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

• Brown v. Wis. State Dep't OF Pub. Welf.
  457 F.2d 257· 7th Cir.· 1972-02-17 ·cited 10×
  The court affirmed the denial of the habeas corpus petition, holding that issues not raised in the district court are waived and that state court factual findings are presumed correct absent contrary evidence.
• United States v. The Honorable Robert E. Varner
  467 F.2d 659· 5th Cir.· 1972-02-01 ·cited 10×·via Writ Of Habeas Corpus
  A district judge has the discretionary power to conduct a limited hearing on a mental examination order before psychiatric evaluation, even if not required by statute.
• Grubb v. Brig. General William H. Birdsong, Jr.
  452 F.2d 516· 6th Cir.· 1971-12-06 ·cited 10×
  The court affirmed the denial of the habeas corpus petition, holding that the Army's determination that the applicant's conscientious objection existed prior to his entry into service was supported by a basis in fact.
• United States ex rel. Milton Wilson v. Rowe
  454 F.2d 585· 7th Cir.· 1971-12-02 ·cited 10×
  The court held that a federal court should not grant a writ of habeas corpus when the petitioner has not exhausted state remedies, even if state appellate procedures are slow, absent a showing that state processes are ineffective to protect rights.
• Radcliffe v. Clark
  451 F.2d 250· 5th Cir.· 1971-11-22 ·cited 10×
  A federal prisoner is not entitled to credit on his federal sentence for time spent in state custody if that time was already credited towards his state sentence, especially when the federal and state sentences are consecutive.
• Private First Class (E-3) William Richard Meck v. Commanding Officer
  452 F.2d 758· 3d Cir.· 1971-11-22 ·cited 10×
  The court held that the district court had jurisdiction to hear the habeas corpus petition because the petitioner was physically in the district and his custodian was subject to the court's jurisdiction.
• Barr v. Parker
  453 F.2d 865· 9th Cir.· 1971-11-16 ·cited 10×·via Writ Of Habeas Corpus
  The court held that the Board of Parole retained jurisdiction to revoke parole even if supervision was not exercised due to comity with another state's jurisdiction, and the revocation warrant was valid if issued within the maximum sentence term.
• United States ex rel. Duncan Randall Kellogg v. Colonel Willie H. McBEE
  452 F.2d 134· 7th Cir.· 1971-11-04 ·cited 10×·via Habeas Corpus Petition
  The court held that the District Court did not err in granting the habeas corpus petition, allowing the reopening of the petitioner's classification, as the circumstances presented a prima facie case for deferment.
• United States ex rel. Caswell Lathan, Jr. v. Deegan
  450 F.2d 181· 2d Cir.· 1971-11-01 ·cited 10×·via Habeas Corpus Petition
  The court held that a confession obtained through deception, without other coercive circumstances, is not rendered involuntary under pre-Miranda law, and thus habeas corpus relief was properly denied.
• White v. State OF Tenn.
  447 F.2d 1354· 6th Cir.· 1971-09-07 ·cited 10×·via Habeas Corpus Petition
  Federal district courts lack habeas corpus jurisdiction under 28 U.S.C. § 2241(a) for petitions filed by prisoners not physically located within the court's territorial jurisdiction.
• United States ex rel. John Johnson H-6753 v. Russell
  444 F.2d 1177· 3d Cir.· 1971-07-07 ·cited 10×·via Habeas Corpus Petition
  A guilty plea entered upon the advice of competent counsel waives prior constitutional infirmities, and a defendant assumes the risk of ordinary error in legal assessment.
• Crotty v. Kelly
  443 F.2d 214· 1st Cir.· 1971-06-04 ·cited 10×
  Failure to provide access to unfavorable reports and an opportunity to respond to a military member's conscientious objector application violates due process.
• Barker v. Wingo
  442 F.2d 1141· 6th Cir.· 1971-05-20 ·cited 10×
  The court held that the appellant's Sixth Amendment right to a speedy trial was not violated by the five-year delay between indictment and trial under the circumstances presented.
• Hunter v. Swenson
  442 F.2d 625· 8th Cir.· 1971-04-26 ·cited 10×·via Writ Of Habeas Corpus
  The court held that the appellant was not entitled to another evidentiary hearing on the voluntariness of his statements, as the issue had been fully developed and resolved in prior state court proceedings.
• Fitzgerald v. Louie L. Wainwright
  440 F.2d 1049· 5th Cir.· 1971-04-07 ·cited 10×·via Habeas Corpus Petition
  The court held that while some of the appellant's claims were properly denied, the issue of effective assistance of counsel was not sufficiently developed and required exhaustion of state remedies.
• United States ex rel. Michael Katzoff v. McGINNIS
  441 F.2d 558· 2d Cir.· 1971-03-29 ·cited 10×·via Habeas Corpus Petition
  A civil rights action for restoration of statutory good time should not be barred by the exhaustion requirement of 28 U.S.C. § 2254(b).
• Peters v. Kiff
  441 F.2d 370· 5th Cir.· 1971-03-11 ·cited 10×
• Young v. Louie L. Wainwright
  439 F.2d 426· 5th Cir.· 1971-03-09 ·cited 10×·via Habeas Corpus Petition
  The court held that a jury charge allowing inferences from unexplained possession of recently stolen property does not violate the Fifth Amendment, even if the defendant remains silent.
• Pine v. The State OF Mont. & W. J. Estelle, Jr.
  439 F.2d 1093· 9th Cir.· 1971-02-26 ·cited 10×·via Habeas Corpus Petition
  Irregularities in a prisoner's arrest and extradition do not impair the court's power to recommit him under a lawful sentence. There is no federal constitutional right to counsel at parole revocation hearings.
• Brown v. Brierley
  438 F.2d 954· 3d Cir.· 1971-02-19 ·cited 10×·via Writ Of Habeas Corpus
  The court held that the Fourth Amendment does not prohibit the admission of evidence obtained when a suspect voluntarily relinquishes an item to police, even if the police harbored an undisclosed intent to conduct a ballistics test, as long as there was no coercion.
• Theriault v. Olin G. Blackwell
  437 F.2d 76· 5th Cir.· 1971-01-28 ·cited 10×·via Habeas Corpus Petition
  The court held that the district court correctly denied the prisoner's petition for habeas corpus and other relief.
• Winfield v. Major John C. Riebel
  438 F.2d 271· 6th Cir.· 1970-12-24 ·cited 10×
  The court held that the appellant was not entitled to a I-S deferment and that the local board did not abuse its discretion in denying his hardship classification claim.
• Burley Coleman v. Lt. Gen. John J. Tolson
  435 F.2d 1062· 4th Cir.· 1970-12-18 ·cited 10×
  The court held that a student's reclassification from II-S to I-A was unlawful because there was no basis in fact for the local board's decision, considering the college's administrative regulations and the student's satisfactory progress.
• Boyd v. Smith
  435 F.2d 153· 5th Cir.· 1970-12-14 ·cited 10×
  A voluntary and knowing guilty plea waives all non-jurisdictional defects in the proceedings.
• Wilburn Jerome Gerberding v. Swenson
  435 F.2d 368· 8th Cir.· 1970-12-07 ·cited 10×·via Habeas Corpus Petition
  The use of a constitutionally infirm prior conviction for sentence enhancement is harmless error if other valid prior convictions exist and are sufficient to support the enhancement.
• Hackworth v. Beto
  434 F.2d 852· 5th Cir.· 1970-11-11 ·cited 10×
  The court held that while some state trial errors may have occurred, they did not rise to the level of a federal due process violation, and thus habeas corpus relief was denied.
• Leake v. COX
  432 F.2d 982· 4th Cir.· 1970-10-08 ·cited 10×
  The court held that even if the admission of evidence regarding the petitioner's refusal to provide handwriting exemplars and make an oral statement, and the prosecutor's argument thereon, constituted a constitutional violation, it was harmless error given the overwhelming eviden
• Mitchell v. Henderson
  432 F.2d 435· 5th Cir.· 1970-10-08 ·cited 10×·via Habeas Corpus Petition
  The court held that the appellant's allegations entitled him to an evidentiary hearing and that venue was proper in the New Orleans Division.
• Konvalin v. Sigler
  431 F.2d 1156· 8th Cir.· 1970-09-22 ·cited 10×
  The court held that the Supreme Court's ruling in Coleman v. Alabama, requiring counsel at preliminary hearings, should be applied prospectively only and not retroactively to this case.
• Dickie Lee Lawrence v. Lake F. Russell
  430 F.2d 718· 6th Cir.· 1970-09-04 ·cited 10×·via Application For Writ Of Habeas Corpus
  The court held that the petitioner's guilty plea was voluntary and that the district court's denial of the writ of habeas corpus was correct.
• O'Malley v. Louie L. Wainwright
  237 So. 2d 813· Fla. 2d DCA· 1970-07-17 ·cited 10×
  O'Malley filed a habeas corpus petition challenging his five-year forgery sentence after his parole was revoked for a theft conviction in California. The court found that O'Malley raised numerous grounds, most without merit, but appointed a commissioner to examine evidence on two
• Stella v. Selective Serv. Sys. OF the United States OF Am.
  427 F.2d 887· 2d Cir.· 1970-06-08 ·cited 10×·via Habeas Corpus Proceedings
  The court held that the district court correctly denied jurisdiction because the registrant's induction order was not a 'blatantly lawless' action or a 'clear departure from its statutory mandate'.
• Landau v. Colonel Arthur Allen
  424 F.2d 668· 6th Cir.· 1970-04-20 ·cited 10×
  The court held that the petitioner was not denied due process and that there was a basis in fact for his I-A classification, affirming the denial of his habeas corpus petition.
• United States ex rel. Enrico Gentile v. Mancusi
  426 F.2d 238· 2d Cir.· 1970-04-13 ·cited 10×
  The court held that the relator's conclusory allegations of fear and prosecutorial threats did not warrant a federal habeas corpus hearing because he had not exhausted his state remedies for the latter claim and the former was insufficient.
• United States ex rel. Samuel Witt v. The Hon. J. Edwin LaVALLEE
  424 F.2d 421· 2d Cir.· 1970-04-07 ·cited 10×·via Habeas Corpus Petition
  The court held that a defendant's failure to appeal due to not being informed of his appellate rights by assigned counsel is attributable to the state, requiring an evidentiary hearing.
• United States ex rel. Joseph H. Milani v. Pate
  425 F.2d 6· 7th Cir.· 1970-04-02 ·cited 10×
  Incriminating statements made by a defendant to a fellow inmate, who is not acting as an agent of the police and is not instructed by them, are admissible even if made after indictment and in the absence of counsel.
• Lamarr v. Louie L. Wainwright
  423 F.2d 1104· 5th Cir.· 1970-03-30 ·cited 10×
  The court held that the district court's finding of deliberate bypass of state remedies was not clearly erroneous, thus denying federal habeas corpus relief.
• United States ex rel. Charles Albert Holes v. Mancusi
  423 F.2d 1137· 2d Cir.· 1970-03-26 ·cited 10×·via Habeas Corpus Petition
  The court held that the petitioner failed to present sufficient particularized allegations and supporting material to warrant a federal habeas corpus hearing on the voluntariness of his guilty plea.
• Matthews v. State
  422 F.2d 1046· 5th Cir.· 1970-02-26 ·cited 10×
  The court held that the record contained contradictions regarding the potential sentences, making a final disposition impossible without further clarification.
• Breen v. Beto
  421 F.2d 945· 5th Cir.· 1970-02-04 ·cited 10×
  The court held that the district court erred in dismissing the habeas corpus petition without an evidentiary hearing, as the record did not sufficiently establish the status of attorney McLean.
• United States ex rel. Mark P. Sheldon v. Major General Charles S. O'Malley, Jr.
  420 F.2d 1344· D.C. Cir.· 1969-12-19 ·cited 10×·via Habeas Corpus Petition
  The court held that the Army's denial of a conscientious objector discharge lacked a basis in fact when the applicant's sincerity was conceded and his objection was demonstrably rooted in religious training and belief, even if reinforced by personal moral considerations.
• Jones v. Smith
  420 F.2d 774· 5th Cir.· 1969-12-15 ·cited 10×·via Habeas Corpus Petition
  The court held that the jury selection process, based on segregated tax digests, violated constitutional standards, requiring a new trial.
• Darwin Earl Schultz v. Honorable Clark Clifford
  417 F.2d 775· 8th Cir.· 1969-10-29 ·cited 10×
  The court held that the active duty order was valid and affirmed the denial of the writ of habeas corpus.
• Perry v. James E. (Bill) Decker
  415 F.2d 773· 5th Cir.· 1969-09-05 ·cited 10×
  Federal habeas corpus relief is unavailable to state prisoners who have not exhausted their available state remedies, including direct appeal.
• United States ex rel. Robert A. Herrington v. Mancusi
  415 F.2d 205· 2d Cir.· 1969-08-25 ·cited 10×·via Habeas Corpus Petition
  The court held that petitioners failed to establish that the New York Supreme Court lacked jurisdiction over their cases under state law, thus their due process claims were not reached.
• Bettie Jane Newhouse v. Misterly
  415 F.2d 514· 9th Cir.· 1969-08-20 ·cited 10×·via Habeas Corpus Petition
  The court held that the petitioner's refusal to take a blood alcohol test was not a testimonial act protected by the Fifth Amendment, and the prosecution could comment on this refusal. The court also found no deliberate bypass of state remedies.
• Tandler v. Olin G. Blackwell
  412 F.2d 780· 5th Cir.· 1969-07-03 ·cited 10×·via Habeas Corpus Petition
  A federal convict is not entitled to credit for time spent in jail pending appeal if they elected not to commence service of their sentence.
• Terrell v. Perini
  414 F.2d 1231· 6th Cir.· 1969-07-02 ·cited 10×
  The court held that the appellant had exhausted his state remedies because there was no clear Ohio Supreme Court interpretation allowing a delayed appeal from the Court of Appeals' denial of a delayed appeal.
• Sammie L. Love v. State OF Ala.
  411 F.2d 558· 5th Cir.· 1969-05-23 ·cited 10×
  The court held that the district court did not err in denying the habeas corpus petition without an evidentiary hearing because the prisoner had not exhausted state remedies for most claims and the state court's findings on the interrogation claim were presumed correct.
• Proctor v. Harris
  413 F.2d 383· D.C. Cir.· 1969-04-29 ·cited 10×·via Habeas Corpus Proceedings
  The court held that while an indigent patient and their counsel may be entitled to psychiatric assistance in preparing for an adversarial hearing, the record did not demonstrate a denial of such assistance in this specific case.