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

• Porter v. DeWitt Sinclair
  389 F.2d 277· 5th Cir.· 1967-12-15 ·cited 8×
  The court held that the district court erred in denying a habeas corpus petition without a hearing when the petitioner alleged constitutional grounds for relief and offered to present further evidence.
• Litton v. Beto
  386 F.2d 820· 5th Cir.· 1967-12-15 ·cited 8×·via Habeas Corpus Petition
  The court held that a federal court must grant an evidentiary hearing on a habeas corpus petition alleging a guilty plea was induced by intimidation regarding prior convictions.
• Haggard v. Henderson
  382 F.2d 288· 6th Cir.· 1967-08-30 ·cited 8×·via Habeas Corpus Petition
• Bishop v. The Med. Superintendent OF the Ionia State Hosp.
  377 F.2d 467· 6th Cir.· 1967-05-23 ·cited 8×
  The court held that the district court did not lose jurisdiction when the petitioner was transferred to a different district, and that the petitioner must exhaust state remedies.
• Naugle v. State OF Okla.
  375 F.2d 424· 10th Cir.· 1967-03-23 ·cited 8×
  The court held that the petitioner had not exhausted his state remedies and affirmed the trial court's judgment.
• United States ex rel. Fred DeLUCIA & Salvator Montella v. McMANN
  373 F.2d 759· 2d Cir.· 1967-03-07 ·cited 8×
  The court vacated the district court's denial of habeas corpus and directed dismissal without prejudice, allowing New York courts to reconsider the claims in light of Parker v. Gladden.
• Stem v. Turner
  370 F.2d 895· 4th Cir.· 1966-12-09 ·cited 8×·via Habeas Corpus Petition
  The court held that the district judge should have granted a plenary hearing on the appellant's claims of ineffective counsel, particularly regarding the failure to object to evidence obtained from a warrantless search.
• Helms v. Olin Blackwell
  367 F.2d 149· 5th Cir.· 1966-10-10 ·cited 8×·via Writ Of Habeas Corpus
  The court held that a district court has the authority to treat a habeas corpus motion as a motion to vacate and correct a sentence under 28 U.S.C.A. § 2255 and to resentence the defendant.
• Moorer v. State OF S.C. & Ellis C. MacDougall
  368 F.2d 458· 4th Cir.· 1966-09-26 ·cited 8×
  The court held that a new trial is required because the jury was informed of an inculpatory statement without a proper determination of its voluntariness.
• State of Fla. ex rel. Joseph J. Springer v. Montie Smith
  189 So. 2d 846· Fla. 4th DCA· 1966-09-02 ·cited 8×·via Writ Of Habeas Corpus
  A city ordinance adopting by reference all present and future state misdemeanors is valid, and challenges to the sufficiency of charges should be brought via a motion to quash, not a petition for writ of habeas corpus.
• United States ex rel. John Lowry v. Myers
  364 F.2d 297· 3d Cir.· 1966-07-29 ·cited 8×
  The admission of a defendant's prior criminal record, even when limited to penalty determination, violates due process if it prejudices the jury's consideration of guilt, especially when the death penalty is withdrawn.
• United States ex rel. Codarre v. Gilligan
  363 F.2d 961· 2d Cir.· 1966-06-28 ·cited 8×
  The court held that the petitioner was not denied due process regarding his guilty plea to murder.
• Hedberg v. Pitchess
  362 F.2d 511· 9th Cir.· 1966-06-06 ·cited 8×
  The court held that the district court erred in denying the habeas corpus petition solely on the ground of failure to exhaust state remedies, as the petitioner had exhausted all available state remedies and was not required to petition the Supreme Court for certiorari.
• United States ex rel. Charles Townsend v. Ogilvie
  360 F.2d 925· 7th Cir.· 1966-05-17 ·cited 8×
  The district court correctly followed this court's mandate and therefore could not permit amendment of the petition.
• Cade v. Balkcom
  361 F.2d 212· 5th Cir.· 1966-05-17 ·cited 8×
  Federal habeas corpus relief is not available for claims that do not violate fundamental liberties or for ineffective assistance of counsel unless egregious misconduct is proven, and state remedies must be exhausted.
• King v. State OF Cal.
  356 F.2d 950· 9th Cir.· 1966-02-04 ·cited 8×
  The court held that a petition for a writ of habeas corpus is fatally defective if no respondent is named or served, and if the petitioner does not claim entitlement to immediate release.
• United States ex rel. Erskine Gates v. Pate
  355 F.2d 879· 7th Cir.· 1966-01-20 ·cited 8×
  The court held that the relator's constitutional rights were not violated and he received a fair trial, affirming the denial of his petition for a writ of habeas corpus.
• White v. Parker L. Hancock
  355 F.2d 262· 1st Cir.· 1966-01-17 ·cited 8×·via Habeas Corpus Petition
  The court held that the district court erred in dismissing the habeas corpus petition without a hearing, as the evidence regarding the defendant's waiver of rights was inconclusive.
• Barber v. Page
  355 F.2d 171· 10th Cir.· 1966-01-03 ·cited 8×
  The court held that the federal district court must first determine whether state remedies have been exhausted before considering the merits of a habeas corpus petition.
• Bland v. State OF Ala.
  356 F.2d 8· 5th Cir.· 1965-12-27 ·cited 8×·via Writ Of Habeas Corpus
• Ponciano Murillo-Aguilera v. Rosenberg
  351 F.2d 289· 9th Cir.· 1965-09-20 ·cited 8×·via Writ Of Habeas Corpus
  The court held that the special inquiry officer did not abuse his discretion in denying the appellant's application for permission to reapply for admission into the United States.
• Jacobs v. Crouse
  349 F.2d 857· 10th Cir.· 1965-08-26 ·cited 8×·via Writ Of Habeas Corpus
  The court held that state authorities did not waive their right to enforce a state sentence by releasing a prisoner to federal custody.
• Berryhill v. Page
  349 F.2d 984· 10th Cir.· 1965-08-26 ·cited 8×
  The court held that the petitioner was denied his constitutional right to counsel when he pleaded guilty to murder without understandingly waiving that right.
• Lipscomb v. Stevens
  349 F.2d 997· 6th Cir.· 1965-08-04 ·cited 8×
  The transfer of a federal prisoner to a state prison for concurrent service of state and federal sentences, under an agreement for the federal government to reclaim the prisoner, does not divest the federal government of jurisdiction.
• McCLOSKEY v. Boslow
  349 F.2d 119· 4th Cir.· 1965-07-29 ·cited 8×
  The court held that the district court erred in denying a habeas corpus petition without an evidentiary hearing, as the state court's factual findings may not have been adequately supported by the record.
• Henderson v. Heinze
  349 F.2d 67· 9th Cir.· 1965-07-14 ·cited 8×
  The court held that a petitioner claiming a Fourth Amendment violation in a federal habeas proceeding waives the attorney-client privilege regarding communications about the deliberate by-passing of state remedies.
• Joe v. Lovato
  344 F.2d 916· 10th Cir.· 1965-05-03 ·cited 8×
  The court held that the appellant competently and intelligently waived his right to counsel at arraignment and sentencing, and no prejudice arose from prior proceedings.
• Morgan Kirby Watkins v. Crouse
  344 F.2d 927· 10th Cir.· 1965-04-22 ·cited 8×
  The court held that the appellant deliberately bypassed available state court remedies by refusing to pursue his granted right to appeal, thus forfeiting those remedies.
• Stirone v. Markley
  345 F.2d 473· 7th Cir.· 1965-04-08 ·cited 8×
  The court held that a district court lacks jurisdiction to entertain a habeas corpus petition if the petitioner has already pursued and been denied relief under 28 U.S.C. § 2255, unless the § 2255 remedy is shown to be inadequate or ineffective.
• Newsom v. Peyton
  341 F.2d 904· 4th Cir.· 1965-02-19 ·cited 8×
  The court held that denial of certiorari is not a decision on the merits and that the petitioner sufficiently indicated his desire to appeal and his indigency.
• Achillies G. Cyronne-DeVIRGIN v. State OF Mo. & Dr. Donald B. Peterson
  341 F.2d 568· 8th Cir.· 1965-02-15 ·cited 8×
  The court held that a federal habeas corpus petition should be denied for failure to exhaust state remedies when a newly enacted state statute provides a mechanism for judicial review of the petitioner's current mental condition and potential release.
• Gravette v. Maxwell
  340 F.2d 95· 6th Cir.· 1965-01-14 ·cited 8×
  The court held that a federal court properly dismissed a habeas corpus petition when the petitioner had not exhausted available state remedies.
• United States ex rel. Alvin Clark v. Maroney
  339 F.2d 710· 3d Cir.· 1964-12-30 ·cited 8×
  The admission of illegally seized evidence at trial violated the appellant's constitutional rights, invalidating his conviction, and the exclusionary rule of Mapp v. Ohio applies retroactively to cases not yet final.
• State of Fla. ex rel. John Thomas Callahan, Jr. v. Michell
  170 So. 2d 290· Fla.· 1964-12-21 ·cited 8×·via Habeas Corpus Proceedings
  The Florida Supreme Court denied a petition for certiorari challenging a District Court of Appeal decision in a habeas corpus case, holding that Section 79.11, F.S.A. (an 1879 statute requiring judicial consent for appeals) is obsolete and has been entirely superseded by the 1956
• Byers v. Crouse
  339 F.2d 550· 10th Cir.· 1964-12-11 ·cited 8×
  The court held that the Kansas Habitual Criminal Act is constitutional and that the appellant's conviction and sentence were valid, despite minor procedural irregularities.
• Harris v. Maxwell
  337 F.2d 710· 6th Cir.· 1964-09-18 ·cited 8×·via Application For Writ Of Habeas Corpus
  The court held that the district court correctly dismissed the habeas corpus petition for failure to exhaust state remedies, as appellant had not presented his federal claims to the Ohio Supreme Court.
• Warren v. Richardson
  333 F.2d 781· 9th Cir.· 1964-06-16 ·cited 8×·via Application For Writ Of Habeas Corpus
  The court held that the defendant's absence from a hearing where his sentence was affirmed, under 18 U.S.C. § 4208(b), constituted an error requiring remand for a proper hearing, but not grounds to vacate the conviction.
• United States ex rel. Carl Melton v. Hendrick
  330 F.2d 263· 3d Cir.· 1964-04-03 ·cited 8×·via Habeas Corpus Petition
  The court held that a death sentence imposed on a "mental defective" convicted of first-degree murder, after full consideration of his mental condition, does not violate the Fourteenth Amendment's prohibition against cruel and unusual punishment, nor does the Commonwealth's appea
• Curtis v. Boeger
  331 F.2d 675· 8th Cir.· 1964-03-06 ·cited 8×
  Appellants were not required to petition the Supreme Court for a writ of certiorari before seeking a hearing on their habeas corpus claims in federal district court.
• Nash v. Warden Reincke
  325 F.2d 310· 2d Cir.· 1963-12-12 ·cited 8×
  The court held that the district court did not err in dismissing Nash's habeas corpus petition without a hearing, as prior applications had been fully litigated on the merits and no new grounds or miscarriage of justice were shown.
• Gailes v. Yeager
  324 F.2d 630· 3d Cir.· 1963-10-17 ·cited 8×
  The court held that a writ of habeas corpus cannot be used to challenge a sentence that has not yet begun to run.
• Sharp v. The State OF Ohio
  314 F.2d 799· 6th Cir.· 1963-03-18 ·cited 8×·via Application For Writ Of Habeas Corpus
  The court held that a petitioner alleging lack of counsel and understanding of a guilty plea is entitled to a hearing.
• Miller v. Taylor
  313 F.2d 21· 10th Cir.· 1962-12-22 ·cited 8×·via Habeas Corpus Petition
  The court held that an erroneous early release due to a miscalculation of good time allowances does not divest the Parole Board of jurisdiction to revoke a conditional release.
• Breaton v. United States
  303 F.2d 557· 8th Cir.· 1962-06-19 ·cited 8×
  The court held that the appellant failed to exhaust his remedies under 28 U.S.C.A. § 2255 by not seeking certiorari from the Sixth Circuit's decision, and thus the district court lacked jurisdiction to entertain his habeas corpus petition.
• MacOmber v. Gladden
  304 F.2d 487· 9th Cir.· 1962-06-01 ·cited 8×
  The court held that the district court correctly dismissed the federal habeas corpus petition because the appellant had not yet exhausted his remedies under the Oregon Post-Conviction Hearing Act.
• Brown v. Kearney
  302 F.2d 22· 5th Cir.· 1962-05-02 ·cited 8×
  A federal prisoner serving consecutive sentences imposed by different courts does not commence serving the second sentence on the date of mandatory release from the first.
• Petition of William G. Thompson for a Writ of Habeas Corpus. William G. Thompson
  301 F.2d 659· 3d Cir.· 1962-04-10 ·cited 8×
  The court held that a federal district court may deny a state prisoner's habeas corpus petition on the merits even if state remedies have not been exhausted.
• McGUIRE v. Cochran
  135 So. 2d 226· Fla.· 1961-11-28 ·cited 8×·via Writ Of Habeas Corpus
  The Florida Supreme Court discharged a writ of habeas corpus, holding that the petitioner's claims of an illegal sentence should be raised through a direct appeal, not habeas corpus, as the time for appeal had not yet expired. The court emphasized that habeas corpus is not a subs
• Eckman v. Byington
  290 F.2d 1· 9th Cir.· 1961-04-26 ·cited 8×·via Writ Of Habeas Corpus
  The court held that the petitioner's appeal was not taken in good faith and denied leave to appeal in forma pauperis.
• United States ex rel. Joseph Michael Dentico v. Esperdy
  280 F.2d 71· 2d Cir.· 1960-06-24 ·cited 8×
  The court affirmed the district court's dismissal of the habeas corpus petition, finding the deportation hearing fair and the relator's claims without merit.