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

• Young v. State OF Md.
  455 F.2d 679· 4th Cir.· 1972-02-07 ·cited 6×·via Habeas Corpus Relief
  The admission of the trenchcoat, even if illegally seized, was harmless error beyond a reasonable doubt because the defendant admitted the act of intercourse and wearing the coat, and the coat's stains did not prejudice his defense.
• Ottis Mayo Jones v. United States
  453 F.2d 351· 5th Cir.· 1972-01-07 ·cited 6×
  The court held that the district court did not abuse its discretion in denying the various motions and that the rulings were without error.
• Jones v. Cupp
  452 F.2d 1091· 9th Cir.· 1971-12-29 ·cited 6×
  The court held that a guilty plea is valid even if induced by a prior coerced confession, provided the plea itself was voluntary and intelligently entered with competent counsel. It also held that the prospective application of a reduced criminal penalty does not violate equal pr
• Eugene v. Ross
  451 F.2d 298· 5th Cir.· 1971-11-22 ·cited 6×·via Federal Habeas Corpus
  The court held that the district court erred in denying habeas corpus relief without an evidentiary hearing, as the petitioner's allegations regarding misleading advice about his guilty plea were not conclusively refuted by the record.
• Eskridge v. United States
  443 F.2d 440· 10th Cir.· 1971-06-07 ·cited 6×·via Habeas Corpus Relief
  The court held that the trial court was justified in denying the appellant's petition to set aside guilty pleas and convictions without an evidentiary hearing.
• Mitchell v. Salisbury
  443 F.2d 324· 6th Cir.· 1971-06-04 ·cited 6×
  The court affirmed the district court's finding that the petitioner had filed a timely notice of appeal, but modified the order to avoid directing the state court's actions.
• United States ex rel. Edwin Walker v. Maroney
  444 F.2d 47· 3d Cir.· 1971-05-24 ·cited 6×
  The court held that the Supreme Court's decision in Coleman v. Alabama should not be applied retroactively to the relator's preliminary hearing.
• State of Fla. ex rel. v. Purdy
  242 So. 2d 498· Fla. 3d DCA· 1971-01-05 ·cited 6×
  A Florida appellate court rejected a class action petition for habeas corpus relief filed by an incarcerated individual claiming that he and others similarly situated were denied notice of their right to counsel at preliminary hearings. The court held that class actions are not a
• Schram v. Hoyt C. Cupp
  436 F.2d 692· 9th Cir.· 1970-11-25 ·cited 6×·via Federal Habeas Corpus
  The dissenting judge believes the majority erred by not granting a hearing to assess the credibility of the petitioner's assertion of non-knowing waiver of counsel.
• Donlavey v. Smith
  432 F.2d 940· 5th Cir.· 1970-09-28 ·cited 6×·via Federal Habeas Corpus
  The court held that the petitioner did not effectively present his claim of denial of counsel at the preliminary hearing to the state courts, and therefore has not exhausted his state remedies.
• Williams v. Nelson
  431 F.2d 932· 9th Cir.· 1970-08-18 ·cited 6×·via Federal Habeas Corpus
  The court held that the district court correctly denied the petition for a writ of habeas corpus because the appellant failed to exhaust his state remedies.
• Buck Buster v. Hocker
  428 F.2d 820· 9th Cir.· 1970-07-02 ·cited 6×·via Habeas Corpus Review
• Petition of Alphonse Vincent Castaldi for a Writ of Habeas Corpus. Alphonse Vincent Castaldi
  428 F.2d 371· 8th Cir.· 1970-06-24 ·cited 6×
  The court held that the Parole Board has discretion to delay the execution of a parole violator warrant, and the delay in this case was not unreasonable.
• United States ex rel. William Cadogan v. Hon. J. Edwin LaVALLEE
  428 F.2d 165· 2d Cir.· 1970-06-05 ·cited 6×
  The court held that the denial of the suppression hearing transcript was harmless error given the overwhelming evidence of guilt and the transcript's lack of exculpatory value.
• Tucker v. Louie L. Wainwright
  235 So. 2d 38· Fla. 2d DCA· 1970-05-06 ·cited 6×·via Habeas Corpus Review
  The petition for writ of habeas corpus is discharged because the notice of appeal was not timely filed.
• O'Hara v. Louie L. Wainwright
  233 So. 2d 429· Fla. 2d DCA· 1970-03-25 ·cited 6×
  Willie O'Hara filed a petition for habeas corpus challenging the legality of his conviction for a criminal offense after jury trial. The Florida District Court of Appeal issued the writ and appointed a circuit judge as commissioner to take testimony and resolve factual disputes b
• United States ex rel. Lee Pao FEN v. Esperdy
  423 F.2d 6· 2d Cir.· 1970-03-12 ·cited 6×
  The court held that the denial of a stay of deportation was not an abuse of discretion, as the alien's conduct was dilatory and lacked good faith.
• Riley v. Perini
  422 F.2d 397· 6th Cir.· 1970-02-27 ·cited 6×
  Federal courts may only review state parole board actions for constitutional violations, not for abuse of discretion.
• Hudson v. Crouse
  420 F.2d 416· 10th Cir.· 1970-01-21 ·cited 6×·via Federal Habeas Corpus
  The court held that the petitioner has failed to exhaust his state court remedies, and therefore his federal habeas corpus motion must be dismissed as premature.
• Euge v. J. Earl Smith, M.D.
  418 F.2d 1296· 8th Cir.· 1969-12-10 ·cited 6×
  A federal court cannot grant an injunction to stay state court proceedings except in limited circumstances, and this case does not fall within those exceptions.
• United States ex rel. Alfred James Gary v. Follette
  418 F.2d 609· 2d Cir.· 1969-11-17 ·cited 6×
  The court held that the arrest was lawful because the informant's tip, corroborated by the suspects' actions and the appellant's presence, provided probable cause.
• Braun v. Rhay
  416 F.2d 1055· 9th Cir.· 1969-09-15 ·cited 6×
  The court held that a resentencing without counsel violates the Sixth Amendment, and prior convictions affecting probation eligibility can be challenged in federal habeas corpus even if valid when imposed.
• Daniels v. Nelson
  415 F.2d 323· 9th Cir.· 1969-08-14 ·cited 6×·via Federal Habeas Corpus
  The court held that a state prisoner's federal habeas corpus petition is premature while his direct appeal in the state court is still pending.
• Hill v. Beto
  412 F.2d 831· 5th Cir.· 1969-06-10 ·cited 6×·via Federal Habeas Corpus
  The court held that the state trial court erred in allowing the prosecutor to cross-examine the petitioner regarding the truth or falsity of his confession when determining its admissibility.
• United States ex rel. Daniel Bolish v. Maroney
  409 F.2d 1404· 3d Cir.· 1969-04-24 ·cited 6×
• Woodington v. Mathews
  401 F.2d 125· 7th Cir.· 1968-09-20 ·cited 6×
  The court affirmed the district court's denial of the writ of habeas corpus, holding that federal courts should defer to state court decisions on the merits when federal standards have been met.
• Ferenc v. Thursby
  212 So. 2d 887· Fla. 1st DCA· 1968-07-25 ·cited 6×
  This case involves an appeal from a denial of a petition for a writ of habeas corpus. The appellate court granted the state's motion to quash the appeal, finding it frivolous because habeas corpus cannot be used to test the legality of an arrest before trial.
• Poole v. Cletus J. Fitzharris
  396 F.2d 544· 9th Cir.· 1968-06-12 ·cited 6×
  The court held that a defense attorney can waive certain Sixth Amendment rights, like confrontation, as a matter of trial strategy, absent exceptional circumstances.
• United States ex rel. Rushing Greer v. Pate
  393 F.2d 44· 7th Cir.· 1968-03-04 ·cited 6×·via Habeas Corpus Review
  The court held that the relator was properly tried by the State of Illinois, and that prosecutorial comments on the defendant's failure to testify were not grounds for habeas corpus relief as the conviction predated the Supreme Court's decision in Griffin v. California and subseq
• Wilson v. Honorable Stanley A. Weigel
  387 F.2d 632· 9th Cir.· 1967-12-01 ·cited 6×·via Habeas Corpus Proceedings
  The court held that while general discovery depositions are not authorized in habeas corpus proceedings, evidentiary depositions may be permissible under certain circumstances, and the district court's discretion in managing such proceedings should not be overridden by mandamus.
• Barbosa v. Wilson
  385 F.2d 319· 9th Cir.· 1967-10-30 ·cited 6×
  The court held that a prior conviction dismissed under California Penal Code § 1203.4 is still considered a felony for sentencing purposes under Health and Safety Code § 11501, and that the appellant was not deprived of due process.
• United States ex rel. Orville Waldron v. Pate
  380 F.2d 94· 7th Cir.· 1967-06-22 ·cited 6×·via Federal Habeas Corpus
  The court held that the district court properly dismissed the habeas corpus petition for failure to exhaust state remedies, as the petitioner had not presented his newly asserted constitutional claims to the state courts.
• Rambo v. Peyton
  380 F.2d 363· 4th Cir.· 1967-06-21 ·cited 6×·via Federal Habeas Corpus
  The court affirmed the dismissal of the federal habeas corpus petition, finding no merit in the petitioner's contentions.
• Anders v. Turner
  379 F.2d 46· 4th Cir.· 1967-05-29 ·cited 6×
  The District Court erred in holding that the withdrawal of an appeal constituted a waiver of a federal claim regarding an involuntary guilty plea, especially when state courts had addressed the claim on its merits.
• Norris v. Wilson
  378 F.2d 324· 9th Cir.· 1967-05-23 ·cited 6×
  A conviction following a guilty plea is based solely on the plea, not on prior evidence, and forecloses collateral attack unless the plea was coerced.
• Humphries v. The State OF Okla. & the Dist. Court of Garvin Cnty.
  373 F.2d 200· 10th Cir.· 1967-02-13 ·cited 6×
  The court held that a discrepancy in the date of a waiver of rights, coupled with an allegation of duress and lack of counsel, warrants a hearing to determine the waiver's validity.
• Smith v. Wilson
  371 F.2d 681· 9th Cir.· 1967-01-18 ·cited 6×
  The court held that the district court erred in dismissing the habeas corpus petition without resolving factual issues regarding exhaustion of state remedies and the applicability of McNally v. Hill.
• Wilson v. Blabon
  370 F.2d 997· 9th Cir.· 1967-01-06 ·cited 6×·via Federal Habeas Corpus
  The dissenting judge would affirm the district court's decision, finding the appellee's confinement based on an invalid conviction to be unjust and lacking jurisdictional foundation.
• Litterio v. Parker
  369 F.2d 395· 3d Cir.· 1966-12-05 ·cited 6×
  The court held that a motion under 28 U.S.C.A. § 2255 is the exclusive remedy for federal prisoners to attack their sentences, and failure to succeed on such a motion does not render it inadequate or ineffective.
• Thornton v. United States
  368 F.2d 822· D.C. Cir.· 1966-10-06 ·cited 6×·via Federal Habeas Corpus
  28 U.S.C. § 2255 is available to federal prisoners to challenge the introduction of unlawfully obtained evidence, but claims previously litigated or deliberately bypassed on appeal may be dismissed.
• Smith v. State OF Md.
  362 F.2d 763· 4th Cir.· 1966-06-17 ·cited 6×·via Federal Habeas Corpus
  A federal habeas corpus petition was properly denied because the petitioner, a believer in God, could not claim a violation of equal protection or due process based on the exclusion of nonbelievers from the grand jury, especially when the state court had limited the retroactivity
• Madison v. Tahash
  359 F.2d 60· 8th Cir.· 1966-04-18 ·cited 6×
  The court denied the petitioner's application for a certificate of probable cause, affirming the district court's denial of the writ of habeas corpus.
• Carpenter v. Crouse
  358 F.2d 701· 10th Cir.· 1966-04-07 ·cited 6×
  The court held that even if the Habitual Criminal Act was improperly applied, the petitioner is not entitled to immediate release because the enhanced sentence is separable from the original sentence for burglary and larceny.
• Saunders v. Buckhoe
  346 F.2d 558· 6th Cir.· 1965-06-10 ·cited 6×
  The court held that the trial court had jurisdiction to try the defendant for assault with intent to commit armed robbery based on the information filed, and that the conviction was not void due to the lack of a grand jury indictment.
• Olson v. Tahash
  344 F.2d 139· 8th Cir.· 1965-04-06 ·cited 6×
  The court held that the defendant failed to demonstrate a deprivation of federal constitutional rights, and thus the lower court properly denied his petition for a writ of habeas corpus.
• Buchanan v. State of Fla. ex rel. Morgan D. Morris
  167 So. 2d 43· Fla. 3d DCA· 1964-08-25 ·cited 6×·via Habeas Corpus Review
  A Florida appellate court reversed a circuit court's grant of habeas corpus relief to a defendant convicted of drunk driving as a second offender. The court held that habeas corpus is not available to challenge the sufficiency of an affidavit or complaint when the accusatory plea
• Huntington v. State OF Mich.
  334 F.2d 615· 6th Cir.· 1964-07-30 ·cited 6×
  The court held that constitutional rights were not violated and affirmed the district court's denial of the habeas corpus petition.
• Austin v. United States
  334 F.2d 75· 6th Cir.· 1964-07-15 ·cited 6×
  The court held that the district court's findings were supported by evidence and that the appellant's contentions lacked merit.
• Courtie U. Blakesley v. Crouse
  332 F.2d 849· 10th Cir.· 1964-06-19 ·cited 6×
  The court held that the dismissal of the habeas corpus application was proper because the grounds raised were without merit and the defendant waived any right to a Kansas-licensed attorney.
• United States v. Bailey
  331 F.2d 218· 7th Cir.· 1964-04-29 ·cited 6×·via Federal Habeas Corpus
  The defense of entrapment is not available under 28 U.S.C. § 2255 for collateral attack when it could have been raised on direct appeal, and thus a hearing was not required.