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

• Breamfield v. State
  215 So. 2d 731· Fla.· 1968-11-20
  The Florida Supreme Court discharged a writ of habeas corpus, finding that the petitioner was attempting to re-litigate a previously denied challenge to a 1954 conviction and sentence. The court noted that the petitioner was currently serving a different, longer sentence and that
• Vasco Carrier v. Beto
  402 F.2d 294· 5th Cir.· 1968-10-23
  The court held that the appellant's federally protected rights were not denied in the state proceedings or the federal district court.
• Ostrowski v. Burke
  402 F.2d 377· 7th Cir.· 1968-10-18
  The court held that the district court correctly denied the writ of habeas corpus because the petitioner's claims regarding the arrest warrant, statutory penalty, and double punishment were without merit.
• United States ex rel. Kobert Davis v. Maroney
  400 F.2d 85· 3d Cir.· 1968-09-09
  The judgment of the district court denying the writ of habeas corpus is affirmed because the petitioner has not exhausted his state remedies.
• Eldridge v. Crouse
  400 F.2d 94· 10th Cir.· 1968-08-23 ·via Federal Habeas Corpus
  The court held that the appellant must exhaust state post-conviction remedies before pursuing federal habeas corpus relief.
• Porter v. State
  212 So. 2d 828· Fla. 1st DCA· 1968-07-23
  Porter sought habeas corpus relief arguing that time served on parole should count toward his 20-year sentence. The Florida District Court of Appeal affirmed that under Florida law, parole time cannot be credited toward a criminal sentence, rejecting Porter's argument that federa
• Anders v. Eyman
  388 F.2d 550· 9th Cir.· 1968-01-05 ·via Habeas Corpus Relief
  The court held that federal habeas corpus relief is not available when state prisoners have not first attempted to seek post-conviction relief in state courts.
• United States ex rel. Charles R. FOX v. Maroney
  385 F.2d 839· 3d Cir.· 1967-11-08
  The court held that while the district court erred in admitting a state judge's letter after the hearing, the petitioner's claims were ultimately without merit upon independent review.
• Rocke Durham v. Lenox Williams
  202 So. 2d 856· Fla. 1st DCA· 1967-10-05
  This case involves a juvenile detained without lawful authority due to the Juvenile Court's failure to comply with statutory hearing requirements. The appellate court granted a writ of habeas corpus, vacating the commitment order and ordering the juvenile's release.
• Ward v. State
  202 So. 2d 845· Fla.· 1967-10-04
  The Florida Supreme Court discharged a writ of habeas corpus, denying a prisoner's request for release. The court found that the prisoner's attorney was properly notified of the denial of a motion to vacate sentence, and the prisoner himself was aware of the appeal period, yet no
• Kanewske v. Nitze
  383 F.2d 388· 9th Cir.· 1967-09-26 ·via Writ Of Habeas Corpus Ad Subjiciendum
  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.
• Honorable George E. Leppig v. Green
  201 So. 2d 803· Fla. 3d DCA· 1967-08-15
  The Florida District Court of Appeal affirmed a circuit court's decision to discharge a petitioner from custody via habeas corpus. The circuit court had found that the informations charging the petitioner with offenses were void for failing to charge any crime under Florida law.
• Jarvis v. United States
  381 F.2d 712· 9th Cir.· 1967-08-08 ·via Habeas Corpus Relief
  The court held that the defendant voluntarily waived his right to appeal, and therefore, claims of trial error are not grounds for relief under 28 U.S.C. § 2255.
• Beauchamp v. State
  201 So. 2d 582· Fla. 1st DCA· 1967-08-01
  The appellate court dismissed a motion to vacate judgment and sentence filed directly with it for lack of jurisdiction and denied a habeas corpus petition, affirming the lower court's judgment. The court found no reversible error in the appeal.
• Isidoro Cotto Rolon v. State
  201 So. 2d 541· Fla.· 1967-07-26
  The Florida Supreme Court addressed whether Criminal Procedure Rule I appeals must be filed within 60 or 90 days. The Court held that appeals from orders denying Rule I relief filed after June 29, 1965 must be brought within 60 days, establishing a prospective rule change that ap
• Walls v. State
  199 So. 2d 724· Fla.· 1967-05-31
  Richard Walls petitioned for habeas corpus challenging his 1961 guilty plea conviction for breaking and entering and petit larceny. The Florida Supreme Court vacated his conviction, finding that he was denied his constitutional right to counsel without a knowing and intelligent w
• Weber v. Rivers
  376 F.2d 604· 4th Cir.· 1967-04-07 ·via Habeas Corpus Proceedings
  The court held that the District Court for the Eastern District of Virginia lacked personal jurisdiction over the District of Columbia Parole Board and should have transferred the cases to the District of Columbia Circuit.
• Anaya v. Rodriguez
  372 F.2d 683· 10th Cir.· 1967-02-13
  The court held that a guilty plea entered by an attorney with the defendant's knowledge and consent, even without direct inquiry to the defendant, does not violate due process.
• Fitzpatrick v. Patterson
  373 F.2d 24· 10th Cir.· 1967-02-08 ·via Federal Habeas Corpus
  The court held that the case should be remanded to the trial court to consider constitutional objections that may have been presented to the state court but not reflected in its opinion.
• Nolen v. Wilson
  372 F.2d 15· 9th Cir.· 1967-02-01 ·via Federal Habeas Corpus
  The court held that the appellant's state court conviction did not violate his constitutional right to due process, despite claims of trial errors.
• United States ex rel. Edward Suarez v. Hon. Harold W. Follette (successor to Hon. Edward M. Fay)
  371 F.2d 426· 2d Cir.· 1967-01-10
  The court held that evidence obtained was not the result of illegal police conduct, even if some actions were questionable.
• Sartain v. Pitchess
  368 F.2d 806· 9th Cir.· 1966-11-10
  A California parole agent has the authority to place a 'hold' on a parolee who is already in custody, as this is a preliminary measure pending investigation or prosecution.
• Donaldson v. Beto
  367 F.2d 158· 5th Cir.· 1966-10-12 ·via Federal Habeas Corpus
  The failure to inform a defendant of their right to counsel and to subpoena witnesses at an examining trial does not vitiate a conviction based on a subsequent guilty plea entered with counsel.
• Jagiello v. State
  190 So. 2d 18· Fla. 1st DCA· 1966-09-01
  The appellate court affirmed the denial of a habeas corpus petition, clarifying that habeas corpus is not a substitute for an appeal from a denial of a Rule 1 motion, and that a prior denial of such a motion would preclude further relief via habeas corpus.
• State of Fla. ex rel. Peter J. Latino v. Buchanan
  189 So. 2d 529· Fla. 3d DCA· 1966-08-02
  The court held that a petitioner in a habeas corpus proceeding for extradition can be called as an adverse witness by the opposing counsel.
• Bevins v. Klinger
  365 F.2d 752· 9th Cir.· 1966-07-22 ·via Habeas Corpus Proceedings
  A defendant waives the right to challenge the nature of prior convictions for habitual criminal status by admitting them, unless the objection is raised at trial.
• Hayes v. Peyton
  364 F.2d 303· 4th Cir.· 1966-07-21 ·via Federal Habeas Corpus
  A defective indictment for murder, which sufficiently informed the accused of the nature of the charge and did not mislead him, is not grounds for federal habeas corpus relief.
• Wall v. State
  189 So. 2d 365· Fla.· 1966-07-08
  The Florida Supreme Court dismissed an appeal from a decision affirming the denial of post-conviction relief, finding the court lacked jurisdiction. The court also denied a separate petition for a writ of habeas corpus.
• Cardillo v. Olin G. Blackwell
  365 F.2d 301· 3d Cir.· 1966-07-06
  The court held that the district court did not err in dismissing the petition for a writ of habeas corpus.
• Application of John Thomas Glazewski for a Writ of Habeas Corpus. John Thomas Glazewski
  361 F.2d 971· 3d Cir.· 1966-06-09
  The District Court did not err in denying the petition for a writ of habeas corpus.
• Mink v. Kropp
  361 F.2d 323· 6th Cir.· 1966-05-17
  The appellate court affirmed the district court's denial of the writ of habeas corpus, finding the district court's assessment of evidence was supported.
• Carter v. State OF NEW Mexico
  358 F.2d 710· 10th Cir.· 1966-03-25
  The court held that technical objections regarding the incorporation of the penitentiary do not raise federal constitutional issues entitling prisoners to federal habeas corpus relief.
• Neal v. State
  183 So. 2d 543· Fla.· 1966-02-23
  Petitioner sought a writ of habeas corpus, claiming a prior Florida conviction for forgery was obtained without counsel and was now extending his New Jersey imprisonment. The Florida Supreme Court found the petition without merit because the petitioner had already served his Flor
• Elester S. Roberts v. State
  188 So. 2d 302· Fla.· 1966-02-23
  The court held that the petition for a writ of habeas corpus was without merit because no judicial confession was made or introduced against the petitioner, and he was not denied due process or counsel.
• Finton v. Ward Lane
  356 F.2d 850· 7th Cir.· 1966-02-14
  The court held that the petitioner was not denied a speedy trial because the delay was not purposeful, oppressive, or vexatious, and did not prejudice his defense.
• Falagan v. State
  182 So. 2d 61· Fla. 1st DCA· 1966-01-25
  Morris Morgan Falagan, an indigent defendant, appealed an order denying his motion for discharge under Florida Criminal Procedure Rule 1, filing petitions for mandamus and habeas corpus. The court affirmed the lower court's order, holding that Rule 1 proceedings do not entitle an
• Sebring v. Beto
  354 F.2d 1000· 5th Cir.· 1966-01-11
  The court held that the petitioner received effective assistance of counsel and was not denied his right to confrontation.
• In re Internal Gov't of the Dist. Court of Appeal
  181 So. 2d 363· Fla. 4th DCA· 1966-01-11 ·via Habeas Corpus Proceedings
  The Fourth District Court of Appeal of Florida adopted a rule allowing the Clerk to file and docket notices of appeal from orders on motions for relief under Criminal Procedure Rule No. 1 without requiring any fees or costs, similar to habeas corpus proceedings. This rule applies
• United States ex rel. Robert G. Antczak v. Superintendent, Downey Veterans Admin. Hosp., N. Chicago, Ill.
  354 F.2d 635· 7th Cir.· 1965-12-29
  The court held that a federal court lacks jurisdiction to issue a writ of habeas corpus when state remedies for challenging a commitment have not been exhausted, even if the person is held in a federal facility.
• Dykes v. State
  180 So. 2d 651· Fla.· 1965-12-08
  The Florida Supreme Court denied a habeas corpus petition from a prisoner challenging his conviction, but without prejudice to refile based on a subsequent ruling. The prisoner claimed he did not knowingly waive his right to counsel.
• Hollis v. Beto
  352 F.2d 550· 5th Cir.· 1965-11-16
  The court held that the district court did not err in denying the writ of habeas corpus as all of appellant's contentions were without merit.
• United States ex rel. John J. Bower v. Banmiller
  353 F.2d 85· 3d Cir.· 1965-11-12 ·via Federal Habeas Corpus
  The court held that the relator had not exhausted his state remedies regarding the issues raised on appeal.
• Nelson v. Sandritter
  351 F.2d 284· 9th Cir.· 1965-09-28
  The court held that the petitioner's federal constitutional rights were not violated by the initial commitment or the denial of prior habeas corpus petitions, and that he had not exhausted state remedies.
• Elwood Duncan Taylor v. Louie L. Wainwright
  178 So. 2d 105· Fla.· 1965-07-14
  Taylor petitioned for habeas corpus seeking credit for time served under void sentences toward his current sentences for unrelated offenses. The Florida Supreme Court held that time served on void sentences cannot be credited toward sentences for unrelated offenses, relying on pr
• Land v. State
  176 So. 2d 902· Fla.· 1965-06-23
  The court held that the petitioner was represented by counsel and his petition for a writ of habeas corpus was without merit.
• Henry v. Henry
  25 Fla. Supp. 70· Dade Cty. Cir. Ct.· 1965-06-10
  A Florida circuit court awarded permanent custody of a 4½-year-old boy to his father, Donald Holt Henry, after finding the mother, Gloria Gliekman, unfit due to her unstable lifestyle, lack of sustained interest in the child, and emotional instability. The court found the child h
• Coffee v. Louie L. Wainwright
  172 So. 2d 851· Fla. 1st DCA· 1965-03-23 ·via Habeas Corpus Proceedings
  The Florida District Court of Appeal rejected an indigent death row inmate's request for appointed counsel in a habeas corpus proceeding, holding that such collateral attacks on criminal convictions are civil in nature and thus do not trigger Sixth Amendment right-to-counsel guar
• Bell v. Anderson
  345 F.2d 99· D.C. Cir.· 1965-03-18
  The court held that the appellant's petition for writ of habeas corpus, alleging denial of a speedy trial, was properly dismissed.
• State v. Carson
  24 Fla. Supp. 173· Duval Cty. Cir. Ct.· 1965-03-10
  A mother was committed to jail for contempt of court by a juvenile judge for failing to notify authorities of her son's whereabouts, despite a prior verbal order to do so. The circuit court granted her habeas corpus petition, holding that the contempt was indirect rather than dir
• State v. Buchanan
  24 Fla. Supp. 200· Dade Cty. Cir. Ct.· 1965-03-08
  The court held that the extradition papers were in order and the petitioner was subject to rendition, denying the writ of habeas corpus.