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

• Darling Siplin v. State
  346 So. 2d 648· Fla. 1st DCA· 1977-06-07 ·cited 10×
• United States ex rel. Eddie Lee Anthony v. Allyn R. Sielaff
  552 F.2d 588· 7th Cir.· 1977-04-08 ·cited 10×·via Habeas Corpus Petition
  The court held that the trial judge's communication with the jury, specifically the polling that created a time reference for deliberation, amounted to coercion and violated the petitioner's right to an uncoerced verdict.
• Cole v. Estelle
  548 F.2d 1164· 5th Cir.· 1977-03-17 ·cited 10×
  The Supreme Court's decision in Stone v. Powell precludes federal habeas corpus relief when a state has provided a full and fair opportunity to litigate a Fourth Amendment claim.
• Dennis v. Hopper
  548 F.2d 589· 5th Cir.· 1977-03-11 ·cited 10×·via Habeas Corpus Petition
  The court held that the petitioner failed to establish a prima facie case of an unconstitutionally composed grand jury and did not show cause or prejudice for failing to timely challenge the grand jury composition.
• Gennero Galtieri v. Louie L. Wainwright
  545 F.2d 942· 5th Cir.· 1977-01-20 ·cited 10×·via Habeas Corpus Petition
• Ballard v. Maggio
  544 F.2d 1247· 5th Cir.· 1977-01-10 ·cited 10×·via Habeas Corpus Petition
  The court held that the petitioner had sufficiently exhausted state remedies regarding ineffective assistance of counsel and remanded for an evidentiary hearing to determine if counsel's ineffectiveness rendered the guilty plea involuntary.
• Rigsbee v. Parkinson
  545 F.2d 56· 8th Cir.· 1976-11-19 ·cited 10×
  Federal courts should not grant habeas corpus relief for Fourth Amendment claims if the state provided an opportunity for full and fair litigation of those claims.
• Durham v. Wyrick
  545 F.2d 41· 8th Cir.· 1976-11-16 ·cited 10×
  The court affirmed the district court's denial of the habeas corpus petition, finding appellant's claims without merit and that state remedies were not exhausted for several issues.
• Mysholowsky v. People OF the State OF NEW York
  535 F.2d 194· 2d Cir.· 1976-05-06 ·cited 10×
  The court held that despite potentially suggestive pretrial identification procedures, the totality of the circumstances did not create a substantial likelihood of irreparable misidentification, thus affirming the denial of the habeas corpus petition.
• Allison v. Blackledge
  533 F.2d 894· 4th Cir.· 1976-04-13 ·cited 10×
  The court, by majority, reversed the denial of a § 2255 motion, requiring an evidentiary hearing on the voluntariness of a guilty plea despite assurances given at arraignment.
• Hendron v. Cowan
  532 F.2d 1081· 6th Cir.· 1976-04-06 ·cited 10×·via Application For Writ Of Habeas Corpus
  The court held that the guilty plea was voluntary under pre-Boykin standards and that Boykin v. Alabama should not be applied retroactively.
• Darwin C. Bailey v. Mason F. Holley
  530 F.2d 169· 7th Cir.· 1976-02-19 ·cited 10×·via Habeas Corpus Petition
  The court held that its prior decision requiring written reasons for parole denial should not be applied retroactively to parole denials that occurred before the decision date. Similarly, due process standards for parole release proceedings were not applied retroactively. The two
• Irwin v. Wolff
  529 F.2d 1119· 8th Cir.· 1976-02-17 ·cited 10×
  The court held that the petitioner's arrest was based on probable cause and his indefinite commitment under Nebraska's Sexual Sociopath Act did not constitute cruel and unusual punishment.
• Stevenson v. Mathews
  529 F.2d 61· 7th Cir.· 1976-02-04 ·cited 10×·via Habeas Corpus Petition
  The court held that the petitioner's physical presence was not suppressible and that his possession conviction was not attackable due to his guilty plea.
• Hopkins v. State OF Ala.
  524 F.2d 473· 5th Cir.· 1975-12-08 ·cited 10×
  The court affirmed the denial of habeas relief regarding the illegal search claim, finding the search justified by exigent circumstances, but remanded for a determination of exhaustion of state remedies on other claims.
• United States ex rel. Maria Horta v. DeYOUNG
  523 F.2d 807· 3d Cir.· 1975-10-02 ·cited 10×
  Joint representation of co-defendants with conflicting interests, without a waiver, constitutes a deprivation of the Sixth Amendment right to effective assistance of counsel.
• Shields v. Hopper
  519 F.2d 1131· 5th Cir.· 1975-09-24 ·cited 10×·via Writ Of Habeas Corpus
  The court held that a state prisoner's complaint alleging violations of state law and federal constitutional rights was properly dismissed for failing to raise a substantial federal question.
• United States ex rel. Roy Schuster v. Vincent
  524 F.2d 153· 2d Cir.· 1975-09-23 ·cited 10×
  The court held that the state's egregious violation of the spirit of a prior mandate, coupled with Schuster's prolonged and improper confinement, required his constructive parole in 1969 and subsequent discharge.
• Bolius v. State
  319 So. 2d 85· Fla. 2d DCA· 1975-09-19 ·cited 10×
  Bolius appealed the denial of his post-conviction motion challenging his guilty pleas on grounds that the trial court failed to conduct a formal sanity hearing despite evidence suggesting possible incompetency. The court affirmed, holding that while the trial judge must ordinaril
• United States ex rel. Edward Curtis v. People OF the State OF Ill. & John J. Twomey
  521 F.2d 717· 7th Cir.· 1975-07-11 ·cited 10×·via Habeas Corpus Petition
  The court held that the petitioner's own conduct waived any claim of inadequate representation and that the alleged suppressed evidence lacked constitutional significance, thus affirming the dismissal of the habeas corpus petition.
• Nassar v. Vinzant
  519 F.2d 798· 1st Cir.· 1975-06-26 ·cited 10×
  The court held that the photographic identification procedure, while containing some suggestive elements, was not so impermissibly suggestive as to give rise to a very substantial likelihood of misidentification, and thus the petition for habeas corpus was correctly dismissed.
• In re the Application for a Writ of Habeas Corpus for Larry C. High v. Rhay
  519 F.2d 109· 9th Cir.· 1975-06-18 ·cited 10×
  The dissenting judge believes the state appellate court's thorough review compensated for any deficiencies in appointed counsel's brief, thus satisfying the Anders standard and obviating the need for further state proceedings.
• Flores v. Estelle
  513 F.2d 764· 5th Cir.· 1975-05-30 ·cited 10×·via Habeas Corpus Petition
  The district court committed plain error by admitting hearsay testimony to prove the non-existence of a toxicology report, and this error was not waived by the petitioners.
• State v. Hill
  313 So. 2d 766· Fla.· 1975-03-19 ·cited 10×·via Writ Of Habeas Corpus
  The court held that a motion for discharge filed before an information is a nullity and that habeas corpus is not the proper vehicle to raise issues that should be addressed at trial.
• Sawyer v. Garrell S. Mullaney
  510 F.2d 1220· 1st Cir.· 1975-02-21 ·cited 10×
  The court held that the state court's denial of a new trial, despite refusing to hear testimony impeaching the key witness, did not rise to the level of constitutional error.
• United States ex rel. G. Daniel Walker v. Gunn
  511 F.2d 1024· 9th Cir.· 1975-02-12 ·cited 10×
  The court held that a petition for removal filed after voir dire has commenced is untimely under 28 U.S.C. § 1446(c), and thus the state court retains jurisdiction.
• Ross v. Ristaino
  508 F.2d 754· 1st Cir.· 1974-12-31 ·cited 10×·via Writ Of Habeas Corpus
  The court held that the trial judge's denial of the defense request to specifically interrogate prospective jurors on racial prejudice violated the defendant's due process rights.
• Lyden v. Louie L. Wainwright
  307 So. 2d 258· Fla. 2d DCA· 1974-09-12 ·cited 10×·via Writ Of Habeas Corpus
  Lyden sought a writ of mandamus against the Director of Corrections to correct his sentence computation. The court issued a peremptory writ of mandamus requiring recomputation of Lyden's sentence time in accordance with prior binding precedent (Brumit and Voulo), while withholdin
• United States ex rel. Cornelius Lucas v. Regan
  503 F.2d 1· 2d Cir.· 1974-09-03 ·cited 10×·via Writ Of Habeas Corpus
  The dissenting judge argues that the pretrial identification procedures were impermissibly suggestive and the subsequent in-court identification was unreliable, necessitating a new trial.
• Mercado v. Rockefeller
  502 F.2d 666· 2d Cir.· 1974-08-15 ·cited 10×·via Habeas Corpus Petition
• Rand v. Swenson
  501 F.2d 394· 8th Cir.· 1974-05-02 ·cited 10×·via Habeas Corpus Petition
  The court held that the district court's order granting a new trial based on a bona fide doubt of the petitioner's competency to stand trial was not clearly erroneous and affirmed the order.
• Cottle v. Louie L. Wainwright
  493 F.2d 397· 5th Cir.· 1974-05-02 ·cited 10×·via Habeas Corpus Proceedings
  The court held that the determination of whether counsel is required for a parolee at a revocation hearing must be made by the state parole authority on a case-by-case basis, exercising sound discretion according to Supreme Court guidelines.
• Grech v. Louie L. Wainwright
  492 F.2d 747· 5th Cir.· 1974-04-12 ·cited 10×
  The court held that excusing Jewish jurors upon request due to Yom Kippur did not violate the Constitution or the Jury Selection and Service Act.
• McKINNEY v. Parsons
  488 F.2d 452· 5th Cir.· 1974-01-17 ·cited 10×·via Petition For Habeas Corpus Relief
  A district judge must personally inspect allegedly obscene material when deciding a habeas corpus petition, and cannot solely rely on a magistrate's recommendation.
• Lockett v. Henderson
  484 F.2d 62· 5th Cir.· 1973-08-31 ·cited 10×·via Application For Writ Of Habeas Corpus
  A guilty plea is voluntary even if the accused is not specifically apprised of the right to trial by jury, privilege against self-incrimination, and right to confront accusers. The district court's memorandum of reasons was sufficient under Rule 52(a).
• Beavers v. Park J. Anderson
  474 F.2d 1114· 10th Cir.· 1973-03-16 ·cited 10×·via Habeas Corpus Petition
  The court held that where a habeas petitioner alleges coercion in his guilty plea, the federal court must conduct an inquiry to determine if the state court adequately ascertained the plea's voluntariness, even if a written form exists.
• United States v. Ziegele
  474 F.2d 1356· 3d Cir.· 1973-03-05 ·cited 10×
  The court held that the state suppression hearing was adequate and the trial court correctly determined the confession was voluntary, affirming the denial of habeas corpus.
• Weaver v. State OF Tex.
  474 F.2d 1135· 5th Cir.· 1973-03-05 ·cited 10×
  The court held that a federal court may entertain a habeas corpus petition attacking a prior conviction even if the petitioner is currently serving a sentence for a subsequent conviction, provided state remedies have been exhausted for the prior conviction.
• United States ex rel. Terry L. Wilson v. Coughlin
  472 F.2d 100· 7th Cir.· 1973-01-19 ·cited 10×·via Habeas Corpus Petition
  The court held that while the trial judge exhibited inappropriate conduct and bias, it did not warrant a new trial on the merits, but further proceedings should be handled by a different judge. The denial of petitioners' request for release was affirmed.
• Mosley v. Smith
  470 F.2d 1320· 5th Cir.· 1973-01-11 ·cited 10×·via Habeas Corpus Petition
  The court held that the appellant's claim regarding jury exclusion must first be exhausted in state courts, and that the denial of appeal claim requires further findings by the district court, but that out-of-time appeals are now available in Georgia.
• United States v. Brierley
  471 F.2d 657· 3d Cir.· 1973-01-09 ·cited 10×·via Habeas Corpus Petition
  The court held that a prior federal district court decision, affirmed on grounds of procedural exhaustion rather than merits, does not preclude reconsideration of the same issues in a subsequent habeas corpus petition. The court also found that undue delay in state appellate proc
• United States ex rel. William J. Johnson v. Cavell
  468 F.2d 304· 3d Cir.· 1972-10-03 ·cited 10×·via Habeas Corpus Petition
  The court held that federal habeas corpus relief should be withheld pending a state court determination of whether the petitioner knowingly and deliberately waived his right to appeal.
• Parker v. State OF Tex.
  464 F.2d 572· 5th Cir.· 1972-07-24 ·cited 10×·via Habeas Corpus Petition
  The court held that the federal district court correctly dismissed the habeas corpus petition for failure to exhaust state remedies, and bail pending appeal is denied.
• United States ex rel. Lowell Peter Iverson v. Col. Wayne Rhodes
  465 F.2d 402· 7th Cir.· 1972-07-11 ·cited 10×
  A local Selective Service board's failure to comply with procedural requirements for postponing an order to report for civilian work invalidates that order, and a subsequent order issued without proper basis is illegal.
• Reed v. Henderson
  463 F.2d 485· 5th Cir.· 1972-06-05 ·cited 10×·via Writ Of Habeas Corpus
  The court held that while jurisdiction may be present, a district court can decline to exercise it if the demanding jurisdiction will entertain the petition.
• United States ex rel. Ronald O. Bisordi v. LaVALLEE
  461 F.2d 1020· 2d Cir.· 1972-05-01 ·cited 10×·via Habeas Corpus Petition
  The court held that even if a pre-trial lineup was impermissibly suggestive, the witness's in-court identification was reliable and did not violate due process because the witness had a sufficiently definite image of the assailant prior to the lineup.
• Parker v. Swenson
  459 F.2d 164· 8th Cir.· 1972-04-24 ·cited 10×
  The court held that the district court correctly denied the writ of habeas corpus, finding no constitutional error in the state court proceedings.
• Harless v. Turner
  456 F.2d 1337· 10th Cir.· 1972-04-05 ·cited 10×·via Habeas Corpus Petition
  The court held that the consent to search the defendant's automobile was not legally effective due to coercive circumstances, rendering the search invalid.
• Montgomery v. Caldwell
  457 F.2d 767· 5th Cir.· 1972-03-24 ·cited 10×·via Habeas Corpus Petition
  The court held that the district court erred in summarily denying the habeas petition for failure to exhaust state remedies, as the applicant had made a prior state court filing.
• Chavez v. State OF NEW Mexico
  456 F.2d 1072· 10th Cir.· 1972-03-10 ·cited 10×·via Writ Of Habeas Corpus
  The court held that a failure to object to the admissibility of polygraph test results at trial constitutes a waiver of any claim regarding their inadmissibility or a Miranda violation.