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

• Wicker v. O.L. McCOTTER
  798 F.2d 155· 5th Cir.· 1986-08-23 ·cited 28×
  The court held that the petitioner failed to present a debatable issue for appeal regarding racial discrimination in the death penalty and that the inevitable discovery doctrine barred his due process claim concerning evidence admissibility.
• 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.
• Schwander v. Blackburn
  750 F.2d 494· 5th Cir.· 1985-01-17 ·cited 28×
  The court held that an incomplete trial transcript did not deny a meaningful appeal and that the petitioner received effective assistance of counsel at trial and on appeal.
• Alderman v. Austin
  695 F.2d 124· 5th Cir.· 1983-01-10 ·cited 28×
• Norris v. Louie L. Wainwright
  588 F.2d 130· 5th Cir.· 1979-01-17 ·cited 28×
  The court held that a federal court is not required to grant a new evidentiary hearing in a habeas corpus case solely because the petitioner lacked counsel in the state court proceeding, and that a defendant is not entitled to appellate review unless they knowingly and intelligen
• Williams v. Louie L. Wainwright
  427 F.2d 921· 5th Cir.· 1970-06-11 ·cited 28×
  The court affirmed the denial of the habeas corpus petition, finding that the jury selection process did not violate the petitioner's constitutional rights.
• Messer v. State
  834 F.2d 890· 11th Cir.· 1987-11-30 ·cited 27×
  The court held that the sentencing judge and jury's refusal to consider non-statutory mitigating evidence violated Lockett v. Ohio, but affirmed the district court's denial of other claims.
• Chaney v. Lewis
  801 F.2d 1191· 9th Cir.· 1986-10-09 ·cited 27×
  The court held that a district court must independently review the state court record for mixed questions of fact and law in habeas corpus petitions, but not for purely factual or purely legal questions. Counsel should be appointed in death penalty habeas cases on remand due to c
• Ross v. Kemp
  785 F.2d 1467· 11th Cir.· 1986-03-20 ·cited 27×
  The court held that the Murphy deposition should be added to the record on appeal, but the Cole deposition should not. The court remanded the issue of the 1984 affidavits to the district court to determine if the failure to present them earlier was inexcusable neglect.
• Austad v. Risley
  761 F.2d 1348· 9th Cir.· 1985-05-23 ·cited 27×
  A federal habeas court is not required to sua sponte obtain state court record exhibits if the petitioner has not produced them or demonstrated an inability to do so.
• Bryant v. Vose
  785 F.2d 364· 1st Cir.· 1986-03-06 ·cited 26×
  The court held that even if an oral confession was obtained in violation of Miranda, a subsequent written confession obtained after proper warnings is admissible if the oral confession was voluntary, and that the appellant did not receive ineffective assistance of counsel.
• Turner v. Bass
  753 F.2d 342· 4th Cir.· 1985-01-25 ·cited 26×
  The court held that the statistical evidence presented was too diffused to demonstrate a likelihood of racial prejudice affecting the particular jury, thus not entitling the defendant to have prospective jurors questioned about racial bias as a matter of due process.
• Lunz v. Henderson
  533 F.2d 1322· 2d Cir.· 1976-02-26 ·cited 26×
  The court held that a habeas corpus petitioner's claims of an involuntarily entered guilty plea, denial of effective assistance of counsel, and denial of the right of allocution were correctly rejected by the district court.
• 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.
• Nat Villiam Wright v. State OF N.C. & David Henry
  483 F.2d 405· 4th Cir.· 1973-08-02 ·cited 26×
  The court held that the Miranda warning given was constitutionally adequate and the petitioner's statement was voluntarily made, thus affirming the dismissal of his habeas petition.
• Berghuis v. Thompkins
  6th Cir.· 2010-06-01 ·cited 25×
  The Court held that an uncoerced statement following Miranda warnings establishes an implied waiver of the right to remain silent, and that a suspect must unambiguously invoke this right to cease questioning.
• Cody v. Solem
  755 F.2d 1323· 8th Cir.· 1985-02-19 ·cited 25×
  The court held that the district court erred in broadly applying Stone v. Powell to bar all claims, but affirmed the denial of habeas relief because the search consent was voluntary and the other claims lacked merit.
• Lurie v. Oberhauser
  431 F.2d 330· 9th Cir.· 1970-08-14 ·cited 25×
  The court held that the police had probable cause to arrest the petitioners and that the petitioners lacked standing to challenge the search of the suitcase because they disclaimed ownership and possession.
• 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.
• Smith v. Freeman
  892 F.2d 331· 3d Cir.· 1989-12-29 ·cited 24×
  The court held that the state courts failed to provide a full and fair evidentiary hearing on the defendant's mental competency at the time of his guilty plea, entitling him to a federal evidentiary hearing.
• Case v. Eloy Mondragon
  887 F.2d 1388· 10th Cir.· 1989-10-25 ·cited 24×
  The court held that the state trial court did not violate Case's constitutional rights by refusing to conduct a post-verdict voir dire of the jury based on equivocal allegations of misconduct. The court also held that the denial of a continuance for a witness whose testimony was
• United States v. Velasquez
  885 F.2d 1076· 3d Cir.· 1989-09-01 ·cited 24×
  The court held that while voluntariness of a waiver is subject to plenary review, a trial court's direct exposure to the evidence and the defendant can provide valuable insight, warranting a remand for its determination.
• United States ex rel. Lawrence Smith v. Fairman
  769 F.2d 386· 7th Cir.· 1985-07-22 ·cited 24×
  The State's failure to disclose a police firearms worksheet indicating the gun was inoperable violated Brady v. Maryland, entitling the petitioner to habeas corpus relief.
• 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.
• Drake v. Wyrick
  640 F.2d 912· 8th Cir.· 1981-02-18 ·cited 24×
  The court affirmed the district court's denial of habeas corpus relief, finding that the petitioner's claims of newly discovered evidence, ineffective assistance of counsel, and a chilled right to testify were without merit or unexhausted.
• Talamante v. Romero
  620 F.2d 784· 10th Cir.· 1980-05-05 ·cited 24×
  The court held that the district court properly denied the petition for a writ of habeas corpus, finding no constitutional error in the prosecution's actions regarding suppressed evidence, perjured testimony, or prosecutorial misconduct.
• United States ex rel. Clay Thomas v. State OF NEW Jersey
  472 F.2d 735· 3d Cir.· 1973-01-23 ·cited 24×
  The district court had the power to order a state prisoner's release pending appeal from a habeas corpus grant, but lacked authority to direct state courts to fix bail or accept recognizance.
• Tapia v. Rodriguez
  446 F.2d 410· 10th Cir.· 1971-08-16 ·cited 24×
  The court held that improper references to a "mug book" containing photographs of suspects, while not ideal, did not constitute plain error and did not deny the defendant due process, nor was his trial counsel ineffective.
• Wyon Dale Childers v. Floyd
  642 F.3d 953· 11th Cir.· 2011-06-02 ·cited 23×·via 28 U.S.C. § 2254(D)(1)
  Wyon Dale Childers was convicted of bribery and unlawful compensation for official behavior based largely on testimony from Willie Junior, a co-conspirator who entered a plea agreement with the State. Childers sought to cross-examine Junior about the Elliot acquittal and a Notice
• Hart v. Attorney Gen. OF THE State OF Fla.
  323 F.3d 884· 11th Cir.· 2003-03-05 ·cited 23×·via 28 U.S.C. § 2254(D)(1)
  Robert Hart was convicted of two murders and armed robbery based primarily on a taped confession obtained after he signed a Miranda waiver form. The Eleventh Circuit granted habeas relief, holding that Hart's waiver was involuntary and not made with full awareness of his rights b
• Smith v. Zant
  887 F.2d 1407· 11th Cir.· 1989-09-29 ·cited 23×
• Evans v. O.L. McCOTTER
  805 F.2d 1210· 5th Cir.· 1986-12-03 ·cited 23×
  The court held that the defendant's claims of present insanity and discriminatory application of the death penalty statute were insufficient to warrant a certificate of probable cause or a stay of execution.
• Bowen v. Maynard
  799 F.2d 593· 10th Cir.· 1986-06-25 ·cited 23×
  The court held that the State violated due process by failing to disclose exculpatory evidence material to the defense, requiring the convictions to be set aside.
• Ambry Dewitt Allen, Jr. v. Montgomery
  728 F.2d 1409· 11th Cir.· 1984-04-06 ·cited 23×
  The court held that the appellant failed to establish that the jury was sequestered at the sheriff's home and that the courtroom security measures, while potentially problematic, were reasonable given the threats and circumstances, thus not depriving him of a fair trial or his pr
• Grantling v. Balkcom
  632 F.2d 1261· 5th Cir.· 1980-12-17 ·cited 23×
  The court held that a voluntary and intelligent guilty plea breaks the chain of prior constitutional claims, and therefore, the denial of habeas corpus relief was proper.
• Mercer v. Armontrout
  844 F.2d 582· 8th Cir.· 1988-04-21 ·cited 22×
  The court held that the jury's finding of agency as an aggravating factor was permissible and that even if one aggravating factor was invalid, the death sentence could still stand. The court also found no constitutional error in the jury selection or the admission of evidence of
• Felde v. Blackburn
  795 F.2d 400· 5th Cir.· 1986-07-21 ·cited 22×
  The court held that the record was insufficient to determine if the state court's finding of competency was supported, requiring a remand for further proceedings. Other claims were rejected.
• United States ex rel. Daniel J. Kleba v. McGINNIS
  796 F.2d 947· 7th Cir.· 1986-07-21 ·cited 22×
  The court held that summary judgment should not have been granted on the claim that Kleba was denied effective assistance of counsel due to his counsel's failure to investigate the whereabouts of an alibi witness.
• Young v. Herring
  777 F.2d 198· 5th Cir.· 1985-11-26 ·cited 22×
  The court held that the defendant's procedural default in failing to raise a timely objection to the identification testimony under Mississippi law barred federal habeas review, and that the evidence was otherwise sufficient to support the conviction.
• 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.
• 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).
• Tobias Q. Poole v. Perini
  659 F.2d 730· 6th Cir.· 1981-09-18 ·cited 22×
  The Sixth Circuit held that the admission of portions of accomplice statements adopted by the appellant constituted admissible adoptive confessions, and any remaining hearsay was harmless error. The court also found that the admission of polygraph evidence, to which the appellant
• Harris v. Estelle
  487 F.2d 1293· 5th Cir.· 1974-01-11 ·cited 22×
  The court held that claims not presented to state courts must be dismissed without prejudice for failure to exhaust state remedies, while exhausted claims can be decided on the merits.
• Reed Wayne Hamilton v. Crispus NIX
  809 F.2d 463· 8th Cir.· 1987-01-12 ·cited 21×
  The court held that the testimony of witnesses discovered through lawful means, even if obtained after police misconduct, is admissible under the independent source doctrine. The admission of marijuana was error but harmless, and prosecutorial remarks did not render the trial fun
• Knaubert v. Goldsmith
  791 F.2d 722· 9th Cir.· 1986-06-09 ·cited 21×
  The court held that the district court did not err in dismissing the habeas corpus petition or denying the motion for appointment of counsel, as the petitioner's claims were either procedurally barred, fairly adjudicated in state court, or did not warrant federal intervention.
• Satchell v. Cardwell
  653 F.2d 408· 9th Cir.· 1981-08-10 ·cited 21×
  The court held that the petitioner's Sixth Amendment right to effective assistance of counsel was not violated by his attorney's failure to file a motion to suppress evidence, as the attorney's actions were within the bounds of reasonably competent representation and the entry wa
• Germany v. Estelle
  639 F.2d 1301· 5th Cir.· 1981-03-19 ·cited 21×
  The admission of Germany's incriminating statement was harmless error, and the state court's factual findings regarding the compulsory process claim are presumed correct under 28 U.S.C. § 2254(d).
• Barnard v. Collins
  958 F.2d 634· 5th Cir.· 1992-04-03 ·cited 20×
  The court held that the Texas capital sentencing statute, as applied, did not unconstitutionally prevent the jury from considering mitigating evidence, and that Barnard's claims of ineffective assistance of counsel lacked merit.
• Wilkerson v. Collins
  950 F.2d 1054· 5th Cir.· 1992-01-06 ·cited 20×
• 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.