28 U.S.C. § 2254(D)(8)

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

• Harris v. Pulley
  692 F.2d 1189· 9th Cir.· 1982-09-16 ·cited 89×
  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.
• United States ex rel. Charles Clark v. Fike
  538 F.2d 750· 7th Cir.· 1976-07-13 ·cited 70×
  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.
• Rubin F. Needel v. Palmer C. Scafati
  412 F.2d 761· 1st Cir.· 1969-03-20 ·cited 66×
  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.
• 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.
• Burns v. Clusen
  798 F.2d 931· 7th Cir.· 1986-08-04 ·cited 36×
  The court held that while the state may have failed to adequately prove witness unavailability, the admission of preliminary hearing testimony was harmless error due to the circumstances of the case.
• Nash v. Israel
  707 F.2d 298· 7th Cir.· 1983-05-19 ·cited 30×
  The court held that a guilty plea is invalid if the trial court fails to establish on the record that the defendant understood the elements of the charge, particularly when the defendant explicitly states confusion.
• United States ex rel. Alonzo Howard Jones v. Franzen
  676 F.2d 261· 7th Cir.· 1982-04-16 ·cited 22×
  The court held that the district court erred in dismissing the habeas corpus petition without reviewing the full state court record, as required by 28 U.S.C. § 2254(d)(8).
• United States ex rel. Paul K. Searcy v. Greer
  768 F.2d 906· 7th Cir.· 1985-07-26 ·cited 16×
  The admission of other crimes evidence, even if erroneous under state law, does not warrant federal habeas corpus relief unless it renders the trial fundamentally unfair. Denial of continuances for alibi witnesses was not an abuse of discretion given defense counsel's lack of dil
• Thames v. Dugger
  848 F.2d 149· 11th Cir.· 1988-06-27 ·cited 14×
  The court held that a motion for a certificate of probable cause can constitute a timely notice of appeal and that the district court erred in denying a habeas corpus petition without an adequate record or evidentiary hearing on the ineffective assistance of counsel claim.
• Lupe Hernandez Silva v. Estelle
  672 F.2d 457· 5th Cir.· 1982-04-05 ·cited 14×
  A confession obtained after a defendant invoked his right to counsel, even if readvised of his rights, is inadmissible.
• Johnson v. Crispus C. NIX
  763 F.2d 344· 8th Cir.· 1985-06-03 ·cited 10×
  The court affirmed the denial of the habeas corpus petition, finding that any error in admitting incriminating statements was harmless and that the defendant's other claims regarding a fair trial and jury impartiality were without merit.
• Nelson v. Fulcomer
  911 F.2d 928· 3d Cir.· 1990-08-17 ·cited 8×
  The court held that confronting a suspect who has invoked their right to remain silent with their alleged partner in crime, after informing the suspect that the partner has confessed, constitutes interrogation under Miranda and Innis, unless the suspect was not informed of the co
• United States ex rel. George L. Spears H-7506 v. Johnson
  463 F.2d 1024· 3d Cir.· 1972-06-23 ·cited 8×
  The court held that the district court's finding that the trial court denied Spears' right to summation was clearly erroneous and not supported by the record.
• Powell v. Wyrick
  744 F.2d 632· 8th Cir.· 1984-09-26 ·cited 6×
  The court held that the petitioner knowingly and intelligently waived his right to counsel, and there was no constitutional infirmity in his conviction.
• Lonberger v. Jago
  651 F.2d 447· 6th Cir.· 1981-06-11 ·cited 6×
  A federal court must explain its reasons for departing from state court findings of fact in a habeas corpus suit, and a prior conviction used as a specification for a greater offense is constitutionally infirm if the guilty plea to the prior offense was not intelligently made.
• United States ex rel. Louis Henry Burns v. LaVALLEE
  436 F.2d 1352· 2d Cir.· 1970-12-21 ·cited 6×
  The court held that the written statement obtained from the appellant was involuntary as a matter of federal constitutional law, despite state court findings to the contrary.
• Francois v. Murray Henderson
  850 F.2d 231· 5th Cir.· 1988-07-26 ·cited 5×
  The court held that the state trial judge's denial of release was not supported by the record and that the patient was not mentally ill or dangerous under Louisiana law, thus requiring deinstitutionalization. The court also noted that recent changes in Louisiana law may violate t
• Christopher v. State
  582 F. Supp. 633· S.D. Fla.· 1984-03-13 ·cited 3×
  The court denied the petition for a writ of habeas corpus, finding that the petitioner's claims did not rise to constitutional dimensions and that the state court's findings were supported by the record.
• Coogan v. McCAUGHTRY
  958 F.2d 793· 7th Cir.· 1992-04-01 ·cited 2×
  The court held that the petitioner failed to demonstrate ineffective assistance of counsel or that newly discovered evidence warranted a new trial, thus denying his petition for a writ of habeas corpus.