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
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439 F.2d 765·
9th Cir.·
1971-03-24
·cited 2×
The court held that the warrantless search was reasonable under the pre-Chimel totality of the circumstances test and affirmed the denial of habeas corpus.
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439 F.2d 1082·
2d Cir.·
1971-03-18
·cited 2×
The court held that the appellant failed to show the sentencing judge did not warn him of the potential consequences of a statute imposing a greater sentence for being armed.
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The court held that the district court erred in denying habeas relief for the assault conviction without an adequate record and may need to conduct an evidentiary hearing.
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The court held that the totality of the evidence was sufficient to sustain the perjury conviction and that the denial of the motion for grand jury records was proper.
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437 F.2d 1036·
8th Cir.·
1971-02-09
·cited 2×
The court held that the appellant's guilty plea was voluntary, despite procedural irregularities, and that newly discovered evidence of another person's confession does not warrant federal habeas corpus relief.
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Federal habeas courts do not review state court evidentiary rulings unless a constitutional right was violated.
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243 So. 2d 181·
Fla. 2d DCA·
1971-01-22
·cited 2×
Larry Dennis petitioned for habeas corpus after his notice of appeal was filed late, barring appellate review of his conviction. The court held that if the delay was caused by a state official's negligence rather than Dennis's own conduct, a constitutional question might arise re
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436 F.2d 1063·
5th Cir.·
1971-01-05
·cited 2×
The court held that the federal district court judgment denying habeas corpus relief should be affirmed because the appellant failed to exhaust his state remedies.
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241 So. 2d 860·
Fla. 2d DCA·
1970-12-11
·cited 2×
Jimmy Jones sought a writ of habeas corpus claiming he was denied the right to full appellate review of his second degree murder conviction, alleging the trial court failed to advise him of his appeal rights and his counsel failed to assist him by not appealing. The court denied
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The court held that the District Court did not err in denying the petition for habeas corpus relief, affirming the lower court's findings on all grounds.
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240 So. 2d 96·
Fla. 3d DCA·
1970-10-13
·cited 2×
Harvey Goodman appealed the denial of his habeas corpus petition challenging his extradition from Florida to California. The Florida appellate court affirmed the lower court's decision, finding that California's extradition demand was properly authenticated and supported by valid
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The court held that the district court did not err in denying the habeas corpus petition, as the petitioner's claims regarding the denial of counsel and the involuntariness of his confession lacked merit.
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432 F.2d 778·
2d Cir.·
1970-09-23
·cited 2×
A guilty plea can only be collaterally attacked if counsel's advice was incompetent, which was not alleged here.
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The judgment must be reversed because the state court record, crucial for determining if the guilty plea was induced by an unfulfilled promise, was not provided to the district court.
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428 F.2d 457·
2d Cir.·
1970-06-24
·cited 2×
A joint representation does not violate the Sixth Amendment unless specific prejudice resulting from the conflict is shown.
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A state prisoner must exhaust available state remedies before seeking federal habeas corpus relief.
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The court held that the trial court's restrictive 'pauper' standard for appointing counsel was unconstitutional and did not conform to federal mandate.
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The dissenting judge would affirm the trial court's finding that the appellant failed to meet the burden of proving an inadequate waiver of counsel.
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The court held that the district court did not err in denying the habeas corpus petition, as the issues raised did not present a federal constitutional question or were properly resolved.
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A habeas corpus petitioner who pleads guilty does not require an evidentiary hearing if the plea was voluntary and understood.
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231 So. 2d 238·
Fla. 3d DCA·
1970-02-03
·cited 2×
The court held that the petitioner's habeas corpus petition should be denied, and affirmed the trial court's order denying relief.
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The court held that the state failed to prove the defendant intelligently and understandingly waived his right to counsel at sentencing.
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230 So. 2d 1·
Fla.·
1969-10-01
·cited 2×
Calvin Howard petitioned for habeas corpus relief after his conviction for robbery and assault, alleging that custodial interrogation statements were admitted at trial without Miranda warnings. The Florida Supreme Court granted the writ, finding the police procedure—wherein offic
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415 F.2d 1126·
2d Cir.·
1969-09-18
·cited 2×
The court held that the substitution of a charge for attempted rape for attempted robbery did not deny due process, as the new charge arose from the same occurrence and did not prejudice the defense.
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415 F.2d 774·
5th Cir.·
1969-08-19
·cited 2×
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The court held that the petitioner's claims do not raise a federal question and that his statements were admissible under the law at the time of his conviction.
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414 F.2d 645·
5th Cir.·
1969-07-09
·cited 2×
The court held that a habeas corpus petitioner's claim of coerced guilty plea due to attorney misrepresentation regarding suppressed evidence was without merit, as the attorney's advice was factually correct and the alleged misrepresentation did not constitute state action.
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The court held that a pre-Miranda confession's admissibility is determined by its voluntariness, and the absence of counsel does not per se invalidate it.
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411 F.2d 1363·
9th Cir.·
1969-06-04
·cited 2×
The court held that the petitioner's statement was voluntary and not the product of coercion, and therefore his constitutional rights were not violated.
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The court held that the petitioner had not exhausted his state court remedies for the issues raised in his habeas corpus petition.
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218 So. 2d 542·
Fla. 3d DCA·
1969-02-11
·cited 2×
The appellate court affirmed the denial of the petition for a Writ of Habeas Corpus because the appellant failed to provide a sufficient record to demonstrate reversible error.
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406 F.2d 68·
7th Cir.·
1969-01-15
·cited 2×
A sentence imposed under the Illinois Habitual Criminal Act without proper notice and opportunity for a hearing violates the Due Process Clause of the Fourteenth Amendment.
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405 F.2d 883·
3d Cir.·
1969-01-15
·cited 2×
The court held that the arrest was valid and there was no violation of the Fourth Amendment, affirming the lower court's finding of a misdemeanor committed in the officers' presence.
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The court held that the petitioner's claims of ineffective assistance of counsel and coerced guilty plea did not present federal constitutional issues.
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402 F.2d 263·
5th Cir.·
1968-10-21
·cited 2×
The court held that prejudice cannot be presumed solely from the existence of pretrial publicity without proof of its influence on the trial or jury deliberations.
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398 F.2d 818·
7th Cir.·
1968-07-24
·cited 2×
The court held that the petitioner was properly arrested by DuPage County officials and their detention was legal, affirming the district court's denial of the habeas corpus petition.
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The court held that the district court erred in denying an evidentiary hearing on the appellant's habeas corpus petition.
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208 So. 2d 505·
Fla. 1st DCA·
1968-03-28
·cited 2×
Jim Johnson petitioned for a writ of habeas corpus claiming he was illegally detained and that jail time spent on parole commission warrants should have been credited toward his prison sentence. The court remanded the case, finding that while the parole revocation hearing did not
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387 F.2d 636·
5th Cir.·
1968-01-12
·cited 2×
The court held that the district court erred in denying a habeas corpus petition without a hearing when the petition alleged facts entitling the petitioner to relief, and the state conceded those facts and a factual error by the lower court.
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The court held that the district court's findings of fact were not clearly erroneous and were supported by substantial evidence, affirming the denial of the habeas corpus petition.
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389 F.2d 699·
6th Cir.·
1967-10-17
·cited 2×
The court held that the District Court did not err in denying the petition for a writ of habeas corpus, as the state courts had given full consideration to the petitioner's contentions.
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The court held that the appellant failed to meet the burden of proving the state court's finding of voluntariness was erroneous, under the amended federal habeas corpus statute.
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The court held that a prisoner's failure to appeal a state sentence, after being informed of his rights, constitutes a deliberate bypass of state remedies, justifying denial of federal habeas corpus relief.
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189 So. 2d 642·
Fla. 2d DCA·
1966-08-31
·cited 2×
Roland Campfield was convicted of robbery after trial with a co-defendant. He appealed on grounds that the trial court erred in admitting his co-defendant's confession at trial and in denying his motion for severance. The appellate court affirmed the conviction, finding no revers
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364 F.2d 804·
10th Cir.·
1966-08-11
·cited 2×
The court held that the failure to obtain a transcript of a prior mistrial did not deny the appellant his constitutional rights.
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363 F.2d 754·
9th Cir.·
1966-07-22
·cited 2×
The court held that the denial of the writ of habeas corpus must be affirmed because the applicant failed to provide any facts to support a claim of constitutional right denial.
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The court affirmed the denial of the motion to vacate the judgment, finding that the issues raised had been previously decided or waived, and that the sentence correction was favorable to the defendant.
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The court held that the petitioner was not denied effective assistance of counsel and intelligently waived his right to a jury trial by pleading guilty.
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361 F.2d 481·
6th Cir.·
1966-05-20
·cited 2×
The court held that the appellant's re-confinement was proper and no constitutional rights were denied.
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The court held that a minor previously adjudicated delinquent does not require a hearing within two days to justify continued detention.