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

• United States ex rel. William J. Stacey v. Pate
  324 F.2d 934· 7th Cir.· 1963-11-21 ·cited 10×·via Writ Of Habeas Corpus
  The court held that the voluntary surrender of a bloodstained shirt by the petitioner's wife, without a warrant, did not constitute an unlawful search, and therefore the petitioner's subsequent confession was not tainted by illegally obtained evidence.
• Turner v. Fay Ward, Jr.
  321 F.2d 918· 10th Cir.· 1963-08-29 ·cited 10×
  The court held that the trial court did not err in granting a writ of habeas corpus based on findings that the state prosecuting attorney knowingly used false testimony and suppressed material evidence, violating due process.
• Bohm v. State OF Alaska
  320 F.2d 851· 9th Cir.· 1963-07-16 ·cited 10×·via Application For Writ Of Habeas Corpus
  The court held that the habeas corpus application must be dismissed because the State of Alaska was improperly named as the respondent instead of the warden of the penitentiary where the petitioner was held.
• Nolan v. Elbert V. Nash
  316 F.2d 776· 8th Cir.· 1963-05-08 ·cited 10×·via Application For Writ Of Habeas Corpus
  The court held that the District Court properly denied the application for a writ of habeas corpus without a hearing, as the issues raised were previously decided and the record supported those determinations.
• United States ex rel. Henry Brewer v. Maroney
  315 F.2d 687· 3d Cir.· 1963-04-08 ·cited 10×
  A federal parolee can be taken into state custody for violating a state parole order, even if that order predates the federal conviction.
• United States ex rel. Monroe Robinson v. Pate
  312 F.2d 161· 7th Cir.· 1963-01-23 ·cited 10×
  The court held that the petitioner's claims of perjured testimony and ineffective assistance of counsel lacked merit, and the District Court properly denied the petition for a writ of habeas corpus.
• Battista v. Kenton
  312 F.2d 167· 2d Cir.· 1963-01-10 ·cited 10×·via Habeas Corpus Petition
  A prisoner transferred to federal custody under 18 U.S.C. § 5003 is still considered a state prisoner for habeas corpus purposes and must exhaust state remedies before seeking federal relief. The application for a certificate of probable cause is denied.
• McGEE v. Eyman
  310 F.2d 230· 9th Cir.· 1962-11-16 ·cited 10×
  The court held that it lacked jurisdiction to grant a stay of execution or a certificate of probable cause because the petitioner failed to raise a federal constitutional issue in the state courts or in his federal habeas petition.
• Deitle v. United States
  302 F.2d 116· 7th Cir.· 1962-04-27 ·cited 10×·via Writ Of Habeas Corpus
  The court held that the district court did not abuse its discretion in denying the defendant's motions and fully complied with the Supreme Court's mandate for a hearing.
• Miller v. Pate
  300 F.2d 414· 7th Cir.· 1962-02-15 ·cited 10×
  The concurring judge agrees with the majority's result but disagrees with the reasoning that the brutality of a murder proves immunity to coercion.
• Thompson v. Bannan
  298 F.2d 611· 6th Cir.· 1962-02-01 ·cited 10×
  A court's power to try a person for a crime is not impaired by the fact that the person was brought within the court's jurisdiction by reason of forcible abduction or faulty extradition proceedings.
• Johnson v. Ellis
  296 F.2d 325· 5th Cir.· 1961-12-08 ·cited 10×
  The appellate court affirmed the district court's denial of the habeas corpus petition, finding no violation of the petitioner's constitutional rights.
• Moore v. Henslee
  276 F.2d 876· 8th Cir.· 1960-03-29 ·cited 10×
  The court held that the appellants' constitutional rights were not violated by their prosecution by information, the jury selection process, or the admission of their confessions, and affirmed the denial of their habeas corpus petitions.
• Morrison v. Smyth
  273 F.2d 544· 4th Cir.· 1960-01-04 ·cited 10×
  The court held that the petitioner must exhaust state remedies regarding the denial of counsel claim before seeking federal habeas corpus relief.
• Spires v. Dowd
  271 F.2d 659· 7th Cir.· 1959-11-12 ·cited 10×
  The court held that the petitioner is entitled to have the district court act upon the allegations in his habeas corpus petition, or hold a hearing to determine the facts, and that the warden is not justified in preventing the petitioner from mailing legal documents to the state
• Greer v. Culver
  113 So. 2d 386· Fla.· 1959-06-26 ·cited 10×·via Writ Of Habeas Corpus
  The court held that the petitioner's second conviction for issuing a worthless check constituted a misdemeanor, not a felony, and that the maximum sentence for that offense had already expired, entitling him to release.
• Northcutt v. Wilkinson
  266 F.2d 2· 5th Cir.· 1959-04-30 ·cited 10×·via Writ Of Habeas Corpus
  The court held that the appellant's forfeited good time, when added to the days he was prematurely released, correctly calculated the remaining sentence, thus denying his habeas corpus petition.
• Irvin v. Dowd
  251 F.2d 548· 7th Cir.· 1958-01-29 ·cited 10×
  The court affirmed the denial of the habeas corpus petition, finding that the petitioner had not exhausted state remedies and that the Indiana Supreme Court's decision was not subject to review in this federal proceeding.
• United States ex rel. Willie Lowery v. Murphy
  245 F.2d 751· 2d Cir.· 1957-06-26 ·cited 10×·via Writ Of Habeas Corpus
  The court denied the petition for a certificate of probable cause, appointment of counsel, and leave to appeal in forma pauperis.
• Cruz-Sanchez v. Robinson
  249 F.2d 771· 9th Cir.· 1957-06-15 ·cited 10×·via Writ Of Habeas Corpus
• Simpson v. Harley O. Teets
  239 F.2d 890· 9th Cir.· 1956-11-07 ·cited 10×·via Habeas Corpus Petition
  The court held that the denial of a habeas corpus petition without opinion does not mean the petition was not considered.
• United States ex rel. Fong FOO v. Shaughnessy
  234 F.2d 715· 2d Cir.· 1955-07-11 ·cited 10×
  A stay of deportation pending appeal should be granted if there is a substantial legal question, and administrative findings contrary to judicially noticed facts are arbitrary.
• United States v. Holton
  222 F.2d 840· 7th Cir.· 1955-06-01 ·cited 10×
  The court held that the Board of Immigration Appeals erred in reversing the Special Inquiry Officer's finding, as the deportation order was not based on reasonable, substantial, and probative evidence.
• Neigut v. Kearney
  221 F.2d 803· 5th Cir.· 1955-04-27 ·cited 10×
  The court held that a federal court lacks authority to entertain a habeas corpus petition if the petitioner could have sought relief under 28 U.S.C. § 2255 in the sentencing court and that remedy is not inadequate or ineffective.
• Caryl Chessman v. Harley O. Teets
  221 F.2d 276· 9th Cir.· 1955-04-07 ·cited 10×·via Application For Writ Of Habeas Corpus
  The court held that the appellant was not denied due process and waived his right to counsel.
• United States ex rel. Silvio de Vita v. McCORKLE
  216 F.2d 743· 3d Cir.· 1954-11-19 ·cited 10×·via Habeas Corpus Petition
  The court held that a district judge must examine the full state court record, not just the opinion, when considering a habeas corpus petition, especially when the state court's consideration of the issues is questioned.
• Jackson v. Mayo
  73 So. 2d 881· Fla.· 1954-07-20 ·cited 10×
  Jackson, a paroled convict, challenged his parole revocation on habeas corpus grounds, alleging the Parole Commission violated statutory procedures by considering evidence not introduced at his revocation hearing. The Florida Supreme Court held that the Commission violated the st
• Rodriguez v. Landon
  212 F.2d 508· 9th Cir.· 1954-04-28 ·cited 10×·via Habeas Corpus Petition
  The court held that the complaint failed to state a claim upon which relief could be granted, and thus the district court properly dismissed the action.
• United States ex rel. Gawron v. Ragen
  211 F.2d 902· 7th Cir.· 1954-04-15 ·cited 10×
  A federal court may decline to award a writ of habeas corpus to a state prisoner if the legality of detention has been determined by the highest state court.
• United States ex rel. Belfrage v. Shaughnessy
  212 F.2d 128· 2d Cir.· 1954-04-09 ·cited 10×·via Habeas Corpus Petition
  The court held that the administrative denial of bail was arbitrary and unreasonable, lacking a rational basis.
• Dewolf v. Waters
  205 F.2d 234· 10th Cir.· 1953-06-09 ·cited 10×·via Writ Of Habeas Corpus
  The court held that the petitioner was not denied his constitutional right to counsel and that the trial court did not abuse its discretion regarding courtroom security and restraints.
• United States ex rel. Catalano v. Shaughnessy
  197 F.2d 65· 2d Cir.· 1952-05-27 ·cited 10×
  The court held that the administrative hearing was fair and did not violate due process, despite the lodging of an additional charge and the absence of a warning about self-incrimination.
• United States ex rel. Young v. Shaughnessy
  194 F.2d 474· 2d Cir.· 1952-02-13 ·cited 10×·via Habeas Corpus Proceedings
  The court held that the relator failed to make a clear and convincing showing that the denial of bail was without reasonable foundation.
• Collins v. Frisbie
  189 F.2d 464· 6th Cir.· 1951-05-28 ·cited 10×
  The judgment of the District Court dismissing the application should be affirmed.
• Coggins v. O'Brien
  188 F.2d 130· 1st Cir.· 1951-03-15 ·cited 10×·via Application For Writ Of Habeas Corpus
  The court affirmed the dismissal of the habeas corpus petition, finding that the state courts afforded the petitioner a constitutionally adequate opportunity to prove his claims.
• Brown v. Hunter
  187 F.2d 543· 10th Cir.· 1951-03-01 ·cited 10×
  A prisoner cannot use habeas corpus to challenge a sentence if a valid judgment exists, and must first exhaust statutory remedies like 28 U.S.C. § 2255.
• McGARTY v. O'Brien
  180 F.2d 987· 1st Cir.· 1950-03-27 ·cited 10×
  The court affirmed the dismissal of the habeas corpus petition, holding that the petitioner had not exhausted his state remedies by failing to present his federal constitutional claim through available state procedures like a writ of error.
• United States ex rel. Parker v. Ragen
  167 F.2d 792· 7th Cir.· 1948-05-07 ·cited 10×·via Writ Of Habeas Corpus
  A writ of habeas corpus cannot issue to challenge a sentence when the petitioner is lawfully detained under another valid sentence.
• Soewapadji v. Wixon
  157 F.2d 289· 9th Cir.· 1946-09-13 ·cited 10×
  The court held that the petition for a writ of habeas corpus was properly denied because the appellants' detention was lawful and their claims did not entitle them to relief.
• Carqueville v. Woodruff
  153 F.2d 1011· 6th Cir.· 1946-03-11 ·cited 10×
  Appellants failed to exhaust state remedies and did not present a substantial federal question, thus their habeas corpus petition was properly denied.
• Sanford v. Callan
  148 F.2d 376· 5th Cir.· 1945-04-06 ·cited 10×·via Writ Of Habeas Corpus
  The court held that the petitioner waived any defect in the oath administration by his subsequent actions and conduct, and thus the court-martial had jurisdiction.
• United States ex rel. Bongiorno v. Ragen
  146 F.2d 349· 7th Cir.· 1945-01-05 ·cited 10×
  A federal court cannot grant habeas corpus relief based on claims of insufficient evidence or procedural errors that do not violate constitutional rights.
• Stout v. Hancock
  146 F.2d 741· 4th Cir.· 1944-12-20 ·cited 10×·via Habeas Corpus Proceedings
  A unanimous vote is not required for conviction of an offense where the death penalty is permissive but not mandatory under the Articles of War.
• Burall v. Johnston
  146 F.2d 230· 9th Cir.· 1944-12-12 ·cited 10×
  The court held that the denial of counsel at a preliminary hearing does not invalidate a subsequent conviction, and that habeas corpus petitions can be assigned to any judge of the district court.
• Spence v. Dowd
  145 F.2d 451· 7th Cir.· 1944-11-08 ·cited 10×
  The court held that the district court erred in summarily denying the petition for a writ of habeas corpus without a hearing, as the appellant's allegations, if true, presented a case for federal review.
• GUY v. Utecht
  144 F.2d 913· 8th Cir.· 1944-10-03 ·cited 10×
  A federal court should not entertain a habeas corpus petition from a state prisoner if the state courts have already fairly adjudicated the federal claims, and the prisoner has not exhausted remedies in the Supreme Court.
• Fleish v. Johnston
  145 F.2d 16· 9th Cir.· 1944-09-29 ·cited 10×·via Writ Of Habeas Corpus
  The court held that the National Firearms Act permits multiple punishments for distinct violations, even if arising from the same event or involving the same firearm.
• Farris v. Hunter
  144 F.2d 63· 10th Cir.· 1944-07-05 ·cited 10×·via Habeas Corpus Petition
  The court held that the appellant failed to demonstrate ineffective assistance of counsel or any prejudice arising from joint representation.
• Miller v. Hiatt
  141 F.2d 690· 3d Cir.· 1944-03-08 ·cited 10×·via Writ Of Habeas Corpus
  The court held that a writ of habeas corpus cannot be used to raise issues concerning the admissibility of evidence that could have been raised on direct appeal.
• Waley v. Johnston
  139 F.2d 117· 9th Cir.· 1943-12-07 ·cited 10×·via Habeas Corpus Petition
  The court held that a guilty plea entered with counsel present, even if preceded by confessions obtained in violation of McNabb, is valid if the confessions were not used in the proceedings where the plea was entered.