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

• Arbuckle v. Turner
  440 F.2d 586· 10th Cir.· 1971-04-08 ·cited 8×·via Habeas Corpus Petition
  The court held that the appellant's guilty plea was valid, as it was entered voluntarily and intelligently, and the trial court's findings were supported by the record.
• Johns v. Perini
  440 F.2d 577· 6th Cir.· 1971-03-31 ·cited 8×
  The court held that the trial transcript was inadequate to determine if the appellant was denied effective assistance of counsel due to the failure to present alibi evidence, requiring an evidentiary hearing.
• Dodd v. United States Marshal & Wash. State Bd. of Paroles & Pardons & Dir.
  439 F.2d 774· 2d Cir.· 1971-03-22 ·cited 8×·via Application For Writ Of Habeas Corpus
  A federal prisoner is not considered 'in custody' of a state for habeas corpus purposes unless that state has filed a detainer with the prisoner's custodian.
• Valdez v. People OF the State OF Cal.
  439 F.2d 1405· 9th Cir.· 1971-03-19 ·cited 8×·via Habeas Corpus Petition
  The District Court erred in summarily denying the habeas corpus petition without an evidentiary hearing or reviewing the state court record.
• Hines v. Sargent Pitcher
  440 F.2d 792· 5th Cir.· 1971-03-19 ·cited 8×
• Jones v. Sheriff Bill Decker
  436 F.2d 954· 5th Cir.· 1970-12-30 ·cited 8×
  The court held that a civil rights action is a supplemental remedy and does not require exhaustion of state remedies, but a habeas corpus petition does.
• Jackson v. COX
  435 F.2d 1089· 4th Cir.· 1970-12-30 ·cited 8×
  A guilty plea is voluntary and intelligent if counsel's advice was within the range of competence demanded of attorneys in criminal cases, even if the defendant pleaded guilty due to a prior coerced confession.
• Dennis v. Henderson
  435 F.2d 1288· 5th Cir.· 1970-12-18 ·cited 8×·via Habeas Corpus Petition
  The court held that the district court's denial of the petition for habeas corpus was not erroneous, affirming the lower court's decision.
• Malone v. Louie L. Wainwright
  433 F.2d 927· 5th Cir.· 1970-11-13 ·cited 8×·via Habeas Corpus Petition
  The court held that the district court erred in not considering the denial of counsel issue and in failing to make operative findings of fact regarding the arrest.
• James v. State
  241 So. 2d 383· Fla.· 1970-11-12 ·cited 8×
  Roosevelt James was indicted for first-degree murder and sought bail through habeas corpus petition after the primary eyewitness died. The Florida Supreme Court upheld the Circuit Court's denial of bail, holding that the transcript of the deceased witness's testimony—which he had
• United States ex rel. Dominick Sabella v. Hon. H. W. Follette
  432 F.2d 572· 2d Cir.· 1970-10-13 ·cited 8×
  The court affirmed the denial of the habeas corpus petition, finding no constitutional error in the state court convictions.
• Thomas v. Decker
  434 F.2d 1033· 5th Cir.· 1970-10-12 ·cited 8×
  A federal court may consider a habeas corpus petition on its merits if the petitioner has already raised the issues on direct appeal to the highest state court, even if state habeas relief has not been sought.
• Wade v. Carsley
  433 F.2d 68· 5th Cir.· 1970-10-12 ·cited 8×
  Imprisonment for inability to pay a fine, extending beyond the statutory maximum for the offense, violates the Equal Protection Clause of the Fourteenth Amendment.
• United States ex rel. Charles A. Wright v. Woods
  432 F.2d 1143· 7th Cir.· 1970-10-08 ·cited 8×
  The court held that police may forcibly enter an apartment to make arrests for a gambling offense without a warrant, provided they have probable cause and announce their authority and purpose.
• Kreiling v. Field
  431 F.2d 638· 9th Cir.· 1970-09-14 ·cited 8×
  The court held that the appellant's waiver of counsel was intelligent and that an evidentiary hearing was not required. The denial of the petition for a writ of habeas corpus is affirmed.
• Watson v. Montgomery
  431 F.2d 1083· 5th Cir.· 1970-08-31 ·cited 8×
• United States ex rel. Murray Dickerson v. Rundle
  430 F.2d 462· 3d Cir.· 1970-07-21 ·cited 8×·via Writ Of Habeas Corpus
  The dissenting judge argues that the bring-up proceeding, authorized by a judicial officer, constituted a critical stage requiring counsel, making the subsequent confession inadmissible.
• Martinez v. Patterson
  429 F.2d 844· 10th Cir.· 1970-07-15 ·cited 8×
  The court held that constitutional due process does not require appointed counsel, confrontation of witnesses, or compulsory process at state parole revocation hearings, and that the equal protection clause does not mandate counsel for preparing written statements in such proceed
• Application of Dennis A. Tavlos
  429 F.2d 859· 5th Cir.· 1970-07-13 ·cited 8×·via Habeas Corpus Petition
  The dissenting judge believes there was a factual basis for the Army's denial of the discharge application, which would require affirming the district court's judgment.
• Berald Herlin Andry v. Henderson
  429 F.2d 26· 5th Cir.· 1970-07-06 ·cited 8×
  A defendant is denied effective assistance of counsel if counsel fails to advise him of his right to appeal or obtain his informed consent to forego that right.
• Olvera v. Beto
  429 F.2d 131· 5th Cir.· 1970-07-02 ·cited 8×·via Application For Writ Of Habeas Corpus
  The court held that the case should be remanded to allow Texas state courts an opportunity to interpret the application of Burgett v. Texas to the penalty stage of a bifurcated trial, citing principles of comity and federalism.
• United States ex rel. Victor Amuso v. LaVALLEE
  427 F.2d 328· 2d Cir.· 1970-06-01 ·cited 8×·via Habeas Corpus Petition
  The court held that the petitioner's guilty plea was not unconstitutionally obtained, as it was not conditioned on a waiver of his right to appeal.
• Pope v. Turner
  426 F.2d 783· 10th Cir.· 1970-05-26 ·cited 8×·via 28 U.S.C. § 2254 Petition For Writ Of Habeas Corpus
  The court held that the district court erred in dismissing the habeas corpus petition without a hearing, as the petition raised substantial factual issues requiring resolution.
• von Utter v. Tulloch
  426 F.2d 1· 1st Cir.· 1970-05-14 ·cited 8×·via Habeas Corpus Petition
  The court held that the search warrant was invalid because the affidavit did not establish probable cause, and the subsequent arrest was tainted by the invalid warrant.
• Cleophus Young v. State OF Ala.
  427 F.2d 177· 5th Cir.· 1970-05-12 ·cited 8×
  A federal habeas corpus petitioner who has presented a claim to the highest state court has exhausted state remedies, even if the claim was raised on direct appeal rather than in a collateral proceeding.
• Darwin Murphy v. Turner
  426 F.2d 422· 10th Cir.· 1970-05-08 ·cited 8×·via Application For Writ Of Habeas Corpus
  The court held that parole revocation hearings do not require the full panoply of due process rights, only general fairness, and that the Board's actions met this standard.
• Stanford Yates v. Wingo
  425 F.2d 1167· 6th Cir.· 1970-05-05 ·cited 8×
  The court held that the petitioner was entitled to an evidentiary hearing on his habeas corpus petition.
• United States ex rel. Salvador Agron v. Ross E. Herold, M.D.
  426 F.2d 125· 2d Cir.· 1970-04-30 ·cited 8×
  The court held that the appellant waived his claim of prejudicial pre-trial publicity by deliberately failing to raise it at trial and on appeal.
• Forbes v. Louie L. Wainwright
  425 F.2d 724· 5th Cir.· 1970-04-28 ·cited 8×·via Habeas Corpus Petition
  The court held that the appeal was timely filed and that the appellant was denied no federally protected right, affirming the district court's denial of habeas corpus relief.
• Cindle v. Page
  424 F.2d 509· 10th Cir.· 1970-04-22 ·cited 8×
  The federal court must independently assess constitutional claims of state prisoners, even if state courts have ruled on them.
• Savage v. U. S. Parole Bd.
  422 F.2d 1248· 6th Cir.· 1970-03-06 ·cited 8×
  The court held that the prisoner was not entitled to unconditional release due to the delay in executing the parole violator warrant, as the delay was justified by awaiting the outcome of a new criminal charge.
• Harris v. Hayden J. Dees
  421 F.2d 1079· 5th Cir.· 1970-01-30 ·cited 8×·via Habeas Corpus Petition
  The court held that the petitioner's claims of ineffective assistance of counsel and due process violations regarding identification were without merit.
• Hansen v. Mathews
  424 F.2d 1205· 7th Cir.· 1970-01-29 ·cited 8×·via Habeas Corpus Petition
  The court held that the petitioner's contentions regarding his guilty plea being involuntary, unknowing, or impeached were without merit, affirming the denial of his habeas corpus petition.
• Dearinger v. Rhay
  421 F.2d 1086· 9th Cir.· 1970-01-28 ·cited 8×·via Application For Writ Of Habeas Corpus
  The court held that the applicant lacked standing to challenge the legality of his companion's arrest, as any illegality did not violate the applicant's rights.
• Beaty v. Major General T. A. Kenan
  420 F.2d 55· 9th Cir.· 1969-12-23 ·cited 8×
  The court held that the soldier's resort to habeas corpus was not barred by failure to exhaust administrative remedies, and there was no basis in fact for the finding that he was absent without leave after receiving assurances he could await orders.
• Settler v. Lameer
  419 F.2d 1311· 9th Cir.· 1969-12-22 ·cited 8×
  The court held that the district court has jurisdiction to entertain petitions for writs of habeas corpus to test the legality of detention by order of an Indian Tribe, and that these matters should be remanded for a hearing on the merits.
• Opie v. Lenard F. Meacham
  419 F.2d 465· 10th Cir.· 1969-12-18 ·cited 8×
  The court held that the petitioner's claim of ineffective assistance of counsel was not a basis for habeas corpus relief because the alleged overlooked evidence could have been obtained with due diligence and did not render the trial a mockery of justice.
• VIA v. Perini
  415 F.2d 1052· 6th Cir.· 1969-09-18 ·cited 8×·via Writ Of Habeas Corpus
  The court held that the appellant's claims were not properly before the court or had not exhausted state remedies, and thus the petition for a writ of habeas corpus was correctly denied.
• Bratcher v. McNAMARA
  415 F.2d 760· 9th Cir.· 1969-08-12 ·cited 8×·via Application For Writ Of Habeas Corpus
  A military enlistee seeking discharge as a conscientious objector must exhaust available administrative remedies before seeking federal court relief.
• SP5 William S. Johnson v. Lieut.-General Beverly E. Powell
  414 F.2d 1060· 5th Cir.· 1969-07-29 ·cited 8×
  The court held that the dual enlistment system for the National Guard is a proper exercise of Congress's power to raise armies, and activation under Public Law 89-687 was lawful. The court also held that the statute allows for unit call-ups without crediting prior individual serv
• Gus Lindsey, Jr. v. Perini
  409 F.2d 1341· 6th Cir.· 1969-05-08 ·cited 8×
  The court held that a belated appeal cannot be filed without a provision for it, and a timely notice of appeal is jurisdictional.
• Wilmer W. Evans v. State OF Ariz.
  410 F.2d 1122· 9th Cir.· 1969-05-07 ·cited 8×
  The court held that the appellant's claims regarding conspiracy, subornation of perjury, and prejudicial pretrial publicity did not warrant federal habeas corpus relief.
• United States ex rel. Charles Pennington v. Pate
  409 F.2d 757· 7th Cir.· 1969-04-17 ·cited 8×
  The court concurred in the result, finding that while appointment of counsel for discretionary appeals is generally required, Illinois' post-conviction procedures provide an adequate substitute for indigents.
• United States ex rel. Charles Kenny v. Hon. Harold W. Follette
  410 F.2d 1276· 2d Cir.· 1969-03-25 ·cited 8×·via Habeas Corpus Petition
  The court held that the petitioner deliberately abandoned his right to challenge the validity of his prior conviction by failing to utilize available state procedures, despite being informed of his right to do so.
• Drews v. State OF Minn.
  407 F.2d 1307· 8th Cir.· 1969-03-10 ·cited 8×
  The court held that while the federal district court erred in finding procedural waiver under state law, there is no federal constitutional right to pretrial disclosure of prosecution witnesses, thus affirming the denial of habeas corpus.
• Pope v. Harper
  407 F.2d 1303· 9th Cir.· 1969-02-25 ·cited 8×
  The court held that the state court's prior determination that prosecutorial comment on the defendant's failure to testify was harmless error was incorrect, and that the federal district court properly granted habeas corpus relief.
• Velasquez v. Rhay
  408 F.2d 9· 9th Cir.· 1969-02-13 ·cited 8×·via Habeas Corpus Petition
  A petitioner convicted of possessing seized property has standing to challenge the constitutionality of the search and seizure, even if they deny ownership of the premises.
• United States ex rel. James Edward Hill v. Pinto
  394 F.2d 470· 3d Cir.· 1968-04-23 ·cited 8×
  The court held that a federal habeas court must conduct an evidentiary hearing to determine if a petitioner deliberately bypassed their right to object to the admission of involuntary statements, and that statements obtained in violation of Escobedo or coercion cannot be used for
• Thompson v. Wingate White
  391 F.2d 724· 5th Cir.· 1968-03-05 ·cited 8×
  The court held that the appellant is entitled to an evidentiary hearing on his habeas corpus petition because the district court lacked a sufficient basis to evaluate the state court's decision regarding the admissibility of evidence.
• Petition of Marc Barry
  388 F.2d 592· 3d Cir.· 1968-01-18 ·cited 8×
  The court held that the defendant had not exhausted his state remedies under New Jersey's post-conviction relief rules before seeking federal habeas corpus, and thus the district court's denial of the writ was affirmed on that basis.