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

• In the Interest of T. A. F. and E. M. F.
  252 So. 2d 255· Fla. 1st DCA· 1971-09-09
  Although the appeal was untimely filed based on the order's rendition date, the court treated it as a petition for writ of habeas corpus due to erroneous advice from the juvenile court, allowing for appellate review.
• Hyler v. U. S. Bd. OF Parole
  447 F.2d 957· 5th Cir.· 1971-08-30
• Colson v. Hoyt C. Cupp
  449 F.2d 730· 9th Cir.· 1971-08-27
  The court held that even if a jury instruction unconstitutionally shifted the burden of proof, the error was harmless given the overwhelming evidence of guilt.
• Pvt. Melvyn S. Hall v. Brigadier General Darrie Richards
  447 F.2d 98· 9th Cir.· 1971-08-13
  The court held that the Selective Service Board effectively reopened the appellee's classification, entitling him to a III-A deferment.
• Alesi v. Craven
  446 F.2d 742· 9th Cir.· 1971-07-21
  The district court's findings of constitutional violations were not clearly erroneous, and its grant of a writ of habeas corpus is affirmed.
• Shabarekh v. City OF Miami
  443 F.2d 992· 5th Cir.· 1971-06-15
  The appellate court held that the trial court erred in refusing to grant the City of Miami relief from a habeas corpus judgment without justification.
• Peterson v. Estelle
  446 F.2d 53· 9th Cir.· 1971-06-10
  The court held that a conflict of interest existed between jointly represented codefendants, denying one effective counsel.
• Azzaro v. Schneckloth
  443 F.2d 1· 9th Cir.· 1971-05-10 ·via Federal Habeas Corpus
  A petitioner seeking federal habeas relief based on a Fourth Amendment violation must demonstrate a possessory or proprietary interest in the place searched or the evidence seized to have standing.
• Salazar v. Sigler
  441 F.2d 834· 8th Cir.· 1971-04-16
  The court held that the defendant did not make an intelligent and knowing waiver of counsel during his guilty plea, as the trial court failed to conduct a sufficient inquiry.
• Hawkins v. Wainwright
  245 So. 2d 865· Fla.· 1971-03-24
  The court held that excluding a juror who stated he never believed in the death penalty and could not be a fair and impartial juror did not violate the petitioner's constitutional right to an impartial jury under Witherspoon.
• Grosso v. Resor
  439 F.2d 233· 2d Cir.· 1971-03-15 ·via Habeas Corpus Relief
  The court held that the petitioner was not unlawfully inducted and that his father's letter did not constitute a sufficient request for discharge under Army regulations.
• Lagge v. Estelle
  438 F.2d 524· 9th Cir.· 1971-02-11
  The court held that the denial of the petition for a writ of habeas corpus was not constitutional error, and any potential error was harmless.
• Fletcher R. Williams v. Dep't OF Corr.
  438 F.2d 78· 9th Cir.· 1971-02-11
  A state detainer remains valid even when state sentences are ordered to run concurrently with federal sentences, and the prisoner is transferred to federal custody.
• Rice v. The Honorable John F. Chafee
  437 F.2d 883· 9th Cir.· 1971-01-27
  The court held that the district court erred in denying the application for habeas corpus or mandamus without notice or a hearing, and without considering evidence presented to it.
• Cowling v. Warden Walter E. Craven & the People of the State of Cal.
  436 F.2d 419· 9th Cir.· 1971-01-26
  The court affirmed the district court's dismissal of the habeas corpus petition, finding it offered a better prospect for relief than the original appeal.
• Myrick v. Louie L. Wainwright
  243 So. 2d 179· Fla. 2d DCA· 1971-01-20
  Raymond Myrick sought habeas corpus relief alleging he was unconstitutionally deprived of his right to direct appellate review because his court-appointed counsel failed to appeal and the trial court failed to advise him of his appellate rights. The court denied the petition afte
• Carthel James Rushing v. State
  241 So. 2d 873· Fla. 3d DCA· 1970-12-22
• Fermin Calvo-Ahumada and Jane Catherine Calvo v. Rinaldi
  435 F.2d 544· 3d Cir.· 1970-12-16 ·via Habeas Corpus Review
  The court held that the deportation order was legally correct and affirmed the dismissal of the appeal and petition for review.
• Bradley v. Louie L. Wainwright
  241 So. 2d 423· Fla. 1st DCA· 1970-12-03 ·via Habeas Corpus Review
  Henry Cleveland Bradley, Jr. petitioned for habeas corpus review of his first-degree murder conviction, claiming he was not informed of his right to appeal. The Florida District Court of Appeal affirmed his conviction after appointing a commissioner to take testimony on whether B
• Loar v. United States
  434 F.2d 254· 8th Cir.· 1970-11-30
  The court held that the appellant's guilty plea was valid because the sentencing court was not required to personally explain the potential sentence under the Federal Youth Corrections Act at the time of the 1964 plea, and the McCarthy v. United States decision is not retroactive
• Wallace v. Vill. OF Manchester
  434 F.2d 241· 6th Cir.· 1970-11-18
  The court held that the appellant's claim that the justice of the peace was disqualified does not present an extraordinary circumstance justifying a collateral attack on the conviction.
• Buchannon v. Louie L. Wainwright
  239 So. 2d 608· Fla. 4th DCA· 1970-09-23 ·via Habeas Corpus Proceedings
• Roberts v. Cupp
  428 F.2d 825· 9th Cir.· 1970-08-12 ·via Federal Habeas Corpus
  The court held that the district court correctly dismissed the habeas corpus petition because the state's custody did not violate federal constitutional rights.
• Application of Raymond C. Nielson for a Writ of Habeas Corpus
  430 F.2d 1030· 8th Cir.· 1970-08-04 ·via Federal Habeas Corpus
  The court held that the petitioner had not exhausted his state remedies and had deliberately bypassed available state appellate review, thus precluding federal habeas corpus relief.
• Greenwood v. Starr
  240 So. 2d 513· Fla. 4th DCA· 1970-06-25
• Betts v. State
  237 So. 2d 191· Fla. 1st DCA· 1970-06-23
  A defendant whose timely notice of appeal was not filed due to lack of a filing fee, despite the trial court's appointment of a public defender within the appeal period, is entitled to proceed with his appeal under the doctrine that state action depriving a defendant of appellate
• Brown v. Lon Evans
  427 F.2d 1161· 5th Cir.· 1970-06-19
  The court held that it could not grant effective relief even if the original arrest and detention were invalid, thus affirming the denial of the habeas corpus petition.
• Bain v. United States
  428 F.2d 508· 6th Cir.· 1970-06-05 ·via Habeas Corpus Proceedings
  The appellate court affirmed the district court's denial of the motion to vacate the sentence, finding the guilty plea was entered voluntarily and intelligently, and that the defendant received effective assistance of counsel.
• Tillery v. State
  235 So. 2d 29· Fla. 2d DCA· 1970-05-08 ·via Habeas Corpus Review
  The court denied the State's motion to dismiss an appeal for alleged deficiencies in the notice of appeal, holding that procedural defects in the notice are not jurisdictional grounds for dismissal absent clear prejudice to the opposing party.
• United States ex rel. Henry L. Ford v. Pate
  425 F.2d 178· 7th Cir.· 1970-05-07
  The court held that the pretrial identification procedures were not so unnecessarily suggestive as to violate due process, and any hearsay testimony was harmless error.
• Denson v. State
  230 So. 2d 479· Fla. 4th DCA· 1970-01-23
  The court held that allegations of knowing use of perjured testimony and refusal to call a witness are legally insufficient to vacate a judgment under CrPR 1.850, and failure to file a direct appeal is also not grounds for such a motion.
• Henninger v. State
  230 So. 2d 149· Fla.· 1970-01-07
  John Henninger appealed his death sentence for first-degree murder, but failed to timely file a notice of appeal within 30 days as required. Although the Florida Supreme Court granted the State's motion to dismiss the appeal for lack of jurisdiction, the Court treated the pleadin
• United States ex rel. LeRoy Nash v. Reincke
  418 F.2d 1333· 2d Cir.· 1969-11-12 ·via Federal Habeas Corpus
  The court held that the appellant's arraignment was not a critical stage and he failed to show prejudice from the denial of counsel.
• Hegwood v. Swenson
  417 F.2d 310· 8th Cir.· 1969-10-30 ·via Federal Habeas Corpus
  The court held that the federal district court properly dismissed the habeas corpus petition without prejudice for failure to exhaust state remedies under the amended Missouri Rule 27.26.
• Louie L. Wainwright v. Parker
  226 So. 2d 876· Fla. 2d DCA· 1969-10-03 ·via Habeas Corpus Proceedings
  The Florida District Court of Appeal reversed a trial court's order requiring the State of Florida to post a $10,000 supersedeas bond in a habeas corpus appeal. The court held that circuit courts lack authority under Florida Appellate Rule 5.12 to require supersedeas bonds from t
• Weston v. Henderson
  415 F.2d 343· 6th Cir.· 1969-09-12
  A guilty plea entered without counsel violates the Sixth Amendment right to counsel, and the Gideon v. Wainwright decision applies retroactively.
• Lynch v. Field
  415 F.2d 776· 9th Cir.· 1969-09-05 ·via Federal Habeas Corpus
• Cranston Carr v. Simpson
  412 F.2d 838· 5th Cir.· 1969-06-05 ·via Federal Habeas Corpus
  A federal district court should not grant a writ of habeas corpus if state remedies are unexhausted, but may hold the application in abeyance.
• Walker v. Wheeler
  411 F.2d 468· 6th Cir.· 1969-05-27
  The court held that the district court erred in denying habeas corpus relief based on concurrent sentences, as a subsequent Supreme Court decision overruled the precedent relied upon.
• Miller v. J. E. "Bill" Decker
  411 F.2d 302· 5th Cir.· 1969-05-02
  A state may enact legislation permitting the extradition of a person not physically present in the demanding state at the time of the alleged offense, as federal constitutional and statutory provisions are not exclusive and do not impliedly prohibit such state action.
• Marchese v. United States
  411 F.2d 410· 9th Cir.· 1969-04-23
  The court held that the Supreme Court's decision in Katz v. United States should not be applied retroactively to the appellant's case.
• United States ex rel. Flossie Bullock v. Warden, Westfield State Farm FOR Women
  408 F.2d 1326· 2d Cir.· 1969-04-04 ·via Habeas Corpus Review
  The court held that a guilty plea induced by a defense attorney's erroneous sentence estimate, rather than a promise or coercion by the court, is not involuntary under the Due Process Clause.
• Blocker v. Kramek
  33 Fla. Supp. 1· Broward Cty. Cir. Ct.· 1969-03-31
  A Florida circuit court upheld a Maryland custody decree awarding custody of a four-year-old daughter to her father after the mother filed to modify the decree. The court found that the father was the more fit parent and that no change in circumstances justified disturbing the Ma
• LeMAY v. Henderson
  407 F.2d 494· 6th Cir.· 1969-03-05
  The court held that the district court's finding of no coercion was supported by substantial evidence and not clearly erroneous. Furthermore, errors in a collateral proceeding do not rise to constitutional proportions.
• Silver v. Dunbar
  407 F.2d 1182· 9th Cir.· 1969-01-31
  The appellate court affirmed the district court's denial of the habeas corpus petition, finding no abuse of discretion or error in the lower court's proceedings.
• Alred v. Henderson
  406 F.2d 743· 6th Cir.· 1969-01-28
  The court held that the guilty plea was voluntarily entered and affirmed the denial of the habeas corpus petition.
• Janovic v. Eyman
  406 F.2d 314· 9th Cir.· 1969-01-16
  The court held that the district court's findings were not erroneous and that the appellant was not deprived of his constitutional rights, affirming the denial of his petition for a writ of habeas corpus.
• Otten v. Hoyt C. Cupp
  405 F.2d 490· 9th Cir.· 1969-01-02 ·via Federal Habeas Corpus
  The court held that the jury instruction, while containing an imprecise statement about presumptions, did not rise to the level of constitutional error and thus did not deprive the appellant of a fair trial.
• Willian Richard Eagen v. Hale
  404 F.2d 350· 5th Cir.· 1968-12-18
  The court held that the district court did not err in denying the petition for a writ of habeas corpus.
• Turman v. Beto
  404 F.2d 872· 5th Cir.· 1968-12-16 ·via Federal Habeas Corpus
  The court affirmed the denial of habeas corpus on most grounds but remanded for further state court review on the issue of ineffective assistance of counsel.