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

• Hodge v. Markley
  339 F.2d 1013· 7th Cir.· 1964-12-30
  The court held that it had the power to issue a writ of habeas corpus as an incident to a pending appeal, but denied the petition.
• Cuddy v. United States
  339 F.2d 172· 9th Cir.· 1964-12-08
  A prisoner cannot complain about receiving credit for time served on a state sentence when the federal sentence was intended to run concurrently. A habeas petition is properly dismissed if the warden is not joined as a party.
• State of Fla. ex rel. Norman Saunders v. Boyer
  166 So. 2d 694· Fla. 2d DCA· 1964-07-10
  A sentence of hard labor for criminal contempt is unauthorized by law and void, and can be challenged via habeas corpus.
• DYE v. Maxwell
  334 F.2d 237· 6th Cir.· 1964-06-05
  The court held that the District Court's dismissal of the habeas corpus petition should be affirmed.
• Turner v. Wainwright
  164 So. 2d 269· Fla. 2d DCA· 1964-05-22
  Theodore Turner sought habeas corpus relief and attempted to enforce a court mandate that had allowed him to file an amended motion for relief in his criminal conviction. The trial court denied his amended motion as a successive motion, and Turner sought habeas relief. The appell
• United States ex rel. Willie Toler v. Pate
  332 F.2d 425· 7th Cir.· 1964-05-06
  The court held that the petitioner's conviction was not a violation of due process, as the evidence supported the trial court's finding that he was not entrapped.
• State of Fla. ex rel. Dan Wilkins & Tommy Lee Williams v. Dewitt Sinclair
  162 So. 2d 661· Fla.· 1964-04-08
  The court held that the petition for writ of habeas corpus was premature because a new rule provided an adequate remedy for collateral attack.
• Montford v. Louie L. Wainwright
  162 So. 2d 663· Fla.· 1964-04-08
  Morris Montford sought habeas corpus relief arguing he deserved credit for time served under a void 15-year sentence toward a subsequent 12-year sentence. The Florida Supreme Court denied relief, holding that time served under sentences for unrelated offenses cannot be credited a
• Shorten v. Markley
  330 F.2d 102· 7th Cir.· 1964-04-08
  The court held that an unexecuted search warrant issued under a statute is not voided by a subsequent amendment to that statute increasing the penalty.
• United States ex rel. John W. Holland v. Murphy
  326 F.2d 191· 2d Cir.· 1963-12-18
  The court vacated one denial of habeas corpus and remanded for further proceedings, while denying other applications.
• Child v. Louie L. Wainwright
  159 So. 2d 226· Fla.· 1963-12-18
  Francis Child petitioned for a writ of habeas corpus challenging his conviction after a plea of nolo contendere to theft-related charges, claiming insanity and inadequate representation. The Florida Supreme Court, after appointing a commissioner to take evidence, found no basis f
• William Banks v. Olin G. Blackwell
  324 F.2d 812· 9th Cir.· 1963-11-22
  The court held that a petition for a writ of habeas corpus was not the proper avenue for relief when the alleged constitutional violation occurred in appellate proceedings, as such claims must first be presented to the sentencing court under 28 U.S.C.A. § 2255.
• Clark Sumner Cummings v. Bennett
  324 F.2d 1· 8th Cir.· 1963-11-07
  The court held that the petitioner's claim of double jeopardy was without merit because the state court's amendment to the commitment order merely changed the place of confinement, not the substance of the punishment.
• United States ex rel. Ora Lee Rogers v. The Honorable James H. Davis
  323 F.2d 653· 5th Cir.· 1963-10-25 ·via Federal Habeas Corpus
  A federal court need not require a state prisoner to repetitiously seek relief from state courts if the same federal constitutional issues have already been decided against him.
• Bagley v. Wash. State Bd. of Prison Terms & Paroles
  323 F.2d 510· 9th Cir.· 1963-10-09
  The court held that the information sufficiently charged grand larceny and that the appellant intelligently waived his right to counsel.
• In re Internal Gov't of the Dist. Court of Appeal
  156 So. 2d 896· Fla. 1st DCA· 1963-10-03 ·via Habeas Corpus Proceedings
  This case concerns a rule adopted by the Florida District Court of Appeal, First District, to waive filing fees for notices of appeal from orders on motions for relief under Criminal Procedure Rule No. 1. The court established this rule under its inherent power to govern its inte
• United States ex rel. Joseph Rinaldi v. State OF NEW Jersey
  321 F.2d 885· 3d Cir.· 1963-08-26
  The court held that a writ of habeas corpus cannot be used to challenge the legality of a sentence that a prisoner may be required to serve at some future time.
• Weston v. The Judges OF the United States Dist. Court FOR the Dist. OF Minn.
  321 F.2d 278· 8th Cir.· 1963-08-23
  The court held that a federal prisoner seeking to challenge his conviction or sentence must do so via a motion to vacate under 28 U.S.C.A. § 2255, not a habeas corpus petition.
• In re Internal Gov't of the Dist. Court of Appeal
  156 So. 2d 655· Fla. 2d DCA· 1963-08-12 ·via Habeas Corpus Proceedings
  The Florida District Court of Appeal adopted a rule waiving filing fees for notices of appeal from orders on motions for relief under Criminal Procedure Rule No. 1, regardless of the appellant's financial status. This rule aims to facilitate access to appellate review for indigen
• United States ex rel. Robert Morton v. Honorable James McDONALD
  321 F.2d 540· 2d Cir.· 1963-07-29
  The court held that a claim challenging the validity of a conviction in another state cannot be raised in the asylum state via habeas corpus.
• United States ex rel. James Morrison v. LaVALLEE
  319 F.2d 37· 2d Cir.· 1963-06-19
  The court held that the relator's application for a writ of habeas corpus was properly denied without a hearing because the trial record contradicted his allegations of coerced confessions.
• Vito Palma v. Immigr. & Naturalization Serv.
  318 F.2d 645· 6th Cir.· 1963-06-15
  The court held that a 1937 deportation order, which was executed and not challenged for 25 years, is not subject to collateral attack in subsequent proceedings, even if procedural irregularities are alleged. The court also affirmed the denial of a writ of habeas corpus.
• Application of Audrey I. Cutting
  316 F.2d 516· 8th Cir.· 1963-04-26 ·via Writ Of Habeas Corpus Ad Subjiciendum
  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.
• Charles v. Cochran
  152 So. 2d 472· Fla.· 1963-04-24
  Ernest Clyde Charles petitioned for habeas corpus, challenging his conviction for murdering his wife on the ground that he was insane at the time of the killing and at sentencing. The Florida Supreme Court upheld the Commissioner's finding that Charles was sane at both times and
• Mason v. Dunbar
  317 F.2d 358· 9th Cir.· 1963-02-13
  The court held that a federal court is bound by a state's interpretation of its own laws, and that no substantial federal question was presented.
• Harrington v. Louie L. Wainwright
  148 So. 2d 260· Fla.· 1963-01-04
  Harrington seeks habeas corpus relief from two consecutive sentences for issuing worthless checks. The Florida Supreme Court held that while his first sentence was valid, the second sentence was void because the court lacked jurisdiction to try him for a misdemeanor, entitling hi
• State of Fla. ex rel. Arthur Burton v. Taylor
  148 So. 2d 11· Fla.· 1962-11-07
  The court held that a habeas corpus writ cannot be used to challenge an information that is merely defectively or inartfully drawn, as long as it sufficiently informs the defendant of the charges.
• Tyndall v. Cochran
  144 So. 2d 812· Fla.· 1962-09-21
  The Florida Supreme Court discharged a writ of habeas corpus, finding that the petitioner's claims were not supported by the facts presented. The case was referred to a circuit court judge for factual findings, which ultimately led to the denial of the petition.
• United States ex rel. Isidore Kaganovitch v. Wilkins
  305 F.2d 715· 2d Cir.· 1962-07-10 ·via Federal Habeas Corpus
  The court held that the petitioner failed to exhaust state remedies by not seeking certiorari, and his claims were without merit.
• Bolling v. Cunningham
  303 F.2d 639· 4th Cir.· 1962-06-05
  The court held that the finding that the petitioner was not advised of his right to counsel prior to his 1938 conviction was not clearly erroneous, and thus the writ of habeas corpus should issue.
• Rosania v. The State of N.J.
  299 F.2d 101· 3d Cir.· 1962-02-20
  The court held that the prior ruling did not establish fundamental unfairness vitiating the entire trial, and thus the petition for habeas corpus was properly denied.
• The State of Fla. ex rel. Khudourie Chaachou v. Kelly
  137 So. 2d 249· Fla. 3d DCA· 1962-02-05 ·via Habeas Corpus Review
• Watkins v. Blackburn
  137 So. 2d 217· Fla.· 1962-01-31
  Habeas corpus is not the proper vehicle to raise claims of variance between an information and proof or whether the statute of limitations has run.
• McAFEE v. Cochran
  136 So. 2d 642· Fla.· 1962-01-17
  Roland McAfee petitioned for habeas corpus after being convicted and sentenced to twenty years for breaking and entering with felonious intent while a minor. The Florida Supreme Court found that the State failed to comply with statutory requirements to notify his parents or guard
• Dial v. United States
  295 F.2d 339· 7th Cir.· 1961-10-26 ·via Writ Of Habeas Corpus Ad Subjiciendum
  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.
• Chester Banks v. Madigan
  295 F.2d 651· 9th Cir.· 1961-10-24 ·via Habeas Corpus Relief
  The court held that the written judgment, as modified and approved by the judge, accurately reflected the intended sentence, even if there was initial ambiguity in the oral pronouncement.
• Holly v. Smyth
  294 F.2d 396· 4th Cir.· 1961-09-14 ·via Federal Habeas Corpus
  The court held that the prisoner's claim regarding lack of counsel in recidivist proceedings was not exhausted in state courts and thus denied federal relief at this time.
• Young v. Sheriff of Dade Cnty.
  18 Fla. Supp. 130· Dade Cty. Cir. Ct.· 1961-07-14
  The court held that it lacked jurisdiction to entertain a petition for a writ of habeas corpus from a state prisoner seeking dismissal of state charges.
• Denton v. Cochran
  131 So. 2d 734· Fla.· 1961-07-12
  Denton petitioned for habeas corpus alleging denial of court-appointed counsel at his criminal trial for which he was convicted and sentenced to six months to five years imprisonment. The Florida Supreme Court affirmed the denial of relief, finding no evidence that Denton had req
• Coakley v. United States Dist. Court
  291 F.2d 927· 6th Cir.· 1961-06-27
  The court held that the petitioner's application for a writ of mandamus, seeking to compel a district court to hear his habeas corpus petition or to review a dismissal order, was denied.
• United States ex rel. L. B. Binion v. United States Marshal FOR the Dist. OF Nev.
  292 F.2d 494· 9th Cir.· 1961-06-26
  The court held that the appellant was not entitled to credit on his sentence for periods when he was not in actual or constructive custody, nor for periods during which he was on probation and reporting to a probation officer.
• Jones v. United States
  291 F.2d 202· 9th Cir.· 1961-06-14
  The court held that the appellant is lawfully confined and not entitled to release, affirming the lower courts' denial of his petitions for a writ of habeas corpus.
• Chandler v. Markley
  291 F.2d 157· 7th Cir.· 1961-06-09
  The court held that statements by military commanders regarding discipline and prevention of offenses did not constitute improper command control that would prevent a fair trial or review.
• State v. Cochran
  128 So. 2d 609· Fla.· 1961-04-05
  Norman J. Mackiewicz sought habeas corpus relief to collaterally attack his death sentence for first-degree murder, claiming the trial court reporter failed to record certain alleged inflammatory statements made by prosecutors during closing arguments. The Florida Supreme Court d
• United States ex rel. Henry Stevens v. Wilkins
  287 F.2d 865· 2d Cir.· 1961-02-28
  The court held that the relator's petition for a writ of habeas corpus was properly denied because he failed to exhaust his state remedies, and even if he had, his claim lacked merit.
• United States ex rel. Raymond Everett Hackler v. Sain
  287 F.2d 286· 7th Cir.· 1961-02-23 ·via Habeas Corpus Proceedings
  An arrest and detention made under a facially invalid rendition warrant, even if later validated by supplementary documents in a habeas corpus proceeding, constitutes a deprivation of liberty violating the Due Process Clause of the Fourteenth Amendment.
• Krawetz v. Cochran
  126 So. 2d 541· Fla.· 1961-02-03
  The court held that a habeas corpus petition based on alleged insanity at the time of arrest, arraignment, and sentencing must be supported by evidence of a prior adjudication of incompetence.
• Dover v. Cochran
  126 So. 2d 139· Fla.· 1961-01-18
  The Florida Supreme Court denied a petition for a writ of habeas corpus, finding that the petitioner was not deprived of any constitutional or statutory rights. The court quashed the writ and remanded the petitioner to custody.
• Burley v. State OF Md.
  285 F.2d 746· 4th Cir.· 1961-01-16
  The court held that the District Court did not err in dismissing the petition for a writ of habeas corpus, and therefore the appeal should be dismissed.
• Mellette v. Cochran
  123 So. 2d 699· Fla.· 1960-10-28
  The Florida Supreme Court denied a habeas corpus petition, finding that although one of the petitioner's sentences was excessive and served, a second valid sentence for a different offense meant he was still lawfully in custody.