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

• Atwell v. Blackburn
  800 F.2d 502· 5th Cir.· 1986-09-26
  The court held that the petitioner failed to demonstrate a constitutional violation regarding the grand jury's fair cross-section or due process claims, affirming the denial of his habeas corpus petition.
• Burton Donald Woods, III v. Armontrout
  787 F.2d 304· 8th Cir.· 1986-03-20
  The court held that the federal district court erred by applying the presumption of correctness under 28 U.S.C. § 2254(d) to the state court's determination of confession voluntariness, which requires independent federal review.
• Sockwell v. Blackburn
  748 F.2d 979· 5th Cir.· 1984-12-17
  The court held that the admission of the inculpatory statement was not a violation of the petitioner's right to counsel, and any potential error was harmless beyond a reasonable doubt.
• Rogers v. Israel
  746 F.2d 1280-1288· 7th Cir.· 1984-10-16
  The court held that the petitioner may be entitled to a writ of habeas corpus if, on remand, he can show that his trial counsel's failure to investigate the incapacitating effect of the victim's heart wound was unreasonable and that material facts were not developed due to no ine
• United States ex rel. Lavada Woollums v. Greer
  728 F.2d 918· 7th Cir.· 1984-02-24
  The court held that the petitioner's prosecution for aggravated battery after an ex parte judgment on an ordinance violation constituted double jeopardy because the offenses were the same and the ex parte judgment was criminal punishment.
• Martin v. Rose
  717 F.2d 295· 6th Cir.· 1983-09-16
  The court held that the district court correctly found ineffective assistance of counsel, as the state court's contrary findings were not supported by the record.
• Chapin v. R.C. Marshall
  704 F.2d 335· 6th Cir.· 1983-04-15
  The Sixth Circuit held that the district court erred in granting habeas corpus relief because the state court's determination that no second competency hearing was warranted was not an unreasonable application of federal law.
• Johnson v. Balkcom
  695 F.2d 1320· 11th Cir.· 1983-01-17
  The court held that the district court's dismissal of the habeas petition was proper, affirming the denial of relief on both ineffective assistance of counsel and jury instruction claims.
• Terrell v. Maggio
  693 F.2d 591· 5th Cir.· 1982-12-17
  The court held that the district court erred by granting habeas relief without considering the presumption of correctness afforded state court factual determinations under 28 U.S.C. § 2254(d).
• White v. Estelle
  685 F.2d 927· 5th Cir.· 1982-08-26 ·via 28 U.S.C. § 2254(D)(3)
  The court held that the district court properly granted habeas relief because the state's role in the disappearance of a material witness violated due process, and the state court's findings on due diligence were not entitled to deference.
• Stephens v. Wyrick
  659 F.2d 94· 8th Cir.· 1981-09-14
  The court held that the district court's dismissal of the habeas petition was proper, affirming the denial of relief on the claims of involuntary guilty plea and unconstitutional sentencing statute.
• United States ex rel. James Ellis Foye v. State OF NEW Jersey & Ronald Groomes
  547 F.2d 217· 3d Cir.· 1977-01-05 ·via 28 U.S.C. § 2254(D)(1)
  The court held that the district court did not err in placing the burden of proof on the habeas petitioner and that the petitioner's confession was voluntary and not tainted by any alleged Miranda violations.
• Tyler v. Wyrick
  540 F.2d 921· 8th Cir.· 1976-08-09
  The court held that the petitioner's claims are frivolous, thus denying his request for appointed counsel and dismissing the appeal.
• Faught v. Cowan
  507 F.2d 273· 6th Cir.· 1974-11-25
  The court held that the district court's finding that the petitioner was advised of his right to appeal was not clearly erroneous, and thus affirmed the dismissal of the habeas corpus petition.
• United States ex rel. Melvin Oliver v. Vincent
  498 F.2d 340· 2d Cir.· 1974-06-03
  A federal court is not precluded from holding an evidentiary hearing in a habeas corpus proceeding, even if state court findings are presumed correct under 28 U.S.C. § 2254(d), if the state court did not make a determination after a hearing on the merits of a factual issue.
• Thomas v. Wingo
  469 F.2d 657· 6th Cir.· 1972-10-16
• United States ex rel. Charles Burke v. State OF Ill.
  465 F.2d 268· 7th Cir.· 1972-07-28
  The court held that the photographic identification and the victim's extended interaction with the officer provided a sufficient independent basis for the in-court identification, thus the denial of the habeas corpus petition was proper.
• Griswold v. Eyman
  452 F.2d 923· 9th Cir.· 1971-11-30
  The court held that the district court did not err in denying the petition for a writ of habeas corpus, as the state court's findings regarding the understanding and voluntariness of the guilty plea were supported by the record.
• Lott v. United States
  445 F.2d 858· 9th Cir.· 1971-06-23
• United States ex rel. William Henry Glover v. The Hon. J. Edwin LaVALLEE
  442 F.2d 456· 2d Cir.· 1971-05-12 ·via 28 U.S.C. § 2254(D)(1)
  The court held that the state court's finding of voluntariness of the confessions was supported by sufficient evidence, even considering the alleged police violence.
• Brown v. Lash
  432 F.2d 1129· 7th Cir.· 1970-09-30
  The court held that the facts were not adequately developed at the state coram nobis hearing, entitling the petitioner to an evidentiary hearing in federal district court on the voluntariness of his confession.
• Roberts v. Cupp
  428 F.2d 825· 9th Cir.· 1970-08-12
  The court held that the district court correctly dismissed the habeas corpus petition because the state's custody did not violate federal constitutional rights.
• Arland L. Gerberding v. State OF Minn.
  426 F.2d 247· 8th Cir.· 1970-05-18
  The court affirmed the denial of habeas corpus relief, holding that the state court's post-trial evidentiary hearing on confession voluntariness was a proper remedy and that the confession was voluntary under the totality of the circumstances.
• United States ex rel. Lawrence Denmark v. Honorable J. Edwin LaVALLEE
  426 F.2d 232· 2d Cir.· 1970-04-17
  A state procedure relying on the trial record for a post-conviction voluntariness hearing is adequate if the defendant had the opportunity for cross-examination.
• Harrison Jolly v. Crouse
  411 F.2d 808· 10th Cir.· 1969-05-26
  The federal court correctly dismissed the habeas corpus petition without a hearing, deferring to the state court's findings.
• United States ex rel. Flossie Bullock v. Warden, Westfield State Farm FOR Women
  408 F.2d 1326· 2d Cir.· 1969-04-04
  The court held that a guilty plea induced by a defense attorney's erroneous sentence estimate, rather than a promise or coercion by the court, is not involuntary under the Due Process Clause.
• United States ex rel. Ronald Futia v. Reincke
  397 F.2d 778· 2d Cir.· 1968-06-05
  The appellate court affirmed the district court's dismissal of the habeas corpus petition.
• United States ex rel. Ramon Rivera v. Follette
  395 F.2d 450· 2d Cir.· 1968-05-16
  The court held that the state court's denial of the appellant's motion to withdraw his guilty plea was not erroneous, and thus the federal court was not required to hold an evidentiary hearing on his habeas corpus petition.