Writ Of Habeas Corpus Ad Subjiciendum

23 Florida cases classified under this topic · sorted by citation count · browse and sort

• Simmons v. United States
  253 F.2d 909· 8th Cir.· 1958-04-18 ·cited 46×
  A federal prisoner must exhaust remedies under 28 U.S.C.A. § 2255 in the sentencing court before seeking habeas corpus relief, even for issues of mental competency at the time of trial, unless a specific certification under 18 U.S.C.A. § 4245 has been filed.
• United States ex rel. Quinn v. Hunter
  162 F.2d 644· 7th Cir.· 1947-06-13 ·cited 38×
  The court held that the District Court lacked jurisdiction to entertain a motion to correct a sentence after the term of its entry and lacked jurisdiction in a habeas corpus proceeding where the alleged unlawful restraint was outside its territorial jurisdiction, even if the part
• United States v. Bailey
  585 F.2d 1087· D.C. Cir.· 1978-07-12 ·cited 32×
  The court held that the trial court erred by improperly instructing the jury on the definition of escape and by refusing to allow the jury to consider the defense of duress based on an erroneous application of a 'return requirement'.
• Hayman v. United States
  187 F.2d 456· 9th Cir.· 1950-10-27 ·cited 28×
  The court held that Section 2255 is void in its entirety, making it impossible to procure the appellant's presence for proceedings.
• Jones v. Cunningham
  294 F.2d 608· 4th Cir.· 1961-09-14 ·cited 16×
  The court held that a prisoner's parole after extended proceedings does not moot his appeal contesting a conviction obtained in violation of constitutional rights.
• Price v. Johnston
  159 F.2d 234· 9th Cir.· 1947-01-08 ·cited 14×
• Rory Wayne Powell v. Hon. John W. Watson, III
  565 So. 2d 845· Fla. 5th DCA· 1990-08-09 ·cited 8×
  Powell sought writs of habeas corpus and mandamus to compel a trial judge to rule on his Rule 3.850 motion for post-conviction relief. The appellate court denied the petition, finding no evidence of judicial inaction or unresponsiveness, and noting that prompt but not immediate r
• Itel Cap. Corp. v. Dennis Mining Supply & Equip., Inc.
  651 F.2d 405· 5th Cir.· 1981-07-24 ·cited 8×
  District courts have jurisdictional authority to issue writs of habeas corpus ad testificandum for prisoners incarcerated outside their territorial jurisdiction, and the district court did not abuse its discretion in denying the petition as untimely.
• Duncan v. State OF Me.
  295 F.2d 528· 1st Cir.· 1961-11-02 ·cited 8×
  A district court lacks jurisdiction to entertain a habeas corpus petition from a prisoner held outside its territorial jurisdiction, even if the prisoner was originally held within the district under a state court judgment and is now held by federal authorities under a contract.
• Carbo v. United States
  277 F.2d 433· 9th Cir.· 1960-03-23 ·cited 6×
  The court held that the district court had the power to issue a writ of habeas corpus ad prosequendum to bring a defendant from another district for trial, as it was necessary and appropriate in aid of its jurisdiction.
• Davis v. Smyth
  155 F.2d 3· 4th Cir.· 1946-04-08 ·cited 6×
  A federal court will not entertain a habeas corpus petition from a state prisoner claiming a federal constitutional violation until the prisoner has exhausted all available state court remedies, including seeking review in the U.S. Supreme Court.
• Taylor v. Egeler
  575 F.2d 773· 6th Cir.· 1978-05-23 ·cited 4×
  The court dismissed the appeal because the appellant escaped from custody, rendering the habeas corpus writ moot.
• Bandy v. United States Attorney Gen. and/or United States Marshal for the Dist. of N.D.
  408 F.2d 523· 8th Cir.· 1969-03-19 ·cited 4×
  A federal district court lacks jurisdiction to issue a writ of habeas corpus ad subjiciendum if the petitioner is not physically within that court's territorial jurisdiction, even if present under a writ of habeas corpus ad prosequendum.
• White v. Moore
  840 So. 2d 275· Fla. 1st DCA· 2003-01-23 ·cited 2×
  The court held that an order denying a petition for writ of habeas corpus ad testificandum is not a final order and is not appealable as such.
• Silvia v. State
  Fla.· 2026-08-12
  A defendant's valid waiver of postconviction proceedings in 2012 bars successive postconviction motions filed after a 2022 rule change requiring reappointment of counsel, except for claims limited to the execution process itself. Florida law does not recognize a statutory or cons
• Deters v. Collins
  985 F.2d 789· 5th Cir.· 1993-03-11
  The court held that the petitioner failed to exhaust his state remedies, and therefore, the federal court should not have reached the merits of his habeas corpus petition.
• Rivera v. Santirocco
  814 F.2d 859· 2d Cir.· 1987-03-23
  A federal district court has the power to direct the United States Marshals Service to take custody of a state prisoner and the Bureau of Prisons to house them during trial of the prisoner's civil rights action, using the All Writs Act to fill the statutory void after the prisone
• Patty v. Bordenkircher
  603 F.2d 587· 6th Cir.· 1979-08-16
  The court held that compelling a defendant to testify about prior convictions and denying the right to closing argument in a habitual criminal trial violate the Fifth and Sixth Amendments, respectively, and such violations are not subject to harmless error analysis.
• Kanewske v. Nitze
  383 F.2d 388· 9th Cir.· 1967-09-26
  The appeals are dismissed as moot because the appellant has completed his sentence, been released from custody, and discharged from service, rendering the habeas corpus petitions moot.
• Application of Audrey I. Cutting
  316 F.2d 516· 8th Cir.· 1963-04-26
  The court held that a petition for a writ of habeas corpus cannot be used as a general search warrant for a missing person, and the appeal from the denial of such a petition is legally frivolous.
• Dial v. United States
  295 F.2d 339· 7th Cir.· 1961-10-26
  The court held that the district court properly refused to entertain the habeas corpus petition because the petitioner failed to first seek relief under 28 U.S.C. § 2255 in the sentencing court.