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

• Isiah Relford v. Commandant
  409 F.2d 824· 10th Cir.· 1969-04-23 ·cited 10×·via Habeas Corpus Petition
  The court held that the military judicial system gave full and fair consideration to the petitioner's constitutional claims, and that the district court correctly denied the habeas petition.
• Louie L. Wainwright v. Coonts
  409 F.2d 1337· 5th Cir.· 1969-03-25 ·cited 10×·via Habeas Corpus Petition
  A prison regulation barring inmates from assisting others in preparing legal papers is void if the state provides no reasonable alternative.
• Velton Watkins v. Wilson
  408 F.2d 351· 9th Cir.· 1969-02-20 ·cited 10×·via Habeas Corpus Petition
  The court held that common representation of co-defendants is not per se error and that there was no Sixth Amendment conflict of interest violating the right to counsel.
• Jones v. Louie L. Wainwright
  406 F.2d 1241· 5th Cir.· 1969-02-03 ·cited 10×
  The court affirmed the denial of the habeas corpus petition, finding the district court's factual findings were not clearly erroneous.
• Schaeffer v. Louie L. Wainwright
  218 So. 2d 442· Fla.· 1969-01-22 ·cited 10×
  The Florida Supreme Court held that a criminal defendant represented by private counsel at trial bears responsibility for ensuring timely appeal within statutory time limits, and the state has no obligation to appoint appellate counsel or initiate appeal procedures absent the def
• Sims v. Eyman
  405 F.2d 439· 9th Cir.· 1969-01-06 ·cited 10×·via Habeas Corpus Petition
  The court held that Arizona's procedure for determining the death penalty, which allows judges to hear mitigation evidence upon a guilty plea but not juries in a trial, does not violate due process or equal protection. It also found that the jury selection process and the constit
• Cloudies Shinall v. Breazeale
  404 F.2d 785· 5th Cir.· 1968-12-19 ·cited 10×
  The court held that the district court erred in denying the petition without making findings or holding an evidentiary hearing on factual allegations that, if proven, would entitle the petitioner to relief.
• Curry v. Burke
  404 F.2d 65· 7th Cir.· 1968-12-04 ·cited 10×
  A voluntary guilty plea waives a claim of ineffective assistance of counsel due to a conflict of interest.
• Streets v. Louie L. Wainwright
  402 F.2d 87· 5th Cir.· 1968-10-15 ·cited 10×
  The court held that the factual allegations regarding a coerced guilty plea were sufficient to require an evidentiary hearing.
• French v. United States
  416 F.2d 1149· 9th Cir.· 1968-10-11 ·cited 10×·via Habeas Corpus Proceedings
  The court held that a trial judge has discretion to allow a late response to requests for admissions, relieving a party of default, and that illegally obtained evidence does not automatically invalidate a guilty plea unless it induced the plea.
• Lydy v. Beto
  399 F.2d 59· 5th Cir.· 1968-08-02 ·cited 10×
  The court held that under Peyton v. Rowe, it was error for the district court to consider the validity of only the shortest of concurrent sentences while ignoring longer ones on grounds of prematurity.
• Ashe v. Swenson
  399 F.2d 40· 8th Cir.· 1968-07-30 ·cited 10×·via Habeas Corpus Petition
  The court held that a state prisoner's federal habeas petition asserting double jeopardy was barred by the Supreme Court's existing precedent in Hoag v. New Jersey and Ciucci v. Illinois, which allowed consecutive prosecutions for separate offenses arising from the same occurrenc
• Imbler v. Oliver
  397 F.2d 277· 9th Cir.· 1968-07-17 ·cited 10×
  A prisoner serving concurrent sentences is in custody under any of them for habeas corpus purposes, even if release would not result from a successful attack on one sentence.
• Wynn v. Page
  390 F.2d 545· 10th Cir.· 1968-03-08 ·cited 10×·via Application For Writ Of Habeas Corpus
  The court held that the trial court correctly denied the application to enforce its prior order because the prisoner had been released and was awaiting re-trial, and the prior order did not preclude re-trial.
• Carpenter v. Crouse
  389 F.2d 53· 10th Cir.· 1968-01-10 ·cited 10×
  The court held that the petitioner had not exhausted his available state court remedies and that the trial judge's findings of fact were supported by the evidence.
• United States ex rel. Edgar H. Smith v. Yeager
  395 F.2d 245· 3d Cir.· 1968-01-02 ·cited 10×·via Writ Of Habeas Corpus
• Williams v. Beto
  386 F.2d 16· 5th Cir.· 1967-12-01 ·cited 10×·via Habeas Corpus Petition
  The court held that a state's post-conviction hearing on the voluntariness of a confession, conducted in compliance with federal due process standards, is sufficient even if not explicitly authorized by state law at the time of the original trial.
• Atkins v. State OF Kan.
  386 F.2d 819· 10th Cir.· 1967-12-01 ·cited 10×·via Habeas Corpus Petition
  A voluntary guilty plea waives all non-jurisdictional defenses, and a sentence imposed is the result of that plea, not prior evidence.
• Fulwood v. Stone
  394 F.2d 939· D.C. Cir.· 1967-11-28 ·cited 10×·via Habeas Corpus Petition
  The court held that while the Juvenile Court Act provides an adequate substitute for bail, the juvenile court must conduct a proper inquiry into the statutory criteria for pretrial detention to ensure the child's welfare and the public's safety.
• Atlee White v. McHAN
  386 F.2d 817· 5th Cir.· 1967-11-28 ·cited 10×
• Huey R. LEE v. State OF Ala.
  373 F.2d 82· 5th Cir.· 1967-02-13 ·cited 10×
  The court denied the motion for rehearing, holding that a prior state sanity hearing met the requirements of Townsend v. Sain, and no further federal hearing was required.
• Jewell C. Beasley v. Wilson
  370 F.2d 320· 9th Cir.· 1966-12-22 ·cited 10×·via Habeas Corpus Petition
  The court held that the district court's finding that the appellant knowingly and intelligently waived his right to counsel was supported by the evidence.
• Hackathorn v. J. E. (Bill) Decker
  369 F.2d 150· 5th Cir.· 1966-11-23 ·cited 10×
  The court held that the appellant's constitutional rights were not violated by the procedures used in his trial regarding the admissibility and voluntariness of his confessions, nor by the denial of his habeas corpus petition.
• Mann v. Louie L. Wainwright
  191 So. 2d 867· Fla. 1st DCA· 1966-11-15 ·cited 10×
  Mann sought habeas corpus relief attacking a consecutive sentence imposed by Alachua County while still serving a Broward County sentence. The court held that habeas corpus cannot be used to challenge a future consecutive sentence when the petitioner remains lawfully detained und
• Grove v. Wilson
  368 F.2d 414· 9th Cir.· 1966-11-07 ·cited 10×
  The court held that the petition did not allege facts sufficient to show a violation of federal constitutional rights, thus denying habeas corpus relief.
• United States ex rel. Anthony Bruno v. Ross E. Herold, M.D.
  368 F.2d 187· 2d Cir.· 1966-10-26 ·cited 10×·via Habeas Corpus Petition
  The court held that the district court erred in denying the motion to vacate its prior order, as the courtroom clearing was a valid exercise of judicial discretion to maintain order and fairness.
• Martin v. United States
  364 F.2d 894· C.C.P.A.· 1966-08-12 ·cited 10×·via Writ Of Habeas Corpus
  The court held that a defendant's voluntary guilty plea waives claims about the minor nature of his role in the offense, and sentence disparity with a co-defendant is not an abuse of discretion if within legal limits.
• Whitaker v. Warden, Maryland Penitentiary
  362 F.2d 838· 4th Cir.· 1966-06-20 ·cited 10×·via Habeas Corpus Petition
  The court held that the attorney's representation was likely influenced by conflicting interests, potentially depriving the defendant of effective assistance of counsel.
• Ratley v. Crouse
  365 F.2d 320· 10th Cir.· 1966-06-07 ·cited 10×
  A federal court lacks jurisdiction to entertain a state prisoner's habeas corpus petition if the issue presented is solely one of state statutory interpretation and does not raise a federal question.
• Burns v. State OF Ala.
  360 F.2d 608· 5th Cir.· 1966-05-12 ·cited 10×
  The court held that the district court erred in denying habeas corpus relief without a full hearing, as the appellant had not deliberately bypassed available state remedies and the issue of counsel effectiveness required further factual development.
• United States ex rel. James Irwin v. Pate
  357 F.2d 911· 7th Cir.· 1966-03-03 ·cited 10×
  The court held that the district court did not err in dismissing the petition for a writ of habeas corpus, affirming the judgment of dismissal.
• United States ex rel. Frank C. Smith v. Reincke
  354 F.2d 418· 2d Cir.· 1965-12-16 ·cited 10×
  The court held that the petitioner was not denied due process, as any prejudice from the prosecution's questioning of a witness was cured by jury instructions or the petitioner's opportunity to cross-examine.
• Randel v. Beto
  354 F.2d 496· 5th Cir.· 1965-12-10 ·cited 10×
  The district court erred in denying the petition for habeas corpus without a hearing, as significant constitutional questions regarding the substitution of judges and the right to a jury trial were presented.
• Dupes v. Wilburn C. Johnson
  353 F.2d 103· 6th Cir.· 1965-12-03 ·cited 10×
  The court affirmed the district court's grant of habeas corpus, finding that the admission of a coerced confession violated due process and that the state's argument of waiver was unsupported.
• Finan v. Crouse
  352 F.2d 507· 10th Cir.· 1965-11-12 ·cited 10×·via Writ Of Habeas Corpus
  The court held that the petitioner failed to exhaust state remedies and the delay did not constitute a due process violation.
• Wells v. The People OF the State OF Cal.
  352 F.2d 439· 9th Cir.· 1965-11-01 ·cited 10×
  A federal court may not grant habeas corpus relief if a favorable decision on the challenged conviction would not result in the prisoner's immediate release from custody.
• United States ex rel. Jerry Mason v. Murphy
  351 F.2d 610· 2d Cir.· 1965-10-14 ·cited 10×
  The court held that there was probable cause for the arrest, and thus no evidentiary hearing is required.
• Welton Hamrick v. Peyton
  349 F.2d 370· 4th Cir.· 1965-07-22 ·cited 10×
  The court held that a Virginia statute precluding credit for time spent on parole against reinstated sentences for parole violations does not violate the Double Jeopardy Clause.
• Logan Peter Rollins v. Haskins
  348 F.2d 454· 6th Cir.· 1965-07-01 ·cited 10×
  Federal courts lack jurisdiction to hear a habeas corpus petition if the petitioner has not exhausted available state remedies, including the possibility of a delayed appeal.
• Smith v. State
  176 So. 2d 383· Fla. 3d DCA· 1965-06-22 ·cited 10×·via Habeas Corpus Proceedings
  Willie Thomas Smith was convicted of breaking and entering and grand larceny after a bench trial. He filed a petition to vacate claiming deprivation of a fair trial but alleged only legal conclusions without factual support. The appellate court affirmed the trial court's summary
• United States ex rel. LAM HAI Cheung v. Esperdy
  345 F.2d 989· 2d Cir.· 1965-05-27 ·cited 10×·via Writ Of Habeas Corpus
  A temporary parolee whose parole has expired is not entitled to a hearing prior to expulsion from the country.
• Dabney v. Sigler
  345 F.2d 710· 8th Cir.· 1965-05-19 ·cited 10×
  The court held that federal courts should apply the exhaustion of state remedies doctrine when a new state post-conviction relief statute becomes available, remanding the case for dismissal without prejudice.
• Davis v. Bomar
  344 F.2d 84· 6th Cir.· 1965-04-20 ·cited 10×
  A defendant's retained counsel's alleged incompetence or errors do not constitute a denial of constitutional rights chargeable to the state, absent a showing that the proceedings were a farce or mockery of justice.
• Magee v. Peyton
  343 F.2d 433· 4th Cir.· 1965-03-11 ·cited 10×
  The court held that the petitioner's letters, despite not explicitly mentioning an appeal, sufficiently asserted his indigency and right to appointed counsel for appellate review, and the state court's dismissal of his habeas petition was erroneous.
• Keller v. Tinsley
  335 F.2d 144· 10th Cir.· 1964-08-06 ·cited 10×
  The court affirmed the denial of the writ of habeas corpus, finding no constitutional violation regarding speedy trial, assistance of counsel, or counsel on appeal.
• Hampton v. Buchkoe
  334 F.2d 6· 6th Cir.· 1964-07-10 ·cited 10×
  The court held that a federal court may deny habeas corpus relief to an applicant who has deliberately bypassed state court procedures.
• Tompa v. Commonwealth OF Va. ex rel. W. K. Cunningham, Jr.
  331 F.2d 552· 4th Cir.· 1964-03-31 ·cited 10×
  The dissenting judge holds that the pro se petition adequately raised the issue of incompetent counsel and that the petitioner was entitled to a federal hearing.
• State of Fla. ex rel. Leno Joseph Risatti v. Eaton
  161 So. 2d 549· Fla. 2d DCA· 1964-03-11 ·cited 10×
  Risatti, committed to a state hospital after acquittal by reason of insanity on a murder charge, petitioned for habeas corpus alleging illegal detention. The Florida appellate court denied the petition, finding the trial court's commitment order was legal and based on substantial
• Jackson v. Dickson
  325 F.2d 573· 9th Cir.· 1963-12-30 ·cited 10×
  The imposition of the death penalty for a murder conviction is not cruel and unusual punishment, nor a violation of due process, even if the act was the result of an uncontrollable impulse, provided the defendant was legally sane under the M'Naghten Rule.
• Allison v. Holman
  326 F.2d 294· 5th Cir.· 1963-12-18 ·cited 10×
  The court held that the district court did not err in denying a habeas corpus hearing because the state court proceedings provided a full, fair, and adequate record.