28 U.S.C. § 2254(D)

712 Florida cases classified under this topic, plus 59 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Knight v. State
  394 So. 2d 997· Fla.· 1981-02-24 ·cited 744×
  Thomas Knight petitioned for habeas corpus claiming ineffective assistance of appellate counsel in his capital case. The Florida Supreme Court adopted a four-step test for evaluating ineffective assistance of counsel claims and rejected each of Knight's four specific allegations
• McQUEEN v. Swenson
  498 F.2d 207· 8th Cir.· 1974-06-04 ·cited 183×
  The court held that the petitioner's trial counsel's failure to conduct any pretrial investigation beyond interviewing the defendant constituted ineffective assistance of counsel, violating the Sixth and Fourteenth Amendments.
• Alvord v. Louie L. Wainwright
  725 F.2d 1282· 11th Cir.· 1984-02-10 ·cited 130×
  The Eleventh Circuit reversed the district court's grant of habeas corpus on the death sentence, finding that reliance on a non-statutory aggravating factor (future dangerousness) was not constitutional error under Supreme Court precedent. The court also affirmed the denial of ha
• Lightbourne v. Dugger
  829 F.2d 1012· 11th Cir.· 1987-09-18 ·cited 128×
  The court held that the informant's actions were attributable to the state and that the informant deliberately elicited incriminating statements, violating the defendant's Sixth Amendment right to counsel.
• Nollie Lee Martin v. Louie L. Wainwright
  770 F.2d 918· 11th Cir.· 1985-08-26 ·cited 118×
  The court's precedent on general deterrence evidence in capital penalty phases is contradictory and creates an unfair advantage for the prosecution.
• Smith v. Balkcom
  660 F.2d 573· 5th Cir.· 1981-11-02 ·cited 116×
  The court held that the exclusion of veniremen unequivocally opposed to the death penalty did not violate the Sixth and Fourteenth Amendments, and that Georgia's capital sentencing review procedures were constitutionally adequate.
• Harris v. Pulley
  692 F.2d 1189· 9th Cir.· 1982-09-16 ·cited 89×·via 28 U.S.C. § 2254(D)(8)
  The court held that the California statute is unconstitutional because it lacks a requirement for written jury findings supporting the death penalty, preventing adequate appellate review.
• Damion Hayes v. Sec'y, Fla. Dep't of Corr.
  10 F.4th 1203· 11th Cir.· 2021-08-25 ·cited 86×
  Damion Hayes, convicted of attempted first-degree murder and armed trespassing, sought habeas corpus relief contending that his trial counsel rendered ineffective assistance by withdrawing an insanity defense on the first day of trial without adequately explaining the difference
• Lindsey v. Smith
  820 F.2d 1137· 11th Cir.· 1987-06-12 ·cited 78×
  The court affirmed the denial of the habeas corpus petition, finding that the appellant's claims were either procedurally barred or without merit.
• O'Bryan v. W.J. Estelle, Jr.
  714 F.2d 365· 5th Cir.· 1983-08-26 ·cited 75×
  The Fifth Circuit should apply the same standard of review in Witherspoon cases as in other habeas corpus matters, giving deference to state court factual findings unless clearly erroneous, and remanding for evidentiary hearings when the record is unclear.
• Thompson v. Louie L. Wainwright
  601 F.2d 768· 5th Cir.· 1979-08-27 ·cited 75×
• Cunningham v. Zant
  928 F.2d 1006· 11th Cir.· 1991-03-27 ·cited 73×
  The court held that the trial court's oral jury charge on mitigating circumstances during the sentencing phase was constitutionally deficient, warranting habeas relief, but found the jury charge on intent to be harmless error and the claim of ineffective assistance of counsel to
• Smith v. J.D. White
  815 F.2d 1401· 11th Cir.· 1987-05-01 ·cited 71×
  The court held that the evidence was sufficient to support the convictions and that the petitioner did not receive ineffective assistance of counsel or make involuntary statements.
• Mason v. Balcom
  531 F.2d 717· 5th Cir.· 1976-05-13 ·cited 71×
  The court affirmed the district court's judgment, finding that the petitioner's representation was perfunctory and thus ineffective.
• Askia Mustafa Raheem v. GDCP Warden
  995 F.3d 895· 11th Cir.· 2021-04-26 ·cited 70×
  Raheem was convicted of two homicides and sentenced to death by a Georgia judge; he challenged his conviction and sentence on federal habeas review, arguing that his trial counsel provided ineffective assistance by failing to fully investigate and present mitigating evidence of h
• United States ex rel. Charles Clark v. Fike
  538 F.2d 750· 7th Cir.· 1976-07-13 ·cited 70×·via 28 U.S.C. § 2254(D)(8)
  The court held that the petitioner's claims of prosecutorial misconduct and improper identification procedures did not rise to the level of constitutional error denying a fair trial.
• Bertolotti v. Dugger
  883 F.2d 1503· 11th Cir.· 1989-08-31 ·cited 69×
  The court held that the district court did not abuse its discretion in denying an evidentiary hearing on the ineffective assistance of counsel claim, and that counsel's performance was not deficient under the Sixth Amendment.
• United States ex rel. Lorenzo Catanzaro v. Mancusi
  404 F.2d 296· 2d Cir.· 1968-12-02 ·cited 68×
  The court held that the denial of the writ of habeas corpus was proper because the confessions were voluntary, the search was not illegal, and the eyewitness's perjury did not violate due process.
• Bashor v. Risley
  730 F.2d 1228· 9th Cir.· 1984-02-07 ·cited 66×
  The court held that the trial court's refusal to grant a change of venue denied the petitioner due process of law.
• Ross v. Hopper
  716 F.2d 1528· 11th Cir.· 1983-10-03 ·cited 66×
  The court affirmed the denial of federal habeas corpus relief, finding that the death penalty was not disproportionate, the state did not knowingly use perjured testimony, and evidentiary hearings were not required for the claims raised.
• Rubin F. Needel v. Palmer C. Scafati
  412 F.2d 761· 1st Cir.· 1969-03-20 ·cited 66×·via 28 U.S.C. § 2254(D)(8)
  The federal court erred in granting a writ of habeas corpus because the petitioner failed to exhaust state remedies by not presenting all relevant evidence and arguments to the state courts first. The state courts must be given the opportunity to rule on the complete record.
• Crosley Alexander Green v. Sec'y, Dep't of Corr.
  28 F.4th 1089· 11th Cir.· 2022-03-14 ·cited 64×·via 28 U.S.C. § 2254(D)(1)
  Crosley Green, a state prisoner convicted of murder, armed robbery, and kidnapping, petitioned for federal habeas corpus relief challenging his convictions on constitutional grounds. The Eleventh Circuit Court of Appeals affirmed the district court's denial of the writ, finding t
• Nardell U. Carter v. McCARTHY
  806 F.2d 1373· 9th Cir.· 1986-12-23 ·cited 63×
• Holleman v. Duckworth
  700 F.2d 391· 7th Cir.· 1983-02-18 ·cited 60×
  The court held that the district court correctly denied the petition for a writ of habeas corpus, affirming the admissibility of the confessions.
• Raulerson v. Warden
  928 F.3d 987· 11th Cir.· 2019-06-28 ·cited 59×·via 28 U.S.C. § 2254(D)(1)
  Billy Raulerson Jr., a Georgia death row inmate convicted of three murders, appealed the denial of his federal habeas corpus petition on grounds that his trial counsel was ineffective for failing to investigate and present mitigating evidence, that Georgia's requirement that he p
• Graham v. Solem
  728 F.2d 1533· 8th Cir.· 1984-03-05 ·cited 59×
  The court held that the admission of the victim's identification of Graham violated his due process rights due to impermissibly suggestive identification procedures that created a substantial likelihood of misidentification.
• Jones v. State
  446 So. 2d 1059· Fla.· 1984-02-02 ·cited 58×
  Leslie Jones, under a death sentence, appeals the trial court's denial of his Rule 3.850 motion for postconviction relief and motion to disqualify the trial judge. The Florida Supreme Court affirms both denials, holding that the trial judge's comments and compensation decisions d
• Mattheson v. King
  751 F.2d 1432· 5th Cir.· 1985-01-22 ·cited 57×
  The court held that the defendant failed to demonstrate ineffective assistance of counsel and that the jury selection process was constitutional. Therefore, the district court's denial of habeas corpus relief is affirmed.
• Parker v. Estelle
  498 F.2d 625· 5th Cir.· 1974-08-05 ·cited 57×
  The court affirmed the denial of habeas corpus relief, holding that the petitioner was not denied credit for time spent in a mental hospital and that his other claims lacked merit or were moot.
• Walberg v. Israel
  766 F.2d 1071· 7th Cir.· 1985-07-01 ·cited 56×
  The dissenting judge believes the petitioner failed to prove denial of effective assistance of counsel, and that state court findings of fact should be presumed correct.
• Smith v. Kemp
  715 F.2d 1459· 11th Cir.· 1983-09-09 ·cited 55×
  The court held that the petitioner's claims regarding a Giglio violation, arbitrary application of the death penalty, and jury unconstitutionality were without merit or procedurally barred.
• Sullivan v. Cuyler
  723 F.2d 1077· 3d Cir.· 1983-12-08 ·cited 54×
• Craig v. Beto
  458 F.2d 1131· 5th Cir.· 1972-03-31 ·cited 54×
  The court held that a state court's finding of an intelligent waiver of counsel, based solely on a docket sheet reciting advice of counsel, is insufficient to overcome a petitioner's testimony of indigence and lack of awareness of the right to appointed counsel.
• Rubin Carter and John Artis v. Rafferty
  826 F.2d 1299· 3d Cir.· 1987-08-21 ·cited 52×
  The court held that the prosecution's failure to disclose oral reports of a polygraph examination of a key witness constituted a Brady violation because the reports were material to impeaching the witness's credibility. The court affirmed the district court's grant of habeas corp
• Coleman v. Brown
  802 F.2d 1227· 10th Cir.· 1986-09-30 ·cited 50×
  The court held that the trial court properly excluded jurors opposed to the death penalty, the exclusion did not violate the cross-section requirement, and the petitioner received effective assistance of counsel.
• Garrison v. Maggio
  540 F.2d 1271· 5th Cir.· 1976-10-22 ·cited 49×
  The court held that the undisclosed police report, useful only for impeachment, did not meet the stricter materiality standard required for a new trial, and thus did not violate due process.
• Wilson v. O'Leary
  895 F.2d 378· 7th Cir.· 1990-02-07 ·cited 48×
  The court held that the statement made to Assistant State's Attorney Gainer was inadmissible as it was a mere relay of a coerced confession, and the state forfeited its harmless error argument. Statements made to Officer Dubois after Miranda warnings were admissible as they were
• Marino v. Vasquez
  812 F.2d 499· 9th Cir.· 1987-03-09 ·cited 48×
  The court held that jury misconduct involving an unauthorized dictionary definition of malice and an out-of-court experiment created a reasonable possibility of prejudice, warranting habeas relief for murder and attempted murder convictions, but not for felony false imprisonment.
• Tafero v. Louie L. Wainwright
  796 F.2d 1314· 11th Cir.· 1986-07-28 ·cited 47×
  The court held that the Florida Supreme Court's finding on direct appeal satisfied the Enmund requirement, and that Tafero's other claims, including ineffective assistance of counsel and disparate sentencing, were without merit.
• Knight v. Fla. Dep't of Corr.
  936 F.3d 1322· 11th Cir.· 2019-08-30 ·cited 46×
  The Eleventh Circuit held that the Supreme Court's decision in Hurst v. Florida does not apply retroactively to cases that became final before Hurst was decided, and therefore Knight cannot obtain federal habeas relief on that basis. The court also found that the Florida Supreme
• Sotelo v. Ind. State Prison & Linley E. Pearson
  850 F.2d 1244· 7th Cir.· 1988-06-29 ·cited 46×
  The court's opinion, which the author concurs with, applies de novo appellate review to the ultimate issue of confession voluntariness. However, the author argues this approach is incorrect.
• Wicker v. O.L. McCOTTER
  783 F.2d 487· 5th Cir.· 1986-02-18 ·cited 46×
  The court affirmed the denial of habeas corpus relief, finding no constitutional violations in the conviction or sentencing, including issues of hypnotically-enhanced testimony, juror exclusion, ineffective assistance of counsel, and Fourth Amendment claims.
• Thomas v. A.L. Lockhart
  738 F.2d 304· 8th Cir.· 1984-07-05 ·cited 46×
  The court held that the defendant did not receive effective assistance of counsel, and therefore his guilty plea was not voluntary, knowing, and intelligent.
• Stano Perri v. Dir., Dep't OF Corr., State OF Ill.
  817 F.2d 448· 7th Cir.· 1987-04-29 ·cited 44×
  The court held that a state court's determination of whether a defendant knowingly and intelligently waived Miranda rights is a factual finding entitled to the presumption of correctness under 28 U.S.C. § 2254(d).
• Reyes Barrera, Jr. v. Young
  794 F.2d 1264· 7th Cir.· 1986-07-09 ·cited 44×
  The court held that Barrera's confession was voluntary and did not violate his Sixth Amendment right to counsel, as he knowingly and intelligently waived his rights despite the interrogation tactics used.
• Martin v. Kemp
  760 F.2d 1244· 11th Cir.· 1985-05-21 ·cited 44×
  The court held that a guilty plea induced by threats against a third party is not an absolute bar to challenging the plea's voluntariness, and a remand for an evidentiary hearing is necessary if the state did not have probable cause for the threats.
• Goodwin v. Smith
  439 F.2d 1180· 5th Cir.· 1971-03-08 ·cited 44×
  The court held that the material facts were not adequately developed at the state habeas hearing, entitling the petitioner to an evidentiary hearing in federal court.
• United States ex rel. Johnnie L. Savory v. Lane
  832 F.2d 1011· 7th Cir.· 1987-10-30 ·cited 43×
  The court held that even though constitutional errors occurred during the trial, they were harmless beyond a reasonable doubt because the evidence of guilt was overwhelming.
• Chaney v. Brown
  730 F.2d 1334· 10th Cir.· 1984-03-21 ·cited 43×
  The court held that the withheld exculpatory evidence, while not affecting the murder conviction, might have influenced the jury's decision to impose the death penalty, thus violating due process.
• Griffin v. Louie L. Wainwright
  760 F.2d 1505· 11th Cir.· 1985-05-10 ·cited 42×
  The court held that the appellant did not receive ineffective assistance of counsel at any stage of the proceedings and that the district court did not err in denying an evidentiary hearing.