28 U.S.C. § 2254(D) Presumption Of Correctness For State Court Findings

86 Florida cases classified under this topic · sorted by citation count · browse and sort

• 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.
• 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.
• 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.
• 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.
• Steele v. Taylor
  684 F.2d 1193· 6th Cir.· 1982-07-28 ·cited 38×
  The dissenting judge believes the defendants were deprived of their Sixth Amendment right to confrontation due to the admission of double hearsay evidence, and that the waiver of this right was improperly found.
• Hayes v. Kincheloe
  784 F.2d 1434· 9th Cir.· 1986-03-19 ·cited 35×
  A guilty plea is involuntary if the defendant does not receive actual notice of the true nature of the charge against him or possess an understanding of the law in relation to the facts.
• Agee v. J.D. White
  809 F.2d 1487· 11th Cir.· 1987-02-13 ·cited 34×
  The court held that a confession obtained after an illegal arrest is admissible if the taint of the arrest is sufficiently attenuated by intervening circumstances, and that a suspect's subjective belief of immunity, absent police misrepresentation, does not render a Miranda waive
• Allen v. State OF Ala.
  728 F.2d 1384· 11th Cir.· 1984-04-02 ·cited 33×
  The court held that a federal district court must grant an evidentiary hearing to a habeas applicant when the merits of the factual dispute were not resolved in the state hearing, and the state factual determination is not fairly supported by the record.
• Daugherty v. Dugger
  839 F.2d 1426· 11th Cir.· 1988-02-12 ·cited 32×
  The court held that the appellant failed to demonstrate prejudice from his counsel's alleged ineffectiveness regarding a jury instruction and the failure to present psychiatric testimony, and that his claim regarding prosecutorial discretion was procedurally barred.
• Hines v. Enomoto
  658 F.2d 667· 9th Cir.· 1981-10-05 ·cited 32×
  The majority's conclusion that the state's inadvertent provision of fewer peremptory challenges than statutorily required violates the Due Process Clause is foreclosed by Supreme Court precedent.
• Davis v. Wyrick
  766 F.2d 1197· 8th Cir.· 1985-06-28 ·cited 28×
  The court held that the petitioner is not entitled to habeas corpus relief because his claims regarding competency, prosecutorial misconduct, insufficient evidence, trial court bias, and jury selection lack merit or are unexhausted.
• Maglaya v. Buchkoe
  515 F.2d 265· 6th Cir.· 1975-04-21 ·cited 26×
  The court held that the defendant may have been deprived of effective assistance of counsel due to counsel's failure to investigate and present critical evidence regarding the prosecution's key witness's mental condition.
• Andersen v. Thieret
  903 F.2d 526· 7th Cir.· 1990-06-05 ·cited 24×
  The court held that the petitioner's confession was voluntary and that the admission of his statements did not violate Miranda, affirming the denial of his habeas petition.
• Antone v. Strickland
  706 F.2d 1534· 11th Cir.· 1983-06-13 ·cited 24×
  The court affirmed the denial of habeas corpus relief, finding petitioner's claims without merit, but remanded to the district court to consider the effects of a pending Supreme Court decision.
• United States ex rel. Clarence Rivers v. Franzen
  692 F.2d 491· 7th Cir.· 1982-11-10 ·cited 22×
  The court held that the post-trial evidence of the petitioner's alleged incompetency did not retroactively render his trial unfair, and thus, the trial court was not constitutionally required to hold a post-trial competency hearing.
• Hawkins v. Lynaugh
  844 F.2d 1132· 5th Cir.· 1988-04-29 ·cited 20×
  The court held that the defendant's confession was voluntary and the evidence was sufficient to sustain the conviction, affirming the denial of federal habeas relief.
• Miller v. Fenton
  741 F.2d 1456· 3d Cir.· 1984-08-17 ·cited 18×
  The court held that the majority erred in treating the voluntariness of a confession as a question of fact, thereby deferring to state court findings, when Supreme Court precedent establishes it as a mixed question of law and fact requiring independent federal review.
• Plunkett v. W.J. Estelle, Jr.
  709 F.2d 1004· 5th Cir.· 1983-07-22 ·cited 18×
  The majority erred by failing to give sufficient deference to the Texas Court of Criminal Appeals' findings regarding the jury charge and prosecutor's argument.
• Deutscher v. Harol Whitley
  884 F.2d 1152· 9th Cir.· 1989-08-31 ·cited 17×
  The court held that the district court erred in dismissing the habeas corpus petition and that the petitioner was deprived of effective assistance of counsel due to counsel's failure to investigate and present mitigating evidence at the penalty phase.
• King v. Lynaugh
  868 F.2d 1400· 5th Cir.· 1989-03-21 ·cited 16×
  The court, in a concurring opinion, expresses reservations about applying the contemporaneous objection rule to claims that have been revived by Supreme Court certiorari, suggesting that such claims should be reviewed on their merits.
• Smith v. Endell
  860 F.2d 1528· 9th Cir.· 1988-11-14 ·cited 16×
  The dissenting judge would hold that the defendant's statements did not unambiguously invoke his right to counsel, and therefore the confession should not be suppressed.
• Tinsley v. Purvis
  731 F.2d 791· 11th Cir.· 1984-05-07 ·cited 16×
  The court held that the defendant's waiver of counsel was knowing and voluntary, despite the interrogating officers not asking specific questions about his desire for counsel to be present.
• Schlang v. Heard
  691 F.2d 796· 5th Cir.· 1982-11-18 ·cited 16×
  The court held that the petitioner's claims did not raise disputed issues of material fact and affirmed the district court's dismissal, treating it as a grant of summary judgment.
• Carlson Tanner, Jr. v. Vincent
  541 F.2d 932· 2d Cir.· 1976-08-27 ·cited 16×
  A custodial statement made after complete Miranda warnings is not rendered involuntary solely because it was preceded by an unwarned or inadequately warned statement.
• Syvasky Lafayette Poyner v. Murray
  964 F.2d 1404· 4th Cir.· 1992-05-08 ·cited 14×
  The court held that the defendant's statement was a request for clarification, not an invocation of his right to counsel, and that even if it were, his subsequent statements reinitiated interrogation and constituted a knowing and intelligent waiver of his rights.
• United States ex rel. Jerry Devine v. Richard DeROBERTIS & the Attorney Gen. of the State of Ill.
  754 F.2d 764· 7th Cir.· 1985-02-12 ·cited 14×
  The court held that the identity of trial and appellate counsel from the same firm constitutes sufficient 'cause' to overlook a procedural default regarding an ineffective assistance of counsel claim.
• Mrs. Leo H. Hays v. Al Murphy
  663 F.2d 1004· 10th Cir.· 1981-10-26 ·cited 14×
  The court held that the district court's finding of competency was based on inadequate evaluations, requiring reversal and remand for further proceedings.
• Hill
  440 F.2d 34· 5th Cir.· 1971-03-11 ·cited 14×
  The court affirmed the denial of habeas corpus relief, finding that the petitioner's claims were either previously adjudicated by state courts, not sufficiently prejudicial, or not properly exhausted.
• Shedelbower v. Estelle
  885 F.2d 570· 9th Cir.· 1989-09-12 ·cited 12×
  The court held that the appellant's confession was not obtained in violation of his constitutional rights, as he initiated further discussion after invoking his right to counsel and validly waived those rights under the totality of the circumstances.
• Profitt v. Waldron
  831 F.2d 1245· 5th Cir.· 1987-10-27 ·cited 12×
  The court held that the petitioner's counsel provided ineffective assistance by failing to adequately investigate his prior mental history, which prejudiced his defense. The court also affirmed the denial of habeas relief on the Brady and competency issues.
• United States ex rel. James W. Green v. Greer
  667 F.2d 585· 7th Cir.· 1981-12-10 ·cited 12×
  A federal district court is not required to examine the full trial record in a habeas corpus petition alleging insufficiency of evidence if the petitioner fails to identify any inaccuracies or incompleteness in the factual summaries already before the court.
• Jordan v. Estelle
  594 F.2d 144· 5th Cir.· 1979-04-30 ·cited 12×
  The court held that a habeas petitioner is entitled to an evidentiary hearing on claims of ineffective assistance of counsel when the record does not support the state's factual assertions.
• Blair v. Armontrout
  976 F.2d 1130· 8th Cir.· 1992-09-18 ·cited 10×
  The court held that the prosecutor's systematic use of peremptory challenges to exclude black jurors, coupled with appeals to racial prejudice in closing arguments, violated the defendant's right to a fair trial and entitled him to a new trial.
• Kavin Wayne Lincecum v. Collins
  958 F.2d 1271· 5th Cir.· 1992-04-07 ·cited 10×
  The court held that the trial court did not err in refusing to instruct the jury on lesser included offenses, and that the district court did not err in denying an evidentiary hearing on claims of ineffective assistance of counsel and unconstitutionality of the death penalty stat
• Blair v. Armontrout
  916 F.2d 1310· 8th Cir.· 1990-09-24 ·cited 10×
  The court held that the state court's factual finding that no deal existed between the prosecutor and a key witness was supported by the record and thus presumed correct, meaning no knowing use of perjured testimony occurred. The court also held that the defendant's waiver of Mir
• Bouchillon v. Collins
  907 F.2d 589· 5th Cir.· 1990-08-07 ·cited 10×
  The court held that the petitioner was denied effective assistance of counsel because his attorney failed to investigate his mental health history, which likely impacted the outcome of his guilty plea.
• Smith v. E.P. Perini
  723 F.2d 478· 6th Cir.· 1983-12-15 ·cited 10×
  The dissenting judge argues that the identification procedures were unnecessarily suggestive and created a substantial likelihood of irreparable misidentification, violating due process.
• Brown v. Dugger
  831 F.2d 1547· 11th Cir.· 1987-11-13 ·cited 9×
  The court held that limiting cross-examination into a witness's potential deal with the state violated the Confrontation Clause and was not harmless error.
• Bennett v. Scroggy
  793 F.2d 772· 6th Cir.· 1986-06-19 ·cited 8×
  The Sixth Circuit held that the trial court's denial of a continuance to secure a witness violated the appellant's Sixth and Fourteenth Amendment rights, warranting a grant of habeas corpus relief.
• Birt v. Montgomery
  709 F.2d 690· 11th Cir.· 1983-07-11 ·cited 8×
• Bishop v. Rose
  701 F.2d 1150· 6th Cir.· 1983-03-08 ·cited 8×
  The court held that the state's acquisition and use of a defendant's confidential statement prepared for his attorney violated the Sixth Amendment right to effective assistance of counsel, and this violation was not harmless error.
• Lamar v. Fred Banks
  684 F.2d 714· 11th Cir.· 1982-08-26 ·cited 8×
  The court held that the Georgia 'fighting words' statute is not facially unconstitutional, but reversed and remanded for an evidentiary hearing on whether it was unconstitutionally applied.
• Johnson v. Wyrick
  653 F.2d 1234· 8th Cir.· 1981-07-20 ·cited 8×
  The court held that the district court correctly denied the petition for a writ of habeas corpus, affirming the denial of relief.
• United States ex rel. Dominick Sabella v. Hon. H. W. Follette
  432 F.2d 572· 2d Cir.· 1970-10-13 ·cited 8×
  The court affirmed the denial of the habeas corpus petition, finding no constitutional error in the state court convictions.
• Siers v. Ryan
  773 F.2d 37· 3d Cir.· 1985-09-20 ·cited 7×
  A guilty plea induced by the fear of a heavier sentence if a jury trial is chosen, or by the perceived leniency of a judge in a non-jury trial, does not render the plea involuntary or unconstitutional, provided it is made intelligently and with competent legal advice.
• Robert v. Black, Jr.
  962 F.2d 394· 5th Cir.· 1992-05-21 ·cited 6×
  The court denied the application for a certificate of probable cause and the motion for a stay of execution.
• Purvis v. Dugger
  932 F.2d 1413· 11th Cir.· 1991-06-10 ·cited 6×
  The dissenting judge would grant the writ of habeas corpus, finding that the admission of Purvis's confession violated Miranda, either due to custody issues or the improper admission of details obtained after custody began.
• Clark v. Commonwealth OF Pa.
  892 F.2d 1142· 3d Cir.· 1989-12-27 ·cited 6×
  The court held that the 1974 convictions, obtained without a required juvenile certification hearing, were constitutionally infirm and should not have been considered in sentencing for the 1979 conviction.
• Wilson v. Mintzes
  733 F.2d 424· 6th Cir.· 1984-05-04 ·cited 6×
  The trial court's denial of the defendant's request for substitute counsel, made due to an irreconcilable conflict and ineffective representation, deprived the defendant of his Sixth Amendment right to effective assistance of counsel.
• King v. Ponte
  717 F.2d 635· 1st Cir.· 1983-09-14 ·cited 6×
  The court held that the undisclosed exculpatory evidence, even if considered, would not have affected the outcome of the trial, and thus affirmed the denial of the habeas corpus petition.