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

• Rhoades v. Bohn
  16 Fla. Supp. 164· Duval Cty. Cir. Ct.· 1960-09-02
  In this habeas corpus proceeding, the circuit court reconsidered its prior denial of a writ of habeas corpus in light of appellate opinions regarding enforcement of a Wisconsin custody decree. The court determined that while it had discretion under comity principles to aid in enf
• Parrish v. Cochran
  121 So. 2d 423· Fla.· 1960-06-17
  The court held that the informations were insufficient because they failed to allege that the petitioner received anything in return for the worthless checks, entitling him to relief.
• United States ex rel. James J. Carrono v. Richmond
  279 F.2d 170· 2d Cir.· 1960-05-17 ·via Federal Habeas Corpus
  A state prisoner seeking federal habeas corpus must exhaust state remedies, which includes obtaining a required statutory certificate for appeal from a state habeas denial, even if indigent.
• de Coteau v. United States
  277 F.2d 7· 8th Cir.· 1960-04-13
  The court held that the appellant's assertions did not justify vacating the sentence, as there was no evidence of an unfair trial or constitutional violations.
• Johnson v. Ward
  278 F.2d 245· D.C. Cir.· 1960-03-24
  The court held that the appellant was lawfully taken into custody and was not entitled to release, as his original sentence was subject to federal conditional release statutes, not District of Columbia parole law.
• United States ex rel. Earl Richard Saunders v. Myers
  276 F.2d 790· 3d Cir.· 1960-03-21
  The court held that federal courts cannot grant habeas corpus relief to re-weigh evidence or pass on admissibility of testimony in state court proceedings, as these are matters for direct appeal.
• Tatem v. United States
  275 F.2d 894· D.C. Cir.· 1960-03-03
  The court held that the District Court erred in denying a habeas corpus petition without stating its grounds, requiring a remand for further proceedings.
• Hyatt v. Mayo
  117 So. 2d 476· Fla.· 1960-01-29
  Gordon Francis Hyatt petitioned for habeas corpus relief, challenging the validity of his guilty plea conviction on grounds of mental incompetency at the time of trial. The Florida Supreme Court, based on expert psychiatric testimony and a Commissioner's findings that Hyatt was n
• Savage v. Raines
  271 F.2d 751· 10th Cir.· 1959-09-26
  A federal court will entertain a habeas corpus application only after all available state remedies, including certiorari to the U.S. Supreme Court, have been exhausted.
• United States ex rel. Robert Fish v. Martin
  267 F.2d 817· 2d Cir.· 1959-06-25
  The federal court affirmed the denial of the writ of habeas corpus because the state provides a remedy for the petitioner's claims.
• Kirby v. Warden, Maryland Penitentiary
  261 F.2d 345· 4th Cir.· 1958-11-13
  The court affirmed the denial of the writ of habeas corpus, finding the petitioner waived his speedy trial rights and failed to exhaust state remedies.
• Siple v. Bannan
  260 F.2d 550· 6th Cir.· 1958-09-12
  The court held that the denial of counsel during the confession did not constitute a constitutional deprivation, and claims of coerced confession and ineffective counsel were unsupported.
• Petition For Naturalization of Marko Terzich
  256 F.2d 197· 3d Cir.· 1958-06-02
  A district court cannot review a final order of deportation in a hearing on a petition for naturalization; the court must deny the petition if a final deportation order is outstanding.
• Wolf v. Brownell
  253 F.2d 141· 9th Cir.· 1957-11-27
  The court held that 8 U.S.C.A. § 1401(a)(7) is not retroactive, and therefore the appellant, born abroad to an alien father and an American mother before the statute's effective date, is not a citizen under that provision.
• Green v. Harley O. Teets
  244 F.2d 401· 9th Cir.· 1957-04-05
  The court held that the petitioner failed to show a violation of his federal constitutional rights, and therefore denied his petition for a certificate of probable cause.
• United States v. Honorable Robert E. Murphy
  242 F.2d 706· 2d Cir.· 1957-03-11
  The court held that assignment of counsel is not warranted when the appeal is wholly without merit and the relator can obtain no relief.
• McMAHON v. Mayo
  92 So. 2d 806· Fla.· 1957-02-13
  Thomas McMahon was convicted of breaking and entering with intent to commit assault and battery and sentenced to five years hard labor. The Florida Supreme Court rejected his claims that the charge did not state a crime and that his trial without counsel violated his constitution
• Application of Joseph Moyle
  241 F.2d 615· 9th Cir.· 1957-01-28
  The court held that a prisoner's failure to comply with reasonable state appellate procedural requirements, resulting in the denial of an appeal, does not form a basis for federal habeas corpus relief.
• Smith v. State
  92 So. 2d 411· Fla.· 1957-01-16 ·via Habeas Corpus Proceedings
  Mathew Smith appeals his perjury conviction for allegedly lying during habeas corpus proceedings about his arrest history. The Florida Supreme Court reverses, holding that the false statements were not material to the issue before the court in the habeas corpus proceeding, which
• Chang AH Ding and Chang Shing Hwa v. United States
  239 F.2d 852· 5th Cir.· 1957-01-09
  The court held that the appeal is moot because the necessary travel documents for deportation have been obtained since the appeal was filed.
• United States ex rel. Gilberto Palma v. Saegert
  251 F.2d 59· 5th Cir.· 1957-01-03
  The court held that a writ of habeas corpus cannot be used to interrupt the orderly administration of criminal laws or as a substitute for ordinary trial proceedings.
• McDONALD v. Looney
  238 F.2d 844· 10th Cir.· 1956-11-23
  The Court held that the petitioner had an adequate and effective remedy under 28 U.S.C.A. § 2255, and that the second sentence did not subject him to double jeopardy.
• Hamilton v. Looney
  238 F.2d 479· 10th Cir.· 1956-11-07
  The court held that the petitioner's contention that he had served his sentence was not well taken, as the sentencing court intended to impose three separate sentences, including a 30-year sentence for the Dyer Act case.
• United States ex rel. Charles Williams v. Ragen
  238 F.2d 139· 7th Cir.· 1956-10-24
  The court held that the Illinois Parole Board's actions did not cause the state to lose jurisdiction over the petitioner.
• Torrence v. Looney
  233 F.2d 715· 10th Cir.· 1956-05-05
  The court held that the appellant received a full and complete hearing and that his appeal lacked substance.
• Antoine D'Agostino v. Sahli
  230 F.2d 668· 5th Cir.· 1956-03-14
  The court held that immigration officials had lawful jurisdiction over the alien upon his entry into the United States, even if involuntary, and therefore his detention was lawful.
• Owens v. Swope
  227 F.2d 796· 10th Cir.· 1955-11-07
  The court held that the petitioner was not twice placed in jeopardy for the same offense, and the sentence on the second information was not void.
• Mason v. Cranor
  227 F.2d 557· 9th Cir.· 1955-06-21
  The court held that the petitioner's detention was lawful, as he was subject to return to prison for parole violations, and his constitutional rights were not violated.
• Graham v. Teets
  223 F.2d 680· 9th Cir.· 1955-06-03
  The court held that a federal district court lacks jurisdiction to entertain a state prisoner's habeas corpus application if the prisoner has not exhausted available state remedies.
• Thomasson v. Angel
  74 So. 2d 295· Fla.· 1954-07-16
  A grandmother acting as next friend for a minor child sought to set aside a custody decree via bill of review, claiming the underlying parental stipulation was procured by fraud. The Florida Supreme Court held that the child and grandmother, as non-parties to the stipulation, lac
• Adams v. Waters
  201 F.2d 511· 10th Cir.· 1953-01-28
• United States ex rel. Monaghan v. Burke
  196 F.2d 785· 3d Cir.· 1952-04-30
  The court held that the endorsements on the bill of indictment, not the docket entries, constitute the primary record of the proceeding, and thus the sentence was not excessive.
• United States ex rel. Kustas v. Williams
  194 F.2d 642· 2d Cir.· 1952-02-20 ·via Habeas Corpus Review
  The court held that a seaman seeking shore leave, excluded as a 'subversive,' is not entitled to an appeal to the Commissioner or a Board of Special Inquiry, but may seek judicial review via habeas corpus.
• United States ex rel. Toran v. Thompson
  192 F.2d 807· 2d Cir.· 1951-11-21
  The court held that the September petition for habeas corpus must be denied because the named warden no longer has custody, and the June petition was correctly denied as removal does not prevent appeal.
• Lyle v. Eidson
  182 F.2d 344· 8th Cir.· 1950-06-02
  A state may prosecute capital offenses by information without violating the Fourteenth Amendment's due process clause.
• Dever v. Visic
  180 F.2d 924· 5th Cir.· 1950-03-31 ·via Habeas Corpus Proceedings
  The court held that the Attorney General has the authority to order the exclusion of an alien without a hearing, consistent with inherent executive power.
• Edwards v. Squier
  178 F.2d 758· 9th Cir.· 1949-12-12 ·via Habeas Corpus Review
  The court held that the joinder of two distinct federal offenses, one under the Motor Vehicle Theft Act and another under the National Stolen Property Act, was permissible under Rule 8(a) of the Federal Rules of Criminal Procedure.
• McDONALD v. Humphrey
  168 F.2d 519· 8th Cir.· 1948-06-09
  The court held that the appellant is not entitled to credit for time spent at liberty under erroneous orders of discharge.
• Banach v. Hunter
  161 F.2d 682· 10th Cir.· 1947-05-15
  The court held that the appellant's contentions regarding the validity of his convictions were without merit and that the trial court's denial of his habeas corpus petition was correct.
• Application of Gordon
  160 F.2d 574· 9th Cir.· 1947-03-13
  The court found that the petitioner's application for a Writ of Habeas Corpus was not wholly without merit and that legal points warrant review.
• Conley v. Pescor
  157 F.2d 280· 8th Cir.· 1946-09-30
  The court held that the appellant's habeas corpus application presented no valid grounds for relief, as the issues raised were either previously decided, lacked merit, or were demonstrably false based on the record.
• Patterson v. Welch
  155 F.2d 951· 4th Cir.· 1946-06-14
  The court held that the District Court's dismissal of the habeas corpus petition was proper because there was substantial evidence to support the judge's finding that the petitioner's detention was not unlawful.
• Bailey v. Stoutamire
  155 F.2d 754· 5th Cir.· 1946-05-22
  The court held that a federal court will not re-examine questions already adjudicated by a state court on habeas corpus, absent exceptional circumstances.
• Rosselli v. Sanford
  155 F.2d 427· 5th Cir.· 1946-05-16
  A defendant cannot use habeas corpus to retry factual issues, such as the statute of limitations, that were or could have been determined at trial.
• Moses v. United States
  152 F.2d 454· 6th Cir.· 1945-12-12
  The court held that the appellant's current motion to vacate judgment and sentence presented no new grounds for relief and was without merit.
• State OF Fla. ex rel. v. Dade Cnty. Roofing Co., Inc.
  156 Fla. 260· Fla.· 1945-07-20
  The Florida Supreme Court denied the Attorney General's quo warranto petition seeking to void portions of a labor union agreement between Dade County Roofing Co. and Local Union No. 57, claiming the agreement violated Florida's newly-adopted constitutional right-to-work amendment
• State OF Fla. ex rel. Dennis McARTHUR v. Mayo
  156 Fla. 14· Fla.· 1945-05-22
  Dennis McArthur seeks a writ of habeas corpus, claiming he has been unlawfully detained beyond the expiration of his sentences. The Florida Supreme Court holds that two sentences imposed in 1939 run concurrently rather than consecutively, and that McArthur was entitled to dischar
• Mrozik v. Johnston
  148 F.2d 149· 9th Cir.· 1945-03-16
  The court held that a habeas corpus petition cannot be used to challenge a conviction based on an indictment's alleged legal insufficiency if the trial court had jurisdiction.
• Redmon v. Squier
  147 F.2d 605· 9th Cir.· 1945-02-14
  The court held that the sufficiency of an indictment cannot be challenged in a habeas corpus proceeding and that the lower court's findings regarding waiver of counsel and understanding of charges are not subject to disturbance on appeal.
• United States ex rel. Hoce v. McGINNIS
  146 F.2d 851· 4th Cir.· 1944-12-06
  Habeas corpus cannot be used to test the validity of a draft board's order in advance of a criminal trial for failing to report for induction.