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. James A. Greene v. State OF NEW Jersey
  519 F.2d 1356· 3d Cir.· 1975-07-17 ·cited 14×·via Habeas Corpus Review
  The court held that the state trial court's failure to conduct a voir dire examination after prejudicial mid-trial publicity, despite ruling the publicity would not affect the jury, violated the defendant's Sixth Amendment right to an impartial jury.
• Roscoe R. Riser v. Craven
  501 F.2d 381· 9th Cir.· 1974-07-17 ·cited 14×·via Federal Habeas Corpus
  A state prisoner is entitled to federal habeas relief if trial counsel failed to protect his right to appeal, without requiring a showing of prejudice or specific lost points.
• State v. Sampson
  297 So. 2d 120· Fla. 4th DCA· 1974-07-05 ·cited 14×
  The court held that the First Amendment protects the use of visual illustrations to depict sexual material discussed in a report on obscenity.
• United States ex rel. Melvin Tobe v. Bensinger
  492 F.2d 232· 7th Cir.· 1974-02-12 ·cited 14×
  Unauthorized jury communications, akin to an Allen charge without admonition, created a probability of prejudice, thus violating due process and warranting habeas corpus relief.
• State of Fla. ex rel. Peter J. Renaldi v. Sandstrom
  276 So. 2d 109· Fla. 3d DCA· 1973-04-16 ·cited 14×
  The Florida District Court of Appeal dismissed a habeas corpus petition challenging a $150,000 bond set by a circuit court judge, holding that while the appellate court has concurrent jurisdiction with the circuit court to hear such matters, the circuit court is the more appropri
• W. T v. State OF Ala.
  466 F.2d 507· 5th Cir.· 1972-08-15 ·cited 14×·via Habeas Corpus Relief
  The court held that dismissal of the petitioner's claim for daily medical attention and medication was improper, but affirmed dismissal of claims seeking transfer to a specific institution.
• Hooks v. 4TH Dist. Court OF Appeal
  442 F.2d 1042· 5th Cir.· 1971-05-13 ·cited 14×
  The court held that an appeal from an order denying a writ of habeas corpus cannot be taken without a certificate of probable cause.
• United States ex rel. James L. Worlow v. Pate
  437 F.2d 909· 7th Cir.· 1971-01-25 ·cited 14×·via Federal Habeas Corpus
  The court held that the district judges did not err in denying habeas corpus petitions after independently reviewing the state court record, as the petitioners' counsel failed to request further proceedings or argument and the record substantiated a full and fair hearing.
• Fulford v. Smith
  432 F.2d 1225· 5th Cir.· 1970-10-30 ·cited 14×·via Habeas Corpus Relief
  The court held that a state prisoner's petition for federal habeas relief, alleging suppression of evidence, was properly denied without a hearing because the prisoner had previously raised similar claims, the evidence presented did not support the allegations, and the prisoner h
• Chambers v. Beto
  428 F.2d 791· 5th Cir.· 1970-06-15 ·cited 14×
  A guilty plea entered on advice of competent counsel is not rendered involuntary by allegations of illegally seized evidence or a coerced confession.
• Mathis v. The People OF the State of Colo. & Wayne K. Patterson
  425 F.2d 1165· 10th Cir.· 1970-05-01 ·cited 14×·via Federal Habeas Corpus
  The court held that the prisoner's constitutional rights were not violated by the admission of evidence from a warrantless car search or an in-jail statement, and that the sufficiency of evidence is not generally subject to federal habeas review.
• United States ex rel. Joseph Hughes v. Hon. Daniel McMANN
  405 F.2d 773· 2d Cir.· 1968-11-14 ·cited 14×·via Federal Habeas Corpus
  The court remands the case to the trial judge for further factual exploration regarding the voluntariness of a confession.
• Nance v. Baker
  400 F.2d 864· 10th Cir.· 1968-09-16 ·cited 14×·via Federal Habeas Corpus
  The court affirmed the denial of the federal writ of habeas corpus, finding no violation of constitutional rights and sufficient evidence for conviction.
• Woodbury v. Beto
  395 F.2d 189· 5th Cir.· 1968-05-14 ·cited 14×
  The court held that the district court erred in dismissing the habeas corpus application without a plenary hearing and remanded for dismissal without prejudice.
• United States ex rel. Albert Ackerman v. Russell
  388 F.2d 21· 3d Cir.· 1968-01-10 ·cited 14×·via Federal Habeas Corpus
  The court held that the district court erred in denying the petition for habeas corpus without an evidentiary hearing, as the state court's fact-finding procedure was inadequate.
• Worley v. Swenson
  386 F.2d 186· 8th Cir.· 1967-11-22 ·cited 14×·via Federal Habeas Corpus
  The court held that the district court should stay proceedings pending a renewed application for relief under the new Missouri Supreme Court Rule 27.26, as the appellant may not have fully exhausted state remedies.
• Weaver v. Ward Lane
  382 F.2d 251· 7th Cir.· 1967-07-27 ·cited 14×
  The court held that the search of the petitioner's automobile and the seizure of blood-stained clothing were lawful, and therefore, the district court erred in granting the writ of habeas corpus.
• United States ex rel. Frank DeFORTE v. Mancusi
  379 F.2d 897· 2d Cir.· 1967-06-28 ·cited 14×
  A defendant has standing to challenge the legality of a search and seizure if the search was directed at them and invaded their right to privacy, even if the property seized belonged to an organization and not the defendant personally.
• Manning v. The State OF Cal.
  378 F.2d 357· 9th Cir.· 1967-05-15 ·cited 14×
  The court held that the petitioner's confession, obtained without a request for counsel, did not violate Escobedo as amplified by Miranda and Johnson, because the petitioner's trial began before the effective date of Miranda and Escobedo required a request for counsel.
• Wilson v. Bailey
  375 F.2d 663· 4th Cir.· 1967-03-22 ·cited 14×
  A state prisoner's knowing and intelligent decision to withdraw his appeal, even if based on counsel's advice about potential consequences, does not constitute a "deliberate bypass" of state remedies that would bar federal habeas corpus review, but failure to object at trial to i
• Butler v. Burke
  360 F.2d 118· 7th Cir.· 1966-04-15 ·cited 14×
  The dissenting judge believes that Butler's ignorance of the Sexual Deviate Law provisions, and the failure to inform him, violated the fourteenth amendment's due process clause regarding his waiver of counsel and guilty plea.
• Palomera v. Taylor
  344 F.2d 937· 10th Cir.· 1965-05-03 ·cited 14×·via Habeas Corpus Review
  The court held that civil courts' review of military convictions via habeas corpus is limited to jurisdiction and lawful power, not re-evaluation of evidence or procedural errors outside that scope.
• Dillon v. Peters
  341 F.2d 337· 10th Cir.· 1965-02-13 ·cited 14×·via Federal Habeas Corpus
  The court held that the Mapp v. Ohio exclusionary rule applies to convictions that were not final at the time Mapp was decided, and that failure to object to illegally obtained evidence does not constitute a waiver of rights in habeas corpus proceedings.
• United States ex rel. Edgar I. Shott, Jr. v. Tehan
  337 F.2d 990· 6th Cir.· 1964-11-10 ·cited 14×·via Habeas Corpus Proceedings
  The court held that a state prosecutor's comment on a defendant's failure to testify violates the Fifth Amendment privilege against self-incrimination, which is applicable to the states through the Fourteenth Amendment.
• Vesta Hedges v. State
  165 So. 2d 213· Fla. 2d DCA· 1964-05-22 ·cited 14×·via Habeas Corpus Proceedings
  Vesta Hedges was convicted of manslaughter in the death of her lover of seven years after a struggle over his gun at her home. The Second District affirmed her conviction, rejecting six grounds for reversal including challenges to the sufficiency of evidence, prosecutorial remark
• Selden G. Hooper v. The United States
  326 F.2d 982· Ct. Cl.· 1964-01-24 ·cited 14×·via Habeas Corpus Review
  The court held that retired members of the armed forces entitled to pay are subject to court-martial jurisdiction under UCMJ Article 2(4), and that such jurisdiction is constitutional.
• Blackburn v. Ippolito
  156 So. 2d 550· Fla. 2d DCA· 1963-09-11 ·cited 14×·via Habeas Corpus Proceedings
  In this habeas corpus appeal, the Florida District Court of Appeal reversed the discharge of Jack Ippolito, manager of a supermarket operating a promotional 'Good-Will Cash Night' drawing, holding that the scheme constituted an illegal lottery under Florida law. The court adopted
• United States ex rel. Charles Noia v. FAY
  300 F.2d 345· 2d Cir.· 1962-02-07 ·cited 14×·via Federal Habeas Corpus
  The court held that Noia did not waive his constitutional right against conviction based on a coerced confession, and that his failure to appeal did not preclude federal habeas corpus relief under 28 U.S.C. § 2254 because state remedies were ineffective.
• Everette Thompson Dawson v. United States
  292 F.2d 365· 9th Cir.· 1961-06-24 ·cited 14×
  A petition for a writ of habeas corpus is not the proper vehicle to challenge the sufficiency of an indictment on grounds that could have been raised on appeal.
• Wilhelm J. Muhlenbroich v. Heinze
  281 F.2d 881· 9th Cir.· 1960-08-16 ·cited 14×
  The court held that the district court did not err in dismissing the habeas corpus petition without a plenary hearing, as the allegations did not constitute a denial of due process and the appellant had adequate assistance of counsel.
• United States ex rel. Louis Cuomo v. FAY
  257 F.2d 438· 2d Cir.· 1958-07-11 ·cited 14×
  The relator has not exhausted his state remedies as required by 28 U.S.C.A. § 2254, as he failed to properly present his federal claim to the state courts through an available and appropriate procedure.
• Thomas v. Colonel James W. Davis
  249 F.2d 232· 10th Cir.· 1957-10-29 ·cited 14×·via Habeas Corpus Review
  The court held that civil courts' habeas corpus review of military convictions is limited to whether the military courts had jurisdiction and acted within their lawful powers, and gave full and fair consideration to constitutional claims.
• United States v. Knut Einar Heikkinen
  240 F.2d 94· 7th Cir.· 1957-01-17 ·cited 14×
  The court held that the defendant's conviction for failing to depart and failing to apply for travel documents was valid, as the deportation order was properly entered and the defendant was not denied due process.
• Application of John Henry Tune
  230 F.2d 883· 3d Cir.· 1956-03-06 ·cited 14×
  The court held that the denial of pre-trial inspection of a confession did not violate due process where no prejudice was shown, and that a state's procedure allowing the trial judge, rather than the jury, to determine the voluntariness of a confession is constitutionally permiss
• Moat v. Mayo
  82 So. 2d 591· Fla.· 1955-09-28 ·cited 14×
  George W. Moat petitioned for habeas corpus relief, claiming his sentence was void because it was imposed under the wrong Florida statute. The Florida Supreme Court denied the petition because Moat had previously raised and lost the same issues in an earlier habeas corpus proceed
• Lopez v. Swope
  205 F.2d 8· 9th Cir.· 1953-06-08 ·cited 14×
  The court held that a prisoner's claim regarding the legality of a previously served sentence is irrelevant to the legality of his current detention under valid, consecutive sentences for escape and assault.
• Benjamin v. Hunter
  176 F.2d 269· 10th Cir.· 1949-06-29 ·cited 14×
  The court held that the petitioner was not entitled to immediate release, as his release date, computed under either the prior law or the new statute, would not be affected in a manner that would result in his immediate discharge.
• DEL Guercio v. Gabot
  161 F.2d 559· 9th Cir.· 1947-05-13 ·cited 14×
  The court held that the petitioner, a Philippine national, was not considered an alien at the time of his offense, thus the deportation statute was inapplicable. The court affirmed the lower court's grant of the writ of habeas corpus.
• Price v. Johnston
  159 F.2d 234· 9th Cir.· 1947-01-08 ·cited 14×
• United States ex rel. Carter v. Ragen
  153 F.2d 902· 7th Cir.· 1946-02-25 ·cited 14×
  The court held that the petitioner was lawfully in custody and affirmed the lower court's decision.
• Drumheller v. Berks Cnty. Local Bd. NO. 1
  130 F.2d 610· 3d Cir.· 1942-08-21 ·cited 14×
  The court held that a writ of certiorari is not available to review the administrative decisions of Selective Service Boards, as these boards do not exercise judicial functions and their decisions are final.
• Robinson v. Johnston
  130 F.2d 202· 9th Cir.· 1942-08-10 ·cited 14×
• Osborne v. Johnston
  120 F.2d 947· 9th Cir.· 1941-06-14 ·cited 14×
  The petition for a writ of habeas corpus does not state facts entitling the appellant to relief because the allegations do not demonstrate a lack of jurisdiction in the original trial court.
• Douglass v. W. J. Shackelford as Marshal of the City of Lake City
  73 Fla. 889· Fla.· 1917-04-19 ·cited 14×·via Habeas Corpus Proceedings
  W. B. Douglass challenges a municipal court conviction and sentence via habeas corpus. The Florida Supreme Court affirms the Circuit Court's order remanding Douglass to custody for proper sentencing by the Mayor, holding that despite procedural defects in the original sentence, t
• Ex Parte
  20 Fla. 806· Fla.· 1884-06-01 ·cited 14×·via Habeas Corpus Review
  G.D. Powell challenges his extradition to Georgia on a fugitive from justice warrant issued by the Florida Governor. The Florida Supreme Court initially reversed Powell's detention, finding the Governor's warrant lacked sufficient judicial authorization, but on a second habeas pe
• Patrick v. State
  246 So. 3d 253· Fla.· 2018-06-14 ·cited 13×
  Eric Kurt Patrick, a capital defendant whose death sentence became final in 2013, appeals the denial of his Rule 3.851 postconviction motion and petitions for a writ of habeas corpus. The Florida Supreme Court grants the habeas petition based on Hurst v. Florida, vacates the deat
• Knight v. State
  211 So. 3d 1· Fla.· 2016-12-15 ·cited 13×
  Ronald Knight, convicted of first-degree murder and sentenced to death, appealed the denial of his postconviction motion to vacate his conviction and sentence filed under Florida Rule of Criminal Procedure 3.850, and petitioned for a writ of habeas corpus. The Florida Supreme Cou
• DE LA HOZ v. Crews
  123 So. 3d 101· Fla. 3d DCA· 2013-09-25 ·cited 13×
  De La Hoz petitions for habeas corpus to vacate his second-degree murder conviction based on fundamentally erroneous jury instructions on manslaughter that were later declared reversible error in Haygood v. State. The court grants relief on narrow procedural grounds, finding mani
• Gisi v. State
  119 So. 3d 534· Fla. 5th DCA· 2013-08-16 ·cited 13×
  Michael Gisi appealed the denial of his habeas corpus petition challenging a defect in the information for one of his convictions—specifically, a variance in the offense date between the information and verdict form. The Fifth District Court of Appeal dismissed the appeal due to
• Henry v. Runner O. Santana
  62 So. 3d 1122· Fla.· 2011-04-28 ·cited 13×
  The Florida Supreme Court held that a trial court may not sua sponte dismiss a habeas corpus petition seeking immediate release based on the petitioner's failure to allege exhaustion of administrative remedies when no party has raised that issue. The decision resolves a conflict