state courts.
• Harris v. Beto
  367 F.2d 567· 5th Cir.· 1966-10-24 ·cited 12×·via Habeas Corpus Petition
  The court held that the district court's general finding of voluntariness was insufficient and vacated the judgment.
• Krupnick v. Crouse
  366 F.2d 851· 10th Cir.· 1966-10-05 ·cited 12×
  The court held that the district court erred in dismissing the habeas corpus petition without examining the merits, as the prior dismissal was based on failure to exhaust state remedies, not a determination of the substantive issues. The court affirmed the denial of the injunctio
• Dalrymple v. Wilson
  366 F.2d 183· 9th Cir.· 1966-09-15 ·cited 12×
  The court held that the appellant's allegations of ineffective assistance of counsel were too general to warrant relief and that the Escobedo/Miranda rules did not apply retroactively to his conviction.
• United States ex rel. Grigorios Stellas v. Esperdy
  366 F.2d 266· 2d Cir.· 1966-08-30 ·cited 12×·via Application For Writ Of Habeas Corpus
  The court held that the regulation providing for automatic revocation of an approved visa petition upon withdrawal by a citizen spouse is invalid because it conflicts with the statutory requirement of 'good and sufficient cause' and denies due process.
• State of Fla. ex rel. Billy Joe Crabb v. Carson
  189 So. 2d 376· Fla. 1st DCA· 1966-07-27 ·cited 12×·via Writ Of Habeas Corpus
  Three petitioners challenged bail amounts of $30,000 set in criminal cases for breaking and entering, grand larceny, and motor vehicle theft. The Florida appellate court held the bail was excessive under the state constitution and reduced it to $5,000 per charge, finding the orig
• Tipton v. Crouse
  361 F.2d 817· 10th Cir.· 1966-06-07 ·cited 12×
  A federal court must independently determine if state court findings have a factual basis, and prior state adjudication alone is insufficient.
• Rider v. Crouse
  357 F.2d 317· 10th Cir.· 1966-03-01 ·cited 12×
  The court held that the appellant was not denied due process by the denial of his alibi defense or by his sentencing under the habitual criminal statute without prior notice, as these issues were either waived or previously decided.
• Chester v. The People OF the State OF Cal.
  355 F.2d 778· 9th Cir.· 1966-01-27 ·cited 12×·via Application For Writ Of Habeas Corpus
  The court held that the district court erred in not considering all grounds for relief and in failing to determine if an evidentiary hearing was necessary for those grounds not previously adjudicated.
• Wilson v. Reagan
  354 F.2d 45· 9th Cir.· 1965-12-23 ·cited 12×
  The court held that a state prisoner's conviction and sentence, obtained without constitutionally adequate representation by counsel, do not meet federal constitutional requirements.
• Brown v. Warden, U. S. Penitentiary, & United States
  351 F.2d 564· 7th Cir.· 1965-10-07 ·cited 12×·via Writ Of Habeas Corpus
  The court held that a probationer is not constitutionally entitled to appointed counsel in a probation revocation proceeding under the Federal Probation Act.
• United States ex rel. Aniello Caccio v. Hon. Edward M. FAY
  350 F.2d 214· 2d Cir.· 1965-08-16 ·cited 12×
  The absence of counsel at arraignment does not violate the Sixth Amendment if the defendant is not prejudiced and state law allows post-arraignment motions.
• Lowther v. Maxwell
  347 F.2d 941· 6th Cir.· 1965-07-02 ·cited 12×
  The court held that habeas corpus is not available to challenge a sentence when the petitioner is lawfully in custody under a valid sentence for a greater offense.
• Letellier v. Taylor
  348 F.2d 893· 10th Cir.· 1965-06-25 ·cited 12×
  A federal prisoner's unexpired sentence for parole violation begins to run from the date of return to the Attorney General's custody, and time spent on parole does not diminish the sentence term.
• Jolly v. Wainwright
  175 So. 2d 245· Fla. 2d DCA· 1965-05-21 ·cited 12×
  The Florida District Court of Appeal denied a petition for a writ of habeas corpus, holding that a prisoner cannot obtain relief simply because they were forcibly brought to Florida for trial without extradition.
• State of Fla. ex rel. Salvatore C. Pipia v. Buchanan
  168 So. 2d 783· Fla. 3d DCA· 1964-11-02 ·cited 12×·via Writ Of Habeas Corpus
  The Florida District Court of Appeal granted a habeas corpus petition challenging a contempt sentence imposed by the circuit court, finding the contempt order fatally defective because the petitioner was denied an opportunity to be heard on the criminal contempt charge and the ci
• Gladden v. Gidley
  337 F.2d 575· 9th Cir.· 1964-10-14 ·cited 12×
  The court held that factual issues regarding the voluntariness of the guilty plea and the deliberate bypass of state remedies required an evidentiary hearing.
• Acie Horton v. Bomar
  335 F.2d 583· 6th Cir.· 1964-08-21 ·cited 12×·via Writ Of Habeas Corpus
  The court held that the denial of a writ of habeas corpus was proper because the appellant's claims lacked merit and did not present a federal constitutional question.
• Burton Junior Post v. Otto C. Boles
  332 F.2d 738· 4th Cir.· 1964-05-19 ·cited 12×·via Habeas Corpus Petition
  The court held that the trial judge failed to conduct a sufficiently penetrating and comprehensive examination to ensure the defendant's waiver of counsel was competent and intelligent.
• United States ex rel. Walter Hall v. People OF the State OF Ill.
  329 F.2d 354· 7th Cir.· 1964-03-19 ·cited 12×
  A federal court cannot review a state court's determination of entrapment via habeas corpus, as entrapment is a defense to a state crime and not a federal constitutional right that can be raised in such a proceeding.
• Payne v. Elbert V. Nash
  327 F.2d 197· 8th Cir.· 1964-02-10 ·cited 12×
  The court held that the amendment to Missouri's Habitual Criminal Act was procedural and not an ex post facto violation, as it did not materially disadvantage the appellant.
• Orval Lloyd Skinner v. United States
  326 F.2d 594· 8th Cir.· 1964-01-24 ·cited 12×·via Habeas Corpus Proceedings
  The court held that the district court's findings were not clearly erroneous and affirmed the denial of the motion to vacate sentence.
• Thomaston v. Gladden
  326 F.2d 305· 9th Cir.· 1964-01-02 ·cited 12×
  The court held that the district court must review the state post-conviction hearing transcript to determine if it met federal standards, and if not, must hold an evidentiary hearing.
• United States ex rel. Evsey S. Petrushansky v. Marasco
  325 F.2d 562· 2d Cir.· 1963-12-30 ·cited 12×·via Writ Of Habeas Corpus
  The court held that the arrest warrant was valid, the evidence presented was sufficient to establish probable cause for extradition, and the exclusion of certain testimony was proper.
• Haywood Trice v. Blackburn
  153 So. 2d 32· Fla. 2d DCA· 1963-05-08 ·cited 12×
  The court held that the appellant was unlawfully detained and must be released because the evidence showed he was not in the demanding state at the time of the alleged crime, thus not a fugitive subject to extradition under the statute invoked.
• State of Fla. ex rel. Bernard M. Shotkin v. Buchanan
  149 So. 2d 574· Fla. 3d DCA· 1963-02-19 ·cited 12×·via Writ Of Habeas Corpus
  A 71-year-old man was arrested in 1963 and incarcerated based on a contempt judgment entered in 1958, over five years earlier. The Florida Court of Appeal granted habeas corpus relief, holding that although there is generally no statute of limitations on enforcing valid judgments
• Allocco v. Heritage
  310 F.2d 719· 5th Cir.· 1962-11-28 ·cited 12×·via Habeas Corpus Petition
  A defendant who voluntarily elects not to commence service of his sentence pending appeal is not entitled to credit for the time spent in custody during that period.
• Bailey v. Henslee
  309 F.2d 840· 8th Cir.· 1962-11-20 ·cited 12×·via Application For Writ Of Habeas Corpus
  The court held that the original nine-month retrial period was not a reasonable time due to subsequent events and legal proceedings.
• McGRADY v. Cunningham
  296 F.2d 600· 4th Cir.· 1961-11-10 ·cited 12×
  The court held that the failure of the trial court to inquire whether the defendant understood the nature of his guilty plea and the potential punishment, or to ask the defendant personally if he had anything to say before sentencing, did not invalidate the sentence in this case.
• Snider v. Cunningham
  292 F.2d 683· 4th Cir.· 1961-06-23 ·cited 12×
  The court held that the prisoner's counsel was not incompetent and the trial proceedings were not a farce or mockery of justice, thus denying the habeas corpus petition.
• Gilstrap v. Clemmer
  284 F.2d 804· 4th Cir.· 1960-11-17 ·cited 12×·via Habeas Corpus Petition
  The court held that a prisoner convicted of a D.C. Code violation and recommitted as a parole violator must have his good conduct deductions computed under the modified provisions of the D.C. Code, not the general U.S. statutes.
• Wood v. Cochran
  118 So. 2d 193· Fla.· 1960-02-12 ·cited 12×·via Writ Of Habeas Corpus
  Raymond Wood petitioned for habeas corpus relief claiming his conviction for writing checks violated his constitutional rights based on recent Florida Supreme Court precedent establishing that written checks cannot constitute forgery without proof of receipt of something of value
• Reubin Wooten v. Wilkinson
  265 F.2d 211· 5th Cir.· 1959-04-01 ·cited 12×
  The court held that a conditional release violator forfeits all good time earned and must serve the remainder of their original sentence, plus any time for premature release.
• United States ex rel. Charles Townsend v. Sain
  265 F.2d 660· 7th Cir.· 1958-12-17 ·cited 12×
  The court denied the motion for a stay of execution and dismissed the appeal.
• Hastings v. McLEOD
  261 F.2d 627· 10th Cir.· 1958-12-02 ·cited 12×
  The court held that the petitioner's allegations were insufficient to justify granting a writ of habeas corpus because he failed to demonstrate denial of a speedy trial and did not allege demanding an earlier trial.
• United States v. Visconti
  261 F.2d 215· 2d Cir.· 1958-11-17 ·cited 12×
  The court held that an indigent prisoner is not entitled to appointed counsel for an appeal that is wholly frivolous, and that a motion to appear pro se to argue an appeal is discretionary and should be denied when the appeal lacks merit.
• United States ex rel. Charles Westbrook v. Randolph
  259 F.2d 215· 7th Cir.· 1958-07-08 ·cited 12×
  The concurring judge agrees with the reversal and remand of the district court's order but disagrees with the reasoning regarding the availability of a bystander's bill of exceptions.
• In re the Application for a Writ of Habeas Corpus of Cosmo A. Daloia v. Rhay
  252 F.2d 768· 9th Cir.· 1958-02-14 ·cited 12×·via Application For Writ Of Habeas Corpus
  The court held that the sentencing statute did not violate equal protection and that the appellant's claims were without merit, affirming the denial of his habeas corpus application.
• United States ex rel. Clyde Roosa v. Martin
  247 F.2d 659· 2d Cir.· 1957-08-16 ·cited 12×
  The court held that the petition for a writ of habeas corpus should have been denied due to the appellant's failure to exhaust available state remedies.
• Loper v. Ellis
  224 F.2d 901· 5th Cir.· 1955-08-02 ·cited 12×
  The court held that a habeas corpus petition may be amended to cure deficiencies, and a hearing may be granted if the amended petition, with supporting evidence, sufficiently raises constitutional claims.
• Jodie Bailey v. Smyth
  220 F.2d 954· 4th Cir.· 1955-03-14 ·cited 12×
  A federal court may dismiss a state prisoner's habeas corpus petition without a rehearing if the state courts have already fairly considered the issues and reached a satisfactory conclusion.
• Zahn v. Kipp
  218 F.2d 898· 7th Cir.· 1955-01-25 ·cited 12×
  The court held that the petitioner did not serve his federal sentence while incarcerated in state prison because the judgment did not specify the commencement date, and federal law requires sentences to begin upon receipt at a federal facility.
• Morton v. Steele
  217 F.2d 13· 8th Cir.· 1954-12-06 ·cited 12×·via Writ Of Habeas Corpus
  The court held that the district court properly dismissed the petition for a writ of habeas corpus without a hearing.
• Johnson v. United States
  213 F.2d 492· 5th Cir.· 1954-06-15 ·cited 12×·via Writ Of Habeas Corpus
  The court held that the judgment was valid and collateral attack under § 2255 was inappropriate, and that the district judge did not abuse discretion in denying the motion to vacate sentence. The denial of habeas corpus was also affirmed.
• Boyden v. Webb
  208 F.2d 201· 9th Cir.· 1953-11-27 ·cited 12×·via Application For Writ Of Habeas Corpus
  The court held that it had jurisdiction to hear the appeal because the application for a certificate of probable cause was timely filed, and that the district court did not err in denying the habeas corpus petition without a hearing, as the allegations did not demonstrate a viola
• Howell v. Hiatt
  199 F.2d 584· 5th Cir.· 1952-10-28 ·cited 12×·via Habeas Corpus Petition
  The court held that a prisoner cannot obtain a review of a parole revocation decision through habeas corpus in the district where he is held, especially without joining members of the Parole Board.
• Daniels v. Allen
  192 F.2d 763· 4th Cir.· 1951-11-05 ·cited 12×
  The court held that the prisoners' constitutional rights were so clearly violated and their access to review blocked by procedural technicalities that federal intervention via habeas corpus was warranted.