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

• Charles v. Maxwell
  348 F.2d 890· 6th Cir.· 1965-07-21 ·cited 4×
  The court held that the appellant's federal constitutional rights were not violated by the method of selecting the grand jury, even if it deviated from state statutory procedures.
• Farrant v. Bennett
  347 F.2d 390· 8th Cir.· 1965-06-30 ·cited 4×
  The court held that the district court should have granted a hearing on the appellant's allegations regarding the sentencing procedure and the effectiveness of counsel.
• Cayson v. Hassfurder
  175 So. 2d 811· Fla. 1st DCA· 1965-06-03 ·cited 4×
  This case involves an appeal from a lower court's denial of a petition for a writ of habeas corpus, which was treated as a motion to vacate judgments of conviction. The appellate court affirmed the lower court's decision, finding no error.
• State of Fla. ex rel. Joel D. Gebhardt v. T. A. Buchanan as Sheriff & Dir. of Pub. Safety
  175 So. 2d 803· Fla. 3d DCA· 1965-06-02 ·cited 4×
  Gebhardt, a confessed murderer who agreed to testify against his co-defendant in exchange for immunity, challenged his detention as a material witness. The Florida appellate court held that his confinement was lawful because it resulted from his own agreement with the state, not
• Gentry v. State
  172 So. 2d 433· Fla.· 1965-03-03 ·cited 4×
  Frank Gentry petitioned for habeas corpus relief, claiming he lacked counsel during his 1951 armed robbery trial. The Florida Supreme Court discharged the writ, holding that habeas corpus is not the proper remedy to challenge the accuracy of trial court records; instead, Gentry m
• United States ex rel. Charles Glinton v. Denno
  339 F.2d 872· 2d Cir.· 1964-12-04 ·cited 4×
  The court held that the relator's detention as a material witness was lawful, his statements were voluntary, and their admission into evidence was proper, affirming the denial of his habeas corpus petition.
• Solitro v. State
  166 So. 2d 474· Fla. 2d DCA· 1964-07-22 ·cited 4×
  The Florida Second District Court of Appeal dismissed an application for leave to seek post-conviction relief, holding that such leave is not required under Criminal Procedure Rule 1, which provides a streamlined process for challenging convictions.
• Peterson v. Tinsley
  331 F.2d 569· 10th Cir.· 1964-05-04 ·cited 4×
  The court held that the district court correctly denied the habeas corpus petition because the appellant failed to raise a federal question and habeas corpus is not a substitute for direct appeal.
• Headley v. State of Fla. ex rel. Emanuel Selkowitz
  163 So. 2d 13· Fla. 3d DCA· 1964-04-07 ·cited 4×
  The court held that the municipal ordinance was unconstitutionally vague and indefinite, affirming the trial court's decision to quash the conviction.
• Freddy Green v. Bomar
  329 F.2d 796· 6th Cir.· 1964-03-26 ·cited 4×
  The court held that a denial of a preliminary hearing and alleged police brutality do not constitute grounds for federal habeas corpus relief when they do not affect the validity of the conviction.
• In re Internal Gov't of the Dist. Court of Appeal
  156 So. 2d 415· Fla. 3d DCA· 1963-09-17 ·cited 4×·via Habeas Corpus Proceedings
  The Third District Court of Appeal of Florida adopted a rule waiving filing fees for notices of appeal from orders on motions for relief under Criminal Procedure Rule No. 1. This rule applies regardless of the appellant's financial status and aligns with fee waivers for habeas co
• Estep v. United States
  316 F.2d 767· 9th Cir.· 1963-04-10 ·cited 4×
  A federal prisoner seeking to challenge a sentence must first utilize the remedy provided by 28 U.S.C. § 2255 in the sentencing court, and habeas corpus is only available if that remedy is shown to be inadequate or ineffective.
• Wittcop v. Louie L. Wainwright
  151 So. 2d 635· Fla. 2d DCA· 1963-04-05 ·cited 4×
  Petitioner Wittcop sought a writ of habeas corpus challenging his concurrent sentences imposed by the Circuit Court of Pinellas County. The appellate court dismissed the petition because Wittcop failed to exhaust his adequate remedy of filing a motion in the sentencing court unde
• Brooks v. Anderson
  317 F.2d 179· D.C. Cir.· 1963-04-04 ·cited 4×
  The court held that the record was inadequate for review because the respondent failed to file a return to the writ of habeas corpus.
• Smith v. Anderson
  317 F.2d 172· D.C. Cir.· 1963-04-04 ·cited 4×
  A petition for a writ of habeas corpus cannot be summarily denied without requiring a return and holding a hearing.
• Peterson v. Louie L. Wainwright
  145 So. 2d 857· Fla.· 1962-10-24 ·cited 4×
  Peterson sought habeas corpus release from prison, challenging the validity of his conviction judgment. The Florida Supreme Court found the judgment ambiguous because it convicted him of "breaking and entering," a non-statutory offense, when he had pled guilty to the statutory cr
• Hunt v. United States
  301 F.2d 663· 4th Cir.· 1962-03-28 ·cited 4×
  The court held that the District Court in Virginia lacked jurisdiction to grant the writ of habeas corpus because all of the petitioner's contentions could have been raised under 28 U.S.C.A. § 2255.
• Branson v. Cochran
  138 So. 2d 316· Fla.· 1962-02-28 ·cited 4×
  Walter Franklin Branson, a minor at the time of his murder trial, petitioned for habeas corpus claiming his parents were not notified of charges as required by Florida law. The Florida Supreme Court denied the petition, finding that his mother had been adequately notified by regi
• Willis v. Cochran
  131 So. 2d 728· Fla.· 1961-06-28 ·cited 4×
  Ronald Lee Willis, a 19-year-old prisoner, petitioned for habeas corpus challenging his conviction for escape and larceny, claiming the state failed to comply with Florida's statutory requirement to notify his parents of the charges because his minor status was not properly estab
• Coy Litchfield v. Tinsley
  281 F.2d 486· 10th Cir.· 1960-06-16 ·cited 4×
  The federal court denied habeas corpus because the prisoner failed to exhaust state remedies by not timely seeking a writ of error for his conviction.
• Williams v. United States
  261 F.2d 224· 9th Cir.· 1958-10-30 ·cited 4×
  The court held that the appeal is frivolous and moot, and therefore dismissed.
• Schlette v. King
  258 F.2d 561· 9th Cir.· 1958-04-04 ·cited 4×
  The court held that it would appoint counsel to assist the petitioner in seeking a certificate of probable cause and permission to appeal in forma pauperis.
• Hitson v. Mayo
  99 So. 2d 297· Fla.· 1957-12-18 ·cited 4×
  Irvin Hitson petitioned for habeas corpus relief, challenging a five-year sentence for aiding prisoners to escape from jail, claiming it exceeded the statutory maximum. The Florida Supreme Court upheld the sentence, holding that the applicable statute (§ 843.11) provides a ten-ye
• Godwin v. Looney
  250 F.2d 72· 10th Cir.· 1957-11-27 ·cited 4×
  The court held that the petitioner's application for habeas corpus did not allege facts showing entitlement to discharge from custody.
• Tora Upstead Rystad v. Boyd
  246 F.2d 246· 9th Cir.· 1957-06-21 ·cited 4×
• Strand v. Schmittroth
  235 F.2d 756· 9th Cir.· 1956-08-02 ·cited 4×
  This opinion is a dissent arguing for a rehearing en banc, not a holding on the merits of the underlying case.
• Hildebrandt v. Swope
  229 F.2d 582· 9th Cir.· 1956-01-20 ·cited 4×
  The court held that a federal district court lacks jurisdiction to entertain a habeas corpus petition when the petitioner has not demonstrated that the remedy under 28 U.S.C.A. § 2255 is inadequate or ineffective.
• Bascelio v. Mayo
  81 So. 2d 649· Fla.· 1955-07-22 ·cited 4×
  The Florida Supreme Court granted a writ of habeas corpus, finding that a prisoner's sentence for unlawful possession of marijuana exceeded the statutory maximum. The court ordered the prisoner to be resentenced.
• Lopiparo v. United States
  222 F.2d 897· 8th Cir.· 1955-06-03 ·cited 4×
  The court held that the sentence for contempt was valid and did not terminate with the discharge of the grand jury, as it could be construed as having dual civil and criminal aspects.
• United States ex rel. Leyra v. Denno
  208 F.2d 605· 2d Cir.· 1953-11-24 ·cited 4×
  The dissenting judge believes the State failed to prove that promises of leniency did not continue to affect the defendant's later confessions, thus violating due process.
• Commanding Officer United States Army Base v. United States ex rel. Bumanis
  207 F.2d 499· 6th Cir.· 1953-10-22 ·cited 4×
  The court held that the United States was not authorized to appeal the district court's order, and the appeal was dismissed.
• Gonzalez-Martinez v. Landon
  203 F.2d 196· 9th Cir.· 1953-03-31 ·cited 4×
  The Attorney General had no discretionary power to suspend deportation for an alien deportable for a crime involving moral turpitude.
• United States ex rel. MacBLAIN v. Burke
  200 F.2d 616· 3d Cir.· 1952-12-16 ·cited 4×
  The court held that the petitioner's claims regarding denial of parole opportunity and illegal sentence aggregation are not grounds for habeas corpus relief because he had available state remedies and his parole violation would result in serving the same sentence.
• Booth v. United States
  198 F.2d 991· 9th Cir.· 1952-08-21 ·cited 4×
  The court held that the district court lacked jurisdiction to issue an order to show cause against the U.S. Marshal, but the denial of the habeas corpus application is sustained because the petitioner is lawfully held under a valid state sentence.
• In re Abramson
  196 F.2d 261· 3d Cir.· 1952-05-01 ·cited 4×
  The court held that an induction order is not legally 'mailed' if it is not properly addressed, and a registrant's right to reclassification based on pregnancy is preserved if proof is filed before the board properly mails the order.
• Speller v. Allen
  192 F.2d 477· 4th Cir.· 1951-11-05 ·cited 4×
  Federal courts should not ordinarily re-examine questions already adjudicated by state courts and denied certiorari by the Supreme Court, absent unusual circumstances.
• Smith v. Reid
  191 F.2d 491· D.C. Cir.· 1951-07-12 ·cited 4×
  The court held that a petition for writ of habeas corpus is not available when a motion under 28 U.S.C. § 2255 was an adequate and effective remedy, even if unsuccessful.
• Willis v. Utecht
  185 F.2d 210· 8th Cir.· 1950-11-06 ·cited 4×
  The court held that applicants had not exhausted their state remedies because they failed to follow the proper procedural steps for seeking a writ of habeas corpus in Minnesota courts.
• Pinkerton v. Steele
  181 F.2d 536· 8th Cir.· 1950-04-26 ·cited 4×
  The court held that a district court cannot entertain a petition for a writ of habeas corpus if the petitioner has not first applied to the sentencing court for vacation of the sentence under 28 U.S.C.A. § 2255.
• Tucker v. Howard
  177 F.2d 494· 7th Cir.· 1949-10-26 ·cited 4×·via Habeas Corpus Proceedings
  The court held that the district court erred by failing to make specific findings of fact and conclusions of law when denying petitions for writs of habeas corpus, especially given the contradictory testimony.
• Flynn v. United States
  172 F.2d 12· 9th Cir.· 1949-01-10 ·cited 4×
  The court held that the indictments were sufficient and that the evidence supported the conviction for perjury, as the defendant's testimony denying a prior conviction was demonstrably false.
• Bauer v. Watkins
  171 F.2d 492· 2d Cir.· 1948-12-02 ·cited 4×
  The court held that the alien should not be deported under the Act of 1798 on the ground that he is a German citizen, and the writ should be sustained on the record as it stands, but allowed for a retrial if the respondent desires.
• Mart v. Lainson
  169 F.2d 1016· 8th Cir.· 1948-09-27 ·cited 4×
  Federal courts will not ordinarily re-examine questions adjudicated on the merits by state courts, even after exhaustion of state remedies, unless exceptional circumstances of peculiar urgency are shown.
• Griffin v. Clemmer
  D.D.C.· 1948-07-19 ·cited 4×
  The court held that the prosecutor's failure to disclose the presence of a knife did not prejudice the appellant's trial, as the evidence did not support his self-defense claim.
• Askins v. Overholser
  170 F.2d 815· D.C. Cir.· 1948-05-24 ·cited 4×
  The court held that the appellant's motion for reconsideration and leave to proceed in forma pauperis should be denied because the District Court's certification that the appeal was not taken in good faith was warranted, and this court cannot settle the record.
• State v. Sullivan
  160 Fla. 115· Fla.· 1948-02-03 ·cited 4×
  Robert James Carroll petitioned for habeas corpus challenging his commitment for civil contempt for non-payment of alimony, arguing the commitment order was vague and violated due process. The Florida Supreme Court held that contempt orders in family matters could be reviewed by
• Bauman v. Hunter
  150 F.2d 449· 10th Cir.· 1945-06-25 ·cited 4×
  The court held that the sufficiency of an indictment is not open to challenge on habeas corpus when the court has jurisdiction over the offense and the person.
• De Jordan v. Hunter
  145 F.2d 287· 10th Cir.· 1944-10-19 ·cited 4×
  The court held that the petitioner failed to establish he did not competently and intelligently waive his constitutional right to counsel.
• McMULLEN v. Squier
  144 F.2d 703· 9th Cir.· 1944-08-12 ·cited 4×
  The court held that a habeas corpus petition cannot serve as a late appeal and that the conviction was valid based on sufficient evidence, even if a presumption was improperly used.
• Rutkowski v. ST. Sure
  143 F.2d 715· 9th Cir.· 1944-06-30 ·cited 4×
  The court held that the petition for writ of mandamus should be denied because the habeas corpus petition was properly filed with the district court and assigned to Judge Goodman, and the petitioner waived any objection to jurisdiction by proceeding without objection.