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

• Frazier v. Ciccone
  506 F.2d 1022· 8th Cir.· 1974-11-15 ·cited 8×
  The court held that a prisoner's claim that a derogatory notation in his prison record, not leading to loss of good time or custody change, does not state a claim for habeas corpus relief under the Eighth Amendment.
• Alonzo v. Estelle
  500 F.2d 672· 5th Cir.· 1974-09-16 ·cited 8×·via Habeas Corpus Petition
  The court held that the Texas state courts should be afforded the opportunity to review the appellant's constitutional claims before federal habeas relief is granted.
• Bradley v. Cowan
  500 F.2d 380· 6th Cir.· 1974-07-30 ·cited 8×·via Habeas Corpus Petition
  The court held that the petitioner was entitled to an evidentiary hearing on the issue of effective assistance of counsel and that the consent issue also required further factual determination.
• Pickens v. The State OF Tex.
  497 F.2d 981· 5th Cir.· 1974-07-19 ·cited 8×
  The court held that revoking probation based on speech protected by the First Amendment constitutes an abuse of discretion.
• Marshall v. Rose
  499 F.2d 1163· 6th Cir.· 1974-06-25 ·cited 8×·via Writ Of Habeas Corpus
  The court held that the admission of the victim's in-court identification was not harmless error because it was tainted by an unconstitutional showup conducted without counsel, and the state failed to prove by clear and convincing evidence that the identification had an independe
• Benedict v. Foster
  300 So. 2d 8· Fla.· 1974-06-12 ·cited 8×·via Writ Of Habeas Corpus
  The Court's judgment is joined, specifically the holding that the complaint failed to satisfy the constitutional threshold requirement of an actual case or controversy.
• Reynolds v. Lockhart
  497 F.2d 314· 8th Cir.· 1974-05-17 ·cited 8×
  The court held that while the petitioner's claim regarding denial of counsel on appeal may have merit, he failed to exhaust state remedies, and thus the petition for habeas corpus is denied.
• State of Fla. ex rel. Robert L. Shevin v. Rawls
  290 So. 2d 477· Fla.· 1974-02-13 ·cited 8×·via Writ Of Habeas Corpus
  The Florida Supreme Court denied a writ of prohibition sought by the State to prevent the First District Court of Appeal from hearing criminal appeals, holding that timely notices of appeal filed in the Second District Court of Appeal due to improper state advice should be treate
• Fate Thomas v. Beasley
  491 F.2d 507· 6th Cir.· 1974-02-05 ·cited 8×·via Writ Of Habeas Corpus
  The court held that jeopardy attached at the first trial, and the declaration of a mistrial over the defendant's objection without manifest necessity bars retrial.
• Jess Raymond Bridwell v. Ciccone
  490 F.2d 310· 8th Cir.· 1973-12-11 ·cited 8×·via Habeas Corpus Petition
  The court held that the petitioner was entitled to a review of his parole application based on new information, but affirmed the denial of his habeas corpus petition as presented.
• Harris v. Estelle
  487 F.2d 56· 5th Cir.· 1973-11-01 ·cited 8×·via Petition For Habeas Corpus Relief
  A prisoner is entitled to an out-of-time direct appeal with counsel if his indigence and desire to appeal were made known to the trial judge, even if the judge assumed retained counsel would continue representation.
• Sammie L. Nelson v. Moriarty
  484 F.2d 1034· 1st Cir.· 1973-09-20 ·cited 8×·via Habeas Corpus Petition
  The court held that the petitioner had not exhausted his state remedies and therefore was not entitled to federal habeas corpus relief.
• Addison v. Fla. Parole Bd.
  281 So. 2d 906· Fla. 1st DCA· 1973-08-30 ·cited 8×·via Writ Of Habeas Corpus
  Petitioner challenged his parole revocation by the Florida Parole Commission as illegal and lacking due process. The court affirmed the revocation, finding that the Commission complied with the minimum due process requirements established in Morrissey v. Brewer.
• Sec. & Exch. Comm'n v. Radio Hill Mines Co., Ltd.
  479 F.2d 4· 2d Cir.· 1973-05-25 ·cited 8×·via Writ Of Habeas Corpus
  The court held that the district court had the equitable power to order ancillary reporting requirements as part of a preliminary injunction under the Securities Acts, and that such requirements were not unconstitutional under the Fourth or Fifth Amendments in this context.
• United States ex rel. Francis J. Sledjeski v. Commanding Officer
  478 F.2d 1147· 2d Cir.· 1973-05-03 ·cited 8×·via Habeas Corpus Petition
  A reservist must be clearly advised of their right to claim hardship before their failure to do so can be considered a waiver.
• United States ex rel. Brodie Byron Davis v. Henderson
  474 F.2d 1098· 5th Cir.· 1973-03-08 ·cited 8×·via Writ Of Habeas Corpus
  The court held that while most of petitioner's claims were without merit, his contention regarding the systematic exclusion of blacks from jury service required further investigation in light of a recent Supreme Court decision.
• Tabasko v. Barton
  472 F.2d 871· 6th Cir.· 1972-12-27 ·cited 8×
  The court held that oral testimony presented to a magistrate for a search warrant must be sworn, and the district court's finding that it was sworn was clearly erroneous.
• Redus v. Swenson
  468 F.2d 606· 8th Cir.· 1972-10-04 ·cited 8×
  A guilty plea is valid if entered understandingly and voluntarily with competent counsel, even if influenced by a prior coerced confession.
• Sanchez v. Beto
  467 F.2d 513· 5th Cir.· 1972-10-02 ·cited 8×
• Griffin v. Cal. Adult Auth.
  464 F.2d 602· 9th Cir.· 1972-07-24 ·cited 8×·via Habeas Corpus Petition
  The court held that the district court's dismissal of the habeas corpus petition was premature because the prisoner's claims regarding denial of counsel and confrontation rights at parole revocation required further factual development.
• Matthews v. State
  463 F.2d 679· 5th Cir.· 1972-07-17 ·cited 8×·via Habeas Corpus Petition
  The court held that the case is not moot because the appellant suffered collateral consequences from his conviction, despite his release from jail and payment of fines.
• United States ex rel. George L. Spears H-7506 v. Johnson
  463 F.2d 1024· 3d Cir.· 1972-06-23 ·cited 8×
  The court held that the district court's finding that the trial court denied Spears' right to summation was clearly erroneous and not supported by the record.
• Carney v. Secretary OF Defense
  462 F.2d 606· 1st Cir.· 1972-06-21 ·cited 8×
  The court held that the district court had jurisdiction to grant the writ of habeas corpus because the serviceman's custodian, the Secretary of the Navy, had sufficient contacts with the district through naval administrative practice.
• Bartley v. Commonwealth OF Ky.
  462 F.2d 610· 6th Cir.· 1972-06-21 ·cited 8×·via Habeas Corpus Petition
  The court held that even if the petitioner was indigent, the undisputed facts showed he knowingly and voluntarily waived his right to appeal, making the cited cases inapplicable.
• Pruett v. The State OF Tex.
  468 F.2d 51· 5th Cir.· 1972-06-12 ·cited 8×
• Bowman v. Louie L. Wainwright
  460 F.2d 1298· 5th Cir.· 1972-06-01 ·cited 8×·via Habeas Corpus Petition
  The court held that the petitioner deliberately bypassed available state court remedies by failing to raise his intoxication claim at trial or on direct appeal, thus forfeiting his right to federal habeas corpus relief.
• Goodspeed v. Beto
  460 F.2d 398· 5th Cir.· 1972-05-16 ·cited 8×·via Habeas Corpus Petition
  The court held that most of the petitioner's claims were without merit or previously decided, but remanded for an evidentiary hearing on the issue of being tried in prison garb.
• Henderson v. Tollett
  459 F.2d 237· 6th Cir.· 1972-04-20 ·cited 8×·via Habeas Corpus Petition
  A guilty plea does not waive the right to challenge a grand jury indictment based on systematic racial exclusion if neither the defendant nor counsel knew of this right at the time of the plea.
• Keeny v. Swenson
  458 F.2d 680· 8th Cir.· 1972-04-20 ·cited 8×
  The court held that the petitioner's claims regarding denial of speedy trial, illegal search and seizure, unfair jury, and erroneous sentencing did not present grounds for federal habeas corpus relief.
• Armstrong v. Cardwell
  457 F.2d 34· 6th Cir.· 1972-03-20 ·cited 8×·via Habeas Corpus Petition
  The court held that while claims regarding prison treatment are generally cognizable in habeas corpus, the petitioner's specific claim of denial of access to courts was moot and other claims lacked merit, thus affirming the denial of the writ.
• Carter v. Duggan
  455 F.2d 1156· 5th Cir.· 1972-02-29 ·cited 8×
  State judges are immune from suit for damages for judicial actions, and a federal court should not compel state judges to act without prior exhaustion of state remedies.
• MacOn v. Craven
  457 F.2d 342· 9th Cir.· 1972-02-09 ·cited 8×·via Habeas Corpus Petition
  A defendant is entitled to an evidentiary hearing on a habeas corpus petition if their guilty plea may have been induced by a prosecutor's unkept promise.
• Wilson v. Lash
  457 F.2d 106· 7th Cir.· 1972-02-03 ·cited 8×·via Habeas Corpus Petition
  The court held that the district court did not err in dismissing the habeas corpus petition because the petitioner failed to prove constitutional violations regarding prejudicial publicity or his attorney's conflict of interest.
• United States ex rel. John Martinez v. Mancusi
  455 F.2d 705· 2d Cir.· 1972-01-26 ·cited 8×
  The court held that the defendant's guilty plea was involuntary due to coercion, misunderstanding, and confusion, violating his due process rights.
• Braden v. 30TH Jud. Cir. Court OF the Commonwealth OF Ky.
  454 F.2d 145· 6th Cir.· 1972-01-18 ·cited 8×·via Habeas Corpus Petition
  A federal district court lacks jurisdiction to issue a writ of habeas corpus for a petitioner not physically present within its territorial limits.
• Hill v. Warden Bay H. Page & The State of Okla.
  454 F.2d 679· 10th Cir.· 1971-12-28 ·cited 8×·via Habeas Corpus Petition
  The court held that the trial courts correctly denied relief to both petitioners, affirming their decisions.
• Chauncey v. Second Jud. Dist. Court
  453 F.2d 389· 9th Cir.· 1971-12-23 ·cited 8×
• Robinson v. Neil
  452 F.2d 370· 6th Cir.· 1971-12-10 ·cited 8×
  The Supreme Court decision in Waller v. Florida, which ended the dual sovereignty theory for municipal and state prosecutions, should not be applied retroactively to cases where the integrity of the fact-finding process is not challenged.
• United States ex rel. Robert J. Raymond v. People OF the State OF Ill.
  455 F.2d 62· 7th Cir.· 1971-12-10 ·cited 8×
  The court held that the combined pretrial identification procedures were so unnecessarily suggestive as to violate due process, and that the state's failure to disclose exculpatory laboratory test results to defense counsel also violated due process.
• Owensby v. Clark
  451 F.2d 206· 5th Cir.· 1971-11-15 ·cited 8×
  A federal prisoner seeking to challenge the legality of his sentence must first pursue remedies under 28 U.S.C. § 2255 in the sentencing court, not file a habeas corpus petition in the district of confinement.
• Foxworth v. Louie L. Wainwright
  449 F.2d 319· 5th Cir.· 1971-10-27 ·cited 8×
  An indigent defendant has a constitutional right to representation by counsel on appeal, and denial of this right requires reversal.
• Bethel Raymond Fairris v. Beto
  446 F.2d 1290· 5th Cir.· 1971-08-17 ·cited 8×
  The court affirmed the denial of the habeas corpus petition, finding no deprivation of due process.
• Manuel v. Salisbury
  446 F.2d 453· 6th Cir.· 1971-07-19 ·cited 8×·via Habeas Corpus Petition
  The court held that a mere possibility of communication between a prosecutor and an attorney with whom the defendant discussed his case is insufficient to establish a due process violation without proof of actual prejudice or disclosure.
• Langdeau v. State OF S.D. & Its Agents
  446 F.2d 507· 8th Cir.· 1971-06-30 ·cited 8×·via Habeas Corpus Petition
  The court held that the petitioner's guilty plea was intelligently and voluntarily entered, despite alleged coercive jail conditions, and that the issue of preconviction bail was rendered moot by the conviction.
• Oaks v. Louie L. Wainwright
  445 F.2d 1062· 5th Cir.· 1971-06-25 ·cited 8×
  A guilty plea is valid even if equivocal, provided it is knowingly and voluntarily entered and supported by independent corroborating evidence of guilt.
• Gotcher v. Beto
  444 F.2d 696· 5th Cir.· 1971-06-21 ·cited 8×
  The court held that a federal court may deny a habeas corpus petition without an evidentiary hearing if the state court's prior hearing met the standards set forth in Townsend v. Sain, and that the petitioner's guilty pleas were not rendered involuntary by the circumstances prese
• Adams v. Louie L. Wainwright
  445 F.2d 832· 5th Cir.· 1971-06-14 ·cited 8×
  The court held that substantial compliance with the state statute requiring notice to a minor's parents or guardians, by notifying the minor's aunt and mother, satisfied due process and did not present a federal constitutional violation.
• Gill v. Turner
  443 F.2d 1064· 10th Cir.· 1971-06-07 ·cited 8×
  The court held that while the finding of an involuntary guilty plea was supported by the evidence, the trial court erred in ordering immediate discharge without allowing the state an opportunity to retry the petitioner.
• Autry v. Wiley
  440 F.2d 799· 1st Cir.· 1971-04-13 ·cited 8×·via Habeas Corpus Petition
  The court held that the petitioner's claim of a treaty violation did not divest the court of jurisdiction, as the alleged violation fell outside the narrow exceptions to the general rule that the method of apprehension is irrelevant to jurisdiction. The court also found that the
• Hall v. Louie L. Wainwright
  441 F.2d 391· 5th Cir.· 1971-04-09 ·cited 8×
  The court held that the petitioner was denied his right to appeal, but the federal court should not have addressed the ineffective counsel claim without prior state court consideration.