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

• August Williams v. Henderson
  465 F.2d 995· 5th Cir.· 1972-08-16 ·cited 4×
  The court vacated the district court's denial of habeas corpus and remanded for reconsideration.
• State of Fla. ex rel. Frank Cocchiaro v. Purdy
  260 So. 2d 556· Fla. 3d DCA· 1972-04-19 ·cited 4×
  Florida state appellate court affirmed the extradition of Cocchiaro to New Jersey on a criminal contempt charge, holding that the circuit court properly limited habeas corpus review to narrow constitutional grounds and that the evidence satisfied all requirements for extradition.
• United States ex rel. Russell Brown H-6127 v. Russell
  455 F.2d 464· 3d Cir.· 1972-02-10 ·cited 4×·via Habeas Corpus Review
  The court held that the trial judge's conduct did not rise to the level of a due process violation, and therefore habeas corpus relief was not warranted.
• Terry v. Wingo
  454 F.2d 694· 6th Cir.· 1972-02-08 ·cited 4×·via Federal Habeas Corpus
  Federal habeas corpus relief may be granted without requiring exhaustion of state remedies if circumstances render the state corrective process ineffective.
• Imhoff v. Sheriff Clarence Jones
  453 F.2d 894· 5th Cir.· 1972-01-14 ·cited 4×·via Federal Habeas Corpus
  The order denying a petition for habeas corpus without prejudice to reapply after exhausting state remedies is affirmed.
• Weaver v. State OF Tex.
  453 F.2d 1226· 5th Cir.· 1972-01-05 ·cited 4×·via Federal Habeas Corpus
  Federal habeas corpus is not available to challenge the validity of a state conviction after the sentence has been completely served unless the petitioner proves they are under some form of restraint by virtue of the conviction.
• Meacham v. Beto
  451 F.2d 187· 5th Cir.· 1971-11-11 ·cited 4×·via Federal Habeas Corpus
  The court held that a federal habeas corpus petition may be dismissed without prejudice for failure to exhaust state remedies on all claims, even if some claims have been exhausted.
• Dillen v. Louie L. Wainwright
  449 F.2d 331· 5th Cir.· 1971-10-01 ·cited 4×·via Habeas Corpus Relief
  The denial of a bill of particulars in a state criminal trial does not rise to constitutional proportions for federal habeas relief, nor does the prosecution's failure to disclose witnesses constitute grounds for relief if they could have been discovered with reasonable diligence
• Briggs v. Beto
  447 F.2d 1302· 5th Cir.· 1971-09-13 ·cited 4×·via Habeas Corpus Relief
  The court held that the district court did not err in denying habeas corpus relief because the petitioner intentionally bypassed his state remedy of direct appeal.
• Calhoun v. Smith
  447 F.2d 1356· 5th Cir.· 1971-09-09 ·cited 4×·via Federal Habeas Corpus
  The court held that a state prisoner must exhaust available state remedies, including perfecting an appeal to the state supreme court, before seeking federal habeas corpus relief.
• United States ex rel. Frank Grano, Jr. v. Anderson
  446 F.2d 272· 3d Cir.· 1971-07-09 ·cited 4×
  The court held that the affidavit accompanying the extradition demand was sufficient to establish probable cause for the burglary charge and the accused's involvement.
• United States ex rel. Joseph Randazzo v. Hon. Harold W. Follette
  444 F.2d 625· 2d Cir.· 1971-06-17 ·cited 4×·via Federal Habeas Corpus
  The court held that the petitioner is not required to show prejudice to have his appeal reinstated and that the case must be remanded for a hearing on whether his appeal was improperly frustrated due to indigency or ineffective assistance of counsel.
• Turco v. Warden, Baltimore City Jail
  444 F.2d 56· 4th Cir.· 1971-06-11 ·cited 4×
  The court affirmed the district court's denial of the petition for a writ of habeas corpus and removal of the criminal prosecution.
• Forrest Cummings Green v. Turner
  443 F.2d 832· 10th Cir.· 1971-06-07 ·cited 4×·via Habeas Corpus Proceedings
  The court held that the rule established in Boykin v. Alabama should not be applied retroactively to arraignments that occurred prior to its decision.
• Smiley v. State OF Cal.
  442 F.2d 1026· 9th Cir.· 1971-05-17 ·cited 4×
  The court held that the district court erred in denying an evidentiary hearing on the voluntariness of the appellant's confession and on whether the failure to object to its admission constituted a deliberate bypass of state court procedures.
• Albertson v. Johnson
  440 F.2d 1201· 6th Cir.· 1971-04-23 ·cited 4×·via Federal Habeas Corpus
  A Michigan state prisoner must exhaust state court remedies, including a delayed appeal to the Michigan Supreme Court, before filing a federal habeas corpus action.
• Elbert Scott v. Perini
  439 F.2d 1066· 6th Cir.· 1971-03-31 ·cited 4×·via Habeas Corpus Review
  The court held that a prosecutor's comment on a co-defendant's failure to testify could prejudice a defendant who did testify, warranting habeas corpus relief.
• Barnett v. United States
  439 F.2d 801· 6th Cir.· 1971-03-18 ·cited 4×·via Habeas Corpus Review
  The court held that the district court properly denied the motion to vacate sentence because the appellant's allegations were unsubstantiated and the issues raised had already been decided.
• Anderson v. Henderson
  439 F.2d 711· 5th Cir.· 1971-03-04 ·cited 4×·via Habeas Corpus Relief
  A guilty plea entered after reliance on competent counsel's advice is considered voluntary and cannot be challenged as coerced.
• Walker v. Smith
  439 F.2d 392· 5th Cir.· 1971-03-04 ·cited 4×·via Federal Habeas Corpus
  The court held that the district court erred in denying federal habeas corpus relief without a hearing, as the record did not support a finding of deliberate bypass of state appellate remedies or an adequate state hearing.
• Bortree v. Resor
  445 F.2d 776· D.C. Cir.· 1971-03-02 ·cited 4×·via Habeas Corpus Relief
  The court held that the Army's disapproval of Private Bortree's application for discharge as a conscientious objector lacked a factual basis.
• Perry v. Jones
  437 F.2d 758· 5th Cir.· 1971-01-05 ·cited 4×·via Federal Habeas Corpus
  The court held that the petitioner has not exhausted state remedies, as the Texas appellate courts have not yet ruled on his allegations of error.
• Boone v. COX
  433 F.2d 343· 4th Cir.· 1970-10-20 ·cited 4×·via Federal Habeas Corpus
  The court held that the search of the automobile was lawful, even though the affidavit for the search warrant was deficient, because probable cause existed independently of the warrant.
• Serviss v. Moseley
  430 F.2d 1287· 10th Cir.· 1970-08-20 ·cited 4×
  The court held that the appellant knowingly and intelligently waived his rights and admitted to violations, and that the district court's findings were supported by the evidence.
• Daniel v. Louie L. Wainwright
  237 So. 2d 832· Fla. 2d DCA· 1970-07-15 ·cited 4×
  The court held that petitioner is entitled to full appellate review of his conviction via habeas corpus due to procedural entanglements that deprived him of his direct appeal rights.
• Daegele v. Crouse
  429 F.2d 503· 10th Cir.· 1970-06-10 ·cited 4×·via Federal Habeas Corpus
  The court held that the petitioner had not exhausted state remedies because he had a direct appeal pending in the Kansas Supreme Court regarding his resentencing.
• Wooden v. State
  236 So. 2d 137· Fla. 1st DCA· 1970-06-09 ·cited 4×
  Otis Wooden petitioned for habeas corpus relief, challenging his conviction and 30-year sentence for forcible rape. The court granted relief because Wooden's court-appointed counsel unconstitutionally refused to pursue a direct appeal after Wooden explicitly requested one, thereb
• Darden v. Louie L. Wainwright
  236 So. 2d 139· Fla. 2d DCA· 1970-06-03 ·cited 4×
  A petition for writ of habeas corpus is not the proper method to challenge alleged errors that should have been raised in a motion under CrPR 1.850, unless specific criteria are met.
• Webb Washington v. Beto
  424 F.2d 1035· 5th Cir.· 1970-04-24 ·cited 4×
  The court held that the district court's denial of habeas corpus relief was based on an inadequate factual basis and remanded for further proceedings.
• Taylor v. State OF Ariz.
  424 F.2d 271· 9th Cir.· 1970-03-31 ·cited 4×·via Federal Habeas Corpus
  The court held that the district court erred in dismissing the habeas petition without a proper harmless error analysis and potentially without determining exhaustion of state remedies.
• Sertic v. Honorable Melvin Laird
  418 F.2d 915· 9th Cir.· 1969-11-20 ·cited 4×
  The court held that the Air Force's denial of conscientious objector status lacked a basis in fact, as the petitioner's beliefs met the Seeger test.
• State OF La. v. Rouselle
  418 F.2d 873· 5th Cir.· 1969-11-05 ·cited 4×
  The court held that the appellant failed to demonstrate a sufficient showing that he has been or will be denied a federal right, thus removal to federal court was improper.
• Strauss v. Smith
  417 F.2d 132· 7th Cir.· 1969-09-08 ·cited 4×
  The court held that the petitioner was not denied due process and that his parole revocation was valid, affirming the district court's grant of summary judgment.
• United States ex rel. Herbert James Daley v. Yeager
  415 F.2d 779· 3d Cir.· 1969-08-11 ·cited 4×·via Habeas Corpus Review
  The court held that the relator's constitutional rights under the Fourth, Fifth, and Sixth Amendments were violated when police obtained consent to search his apartment after he had requested counsel at a preliminary hearing.
• Bullis v. Hocker
  409 F.2d 1380· 9th Cir.· 1969-04-14 ·cited 4×
  The court held that allegations of abduction by the asylum state are insufficient to challenge its jurisdiction, and Nevada retained jurisdiction over the appellant.
• Bandy v. United States Attorney Gen. and/or United States Marshal for the Dist. of N.D.
  408 F.2d 523· 8th Cir.· 1969-03-19 ·cited 4×·via Writ Of Habeas Corpus Ad Subjiciendum
  A federal district court lacks jurisdiction to issue a writ of habeas corpus ad subjiciendum if the petitioner is not physically within that court's territorial jurisdiction, even if present under a writ of habeas corpus ad prosequendum.
• Kalec v. Adamowski
  406 F.2d 536· 7th Cir.· 1969-01-10 ·cited 4×·via Federal Habeas Corpus
  The court held that the district court erred in dismissing the complaint as a substitute for habeas corpus, but affirmed the dismissal because the complaint failed to state a claim upon which relief could be granted.
• Williams v. Louie L. Wainwright
  217 So. 2d 317· Fla.· 1969-01-06 ·cited 4×
  Julius Bernard Williams sought habeas corpus relief after his court-appointed counsel withdrew from his appeal without adequate notice to him. The Florida Supreme Court found that Williams was not properly notified of the withdrawal until after the deadline to file assignments of
• State of Fla. ex rel. L. C. Crawford v. Honorable Louie L. Wainwright
  213 So. 2d 755· Fla. 1st DCA· 1968-08-27 ·cited 4×
  The court held that a pending postconviction proceeding under Rule 1.850 is the appropriate avenue to determine claims regarding denial of counsel on appeal.
• United States ex rel. Calvin Manning v. Brierley
  392 F.2d 197· 3d Cir.· 1968-04-01 ·cited 4×·via Habeas Corpus Proceedings
  The court held that the district court did not abuse its discretion in refusing to appoint counsel for the indigent state prisoner in his habeas corpus proceeding.
• Whippler v. Dutton
  391 F.2d 425· 5th Cir.· 1968-02-07 ·cited 4×
  The court held that the petitioner established a prima facie case of systematic exclusion of Negroes from jury service due to racial discrimination in the jury selection process.
• Langford v. State OF Ala.
  387 F.2d 647· 5th Cir.· 1968-01-09 ·cited 4×
  The court held that the district court erred in denying a habeas corpus petition without a hearing, as one of the allegations regarding the denial of the right to appeal required factual determination.
• United States ex rel. Albert Mintzer v. Dros
  403 F.2d 42· 2d Cir.· 1967-11-30 ·cited 4×
  The court held that the district court correctly denied the writ of habeas corpus as the appellant's claims did not raise constitutional questions or were not cognizable in habeas corpus.
• Marcelino Guerra v. Rodriguez
  372 F.2d 472· 10th Cir.· 1967-02-14 ·cited 4×
  The court held that the appellant waived his right to a preliminary hearing by pleading not guilty and proceeding to trial, and that his assertion of a missing judgment and sentence record was without merit.
• Meyer Caplan v. Cameron
  369 F.2d 195· D.C. Cir.· 1966-09-07 ·cited 4×·via Habeas Corpus Proceedings
  The dissenting judge believes the trial court correctly applied the law and the record, and that the appellate court should affirm the lower court's decision.
• Odus Douglas v. Maxwell
  357 F.2d 320· 6th Cir.· 1966-03-11 ·cited 4×
  The court held that denial of counsel in habeas corpus proceedings does not violate the Sixth Amendment, as habeas corpus is not a criminal proceeding.
• Stack v. Bomar
  354 F.2d 200· 6th Cir.· 1965-12-30 ·cited 4×
  The court held that the appellant was not deprived of effective assistance of counsel, as his attorney's advice was based on the prevailing Tennessee law at the time, and the guilty plea was voluntary and informed.
• Huffman v. Sigler
  352 F.2d 370· 8th Cir.· 1965-11-10 ·cited 4×·via Federal Habeas Corpus
  The court held that the appeal presented no substantial question for review and was therefore dismissed.
• Comulada v. Willingham
  351 F.2d 936· 10th Cir.· 1965-10-27 ·cited 4×
  The court held that the petitioner was entitled to credit for the period he was erroneously transferred to Leavenworth, as this constituted service of his sentence.
• Wallace v. Willingham
  351 F.2d 299· 10th Cir.· 1965-10-14 ·cited 4×
  Habeas corpus is not an available remedy when Section 2255 provides an adequate remedy, even if that remedy was previously erroneously denied.