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. Milton Wilson v. Rowe
  454 F.2d 585· 7th Cir.· 1971-12-02 ·cited 10×·via Federal Habeas Corpus
  The court held that a federal court should not grant a writ of habeas corpus when the petitioner has not exhausted state remedies, even if state appellate procedures are slow, absent a showing that state processes are ineffective to protect rights.
• Barr v. Parker
  453 F.2d 865· 9th Cir.· 1971-11-16 ·cited 10×
  The court held that the Board of Parole retained jurisdiction to revoke parole even if supervision was not exercised due to comity with another state's jurisdiction, and the revocation warrant was valid if issued within the maximum sentence term.
• United States ex rel. Nester Roldan v. Follette
  450 F.2d 514· 2d Cir.· 1971-10-28 ·cited 10×·via Federal Habeas Corpus
  The court held that the appellant failed to demonstrate a basis for ordering an evidentiary hearing on his alleged deprivation of federal constitutional rights regarding the right to appeal from a guilty plea.
• Smith v. Follette
  445 F.2d 955· 2d Cir.· 1971-07-08 ·cited 10×·via Federal Habeas Corpus
  The court held that the applications were essentially habeas corpus petitions requiring exhaustion of state remedies.
• Hunter v. Swenson
  442 F.2d 625· 8th Cir.· 1971-04-26 ·cited 10×
  The court held that the appellant was not entitled to another evidentiary hearing on the voluntariness of his statements, as the issue had been fully developed and resolved in prior state court proceedings.
• Brown v. Brierley
  438 F.2d 954· 3d Cir.· 1971-02-19 ·cited 10×
  The court held that the Fourth Amendment does not prohibit the admission of evidence obtained when a suspect voluntarily relinquishes an item to police, even if the police harbored an undisclosed intent to conduct a ballistics test, as long as there was no coercion.
• Simmons v. United States
  437 F.2d 156· 5th Cir.· 1971-01-27 ·cited 10×·via Federal Habeas Corpus
  28 U.S.C. § 2255 is available to a prisoner in state custody attacking a future federal sentence, and a motion raising the same core claim, even with more detail, is considered a second or successive motion.
• Denny Lee Gafford v. Warden, U. S. Penitentiary, Leavenworth, Kan., & State of Alaska
  434 F.2d 318· 10th Cir.· 1970-11-16 ·cited 10×·via Federal Habeas Corpus
  The court held that an evidentiary hearing is necessary to determine whether jury misconduct occurred, as a juror's affidavit alleging consideration of outside evidence raises factual questions requiring resolution.
• Dickie Lee Lawrence v. Lake F. Russell
  430 F.2d 718· 6th Cir.· 1970-09-04 ·cited 10×
  The court held that the petitioner's guilty plea was voluntary and that the district court's denial of the writ of habeas corpus was correct.
• Stella v. Selective Serv. Sys. OF the United States OF Am.
  427 F.2d 887· 2d Cir.· 1970-06-08 ·cited 10×·via Habeas Corpus Proceedings
  The court held that the district court correctly denied jurisdiction because the registrant's induction order was not a 'blatantly lawless' action or a 'clear departure from its statutory mandate'.
• United States ex rel. Private Michael P. Healy v. Beatty
  424 F.2d 299· 5th Cir.· 1970-04-07 ·cited 10×·via Habeas Corpus Relief
  The court held that an applicant for conscientious objector discharge does not need to appeal to the Board for Correction of Military Records if no court-martial is pending, and that the Army's denial of discharge based on a lack of substantial change in religious beliefs subsequ
• United States ex rel. Joseph H. Milani v. Pate
  425 F.2d 6· 7th Cir.· 1970-04-02 ·cited 10×·via Habeas Corpus Review
  Incriminating statements made by a defendant to a fellow inmate, who is not acting as an agent of the police and is not instructed by them, are admissible even if made after indictment and in the absence of counsel.
• Proctor v. Harris
  413 F.2d 383· D.C. Cir.· 1969-04-29 ·cited 10×·via Habeas Corpus Proceedings
  The court held that while an indigent patient and their counsel may be entitled to psychiatric assistance in preparing for an adversarial hearing, the record did not demonstrate a denial of such assistance in this specific case.
• Salisbury v. Grimes
  406 F.2d 50· 5th Cir.· 1969-01-14 ·cited 10×·via Federal Habeas Corpus
  A white defendant cannot claim a violation of his constitutional rights based on the alleged systematic exclusion of Negro citizens from the grand jury that indicted him. Additionally, a harsher sentence imposed after a successful appeal is not unconstitutional if the trial jury
• Streets v. Louie L. Wainwright
  402 F.2d 87· 5th Cir.· 1968-10-15 ·cited 10×
  The court held that the factual allegations regarding a coerced guilty plea were sufficient to require an evidentiary hearing.
• French v. United States
  416 F.2d 1149· 9th Cir.· 1968-10-11 ·cited 10×·via Habeas Corpus Proceedings
  The court held that a trial judge has discretion to allow a late response to requests for admissions, relieving a party of default, and that illegally obtained evidence does not automatically invalidate a guilty plea unless it induced the plea.
• Manual Chavez v. Baker
  399 F.2d 943· 10th Cir.· 1968-09-16 ·cited 10×·via Federal Habeas Corpus
  The court affirmed the denial of the habeas corpus petition, finding the appellant's claims unsubstantial and that requiring re-presentation to state courts would not serve justice.
• Imbler v. Oliver
  397 F.2d 277· 9th Cir.· 1968-07-17 ·cited 10×
  A prisoner serving concurrent sentences is in custody under any of them for habeas corpus purposes, even if release would not result from a successful attack on one sentence.
• Wynn v. Page
  390 F.2d 545· 10th Cir.· 1968-03-08 ·cited 10×
  The court held that the trial court correctly denied the application to enforce its prior order because the prisoner had been released and was awaiting re-trial, and the prior order did not preclude re-trial.
• United States ex rel. Edgar H. Smith v. Yeager
  395 F.2d 245· 3d Cir.· 1968-01-02 ·cited 10×
• Huey R. LEE v. State OF Ala.
  373 F.2d 82· 5th Cir.· 1967-02-13 ·cited 10×·via Habeas Corpus Proceedings
  The court denied the motion for rehearing, holding that a prior state sanity hearing met the requirements of Townsend v. Sain, and no further federal hearing was required.
• Mann v. Louie L. Wainwright
  191 So. 2d 867· Fla. 1st DCA· 1966-11-15 ·cited 10×
  Mann sought habeas corpus relief attacking a consecutive sentence imposed by Alachua County while still serving a Broward County sentence. The court held that habeas corpus cannot be used to challenge a future consecutive sentence when the petitioner remains lawfully detained und
• Martin v. United States
  364 F.2d 894· C.C.P.A.· 1966-08-12 ·cited 10×
  The court held that a defendant's voluntary guilty plea waives claims about the minor nature of his role in the offense, and sentence disparity with a co-defendant is not an abuse of discretion if within legal limits.
• Wilmer W. Evans v. Eyman
  363 F.2d 540· 9th Cir.· 1966-07-13 ·cited 10×·via Federal Habeas Corpus
  A federal court must grant an evidentiary hearing in a habeas corpus proceeding when a factual dispute is presented and the merits of that dispute were not resolved in a state hearing.
• Pierce v. Page
  362 F.2d 534· 10th Cir.· 1966-06-24 ·cited 10×·via Federal Habeas Corpus
  Federal habeas corpus is unavailable to review alleged errors in a state criminal trial that do not violate fundamental liberties.
• Orin W. Shultz v. State OF Neb.
  353 F.2d 81· 8th Cir.· 1965-12-06 ·cited 10×·via Federal Habeas Corpus
  The court held that the district court correctly denied the habeas corpus petition, as the issues raised did not involve federal constitutional questions and the factual findings were supported by substantial evidence.
• Finan v. Crouse
  352 F.2d 507· 10th Cir.· 1965-11-12 ·cited 10×
  The court held that the petitioner failed to exhaust state remedies and the delay did not constitute a due process violation.
• Logan Peter Rollins v. Haskins
  348 F.2d 454· 6th Cir.· 1965-07-01 ·cited 10×
  Federal courts lack jurisdiction to hear a habeas corpus petition if the petitioner has not exhausted available state remedies, including the possibility of a delayed appeal.
• Smith v. State
  176 So. 2d 383· Fla. 3d DCA· 1965-06-22 ·cited 10×
  Willie Thomas Smith was convicted of breaking and entering and grand larceny after a bench trial. He filed a petition to vacate claiming deprivation of a fair trial but alleged only legal conclusions without factual support. The appellate court affirmed the trial court's summary
• United States ex rel. LAM HAI Cheung v. Esperdy
  345 F.2d 989· 2d Cir.· 1965-05-27 ·cited 10×
  A temporary parolee whose parole has expired is not entitled to a hearing prior to expulsion from the country.
• State of Fla. ex rel. Leno Joseph Risatti v. Eaton
  161 So. 2d 549· Fla. 2d DCA· 1964-03-11 ·cited 10×
  Risatti, committed to a state hospital after acquittal by reason of insanity on a murder charge, petitioned for habeas corpus alleging illegal detention. The Florida appellate court denied the petition, finding the trial court's commitment order was legal and based on substantial
• Pate v. Page
  325 F.2d 567· 10th Cir.· 1963-12-18 ·cited 10×·via Federal Habeas Corpus
  The court held that the petitioner's confession was voluntary and admissible, affirming the denial of his federal habeas corpus petition.
• United States ex rel. William J. Stacey v. Pate
  324 F.2d 934· 7th Cir.· 1963-11-21 ·cited 10×
  The court held that the voluntary surrender of a bloodstained shirt by the petitioner's wife, without a warrant, did not constitute an unlawful search, and therefore the petitioner's subsequent confession was not tainted by illegally obtained evidence.
• Bohm v. State OF Alaska
  320 F.2d 851· 9th Cir.· 1963-07-16 ·cited 10×
  The court held that the habeas corpus application must be dismissed because the State of Alaska was improperly named as the respondent instead of the warden of the penitentiary where the petitioner was held.
• Nolan v. Elbert V. Nash
  316 F.2d 776· 8th Cir.· 1963-05-08 ·cited 10×
  The court held that the District Court properly denied the application for a writ of habeas corpus without a hearing, as the issues raised were previously decided and the record supported those determinations.
• Mattoon v. Rhay
  313 F.2d 683· 9th Cir.· 1963-02-04 ·cited 10×·via Federal Habeas Corpus
  The court held that the delay in bringing the appellant to trial was not so unreasonable as to deny him due process of law or violate his Sixth Amendment right to a speedy trial.
• Deitle v. United States
  302 F.2d 116· 7th Cir.· 1962-04-27 ·cited 10×
  The court held that the district court did not abuse its discretion in denying the defendant's motions and fully complied with the Supreme Court's mandate for a hearing.
• Greer v. Culver
  113 So. 2d 386· Fla.· 1959-06-26 ·cited 10×
  The court held that the petitioner's second conviction for issuing a worthless check constituted a misdemeanor, not a felony, and that the maximum sentence for that offense had already expired, entitling him to release.
• Northcutt v. Wilkinson
  266 F.2d 2· 5th Cir.· 1959-04-30 ·cited 10×
  The court held that the appellant's forfeited good time, when added to the days he was prematurely released, correctly calculated the remaining sentence, thus denying his habeas corpus petition.
• Irvin v. Dowd
  251 F.2d 548· 7th Cir.· 1958-01-29 ·cited 10×
  The court affirmed the denial of the habeas corpus petition, finding that the petitioner had not exhausted state remedies and that the Indiana Supreme Court's decision was not subject to review in this federal proceeding.
• United States ex rel. Willie Lowery v. Murphy
  245 F.2d 751· 2d Cir.· 1957-06-26 ·cited 10×
  The court denied the petition for a certificate of probable cause, appointment of counsel, and leave to appeal in forma pauperis.
• Cruz-Sanchez v. Robinson
  249 F.2d 771· 9th Cir.· 1957-06-15 ·cited 10×
• United States v. Holton
  222 F.2d 840· 7th Cir.· 1955-06-01 ·cited 10×
  The court held that the Board of Immigration Appeals erred in reversing the Special Inquiry Officer's finding, as the deportation order was not based on reasonable, substantial, and probative evidence.
• Caryl Chessman v. Harley O. Teets
  221 F.2d 276· 9th Cir.· 1955-04-07 ·cited 10×
  The court held that the appellant was not denied due process and waived his right to counsel.
• Dewolf v. Waters
  205 F.2d 234· 10th Cir.· 1953-06-09 ·cited 10×
  The court held that the petitioner was not denied his constitutional right to counsel and that the trial court did not abuse its discretion regarding courtroom security and restraints.
• United States ex rel. Young v. Shaughnessy
  194 F.2d 474· 2d Cir.· 1952-02-13 ·cited 10×·via Habeas Corpus Proceedings
  The court held that the relator failed to make a clear and convincing showing that the denial of bail was without reasonable foundation.
• Collins v. Frisbie
  189 F.2d 464· 6th Cir.· 1951-05-28 ·cited 10×·via Federal Habeas Corpus
  The judgment of the District Court dismissing the application should be affirmed.
• Coggins v. O'Brien
  188 F.2d 130· 1st Cir.· 1951-03-15 ·cited 10×
  The court affirmed the dismissal of the habeas corpus petition, finding that the state courts afforded the petitioner a constitutionally adequate opportunity to prove his claims.
• United States ex rel. Parker v. Ragen
  167 F.2d 792· 7th Cir.· 1948-05-07 ·cited 10×
  A writ of habeas corpus cannot issue to challenge a sentence when the petitioner is lawfully detained under another valid sentence.
• Sanford v. Callan
  148 F.2d 376· 5th Cir.· 1945-04-06 ·cited 10×
  The court held that the petitioner waived any defect in the oath administration by his subsequent actions and conduct, and thus the court-martial had jurisdiction.