Writ Of Habeas Corpus

3,651 Florida cases classified under this topic, plus 2,273 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• United States ex rel. Mark Frasier v. Casscles
  531 F.2d 645· 2d Cir.· 1976-02-18
  The court held that the denial of youthful offender treatment did not violate due process, as the state court had discretion and no full adversary hearing was constitutionally required.
• Smith v. Hogan
  525 F.2d 1198· 5th Cir.· 1976-01-15
  The court held that the petitioner's six-year sentence for bank robbery was properly enforced as consecutive to a prior one-year sentence, and concurrent only with any parole violation sentence.
• Moffit v. Collier
  43 Fla. Supp. 157· Okeechobee Cty. Cir. Ct.· 1976-01-13
  Circuit court granted habeas corpus petition and discharged petitioners, holding that the female breast is not a sexual organ under Florida's indecent exposure statute.
• Resendez v. Garrison
  528 F.2d 1310· 4th Cir.· 1975-12-03 ·via Federal Habeas Corpus
  A rational decision not to appeal, made to avoid the risk of a harsher sentence (like the death penalty) upon retrial, does not constitute a deliberate bypass of state remedies that would preclude federal habeas corpus review.
• Kennedy v. Sandstrom
  43 Fla. Supp. 68· Dade Cty. Cir. Ct.· 1975-10-03 ·via Habeas Corpus Relief
  In a habeas corpus proceeding, the court found that Kennedy's two reckless driving convictions arising from a single episode violated double jeopardy protections, and that assessing court costs against an indigent defendant violated Florida law. The court vacated one reckless dri
• Dewitt Addison v. Louie L. Wainwright
  316 So. 2d 603· Fla. 1st DCA· 1975-08-18
  Dewitt Addison petitioned for habeas corpus seeking a belated appeal of his 1962 first-degree murder conviction and life sentence, arguing he was not properly advised of his right to appeal. The Florida appellate court denied the petition, holding that the right to belated appeal
• Braden v. Capps
  517 F.2d 221· 5th Cir.· 1975-08-08
  The court held that a prisoner cannot claim denial of speedy trial for delays caused by his own actions in seeking to prevent or delay trial.
• Ghiz v. Bordenkircher
  519 F.2d 759· 4th Cir.· 1975-07-17 ·via Federal Habeas Corpus
  The Court of Appeals held that despite potentially suggestive pretrial identification procedures, the victim's identification of the defendant was reliable under the totality of the circumstances and therefore did not violate due process.
• Gazil v. Heidtman
  309 So. 2d 574· Fla. 4th DCA· 1975-03-14
  Joseph Gazil petitioned for a writ of habeas corpus challenging a contempt order from the Palm Beach County Circuit Court, claiming he was unlawfully detained for failing to comply with a support payment order. The Florida District Court of Appeal denied the petition, holding tha
• Sheptin v. State
  308 So. 2d 557· Fla. 3d DCA· 1975-02-25
• Brown v. Louie L. Wainwright
  303 So. 2d 689· Fla. 2d DCA· 1974-11-27
  The court held that the writ of habeas corpus was improvidently issued because the parole revocation hearing predated the Supreme Court's decision in Gagnon v. Scarpelli, which was given only prospective application.
• Conrad v. Schlesinger
  507 F.2d 867· 9th Cir.· 1974-11-25
  The court affirmed the district court's decision, holding that a wrongful denial of a conscientious objector application does not excuse a service member from punishment for military offenses.
• Faught v. Cowan
  507 F.2d 273· 6th Cir.· 1974-11-25 ·via Habeas Corpus Proceedings
  The court held that the district court's finding that the petitioner was advised of his right to appeal was not clearly erroneous, and thus affirmed the dismissal of the habeas corpus petition.
• Whited v. Wolff
  506 F.2d 1239· 8th Cir.· 1974-11-22 ·via Habeas Corpus Relief
  The court held that the appellant's claims of due process deprivation were without merit, affirming the dismissal of his habeas corpus petition.
• State ex rel. Richard Harris, Jr. v. Honorable James A. McCAULEY
  297 So. 2d 825· Fla.· 1974-07-17
  The Florida Supreme Court held that an acting state attorney appointed by a circuit judge under Section 27.16 may sign felony informations even if the appointee does not meet the constitutional qualifications required for a regularly elected state attorney. The Court distinguishe
• Lockwood v. Florida Division OF Corrections
  299 So. 2d 622· Fla. 1st DCA· 1974-06-13
  Lockwood petitioned for habeas corpus alleging he was denied a speedy trial after filing a demand under Florida rule 3.190. The court found that Lockwood never actually filed a written demand for speedy trial, had competent counsel negotiating favorable plea deals, and was now at
• Carey M. Horowitz v. Henderson
  492 F.2d 1165· 5th Cir.· 1974-04-19
  The court held that the district court's opinion was unclear regarding whether the petitioner received ineffective assistance of counsel at the pleading stage or sentencing stage.
• McDOLE v. Louie L. Wainwright
  293 So. 2d 35· Fla.· 1974-04-10
  The court held that the trial judge did not err in denying a sentencing mitigation hearing, as the judge had discretion and the circumstances did not warrant it.
• Ozie Washington v. Cardwell
  491 F.2d 1259· 9th Cir.· 1974-02-26
  The district court's denial of the writ of habeas corpus is affirmed because the factual determination was supported by substantial evidence.
• Tillery v. Weitzenfeld
  490 F.2d 179· 5th Cir.· 1974-02-20
  The court held that the district court's denial of habeas corpus relief was premature due to an incomplete record and insufficient consideration of state remedies.
• Blackstock v. Sandstrom
  40 Fla. Supp. 131· Dade Cty. Cir. Ct.· 1974-02-06 ·via Habeas Corpus Relief
  In this habeas corpus case, a Dade County Circuit Court granted relief to an indigent petitioner who was incarcerated without counsel, proper hearing, or inquiry into his ability to pay fines and court costs imposed for traffic violations. The court found the commitment orders vi
• Chavis v. Louie L. Wainwright
  488 F.2d 1077· 5th Cir.· 1973-12-18
  The court held that the inventory of the defendant's clothing by a police officer was a lawful safekeeping measure, not an illegal search, and therefore the heroin found was admissible.
• Mays v. State
  285 So. 2d 637· Fla. 4th DCA· 1973-11-23
  The trial court correctly denied the motion to vacate judgment and sentence under Rule 3.850 because that rule is not the proper vehicle for seeking belated appellate review.
• Collier v. Wingo
  477 F.2d 972· 6th Cir.· 1973-05-15 ·via Habeas Corpus Relief
  The court held that a federal court must provide an evidentiary hearing if the state court did not reliably find relevant facts.
• Lieutenant (JG) Daniel S. Isbit v. Secretary OF Defense
  476 F.2d 661· 5th Cir.· 1973-04-18 ·via Habeas Corpus Review
  The court held that the district court erred by considering evidence outside the administrative record when reviewing the denial of a conscientious objector discharge.
• Washburn v. Estelle
  476 F.2d 278· 5th Cir.· 1973-04-12 ·via Habeas Corpus Proceedings
  The court held that the appellant's claims of jury exposure to inadmissible evidence and illegal search were not federally reversible errors, lacking record support.
• Breckenridge v. Governor Preston Smith
  476 F.2d 288· 5th Cir.· 1973-04-03
• Esherick v. Perini
  475 F.2d 577· 6th Cir.· 1973-03-22
  The court held that the appellant failed to exhaust his state remedies regarding his claim of ineffective assistance of counsel.
• Roberts v. State of Fla. & Duval Cnty.
  272 So. 2d 558· Fla. 1st DCA· 1973-02-01
  Donald James Roberts, incarcerated in a federal prison in Texas, petitioned for a writ of habeas corpus, claiming that detainers filed by Florida thwarted his parole opportunity because of pending criminal charges for uttering a worthless check and auto theft. The court denied th
• State of Fla. ex rel. Fred Jefferson v. Purdy
  271 So. 2d 117· Fla.· 1972-12-20
  An inmate filed for habeas corpus relief claiming his right to a belated appeal was denied when the district court dismissed his appeal for failure to file a brief and record, due to the loss of the trial transcript by county authorities. The Florida Supreme Court dismissed the p
• Sumlin v. Nelson
  471 F.2d 295· 9th Cir.· 1972-11-28 ·via Habeas Corpus Relief
  The court held that the appellant's guilty plea was valid, as incorrect legal advice was not a determinative factor in the plea bargain.
• Haynes v. State
  269 So. 2d 14· Fla. 1st DCA· 1972-11-21
  Charles Haynes sought a writ of habeas corpus challenging delays in obtaining trial transcripts for his criminal appeal, arguing the delay effectively thwarted his right to appellate review. The court found the habeas petition moot after the transcript was filed, but directed the
• Perkins v. Craven
  469 F.2d 659· 9th Cir.· 1972-11-15
  The court held that the California Adult Authority had the right to refix the appellant's sentence at maximum after parole suspension because the original sentence had not yet expired.
• Jenkins v. Wingo
  471 F.2d 292· 6th Cir.· 1972-11-15
  The court held that the district judge's finding of a voluntary guilty plea was appropriate based on the state trial court record.
• Sanders v. Weldon COX
  472 F.2d 1227· 6th Cir.· 1972-11-15 ·via Habeas Corpus Relief
  The court held that the petitioner's claims were properly dismissed for failure to exhaust state remedies, except for the involuntary statement issue, which was also denied.
• Turner v. Genung
  268 So. 2d 394· Fla. 2d DCA· 1972-10-04
  The court granted the appellant's petition for a writ of habeas corpus concerning bail pending appeal, setting bail and directing release.
• Bentley v. Jones
  467 F.2d 906· 5th Cir.· 1972-09-27 ·via Federal Habeas Corpus
  The court held that the district court properly ruled that the petitioner failed to exhaust state remedies before seeking federal habeas corpus relief.
• United States ex rel. Joseph Calabro v. United States Marshal FOR the E. Dist. OF NEW York
  466 F.2d 1350· 2d Cir.· 1972-08-23
  The court held that a petition for habeas corpus was properly denied when a direct appeal was pending and the petitioner had not yet been sentenced.
• Kemp v. Honorable Judge Marcellus K. Snow & State of Utah
  464 F.2d 579· 10th Cir.· 1972-08-01
  The court held that a defendant is provided with sufficient information to intelligently accept or reject a plea bargain if they are aware of the maximum possible sentence, even if unaware of administrative particularities of sentencing.
• United States ex rel. Charles Burke v. State OF Ill.
  465 F.2d 268· 7th Cir.· 1972-07-28
  The court held that the photographic identification and the victim's extended interaction with the officer provided a sufficient independent basis for the in-court identification, thus the denial of the habeas corpus petition was proper.
• United States ex rel. Betty Burton v. Coughlin
  463 F.2d 530· 7th Cir.· 1972-06-15
  The court held that the Illinois Juvenile Court Act provides an adequate substitute for bail, making release upon recognizance inapplicable to proceedings under the Act.
• Williams v. Folsom
  261 So. 2d 516· Fla. 1st DCA· 1972-05-09
• Robb v. The United States
  456 F.2d 768· Ct. Cl.· 1972-03-17 ·via Habeas Corpus Review
• Thompson v. Louie L. Wainwright
  453 F.2d 751· 5th Cir.· 1972-01-11 ·via Habeas Corpus Proceedings
• United States ex rel. Patrick J. Huffman v. The Commonwealth Court of Dauphin Cnty.
  453 F.2d 1254· 3d Cir.· 1972-01-03 ·via Federal Habeas Corpus
  The court held that the petitioner had not exhausted his state remedies and therefore could not bring a federal habeas corpus petition.
• Chapman v. Cardwell
  452 F.2d 1209· 6th Cir.· 1971-12-28
  The appellate court held that the District Court's factual findings regarding the voluntariness of the guilty plea were supported by substantial evidence and not clearly erroneous.
• Robinson v. Louie L. Wainwright
  265 So. 2d 553· Fla. 2d DCA· 1971-12-16
  Dennis Robinson petitioned for a writ of habeas corpus alleging illegal incarceration, claiming he was never informed of his right to appeal. The Florida Supreme Court found a prima facie case for relief and transferred the matter to this appellate court, which appointed a circui
• Tucker v. Beto
  451 F.2d 567· 5th Cir.· 1971-12-02 ·via Habeas Corpus Relief
  The court held that a state prisoner's petition for habeas corpus relief based on ineffective counsel and a coerced guilty plea must be denied when the prisoner fails to refute conflicting evidence regarding his alleged alibi.
• Taylor v. State OF Minn.
  450 F.2d 1110· 8th Cir.· 1971-11-16 ·via Federal Habeas Corpus
  The court held that a petitioner who raised federal constitutional claims on direct appeal, which were reviewed and rejected by the state's highest court, has exhausted state remedies for federal habeas corpus purposes.
• Webster v. Roesel
  253 So. 2d 491· Fla. 2d DCA· 1971-10-14