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

• Lewis v. Ewing Gourley
  560 F.2d 393· 8th Cir.· 1977-08-19 ·cited 2×·via Habeas Corpus Relief
  The court held that a federal habeas corpus petitioner is not entitled to a second suppression hearing if they had a full and fair opportunity to litigate their Fourth Amendment claim in state court, even if a different judge denied a subsequent motion without a hearing.
• Algeroy A. Rozell v. Estelle
  554 F.2d 229· 5th Cir.· 1977-06-20 ·cited 2×·via Federal Habeas Corpus
  The court held that a state's evidentiary rule prohibiting inquiry into a rape victim's prior sexual acts does not violate the Sixth Amendment right to confrontation when the inquiry would raise collateral issues and confuse the jury.
• Johnie Stocker, Jr. v. Hutto
  547 F.2d 437· 8th Cir.· 1977-01-14 ·cited 2×·via Federal Habeas Corpus
  Federal courts will not grant habeas corpus relief on Fourth Amendment claims if the state provided a full and fair opportunity to litigate those claims.
• Cialkowski v. Franzen
  545 F.2d 1155· 8th Cir.· 1976-12-20 ·cited 2×
  The dismissal of a direct state criminal appeal by the U.S. Supreme Court for want of a substantial federal question constitutes an actual adjudication that precludes subsequent federal habeas corpus relief, absent subsequent doctrinal developments.
• LaSalle Minniefield v. State OF Ala.
  542 F.2d 947· 5th Cir.· 1976-11-22 ·cited 2×
  The court held that the trial court did not err in denying the petition for habeas corpus, as the evidence did not clearly show incompetence to stand trial.
• Greenville Noble v. Black
  539 F.2d 586· 6th Cir.· 1976-07-23 ·cited 2×
  The court held that the circumstances surrounding the defendant's case created sufficient doubt as to his competence to stand trial, requiring further inquiry, and affirmed the District Court's denial of habeas corpus with a reservation for the petitioner to file in state court.
• Gregorio Espino Uribe v. United States
  529 F.2d 742· 5th Cir.· 1976-04-02 ·cited 2×·via Habeas Corpus Relief
  The court held that the petitioner's claims regarding jurisdiction, witness production, jury instructions, and effective assistance of counsel were without merit.
• Smith v. Colman
  528 F.2d 1362· 5th Cir.· 1976-03-22 ·cited 2×·via Federal Habeas Corpus
  The court held that a violation of a state speedy trial rule does not, by itself, constitute a denial of the federal constitutional right to a speedy trial, which is cognizable in federal habeas corpus.
• Cook v. Gray
  530 F.2d 133· 7th Cir.· 1976-03-02 ·cited 2×
  A sentencing judge's passing reference to a belief in a defendant's perjury, which is apparent to the judge and not subsequently relied upon, does not constitute a constitutional deprivation warranting federal habeas corpus relief.
• Baker v. Louie L. Wainwright
  327 So. 2d 8· Fla.· 1976-01-28 ·cited 2×
  The Florida Supreme Court granted habeas corpus relief and ordered credit for 201 days of pretrial county jail time toward the petitioner's sentence under Florida Statutes Section 921.161.
• Blackwell v. Parratt
  526 F.2d 1142· 8th Cir.· 1975-11-25 ·cited 2×
  The court affirmed the district court's grant of habeas corpus, finding the prisoner was not competent to stand trial.
• Johnson v. Louie L. Wainwright
  523 F.2d 1253· 5th Cir.· 1975-11-24 ·cited 2×·via Habeas Corpus Review
  The court held that even if a pretrial photographic identification procedure was impermissibly suggestive, a conviction will not be overturned if the in-court identification has an independent basis.
• Efthimois Narlidis v. Omer G. Sewell
  524 F.2d 371· 9th Cir.· 1975-10-22 ·cited 2×
  The court held that a Greek naval deserter could be surrendered to Greek authorities under a 1902 treaty, and that claims for asylum or status as a spouse of a US citizen were not grounds to prevent surrender.
• Gray v. Warden OF the Mont. State Prison
  523 F.2d 989· 9th Cir.· 1975-09-25 ·cited 2×
  The court held that the Montana state court had jurisdiction to sentence the petitioner and that his claim of unconstitutional denial of bail lacked federal merit.
• Degolyer v. Louie L. Wainwright
  318 So. 2d 518· Fla. 1st DCA· 1975-09-09 ·cited 2×
• Ricon v. Warden, Sam P. Garrison, Cent. Prison, Raleigh, N. C. & State of N.C.
  517 F.2d 628· 4th Cir.· 1975-05-28 ·cited 2×·via Habeas Corpus Relief
• Moss v. Wolff
  505 F.2d 811· 8th Cir.· 1974-12-04 ·cited 2×·via Habeas Corpus Review
  The court held that photographic identification procedures, even if somewhat suggestive, do not require setting aside a conviction if there is an independent basis for the identification.
• Cardenas v. Pitchess
  506 F.2d 1224· 9th Cir.· 1974-11-26 ·cited 2×
  The court held that evidence seized during an inventory search of a vehicle and a search of an apartment incident to arrest were legal under federal standards applicable to habeas corpus review, even if state law might deem them illegal.
• State v. Gundell
  298 So. 2d 504· Fla. 1st DCA· 1974-07-09 ·cited 2×
  Florida appealed the dismissal of criminal charges against Gundell for LSD sale and possession based on a speedy trial violation. The court affirmed the dismissal, reinterpreting the defendant's motion as a habeas corpus petition after finding his initial speedy trial demand prem
• Burge v. Estelle
  496 F.2d 1177· 5th Cir.· 1974-07-05 ·cited 2×·via Federal Habeas Corpus
  The court held that a spouse's voluntary consent validates a warrantless search under federal constitutional standards, regardless of stricter state law in the jurisdiction where the search occurred.
• Dames v. Louie L. Wainwright
  491 F.2d 1098· 5th Cir.· 1974-04-01 ·cited 2×
  The court held that the defendant's contention that he was entitled to more credit for time served was without merit, as he received the bargained-for sentence and was not punished for exercising post-conviction rights.
• Smith v. Morgan
  284 So. 2d 12· Fla. 2d DCA· 1973-10-17 ·cited 2×
  Andrew Smith appealed the denial of his habeas corpus petition challenging his conviction for a municipal ordinance violation. The core issue was whether his waiver of counsel was valid under Argersinger v. Hamlin, which requires counsel in misdemeanor cases, given that the waive
• Lemus v. Chandler
  281 So. 2d 913· Fla. 2d DCA· 1973-08-31 ·cited 2×
  The court held that the trial court had jurisdiction to hear the adoption proceeding and should have done so, and that the child should remain with the appellants pending the adoption decision.
• Grizzell v. Louie L. Wainwright
  481 F.2d 405· 5th Cir.· 1973-07-06 ·cited 2×·via Habeas Corpus Relief
  The Supreme Court's decision in Mayberry v. Pennsylvania, requiring a judge reviled by a contemnor to recuse themselves from contempt proceedings, should be applied retroactively.
• Weathers v. Henderson
  480 F.2d 559· 5th Cir.· 1973-05-31 ·cited 2×
  A sovereign does not waive its right to custody by surrendering a prisoner to another sovereign.
• Flanagan v. Rose
  478 F.2d 222· 6th Cir.· 1973-05-22 ·cited 2×
  The court held that the search warrants were invalid because the supporting affidavits did not establish probable cause, and there was no evidence of sworn testimony supplementing the affidavits.
• Ross v. Craven
  478 F.2d 240· 9th Cir.· 1973-05-04 ·cited 2×·via Federal Habeas Corpus
  The court held that the federal district court erred in dismissing the habeas petition for failure to exhaust state remedies, as the California Supreme Court had denied the petition on the merits.
• Eleey v. Volatile
  478 F.2d 333· 3d Cir.· 1973-05-03 ·cited 2×
  When a registrant presents a prima facie case for occupational deferment, the draft board must state its reasons for denying the claim, even if the board has other information suggesting the claim is invalid.
• United States ex rel. George Whitmore, Jr. v. Malcolm
  476 F.2d 363· 2d Cir.· 1973-01-22 ·cited 2×
  The court vacated the district court's order denying habeas corpus and dismissed the appeal as moot, granting a petition for rehearing en banc.
• Dodge v. Johnson
  471 F.2d 1249· 6th Cir.· 1973-01-19 ·cited 2×
  The court held that the appellant failed to carry his burden of proving his statements were involuntary or that he was denied his constitutional right to counsel at the preliminary examination.
• Kirby v. Beto
  472 F.2d 167· 5th Cir.· 1973-01-16 ·cited 2×·via Federal Habeas Corpus
  The court held that the federal habeas corpus petition should have been dismissed for failure to exhaust state remedies, not on the merits.
• Jacobs v. The State OF Tex.
  470 F.2d 1366· 5th Cir.· 1973-01-10 ·cited 2×·via Habeas Corpus Relief
  The court held that a federal district court correctly dismissed a habeas corpus petition for failure to exhaust state remedies when a direct appeal on the underlying conviction was still pending.
• Nolan v. The United States
  466 F.2d 522· 10th Cir.· 1972-09-11 ·cited 2×·via Habeas Corpus Relief
  The court held that a defendant claiming mental incompetence to stand trial, particularly after recent surgery and medication, must be granted an evidentiary hearing if the claim is not conclusively refuted by existing records.
• United States ex rel. Arthur E. Martin H-4387 v. Brierley
  464 F.2d 529· 3d Cir.· 1972-06-30 ·cited 2×
  The court held that the petitioner's claims of ineffective assistance of counsel, denial of confrontation, and improper appellate procedure were without merit.
• Brookins v. State
  461 F.2d 663· 5th Cir.· 1972-06-19 ·cited 2×·via Federal Habeas Corpus
  The court held that the petitioner failed to exhaust state remedies by not presenting his claim to the state appellate courts.
• Douglas v. Nixon
  459 F.2d 325· 6th Cir.· 1972-04-27 ·cited 2×
  The court affirmed the district court's judgment, constrained by prior precedent.
• United States ex rel. Karl Meyer v. Weil
  458 F.2d 1068· 7th Cir.· 1972-03-28 ·cited 2×
  The court held that being at large on bail does not constitute 'custody' for the purposes of a writ of habeas corpus.
• Strode v. State OF Miss.
  456 F.2d 1295· 5th Cir.· 1972-02-24 ·cited 2×
  The court held that despite vacating the certificate of probable cause, it would reach the merits of the appeal in the interest of judicial administration.
• LeMOINE v. Ailes
  261 So. 2d 573· Fla. 1st DCA· 1972-02-08 ·cited 2×·via Habeas Corpus Proceedings
  A mother sought habeas corpus relief to recover custody of her minor son from her parents, who were withholding the child in violation of a 1966 divorce decree awarding custody to the mother. The court upheld the mother's right to custody, finding her to be a fit and proper perso
• Ruchell MaGEE v. Nelson
  455 F.2d 275· 9th Cir.· 1972-02-07 ·cited 2×
  The court held that the petitioner's claims of inaccurate transcripts, mistreatment during trial, and perjured testimony did not demonstrate prejudice sufficient to warrant habeas corpus relief.
• United States ex rel. Eugene H. Kidd v. Commonwealth OF Pa. & Dist. Attorney of Philadelphia Cnty.
  453 F.2d 247· 3d Cir.· 1971-12-29 ·cited 2×·via Federal Habeas Corpus
  The court held that the prisoner's claims of incompetent counsel and an invalid guilty plea lacked merit, and affirmed the denial of habeas corpus relief.
• Thomas v. Beto
  452 F.2d 1072· 5th Cir.· 1971-12-22 ·cited 2×
  The court held that the district court did not err in denying the habeas corpus writ without a hearing, as the state court's findings were supported by the record and not clearly erroneous.
• Grover Cleveland McDANIEL v. Jones
  447 F.2d 490· 5th Cir.· 1971-08-27 ·cited 2×
  The court held that the dismissal of both the habeas corpus application and the civil rights action were improper and required reversal.
• Wilwording v. Swenson
  446 F.2d 553· 8th Cir.· 1971-08-02 ·cited 2×·via Federal Habeas Corpus
  The court held that a prior denial of a habeas corpus petition on the merits is controlling if the same ground is presented and the ends of justice would not be served by reaching the merits again.
• Application of Lyle Nelson for a Writ of Habeas Corpus
  445 F.2d 631· 8th Cir.· 1971-07-01 ·cited 2×·via Federal Habeas Corpus
  The court vacated its prior judgment and remanded the case to the district court for fact-finding on an issue raised by the Solicitor General.
• United States ex rel. Warren E. Cronan v. Hon. Vincent R. Mancusi
  444 F.2d 51· 2d Cir.· 1971-06-11 ·cited 2×·via Federal Habeas Corpus
  The court held that the petitioner's confessions were voluntary and that the state proceedings adequately determined their voluntariness, thus denying the petition for a writ of habeas corpus.
• Cain v. Hoyt C. Cupp
  442 F.2d 356· 9th Cir.· 1971-04-28 ·cited 2×
  The court held that the prosecutor's actions, including calling a witness who invoked the Fifth Amendment and commenting on that invocation in closing arguments, denied the petitioner a fair trial.
• Dennis v. Louie L. Wainwright
  247 So. 2d 88· Fla. 2d DCA· 1971-04-21 ·cited 2×
  Dennis sought habeas corpus relief after his notice of appeal was filed late due to alleged negligence by a state employee. The court referred the matter to a commissioner to determine whether Dennis was negligent and whether the state employee's actions constituted state action.
• Basil H. Rutter v. Wright
  439 F.2d 1002· 6th Cir.· 1971-03-31 ·cited 2×·via Federal Habeas Corpus
  A petitioner must exhaust state remedies under the Tennessee Post-Conviction Procedure Act of 1967 before seeking federal habeas corpus relief, as the Act provides an available remedy for challenging convictions.
• Fretwell v. Louie L. Wainwright
  246 So. 2d 132· Fla. 4th DCA· 1971-03-26 ·cited 2×
  Milton Fretwell, an indigent defendant convicted of robbery and sentenced to 40 years, was denied his right to appeal when court-appointed counsel withdrew claiming the appeal was frivolous without following the procedural safeguards required by Anders v. California. The court gr