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

• Wenzler v. Pitchess
  359 F.2d 402· 9th Cir.· 1966-04-11 ·cited 2×·via Federal Habeas Corpus
  The court held that the film sold by the defendant constituted hard core pornography and thus was not protected by the First Amendment.
• Harper v. Louie L. Wainwright
  184 So. 2d 881· Fla.· 1966-04-06 ·cited 2×
  The Florida Supreme Court denied a petition for a writ of habeas corpus, finding that the petitioner's claims regarding his new trial motion and denial of appellate counsel should first be addressed by the trial court.
• Vertree v. Louie L. Wainwright
  184 So. 2d 420· Fla.· 1966-03-23 ·cited 2×
  The Florida Supreme Court discharged a writ of habeas corpus, allowing the petitioner to reapply for relief in the trial court. This was based on a subsequent ruling that might entitle him to an evidentiary hearing.
• Grant v. State
  183 So. 2d 596· Fla. 1st DCA· 1966-02-24 ·cited 2×
  Ernest Eugene Grant challenged a Florida Department of Corrections rule denying statutory gain time to inmates in maximum security confinement. The court affirmed the denial of habeas corpus relief, finding that Grant was lawfully detained and that habeas corpus is not the proper
• Grear v. Maxwell
  355 F.2d 991· 6th Cir.· 1966-02-09 ·cited 2×
  The court held that the appellant was not subjected to double jeopardy by the juvenile court proceedings and that the legality of his psychiatric commitment was irrelevant to his current habeas corpus petition.
• Olguin v. COX
  355 F.2d 479· 10th Cir.· 1966-01-24 ·cited 2×
  The court held that defects in proceedings prior to arraignment and trial were waived absent a showing of prejudice.
• Denver Powell v. Maxwell
  350 F.2d 353· 6th Cir.· 1965-08-31 ·cited 2×
  The court held that the trial court's procedure for determining the voluntariness of the confession, consistent with Jackson v. Denno, satisfied constitutional requirements, and affirmed the denial of the habeas corpus petition.
• Hillegas v. Sams
  349 F.2d 859· 5th Cir.· 1965-08-16 ·cited 2×·via Federal Habeas Corpus
  The court held that deliberate, purposeful use of state criminal machinery to deny constitutional rights constitutes an "extraordinary" case justifying pre-trial federal habeas relief, despite prior rulings to the contrary.
• Foster v. United States
  345 F.2d 675· 6th Cir.· 1965-05-20 ·cited 2×·via Habeas Corpus Proceedings
  The court held that illegal arrest, detention, and sufficiency of evidence are not grounds for relief under 28 U.S.C.A. § 2255, and counsel is not constitutionally required for such collateral attacks.
• Jackson v. State
  172 So. 2d 7· Fla. 1st DCA· 1965-02-23 ·cited 2×
  A. C. Jackson appeals the denial of his habeas corpus petition seeking credit for time served under a void sentence in one criminal case toward his sentence in an unrelated subsequent case. The Florida appellate court affirmed the trial court's denial, holding that time served un
• Richardson v. Louie L. Wainwright
  171 So. 2d 375· Fla.· 1965-02-03 ·cited 2×
  The Florida Supreme Court denied a habeas corpus petition, holding that time spent on parole must be excluded when calculating the completion of a sentence. This ensures that parole violations do not count towards serving the sentence.
• Jones v. Davis
  336 F.2d 594· 6th Cir.· 1964-09-22 ·cited 2×
  The District Court properly denied the writ of habeas corpus because the petitioner has an available post-conviction remedy in the state courts.
• Perez v. Louie L. Wainwright
  164 So. 2d 823· Fla.· 1964-06-03 ·cited 2×
  Andrew Perez petitioned for habeas corpus challenging the Division of Corrections' failure to credit him with 112 days spent in jail awaiting his first trial. The Florida Supreme Court held that despite statutory requirements for specific designation of jail time credit, the tria
• Gibbs v. Beto
  332 F.2d 442· 5th Cir.· 1964-05-22 ·cited 2×
  The court held that advising a guilty plea to avoid a mandatory life sentence, even with knowledge of prior insanity commitments, does not constitute ineffective assistance of counsel.
• Mitchell v. Henslee
  332 F.2d 16· 8th Cir.· 1964-05-04 ·cited 2×·via Federal Habeas Corpus
  The court held that the district court erred in finding that the appellant waived his constitutional claims by failing to raise them on direct appeal, as waiver requires an intentional relinquishment of a known right.
• Lake v. Cameron
  331 F.2d 771· D.C. Cir.· 1964-01-09 ·cited 2×
• Simcox v. Harris
  324 F.2d 376· 8th Cir.· 1963-11-18 ·cited 2×
  The court held that the denial of the writ of habeas corpus was proper, as the appellant remained subject to military law and court-martial jurisdiction.
• Gafford v. Louie L. Wainwright
  157 So. 2d 138· Fla.· 1963-11-01 ·cited 2×
  John Henry Gafford sought habeas corpus relief from his state prison sentence, but the Florida Supreme Court denied the petition because he failed to exhaust his remedies under Criminal Procedure Rule #1 before seeking collateral relief.
• Weller v. Russell
  321 F.2d 848· 3d Cir.· 1963-07-23 ·cited 2×
  The court held that the search warrant and affidavit were valid, and the search was not unlawful, thus denying the petition for a writ of habeas corpus.
• Stubbs v. Bomar
  321 F.2d 535· 6th Cir.· 1963-06-28 ·cited 2×·via Federal Habeas Corpus
  The court held that the federal district court correctly denied the petition for a writ of habeas corpus because the petitioner failed to exhaust his available state remedies.
• Johnson v. Settle
  310 F.2d 349· 8th Cir.· 1962-11-05 ·cited 2×
  The court held that the appellant's application for a writ of habeas corpus was properly denied without a hearing because he had not first applied to his committing court for a determination of competency.
• Tyndall v. Cochran
  143 So. 2d 489· Fla.· 1962-07-25 ·cited 2×
  Eugene Tyndall petitioned for habeas corpus after his probation was revoked and he was sentenced to imprisonment for manslaughter. The Florida Supreme Court addressed whether the trial judge properly revoked probation without holding a hearing after Tyndall allegedly denied the v
• Morgan v. Cochran
  142 So. 2d 4· Fla.· 1962-05-31 ·cited 2×
  The Florida Supreme Court granted a writ of habeas corpus to Gary Thomas Morgan, finding his imprisonment illegal due to non-compliance with a statutory notice requirement. The court ordered his release pending further proceedings on the escape charge.
• United States ex rel. Paul Pierce and Donald Joseph v. Ward Lane
  302 F.2d 38· 7th Cir.· 1962-04-24 ·cited 2×
• Posey v. Attorney General OF the United States and Dr. R. O. Settle
  298 F.2d 604· 8th Cir.· 1962-02-07 ·cited 2×
  The court held that the district court was not required to issue a writ of habeas corpus or grant a hearing on the question of release from federal custody, as the situation had not yet reached a point where such relief was warranted.
• Warner v. Cochran
  135 So. 2d 421· Fla.· 1961-09-27 ·cited 2×
  Habeas corpus is not a substitute for appeal and cannot determine guilt or sufficiency of evidence.
• United States ex rel. Leo Carson v. Wilkins
  292 F.2d 321· 2d Cir.· 1961-07-06 ·cited 2×
  A state court conviction based on a guilty plea, even without counsel, may stand if the defendant knowingly and intentionally waived the offer of counsel and the proceedings were not fundamentally unfair.
• Marvin Miller aka Marvin James Miller v. E. J. Oberhauser and/or R. W. Wood
  293 F.2d 29· 9th Cir.· 1961-06-23 ·cited 2×
  The court denied the petition for a writ of habeas corpus, finding no merit in the petitioner's claims and noting his noncompliance with procedural rules.
• Turpin v. Beryle C. Sacks
  291 F.2d 223· 6th Cir.· 1961-06-02 ·cited 2×
  The court held that habeas corpus is not a substitute for appeal and cannot be used to challenge a conviction where the sentencing court had jurisdiction and the sentence was not void.
• In re Matheisel
  289 F.2d 824· 1st Cir.· 1961-05-05 ·cited 2×
  The court held that habeas corpus is not available for non-physical restraints or economic duress.
• United States ex rel. Frank Cutrone v. FAY
  289 F.2d 470· 2d Cir.· 1961-04-28 ·cited 2×
  A state prisoner seeking federal habeas corpus relief based on a state conviction used for increased punishment must first exhaust available state remedies to challenge that conviction and its classification as a felony under the sentencing state's law.
• Wigand v. Taylor
  285 F.2d 594· 10th Cir.· 1960-12-23 ·cited 2×·via Habeas Corpus Review
  The failure to consolidate charges for trial, as suggested by a manual provision, does not violate a fundamental right reviewable by a civil court in a habeas corpus proceeding.
• DI Marco v. Cochran
  124 So. 2d 130· Fla.· 1960-11-07 ·cited 2×
  This case involves a habeas corpus petition filed by a sixteen-year-old who was sentenced for robbery. The petitioner claims he did not receive statutory notice required for minors before trial. The Florida Supreme Court referred the case to a circuit judge to determine if the no
• Sullivan v. Dickson
  283 F.2d 725· 9th Cir.· 1960-10-03 ·cited 2×
  The court held that the requested relief, compelling a non-party to produce documents, was not available in the current proceeding, which was not a pending action for habeas corpus.
• Kesel v. Reid
  283 F.2d 365· D.C. Cir.· 1960-09-08 ·cited 2×
  The court held that the denial of the habeas corpus petition without a hearing was an error, given the unchallenged allegations of mental incompetence and lack of clear advice regarding counsel.
• Conlon Wilmott v. Wilmott
  122 So. 2d 486· Fla. 1st DCA· 1960-08-02 ·cited 2×
  A father appealed the dismissal of his habeas corpus petition seeking return of his minor child from the mother in Florida, based on a temporary custody order from a Georgia court. The Florida appellate court affirmed the dismissal, holding that habeas corpus is not the proper re
• Erwin Allison Shook v. State OF Ohio
  274 F.2d 853· 6th Cir.· 1960-02-04 ·cited 2×
  A federal court cannot grant a writ of habeas corpus to compel a state to bring a prisoner to trial on a pending indictment when the prisoner is lawfully serving a sentence for another crime and does not allege unlawful restraint.
• State of Fla. ex rel. Wallace Smith v. Cochrane
  112 So. 2d 605· Fla. 2d DCA· 1959-06-09 ·cited 2×
  The Florida District Court of Appeal granted a writ of habeas corpus, vacating a conviction and sentence because the statute under which the petitioner was convicted had been declared unconstitutional by the Florida Supreme Court.
• Will Parks Clay v. United States
  260 F.2d 564· 5th Cir.· 1958-11-05 ·cited 2×·via Habeas Corpus Review
  The court held that the appellant's current claims are not cognizable under 28 U.S.C.A. § 2255 and do not warrant collateral attack.
• Broxton B. Thornton v. Culver
  105 So. 2d 489· Fla.· 1958-10-01 ·cited 2×
  A judgment of guilt must conform to the offense to which a plea of guilty was entered; one cannot plead guilty to one offense and be adjudged guilty of another.
• The Superior Court OF The State OF Cal. v. United States Dist. Court
  256 F.2d 844· 9th Cir.· 1958-04-07 ·cited 2×
  A federal District Court cannot issue a writ of certiorari to a state court, as such power is reserved for the Supreme Court and is limited to federal questions or inferior federal courts.
• United States ex rel. Fred Hunter v. Bibb
  249 F.2d 839· 7th Cir.· 1957-12-10 ·cited 2×
  The court held that the prisoner's petition for a writ of habeas corpus was properly dismissed for failure to exhaust state remedies and due to pending state proceedings.
• Simpson v. Harley O. Teets
  248 F.2d 465· 9th Cir.· 1957-10-03 ·cited 2×·via Federal Habeas Corpus
  The court held that without a certificate of probable cause, an appeal from a denial of a habeas corpus petition is not valid.
• Karrell v. United States
  247 F.2d 706· 9th Cir.· 1957-08-08 ·cited 2×·via Habeas Corpus (28 U.S.C. § 2255)
  The court held that the defendant's prior appeal had already decided the statutory construction issue, and the current attempt to vacate the conviction under § 2255 was procedurally flawed and moot.
• Williams v. Heritage
  250 F.2d 390· 9th Cir.· 1957-05-29 ·cited 2×
  A federal prisoner seeking to challenge his sentence must first apply to the sentencing court under 28 U.S.C.A. § 2255 before seeking habeas corpus in another district.
• Chapman v. Warden H. O. Teets of San Quentin
  241 F.2d 186· 9th Cir.· 1957-01-23 ·cited 2×
  The court held that the submitted document could not be entertained as an appeal due to untimeliness and lack of a certificate of probable cause, nor as a habeas corpus petition because the petitioner had not exhausted state remedies and presented an untenable legal argument.
• Garcia v. Brownell
  236 F.2d 356· 9th Cir.· 1956-08-06 ·cited 2×
  The court held that the allegations of the petition, supported by the affidavit, must be taken as true, establishing an existing controversy regarding Garcia's citizenship.
• United States ex rel. Steve Avramovich v. Lehmann
  235 F.2d 260· 6th Cir.· 1956-08-01 ·cited 2×
  The court held that the evidence was sufficient to sustain the deportation order under the Internal Security Act of 1950, and the judiciary cannot question the wisdom of Congress's deportation policies.
• Severo Ruiz Chavez v. McGRANERY
  220 F.2d 857· 9th Cir.· 1955-03-29 ·cited 2×
  The court held that the district court's dismissal was proper because the sole defendant served could not provide relief and an indispensable party was absent.
• State of Fla. ex rel. Charlie Copeland, Jr. v. Mayo
  78 So. 2d 399· Fla.· 1955-03-01 ·cited 2×
  Charlie Copeland petitioned for habeas corpus challenging the legality of his death sentence for rape, arguing that a 1953 amendment to the Child Molester Act should have limited his sentence to 25 years rather than death. The Florida Supreme Court denied the petition, holding th