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

• Soap v. Carter
  632 F.2d 872· 10th Cir.· 1980-10-24 ·cited 4×·via Federal Habeas Corpus
  The court held that a prosecutor's racially prejudicial remarks in closing argument, which appealed to stereotypes and created a probability of jury impairment, violated the petitioner's due process rights.
• State of Fla. ex rel. John Meyers v. Miller
  388 So. 2d 1358· Fla. 5th DCA· 1980-10-15 ·cited 4×
  The court held that appellants could not complain about the trial court considering documents they submitted, and that the Tennessee warrant sufficiently charged a crime and was based on a probable cause determination, thus denying the writ of habeas corpus.
• Kanasola v. Civiletti
  630 F.2d 472· 6th Cir.· 1980-10-03 ·cited 4×
  The court held that the Treaty and its implementing legislation do not suspend the writ of habeas corpus, and appellant waived his right to collaterally attack his Canadian conviction by voluntarily consenting to transfer.
• Taylor v. State of Fla. & Don R. Moreland as Sheriff of Marion Cnty.
  388 So. 2d 576· Fla. 5th DCA· 1980-07-16 ·cited 4×
  Taylor petitioned for a writ of habeas corpus challenging a pretrial bail denial in a capital case. The court held that while persons accused of non-capital crimes are entitled to bail as a matter of right, persons accused of capital or life imprisonment crimes may be admitted to
• Montgomery v. Bordenkircher
  620 F.2d 127· 6th Cir.· 1980-04-28 ·cited 4×
  The court held that the petitioner's prior convictions were valid and that the habitual criminal statute does not violate double jeopardy principles.
• Conquest v. Mitchell
  618 F.2d 1053· 4th Cir.· 1980-04-08 ·cited 4×·via Federal Habeas Corpus
  The court held that the defendant's Fifth Amendment rights were not violated by the admission of testimony from a psychiatrist who examined him at the request of his own lawyer.
• United States v. Palumbo
  608 F.2d 529· 3d Cir.· 1979-10-31 ·cited 4×·via Federal Habeas Corpus
  The court held that a federal prisoner cannot relitigate issues already fully and fairly adjudicated at trial and on direct appeal, absent specific exceptions like newly discovered evidence or incompetent counsel.
• United States v. Washington
  608 F.2d 292· 8th Cir.· 1979-10-18 ·cited 4×
  Subsequent changes in the Parole Commission's offense classification system do not provide a basis for collateral attack on a final judgment or sentence under 28 U.S.C. § 2255.
• Walker v. United States Parole Comm'n & Harold E. Stratton
  592 F.2d 905· 5th Cir.· 1979-04-09 ·cited 4×·via Habeas Corpus Relief
  The court held that a special parole term for importing Schedule I narcotics begins after the completion of the regular sentence, not concurrently with general parole.
• Davis v. Carson W. Markley
  589 F.2d 784· 4th Cir.· 1979-01-04 ·cited 4×
  The court held that periods during which a youth offender was on a stay of execution of sentence, while reporting employment status and remaining within the supervisory ambit of the correctional process, constitute operative time for the purpose of calculating the unconditional d
• Helm v. Jago
  588 F.2d 1180· 6th Cir.· 1979-01-03 ·cited 4×
  The surrender of an Ohio prisoner to another state for prosecution does not relinquish Ohio's jurisdiction or constitute a pardon or commutation of sentence.
• Tippett v. Roberts
  587 F.2d 373· 8th Cir.· 1978-11-08 ·cited 4×·via Federal Habeas Corpus
  The court affirmed the dismissal of the habeas corpus petition, finding that federal inquiry into the Fourth Amendment claim was limited by Stone v. Powell, as the issue was fully litigated in state courts.
• Otho J. Blockson, Jr. v. Jago
  587 F.2d 10· 6th Cir.· 1978-11-07 ·cited 4×
  The court held that voluntary, unprompted statements made by a defendant are admissible even without Miranda warnings. The sufficiency of evidence is generally not reviewable in a federal habeas corpus action.
• Carter v. Tullis Easterling
  362 So. 2d 356· Fla. 1st DCA· 1978-08-14 ·cited 4×
  The court held that the order of incarceration for contempt was insufficient because it was unclear whether it was for civil or criminal contempt, and if civil, it lacked a purge provision.
• Piercy v. Parratt
  579 F.2d 470· 8th Cir.· 1978-06-28 ·cited 4×·via Federal Habeas Corpus
  The court held that the federal district court should retain jurisdiction but stay its hand pending the outcome of the appellant's current state court action, with a provision for the federal court to proceed if the state courts do not rule within ninety days.
• Taylor v. Egeler
  575 F.2d 773· 6th Cir.· 1978-05-23 ·cited 4×·via Writ Of Habeas Corpus Ad Subjiciendum
  The court dismissed the appeal because the appellant escaped from custody, rendering the habeas corpus writ moot.
• Wolfrath v. LaVALLEE
  576 F.2d 965· 2d Cir.· 1978-05-09 ·cited 4×·via Habeas Corpus Review
  The court held that the petitioner failed to meet his burden of proving his confession was involuntary, as the totality of the circumstances, including the absence of coercive police tactics and the petitioner's apparent alertness, outweighed expert conjecture about drug effects.
• Freeman v. Mabry
  570 F.2d 813· 8th Cir.· 1978-02-17 ·cited 4×
  The court held that the denial of a continuance to a newly retained attorney, despite limited preparation time, did not violate the appellants' Sixth and Fourteenth Amendment right to effective assistance of counsel.
• Carroll Lee Wyatt v. United States Parole Comm'n
  571 F.2d 1089· 9th Cir.· 1977-11-30 ·cited 4×
  The court held that the consolidation of habeas corpus petitions was proper and that the claim regarding improper detainer review under a statute not yet in effect was misplaced, but remanded for further fact development on the detainer review under prior law.
• Lovelace v. Louie L. Wainwright
  352 So. 2d 907· Fla. 1st DCA· 1977-11-23 ·cited 4×
  Defendant Lovelace challenged his conviction based on a bare allegation that his guilty plea was entered involuntarily and unknowingly, five and a half years after sentencing. The appellate court affirmed, holding that a defendant seeking to challenge plea voluntariness on direct
• Wrich v. State
  350 So. 2d 1114· Fla. 2d DCA· 1977-10-14 ·cited 4×
  Timothy Wrich appealed the revocation of his probation on the grounds that the state filed a violation affidavit nearly a year after his original probation term expired. The court agreed that the state lacked jurisdiction to revoke probation and reversed the conviction.
• Borschowa v. Claytor
  568 F.2d 616· 9th Cir.· 1977-10-13 ·cited 4×·via Habeas Corpus Relief
  The court held that habeas corpus relief is not appropriate for a breach of an enlistment agreement consisting solely of non-payment of money, and that the governing statutes and regulations, not contract principles, determine service members' rights.
• State ex rel. Gary Norwood Reno v. Honorable Everett Richardson
  348 So. 2d 62· Fla. 1st DCA· 1977-07-15 ·cited 4×
  A trial court cannot imprison a husband for contempt for failure to pay a joint marital debt owed to a third party. The Florida District Court of Appeal granted habeas corpus relief, holding that contempt proceedings are unavailable to enforce payment of civil debts, even when th
• Gaines v. Ricketts
  554 F.2d 1346· 5th Cir.· 1977-06-30 ·cited 4×·via Federal Habeas Corpus
  The court held that a federal habeas corpus petitioner's claims of an involuntary guilty plea, ineffective assistance of counsel, and improper sentencing were without merit.
• Hendrix v. The United States
  555 F.2d 785· Ct. Cl.· 1977-05-18 ·cited 4×
  The court held that the plaintiff's court-martial conviction was constitutional and that the military justice system is not inherently unfair, thus denying his petition for release.
• Blankenship v. Parratt
  554 F.2d 850· 8th Cir.· 1977-05-02 ·cited 4×·via Habeas Corpus Relief
  The court held that resentencing a defendant to a harsher penalty after the original sentence was found invalid does not violate the Double Jeopardy Clause, absent evidence of judicial vindictiveness.
• Grover Robinson v. Parratt
  546 F.2d 764· 8th Cir.· 1976-12-08 ·cited 4×·via Habeas Corpus Relief
  A defendant is denied effective assistance of counsel when a single attorney represents co-defendants with antagonistic defenses, and the court denies a severance motion.
• In re the Extradition of Mario Francesco Magisano v. Locke
  545 F.2d 1228· 9th Cir.· 1976-11-16 ·cited 4×
  The court held that the district court correctly denied the appellant's application for a writ of habeas corpus and release on bail, affirming the extradition warrant.
• Reese v. Ricketts
  534 F.2d 1180· 5th Cir.· 1976-07-12 ·cited 4×·via Federal Habeas Corpus
  The court held that the petitioner deliberately bypassed the jury selection procedures, barring him from raising the issue in a habeas petition.
• Vickers v. Haynes
  539 F.2d 1005· 4th Cir.· 1976-06-02 ·cited 4×·via Habeas Corpus Relief
  The court held that the petitioner is entitled to credit for preconviction jail time spent in custody.
• Talbot v. Schlesinger
  527 F.2d 607· 4th Cir.· 1975-10-02 ·cited 4×
  The appeal is moot because the petitioner has been reassigned to duties that substantially fulfill his alleged contractual understandings.
• Danney F. MacKey v. State
  310 So. 2d 312· Fla. 1st DCA· 1975-03-20 ·cited 4×
  The court upheld the denial of a habeas corpus petition where the defendant claimed he had completed his jail sentence and should have been released with credit for gain time earned. The court found that the trial judge had properly calculated the sentence to account for gain tim
• Lipscomb v. Estelle
  507 F.2d 708· 5th Cir.· 1975-01-30 ·cited 4×·via Federal Habeas Corpus
  The court held that the prosecutor's jury argument was not an unconstitutional comment on the defendant's failure to testify and that the overall trial was not fundamentally unfair.
• Polanco v. Estelle
  507 F.2d 81· 5th Cir.· 1975-01-22 ·cited 4×
  The court held that police surveillance independently corroborated the informant's tip, establishing probable cause for the search warrant, even if the affidavit was insufficient regarding the informant's reliability.
• Collier v. Estelle
  506 F.2d 22· 5th Cir.· 1975-01-09 ·cited 4×·via Federal Habeas Corpus
  The court held that the district court's finding that the petitioner knowingly and intelligently waived his right to appeal was not clearly erroneous and affirmed that finding.
• Dep't of Health & Rehabilitative Servs. v. Owens
  305 So. 2d 314· Fla. 1st DCA· 1974-12-31 ·cited 4×
  The Florida District Court of Appeal reversed eight consolidated orders of involuntary admission to the Division of Retardation, holding that trial courts lack statutory authority to prescribe specific treatment, place conditions on admission, or supervise the care of involuntari
• Middlebrooks v. United States
  500 F.2d 1355· 5th Cir.· 1974-09-27 ·cited 4×·via Habeas Corpus Review
  The court held that while the government's brief contained inaccuracies, these did not affect the outcome of the direct appeal, and thus the denial of the defendant's motion to vacate sentence was correct.
• Pressley v. Louie L. Wainwright
  493 F.2d 894· 5th Cir.· 1974-05-10 ·cited 4×
  The court held that the federal district court correctly denied the writ of habeas corpus because the petitioner failed to exhaust his state remedies.
• Hayward v. Stone
  496 F.2d 844· 9th Cir.· 1974-05-09 ·cited 4×·via Federal Habeas Corpus
  The court held that an application to recall the remittitur, when used appropriately to raise a federal claim, can satisfy the exhaustion requirement for federal habeas corpus petitions.
• Brown v. Yeldell
  487 F.2d 1210· D.C. Cir.· 1973-11-29 ·cited 4×
  The court held that appellants' constitutional claims were unavailing because their commitments had lapsed and they suffered no present harm cognizable by a writ of habeas corpus.
• Lamberti v. Louie L. Wainwright
  284 So. 2d 202· Fla.· 1973-10-10 ·cited 4×
  The Court held that it will not reconsider issues already determined by another appellate court in a habeas corpus proceeding.
• Antwine v. Estelle
  486 F.2d 189· 5th Cir.· 1973-09-28 ·cited 4×·via Habeas Corpus Relief
  The court held that the Governor of Texas had the authority to commute the appellant's death sentence, and this commutation did not violate his constitutional rights.
• Tucker v. Park J. Anderson
  483 F.2d 423· 10th Cir.· 1973-07-23 ·cited 4×
  The court held that the record did not plainly show an intelligent and understanding waiver of the right to counsel, and the federal court erred in denying an evidentiary hearing.
• Turnbow v. Beto
  477 F.2d 1151· 5th Cir.· 1973-04-18 ·cited 4×·via Federal Habeas Corpus
  The court held that the petitioner was adequately advised of his right to appellate counsel and that his claim regarding lack of counsel at sentencing was not exhausted in state courts.
• LEE v. Wash. Parish
  476 F.2d 285· 5th Cir.· 1973-04-09 ·cited 4×·via Federal Habeas Corpus
  An appeal from the denial of a state prisoner's habeas petition cannot be taken without a certificate of probable cause.
• McCRAVY v. Moore
  476 F.2d 281· 6th Cir.· 1973-04-03 ·cited 4×
  A joint occupant of premises, such as a wife, has the authority to consent to a search of those premises, and such consent does not violate the Fourth Amendment rights of another joint occupant.
• Elvin Emmett Moore v. Park J. Anderson
  474 F.2d 1118· 10th Cir.· 1973-03-16 ·cited 4×·via Federal Habeas Corpus
  The court held that the written plea form and accompanying questions were sufficient to establish a voluntary and knowing plea, even without a full transcript of oral advisement.
• Earlie Wright, Jr. v. Edwards
  470 F.2d 980· 5th Cir.· 1972-12-21 ·cited 4×
  The court held that a state may constitutionally proscribe willful possession of marijuana and that a search incident to arrest conducted at the jail is permissible under the Fourth Amendment.
• Jones v. Pitchess
  469 F.2d 678· 9th Cir.· 1972-11-15 ·cited 4×
  The court held that a dismissal of a complaint without prejudice is not a final order and thus not appealable under 28 U.S.C. § 1291.
• Seaman David Alfred Tellez v. Chaffee
  467 F.2d 218· 9th Cir.· 1972-09-12 ·cited 4×
  The court held that the record lacked a basis in fact for the Navy's finding of insincerity and subsequent disapproval of the discharge application.