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

• Yeaman v. United States
  326 F.2d 293· 9th Cir.· 1963-12-18 ·cited 6×
  The court held that a prior state sentence completed before the federal sentence was entered cannot be considered concurrent with the federal sentence. It also held that a hearing is not required when the merits of a habeas corpus petition can be determined from the record.
• Howerton v. Rivers
  326 F.2d 653· D.C. Cir.· 1963-11-21 ·cited 6×
  The court held that the District Parole Board properly applied the D.C. Code in revoking parole and forfeiting good time, and that the issue of the recommitment date extending beyond the original maximum sentence is not yet ripe for review.
• Gentilli v. Louie L. Wainwright
  157 So. 2d 419· Fla.· 1963-11-06 ·cited 6×
  Anthony Gentilli petitioned for habeas corpus challenging his murder conviction, arguing he was incompetent to stand trial. The Florida Supreme Court held that the trial court violated Florida law by failing to conduct a statutory sanity hearing before trial, despite having reaso
• Reed v. Rhay
  323 F.2d 498· 9th Cir.· 1963-10-14 ·cited 6×
  The court held that the information charging burglary was valid and that the search and seizure did not violate the Constitution, affirming the lower court's denial of the habeas corpus petition.
• Peterson v. Louie L. Wainwright
  155 So. 2d 542· Fla.· 1963-07-31 ·cited 6×
  The Florida Supreme Court, pursuant to a remand from the U.S. Supreme Court, vacated its prior judgment and appointed a special commissioner to hear evidence on whether the petitioner was denied the right to counsel when he entered his guilty plea. This case addresses fundamental
• Byers v. Cochran
  143 So. 2d 319· Fla.· 1962-07-06 ·cited 6×
  A petitioner cannot challenge a consecutive sentence via habeas corpus before it has begun to be served.
• Seelig v. The United States
  310 F.2d 243· 8th Cir.· 1962-06-01 ·cited 6×
  The court denied petitioner's application for leave to proceed on appeal in forma pauperis.
• In re Allen
  140 So. 2d 640· Fla. 1st DCA· 1962-04-19 ·cited 6×
  A conviction for escape is a substantive offense, and the punishment for escape is separate from the punishment for the offense for which the prisoner was confined.
• Sunday v. Madigan
  301 F.2d 871· 9th Cir.· 1962-03-30 ·cited 6×·via Habeas Corpus Review
  The Uniform Code of Military Justice became effective in Korea at midnight on May 30-31, 1951, Korean standard time, and thus Article 120 was not applied ex post facto.
• Whittaker v. Winfred Overholser
  299 F.2d 447· D.C. Cir.· 1962-01-25 ·cited 6×
  The court held that the district court's dismissal of a habeas corpus petition without clear findings of fact or conclusions of law was improper, requiring remand.
• Hanovich v. Beryl C. Sacks
  290 F.2d 798· 6th Cir.· 1961-06-09 ·cited 6×
  The court held that the state court had jurisdiction and the petitioner's federal constitutional rights were not violated, affirming the denial of the writ of habeas corpus.
• Sonnenberg v. Markley
  289 F.2d 126· 7th Cir.· 1961-04-06 ·cited 6×
  The Attorney General has discretion to transfer a juvenile delinquent committed to his custody to any penal institution, including those for adult criminals, provided it has appropriate facilities for treatment.
• Rayburn M. Pasley v. Overholser
  282 F.2d 494· D.C. Cir.· 1960-07-19 ·cited 6×
• United States ex rel. Ronald H. Connelly v. Cormier
  279 F.2d 37· 5th Cir.· 1960-06-15 ·cited 6×·via Federal Habeas Corpus
  The court held that the appellant had not exhausted his state remedies before seeking federal habeas corpus relief.
• Carbo v. United States
  277 F.2d 433· 9th Cir.· 1960-03-23 ·cited 6×·via Writ Of Habeas Corpus Ad Subjiciendum
  The court held that the district court had the power to issue a writ of habeas corpus ad prosequendum to bring a defendant from another district for trial, as it was necessary and appropriate in aid of its jurisdiction.
• Boyd v. Cochran
  118 So. 2d 627· Fla.· 1960-03-09 ·cited 6×
  The Florida Supreme Court quashed a writ of habeas corpus, holding that it could not be used to relitigate issues that were essential to the petitioner's conviction and could have been raised on appeal. The court emphasized that habeas corpus is not a substitute for an appeal.
• Royal v. United States
  274 F.2d 846· 10th Cir.· 1960-01-19 ·cited 6×·via Habeas Corpus Proceedings
  The court held that the commitment of a mentally incompetent defendant charged with a federal offense is proper even if the insanity is permanent, and the trial court did not err in refusing to appoint a psychiatrist of the defendant's choice.
• The United States v. Kniess
  251 F.2d 669· 7th Cir.· 1958-01-17 ·cited 6×
  Federal courts generally lack jurisdiction to inquire into the care, custody, and discipline of prisoners.
• In re Cardwell
  256 F.2d 576· 9th Cir.· 1957-11-27 ·cited 6×
  The court held that the sufficiency of an indictment cannot be challenged by a petition for habeas corpus unless no crime was charged on its face.
• United States ex rel. Sullivan v. Heinze
  250 F.2d 427· 9th Cir.· 1957-11-19 ·cited 6×
  The court denied the petition for a certificate of probable cause and the petition for a writ of habeas corpus.
• Devandlis Wiggins v. Ragen
  238 F.2d 309· 7th Cir.· 1956-10-25 ·cited 6×
  The court denied the petition for rehearing, reaffirming that while federal courts generally defer to state court decisions on constitutional rights, they must hold a hearing if the averments present unusual circumstances.
• NG Yip Yee v. Barber
  210 F.2d 613· 9th Cir.· 1954-02-04 ·cited 6×
  The court held that the district court lacked jurisdiction to entertain a habeas corpus petition from an individual detained pending exclusion proceedings, as the individual had not exhausted administrative remedies.
• State ex rel. Shropshire v. Mayo
  68 So. 2d 393· Fla.· 1953-11-20 ·cited 6×
  The Florida Supreme Court considered a report from a circuit judge regarding a prisoner's claim that he was under the influence of narcotics during his arraignment and plea. The court accepted the report, overruled the prisoner's exceptions, and discharged the writ of habeas corp
• Stillwell v. Looney
  207 F.2d 359· 10th Cir.· 1953-10-05 ·cited 6×
  The Federal Parole Board had jurisdiction to revoke the parole of a prisoner transferred to an institution designated by the Attorney General, as the amendment conferring this power was procedural.
• O'Connor v. Hunter
  192 F.2d 179· 10th Cir.· 1951-10-20 ·cited 6×
  The court held that good time earned under a military sentence, when confined in a civil institution, is computed at the statutory rate for civil institutions, not the military rate.
• Ekberg v. McGEE
  191 F.2d 625· 9th Cir.· 1951-08-31 ·cited 6×
• United States ex rel. Rubio v. Jordan
  190 F.2d 573· 7th Cir.· 1951-07-24 ·cited 6×
  The court held that the petitioner's voluntary re-entry into the United States without a valid visa, despite a prior deportation, constituted an illegal entry, and the prior deportation proceedings were not so fundamentally flawed as to justify a collateral attack.
• United States ex rel. DE George v. Jordan
  183 F.2d 768· 7th Cir.· 1950-07-10 ·cited 6×
  The court held that evading the payment of taxes on liquor, or conspiring to do so, does not constitute a crime involving moral turpitude under the Immigration Act of 1917, and therefore does not warrant deportation.
• United States ex rel. Frisch v. Miller
  181 F.2d 360· 5th Cir.· 1950-04-07 ·cited 6×
  The Administrative Procedure Act does not apply to exclusion proceedings before Immigration and Naturalization Service Special Boards of Inquiry, as these boards are specifically provided for by statute.
• Brewster v. Swope
  180 F.2d 984· 9th Cir.· 1950-03-20 ·cited 6×
  The court held that a rehearing ordered after the disapproval of an initial court-martial sentence does not violate the Fifth Amendment's double jeopardy clause, nor is a subsequent sentence void if it is not in excess of the original sentence.
• Dalton v. Hunter
  174 F.2d 633· 10th Cir.· 1949-05-10 ·cited 6×·via Habeas Corpus Review
  A guilty plea waives factual defenses, and habeas corpus is limited to reviewing jurisdiction and whether the indictment charged a penal offense.
• O'Neal Massey v. Moore
  173 F.2d 980· 5th Cir.· 1949-05-09 ·cited 6×
• United States ex rel. Willumeit v. Watkins
  171 F.2d 773· 2d Cir.· 1949-01-03 ·cited 6×
  The court held that an alien convicted of violating 50 U.S.C.A. § 34 may be deported under 8 U.S.C.A. § 157, even if he was a naturalized citizen at the time of the conviction.
• Moncado v. Ramsey
  167 F.2d 191· 8th Cir.· 1948-04-07 ·cited 6×
  The court held that the administrative determination of alien status and deportability was binding and that the appellant received a fair hearing.
• Setser v. Welch
  159 F.2d 703· 4th Cir.· 1947-02-01 ·cited 6×
  The court held that the appellant's claims were without merit and that the writ of habeas corpus was abused.
• Davis v. Smyth
  155 F.2d 3· 4th Cir.· 1946-04-08 ·cited 6×·via Writ Of Habeas Corpus Ad Subjiciendum
  A federal court will not entertain a habeas corpus petition from a state prisoner claiming a federal constitutional violation until the prisoner has exhausted all available state court remedies, including seeking review in the U.S. Supreme Court.
• Eury v. Huff
  146 F.2d 17· D.C. Cir.· 1944-11-30 ·cited 6×
  Habeas corpus cannot be used to retry the sufficiency of evidence or review pre-indictment misconduct.
• United States ex rel. Randall v. United States Marshal for E. Dist. of N.Y.
  143 F.2d 830· 2d Cir.· 1944-07-06 ·cited 6×
  A final judgment and sentence for violating the National Prohibition Act are unaffected by the subsequent repeal of the Eighteenth Amendment and remain enforceable.
• Kelly v. United States
  138 F.2d 489· 9th Cir.· 1943-10-14 ·cited 6×
  A motion in the nature of a proceeding coram nobis to set aside a sentence is not warranted where the defendant knew the facts but was ignorant of the law, and there was no fraud or misconduct by the prosecution.
• Carroll v. Squier
  136 F.2d 571· 9th Cir.· 1943-06-11 ·cited 6×
  The court held that a prisoner released conditionally who is subsequently convicted of another crime has his original sentence interrupted and does not serve the sentences concurrently.
• Farrior v. State of Fla. Ex rel. Foster Compton
  152 Fla. 754· Fla.· 1943-04-23 ·cited 6×·via Habeas Corpus Review
  Foster Compton, a hotel operator holding a valid occupational license, was convicted under a statute that explicitly exempted licensed hotel operators. The Florida Supreme Court affirmed the lower court's decision to overturn the conviction, holding that Compton's hotel satisfied
• State v. Mayo
  137 Fla. 781· Fla.· 1939-05-19 ·cited 6×
  Pearl Seay challenges his imprisonment after being convicted of larceny and sentenced to two years hard labor. The Florida Supreme Court holds that his commitment to prison was void because it was issued while his conviction judgment was lawfully superseded by a supersedeas bond,
• Clemons v. Chase
  120 Fla. 429· Fla.· 1935-07-10 ·cited 6×
  The Florida Supreme Court held that Lake Hatchineha, formerly part of the larger Lake Cypress, is located in Osceola County rather than Polk County, and therefore discharged Lonnie Clemons from custody because the Polk County court lacked jurisdiction to prosecute him for seining
• Blackwelder v. Morris
  89 Fla. 87· Fla.· 1925-02-05 ·cited 6×·via Habeas Corpus Proceedings
  E. H. Blackwelder was convicted of reckless operation of an automobile while intoxicated and sought habeas corpus relief. The Florida Supreme Court affirmed the lower court's remand for resentencing because the original sentence violated a mandatory statutory requirement to impos
• The State of Fla. ex rel. Frank S. Porter v. Vinzant
  49 Fla. 130· Fla.· 1905-01-01 ·cited 6×·via Habeas Corpus Proceedings
  The Florida Supreme Court dismissed an appeal because the writ of error was not properly allowed or granted as required by statute, meaning the court lacked jurisdiction to hear the case.
• Wendall Hall v. Sec'y, Dep't of Corr.
  N.D. Fla.· 2025-11-21 ·cited 5×·via Federal Habeas Corpus
  The court held that the petitioner's claims are procedurally defaulted because the state courts relied on independent and adequate state-law procedural grounds, and the petitioner failed to establish cause for the default or demonstrate a miscarriage of justice.
• Christin Bilotti v. Fla. Dep't of Corr.
  133 F.4th 1320· 11th Cir.· 2025-04-11 ·cited 5×·via Federal Habeas Corpus
  Christin Bilotti was convicted of second-degree murder in Florida and sought federal habeas relief, claiming her trial counsel was ineffective for failing to preserve a religion-based Batson challenge to a juror strike and for failing to object to jury instructions on the element
• Campbell v. State of Fla. & John William Campbell v. Julie J. Jones
  271 So. 3d 914· Fla.· 2018-11-29 ·cited 5×
  Trial counsel was not ineffective for failing to suppress Campbell's statements because counsel made a reasonable strategic decision to introduce the hospital statements to demonstrate Campbell's remorse and emotional state, thereby negating or reducing his culpability, and the j
• Anton J. Krawczuk v. Sec'y, Fla. Dep't OF Corr.
  873 F.3d 1273· 11th Cir.· 2017-10-18 ·cited 5×·via Habeas Corpus Relief
  Anton Krawczuk, a Florida death row inmate, appealed the denial of his 28 U.S.C. § 2254 habeas petition challenging his conviction and death sentence for the brutal 1990 murder of David Staker. Krawczuk claimed his trial counsel, Barbara LeGrande, rendered ineffective assistance
• Orme v. State
  214 So. 3d 1269· Fla.· 2017-03-30 ·cited 5×
  The Florida Supreme Court granted death row inmate Roderick Orme a new penalty phase based on the U.S. Supreme Court's decision in Hurst v. Florida, which requires that a jury—not a judge—unanimously find all facts necessary to impose a death sentence. The Court found that the 11