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

• Hooks v. State
  250 So. 2d 322· Fla. 4th DCA· 1971-06-25 ·cited 12×
  Harold Hooks appeals his conviction for sale and possession of LSD by way of a habeas corpus petition after his direct appeal became untimely. The appellate court addressed the sufficiency of evidence and whether the trial court erred in denying a mistrial motion, ultimately affi
• Rosengart v. Laird
  449 F.2d 523· 2d Cir.· 1971-06-09 ·cited 12×
  The court held that there was a sufficient basis in fact in the record for the Army's determination that the appellant's conscientious objector beliefs were not sincerely held, and that the district court's procedural remands did not deny due process.
• Morgan v. Melchar
  442 F.2d 1082· 3d Cir.· 1971-05-05 ·cited 12×·via Habeas Corpus Review
  The court held that the district court correctly dismissed the complaint for lack of subject matter jurisdiction, as pre-induction judicial review of Selective Service classifications is generally barred by statute.
• United States ex rel. William C. Stubbs v. Mancusi
  442 F.2d 561· 2d Cir.· 1971-04-19 ·cited 12×
  The admission of prior testimony from a witness who was not made available for cross-examination at retrial, despite the prosecution's failure to make a good-faith effort to secure his presence, violated the Confrontation Clause and was not harmless error.
• Weaver v. State OF Tex.
  441 F.2d 388· 5th Cir.· 1971-04-12 ·cited 12×·via Federal Habeas Corpus
  The court held that a general allegation of a coerced guilty plea is insufficient to warrant federal habeas relief without specific factual allegations and exhaustion of state remedies.
• Makarewicz v. Palmer C. Scafati
  438 F.2d 474· 1st Cir.· 1971-02-24 ·cited 12×·via Federal Habeas Corpus
  The court held that the petitioner's confession was voluntary and admissible, affirming the denial of his habeas corpus petition.
• Robinson v. Wainwright
  240 So. 2d 65· Fla. 2d DCA· 1970-10-16 ·cited 12×
  Theodore Robinson filed a habeas corpus petition claiming he was subjected to double jeopardy by being tried twice for the same offense. The Florida District Court of Appeal rejected the petition because Robinson failed to raise the double jeopardy defense by motion to dismiss as
• United States ex rel. William R. Liss v. Mancusi
  427 F.2d 225· 2d Cir.· 1970-06-01 ·cited 12×·via Federal Habeas Corpus
  The court held that the petitioner's confessions were voluntary and that he received a full and fair hearing in the state courts, thus affirming the denial of his federal habeas corpus petition.
• The United States ex rel. Terrence Stone v. Robinson
  431 F.2d 548· 3d Cir.· 1970-05-26 ·cited 12×·via Habeas Corpus Relief
  The court held that the appellant's petition for rehearing misconstrued the nature of habeas corpus relief and the prime issue on appeal.
• Mattox v. Carson
  424 F.2d 202· 5th Cir.· 1970-03-25 ·cited 12×·via Federal Habeas Corpus
• Pineda v. Craven
  424 F.2d 369· 9th Cir.· 1970-03-16 ·cited 12×·via Federal Habeas Corpus
  The court held that the right to challenge a search warrant under Aguilar v. Texas was not knowingly waived in this case.
• Collins v. State
  230 So. 2d 711· Fla. 4th DCA· 1970-01-26 ·cited 12×
  Robert Collins sought delayed appellate review of his 1964 first-degree murder conviction after his court-appointed counsel failed to timely file a direct appeal. The court treated his petition as an original habeas corpus petition and affirmed the conviction, finding that any co
• Efrain Rivera Colon v. E. A. "Doug" Hendry
  408 F.2d 864· 5th Cir.· 1969-03-18 ·cited 12×·via Federal Habeas Corpus
  The court held that charging a state prisoner with a more serious felony after he successfully obtained a federal writ of habeas corpus for misdemeanor convictions, solely to make appointed counsel available, impermissibly burdens the right to seek habeas relief.
• McDANIEL v. State
  219 So. 2d 421· Fla.· 1969-02-12 ·cited 12×
  McDaniel, sentenced to life imprisonment for first-degree murder in 1963, filed for appellate counsel years later after becoming indigent and unable to afford private counsel. The Florida Supreme Court held that while indigent defendants have a constitutional right to appellate c
• Miller v. Willingham
  400 F.2d 873· 10th Cir.· 1968-09-23 ·cited 12×
  A federal sentence is not rendered ambiguous by the absence of explicit concurrent or consecutive instructions when the sentencing court is not required to recognize an uncompleted state sentence.
• Burton v. State OF Ala.
  396 F.2d 755· 5th Cir.· 1968-06-25 ·cited 12×
  The court held that a federal court cannot deny a habeas corpus petition based on non-exhaustion of state remedies without a finding that the petitioner deliberately bypassed those remedies.
• Humphries v. LaMoyne Green
  397 F.2d 67· 6th Cir.· 1968-06-12 ·cited 12×
• United States ex rel. George Lee Rivers v. Myers
  384 F.2d 737· 3d Cir.· 1967-10-20 ·cited 12×
  The court held that the second confession was unconstitutionally obtained due to exploitation of the defendant's mental deficiencies, but the first confession was admissible. The defendant was competent to enter a guilty plea.
• Isadora Olshen v. McMANN
  378 F.2d 993· 2d Cir.· 1967-06-09 ·cited 12×
  The court held that the appellant failed to demonstrate a conflict of interest or prejudice from his counsel's prior representation of a prosecution witness, thus affirming the dismissal of his habeas corpus petition.
• Wilson v. The Honorable George B. Harris
  378 F.2d 141· 9th Cir.· 1967-05-10 ·cited 12×·via Federal Habeas Corpus
  Discovery interrogatories are not authorized in federal habeas corpus proceedings under the Federal Rules of Civil Procedure or 28 U.S.C. § 2246.
• Boyd v. State OF Okla.
  375 F.2d 481· 10th Cir.· 1967-04-05 ·cited 12×·via Federal Habeas Corpus
  A state prisoner must exhaust available state remedies before seeking federal habeas corpus relief, and the mere possibility of an unfavorable outcome in state court does not render the remedy inadequate.
• Newman v. Rodriguez
  375 F.2d 712· 10th Cir.· 1967-04-04 ·cited 12×
  The court held that New Mexico's denial of credit for time served on a void sentence upon reconviction does not violate the Equal Protection Clause.
• Norman v. United States
  368 F.2d 645· 3d Cir.· 1966-10-28 ·cited 12×·via Habeas Corpus Proceedings
  The court held that the district court did not err in denying the motion to vacate the sentence without a hearing because the record conclusively showed the prisoner was entitled to no relief.
• United States ex rel. Grigorios Stellas v. Esperdy
  366 F.2d 266· 2d Cir.· 1966-08-30 ·cited 12×
  The court held that the regulation providing for automatic revocation of an approved visa petition upon withdrawal by a citizen spouse is invalid because it conflicts with the statutory requirement of 'good and sufficient cause' and denies due process.
• State of Fla. ex rel. Billy Joe Crabb v. Carson
  189 So. 2d 376· Fla. 1st DCA· 1966-07-27 ·cited 12×
  Three petitioners challenged bail amounts of $30,000 set in criminal cases for breaking and entering, grand larceny, and motor vehicle theft. The Florida appellate court held the bail was excessive under the state constitution and reduced it to $5,000 per charge, finding the orig
• Chester v. The People OF the State OF Cal.
  355 F.2d 778· 9th Cir.· 1966-01-27 ·cited 12×
  The court held that the district court erred in not considering all grounds for relief and in failing to determine if an evidentiary hearing was necessary for those grounds not previously adjudicated.
• Brown v. Warden, U. S. Penitentiary, & United States
  351 F.2d 564· 7th Cir.· 1965-10-07 ·cited 12×
  The court held that a probationer is not constitutionally entitled to appointed counsel in a probation revocation proceeding under the Federal Probation Act.
• Jolly v. Wainwright
  175 So. 2d 245· Fla. 2d DCA· 1965-05-21 ·cited 12×
  The Florida District Court of Appeal denied a petition for a writ of habeas corpus, holding that a prisoner cannot obtain relief simply because they were forcibly brought to Florida for trial without extradition.
• State of Fla. ex rel. Salvatore C. Pipia v. Buchanan
  168 So. 2d 783· Fla. 3d DCA· 1964-11-02 ·cited 12×
  The Florida District Court of Appeal granted a habeas corpus petition challenging a contempt sentence imposed by the circuit court, finding the contempt order fatally defective because the petitioner was denied an opportunity to be heard on the criminal contempt charge and the ci
• Acie Horton v. Bomar
  335 F.2d 583· 6th Cir.· 1964-08-21 ·cited 12×
  The court held that the denial of a writ of habeas corpus was proper because the appellant's claims lacked merit and did not present a federal constitutional question.
• Orval Lloyd Skinner v. United States
  326 F.2d 594· 8th Cir.· 1964-01-24 ·cited 12×·via Habeas Corpus Proceedings
  The court held that the district court's findings were not clearly erroneous and affirmed the denial of the motion to vacate sentence.
• United States ex rel. Evsey S. Petrushansky v. Marasco
  325 F.2d 562· 2d Cir.· 1963-12-30 ·cited 12×
  The court held that the arrest warrant was valid, the evidence presented was sufficient to establish probable cause for extradition, and the exclusion of certain testimony was proper.
• State of Fla. ex rel. Bernard M. Shotkin v. Buchanan
  149 So. 2d 574· Fla. 3d DCA· 1963-02-19 ·cited 12×
  A 71-year-old man was arrested in 1963 and incarcerated based on a contempt judgment entered in 1958, over five years earlier. The Florida Court of Appeal granted habeas corpus relief, holding that although there is generally no statute of limitations on enforcing valid judgments
• Bailey v. Henslee
  309 F.2d 840· 8th Cir.· 1962-11-20 ·cited 12×
  The court held that the original nine-month retrial period was not a reasonable time due to subsequent events and legal proceedings.
• Wood v. Cochran
  118 So. 2d 193· Fla.· 1960-02-12 ·cited 12×
  Raymond Wood petitioned for habeas corpus relief claiming his conviction for writing checks violated his constitutional rights based on recent Florida Supreme Court precedent establishing that written checks cannot constitute forgery without proof of receipt of something of value
• Reubin Wooten v. Wilkinson
  265 F.2d 211· 5th Cir.· 1959-04-01 ·cited 12×
  The court held that a conditional release violator forfeits all good time earned and must serve the remainder of their original sentence, plus any time for premature release.
• In re the Application for a Writ of Habeas Corpus of Cosmo A. Daloia v. Rhay
  252 F.2d 768· 9th Cir.· 1958-02-14 ·cited 12×
  The court held that the sentencing statute did not violate equal protection and that the appellant's claims were without merit, affirming the denial of his habeas corpus application.
• Loper v. Ellis
  224 F.2d 901· 5th Cir.· 1955-08-02 ·cited 12×
  The court held that a habeas corpus petition may be amended to cure deficiencies, and a hearing may be granted if the amended petition, with supporting evidence, sufficiently raises constitutional claims.
• Zahn v. Kipp
  218 F.2d 898· 7th Cir.· 1955-01-25 ·cited 12×
  The court held that the petitioner did not serve his federal sentence while incarcerated in state prison because the judgment did not specify the commencement date, and federal law requires sentences to begin upon receipt at a federal facility.
• Morton v. Steele
  217 F.2d 13· 8th Cir.· 1954-12-06 ·cited 12×
  The court held that the district court properly dismissed the petition for a writ of habeas corpus without a hearing.
• Johnson v. United States
  213 F.2d 492· 5th Cir.· 1954-06-15 ·cited 12×
  The court held that the judgment was valid and collateral attack under § 2255 was inappropriate, and that the district judge did not abuse discretion in denying the motion to vacate sentence. The denial of habeas corpus was also affirmed.
• Boyden v. Webb
  208 F.2d 201· 9th Cir.· 1953-11-27 ·cited 12×
  The court held that it had jurisdiction to hear the appeal because the application for a certificate of probable cause was timely filed, and that the district court did not err in denying the habeas corpus petition without a hearing, as the allegations did not demonstrate a viola
• Daniels v. Allen
  192 F.2d 763· 4th Cir.· 1951-11-05 ·cited 12×
  The court held that the prisoners' constitutional rights were so clearly violated and their access to review blocked by procedural technicalities that federal intervention via habeas corpus was warranted.
• United States ex rel. Heikkinen v. Gordon
  190 F.2d 16· 8th Cir.· 1951-06-20 ·cited 12×
  The court held that the Attorney General abused his discretion in rearresting the appellant and refusing to enlarge him on bail, as there was no evidence of menace to public security or conduct inconsistent with his prior bail.
• Goodwin v. Smyth
  181 F.2d 498· 4th Cir.· 1950-04-13 ·cited 12×
  The federal court properly denied the writ of habeas corpus because the state courts had already adjudicated the issues and there were no unusual circumstances justifying federal intervention.
• State v. Gene Nelson alias Eugene Nelson
  160 Fla. 744· Fla.· 1948-07-30 ·cited 12×·via Habeas Corpus Proceedings
  The Florida Supreme Court reversed a trial court's quashing of an information charging Gene Nelson as a second offender for sentencing purposes. The Court held that a prosecutor may file a second offender information after a defendant serves a sentence imposed without proper cons
• Gordon v. Scudder
  163 F.2d 518· 9th Cir.· 1947-08-26 ·cited 12×
  The court held that the appellant had not exhausted his state remedies because he failed to seek certiorari from the U.S. Supreme Court after the California Supreme Court denied his habeas corpus petition without opinion.
• United States ex rel. Knupfer v. Watkins
  159 F.2d 675· 2d Cir.· 1947-02-03 ·cited 12×
  The court held that a writ of habeas corpus was not an appropriate remedy to challenge a denaturalization decree when appellate remedies were available and had not been exhausted.
• Potter v. Dowd
  146 F.2d 244· 7th Cir.· 1944-12-08 ·cited 12×
  Federal courts should not deny a hearing on habeas corpus petitions alleging denial of federal constitutional rights, even if state remedies exist but are practically unavailable or inadequate.
• Bridges v. Wixon
  144 F.2d 927· 9th Cir.· 1944-06-26 ·cited 12×·via Habeas Corpus Proceedings
  The court held that there was some evidence to sustain the administrative charges, which is sufficient for review.