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. McCANN v. Adams
  136 F.2d 680· 2d Cir.· 1943-06-11
  The court held that new issues raised by the relator must be addressed through a bill of exceptions, not a writ of habeas corpus.
• Grant v. Richardson
  129 F.2d 105· 4th Cir.· 1942-06-30
  The court held that a federal habeas corpus petition cannot be used to relitigate issues already decided by state courts and affirmed by the Supreme Court, nor can it be used to raise a claim of insanity not previously asserted.
• Smith v. Lawrence
  128 F.2d 822· 5th Cir.· 1942-06-16
  The court held that a writ of habeas corpus cannot be used to relitigate issues that could have been raised on direct appeal, and the petitioner failed to prove his confession was coerced.
• Caingetti v. Chapman
  149 Fla. 597· Fla.· 1942-02-26
  The Florida Supreme Court denied a habeas corpus petition challenging the sufficiency of a murder conviction verdict. The petitioner argued that the jury verdict was invalid because it did not specifically state the degree of homicide, but the court held that under the Criminal P
• Sweetney v. Johnston
  121 F.2d 445· 9th Cir.· 1941-06-18
  The court denied the petition for a writ of habeas corpus.
• Misuye Kobayashi v. Carmichael
  120 F.2d 752· 9th Cir.· 1941-06-06
  The court held that the 1924 Immigration Act imposes no time limitation for deporting aliens who entered in violation of its provisions. Hardship is not a judicial consideration.
• Smith v. Woodruff
  147 Fla. 303· Fla.· 1941-05-27
  In this habeas corpus case, the Florida Supreme Court held that the City of Tampa was estopped from prosecuting an attorney for violating a municipal ordinance requiring payment of a license tax after the city had attempted to enforce a different (higher) license ordinance that t
• Art v. Carmichael
  117 F.2d 158· 9th Cir.· 1941-01-09
  The court held that the immigration record contained sufficient evidence to support the deportation warrant and that the habeas corpus writ was properly discharged.
• Dykes v. Chapman
  137 Fla. 766· Fla.· 1939-05-19 ·via Habeas Corpus Proceedings
  Tom Dykes challenged his perjury conviction via habeas corpus, arguing the indictment was defective and violated his rights. The Florida Supreme Court affirmed his conviction, holding that habeas corpus cannot be used to attack the sufficiency of an indictment and that the indict
• Lehman v. Gear
  109 Fla. 552· Fla.· 1933-04-25 ·via Habeas Corpus Review
  The Florida Supreme Court affirmed a lower court's decision to discharge a defendant from custody via habeas corpus. The court found the information charging the defendant was legally insufficient, failing to allege an offense under state law regarding motor vehicle licensing.
• Root v. Mizell
  95 Fla. 979· Fla.· 1928-05-30 ·via Habeas Corpus Review
  Root was arrested for possessing milk for sale without a permit under a city ordinance. The Florida Supreme Court reversed his conviction and ordered his discharge, finding that the ordinance's provision charging $25/month for inspections of dairies beyond five miles from the cit
• Flowers v. Merritt
  86 Fla. 143· Fla.· 1923-07-11
  A habeas corpus petition sought the release of Leo McGowan from custody pending trial on a murder charge. After the circuit court denied the writ, McGowan was subsequently indicted, tried, convicted of murder in the first degree, and sentenced to life imprisonment, rendering the
• Curry v. Osborne
  75 Fla. 85· Fla.· 1918-01-17 ·via Habeas Corpus Proceedings
  The Florida Supreme Court denied a motion to amend or supplement the bill of exceptions in a habeas corpus proceeding, holding that bills of exceptions cannot be amended by certiorari in the appellate court and any amendments must be made in the trial court before appellate proce
• City of Live Oak v. Jackson
  66 Fla. 374· Fla.· 1913-11-25 ·via Habeas Corpus Review
  The court reviewed a habeas corpus case where a defendant was convicted under a city ordinance prohibiting the sale of alcohol. The defendant argued the ordinance was void because it didn't state that a local election had prohibited alcohol sales. The appellate court reversed the
• Floyd v. Bell
  62 Fla. 50· Fla.· 1911-06-01 ·via Habeas Corpus Proceedings
  The Florida Supreme Court affirmed a lower court's decision to remand George Floyd to custody for failing to work public roads. The court found that even if a special road law was unconstitutional, Floyd's actions were still punishable under general state laws.
• Moeller v. Elise Stocker
  61 Fla. 342· Fla.· 1911-01-01 ·via Habeas Corpus Proceedings
  The Florida Supreme Court dismissed a writ of error in a habeas corpus case concerning child custody due to a lack of jurisdiction over the defendant in error. The court found that proper legal procedures, such as issuing and serving a scire facias, were not followed, and the wri
• Belch v. Manning
  55 Fla. 233· Fla.· 1908-01-01 ·via Habeas Corpus Review
  The Florida Supreme Court affirmed a lower court's decision to discharge a minor from a state reform school. The court found the commitment order insufficient because it lacked a specific finding of incorrigible and vicious conduct as required by statute.
• King v. Daniel
  11 Fla. 91· Fla.· 1865-01-01 ·via Habeas Corpus Proceedings
  This case involves the interpretation of a Confederate military conscription exemption for ministers of religion. The court held that Edward L. King, an ordained local preacher in the Methodist Episcopal Church, South, qualified for exemption from military service under the Febru
• Clark v. Gautier
  8 Fla. 360· Fla.· 1859-01-01
  This 1859 Florida Supreme Court case addresses whether a person of color claiming freedom can challenge his enslavement through a writ of habeas corpus. The court holds that habeas corpus is an inappropriate remedy in contested slavery cases and reverses the lower court's dischar