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

• Neron v. Tierney
  841 F.2d 1197· 1st Cir.· 1988-03-15 ·cited 20×
  The court held that the state courts' refusal to interview a juror, based on a weak showing of potential bias, did not violate due process, and thus federal habeas relief was inappropriate.
• Olan Randle Robison v. Maynard
  829 F.2d 1501· 10th Cir.· 1987-09-25 ·cited 20×
  The court held that the exclusion of victim's family testimony against the death penalty was proper, and that post-hypnotic testimony is not per se unconstitutional. However, the death sentence for one victim must be vacated due to an unconstitutional statutory aggravating circum
• Clark Jerome McMILLAN v. Barksdale
  823 F.2d 981· 6th Cir.· 1987-07-21 ·cited 20×
  The court held that a pro se prisoner's motion for a certificate of probable cause can serve as a timely notice of appeal, and that the district court did not err in refusing to hold an evidentiary hearing when state court findings were not impeached.
• Sampley v. Attorney General OF North Carolina
  786 F.2d 610· 4th Cir.· 1986-03-10 ·cited 20×
  The court held that a state trial court's denial of a continuance, which resulted in the defendant proceeding to trial without counsel, did not violate the Sixth Amendment because the defendant failed to demonstrate a lack of fair opportunity to secure counsel and the denial was
• United States ex rel. Alonzo Howard Jones v. DeROBERTIS
  766 F.2d 270· 7th Cir.· 1985-06-17 ·cited 20×
  The court held that the state courts' rejection of the defendant's claims regarding false testimony and Brady violations was entitled to deference, and that the defendant's other claims lacked merit or were procedurally barred.
• Montes v. Jenkins
  581 F.2d 609· 7th Cir.· 1978-07-13 ·cited 20×
  The district court erred by dismissing habeas corpus petitions without considering factual allegations contradicting state court findings and by failing to determine if state remedies were ineffective.
• Trahan v. Estelle
  544 F.2d 1305· 5th Cir.· 1977-01-10 ·cited 20×
  A guilty plea, entered with advice of counsel, breaks the chain of prior constitutional violations, and federal habeas relief is limited to the voluntariness and knowing character of the plea itself.
• Newman v. Henderson
  539 F.2d 502· 5th Cir.· 1976-09-27 ·cited 20×
  The court held that the waiver principle does not bar federal habeas review when state courts considered the merits, and that discriminatory impact in grand jury selection, without a satisfactory explanation, allows an inference of discriminatory purpose.
• Young v. Herring
  938 F.2d 543· 5th Cir.· 1991-07-26 ·cited 18×
  The court affirmed the denial of the habeas petition, finding that the petitioner's claims regarding ex parte jury communication, prosecutorial misconduct, and ineffective assistance of counsel were without merit or based on frivolous allegations.
• Weidner v. Thieret
  866 F.2d 958· 7th Cir.· 1989-01-31 ·cited 18×
• Terrovona v. Kincheloe
  852 F.2d 424· 9th Cir.· 1988-07-07 ·cited 18×
  The court held that the admission of hearsay testimony was constitutional, but remanded for further review of the warrantless arrest, waiver of rights, and admission of prior conviction evidence.
• Young v. Lynaugh
  821 F.2d 1133· 5th Cir.· 1987-07-20 ·cited 18×
  The court held that the district court properly entertained the habeas petition but must reconsider the substantive claims, vacating the judgment and remanding for further proceedings.
• Cook v. Lynaugh
  821 F.2d 1072· 5th Cir.· 1987-07-07 ·cited 18×
  The court held that ineffective assistance of counsel can constitute cause for a procedural default, and that the petitioner's counsel was constitutionally deficient for failing to investigate a prior conviction used for sentence enhancement.
• Holland v. Attorney General of New Jersey
  777 F.2d 150· 3d Cir.· 1985-11-22 ·cited 18×
  The admission of a co-defendant's confession implicating the defendant, even if deemed harmless error by state courts, violates the Sixth Amendment's Confrontation Clause and requires reversal unless the prosecution proves harmlessness beyond a reasonable doubt.
• 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.
• Carzell Moore v. Zant
  722 F.2d 640· 11th Cir.· 1983-12-20 ·cited 18×
  The court did not issue a holding in this excerpt, as it is a concurring and dissenting opinion and an order for rehearing en banc.
• Dunn v. Maggio
  712 F.2d 998· 5th Cir.· 1983-08-22 ·cited 18×
  The court held that the petitioner's guilty plea was knowing and voluntary, and the repeal of a statute concerning sentence commutation did not violate the ex post facto clause.
• 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.
• United States ex rel. Bruce Barksdale v. Blackburn
  610 F.2d 253· 5th Cir.· 1980-01-21 ·cited 18×
  The dissenting judge argues that the majority's decision to set aside a conviction based on statistical disparities in jury selection, without a claim of innocence, is improper and undermines the justice system.
• Grace v. Butterworth
  586 F.2d 878· 1st Cir.· 1978-11-17 ·cited 18×
  The court held that the state courts' denial of new trial motions, based on newly discovered evidence, did not violate due process because the evidence was found to be cumulative and not credible, and the state courts conducted a full and fair review.
• United States ex rel. Alfred Lewis v. Henderson
  520 F.2d 896· 2d Cir.· 1975-06-04 ·cited 18×
  The court held that while the state court adequately determined the issue of physical coercion, the claim of mental and psychological coercion was never sufficiently developed or passed upon, requiring a federal evidentiary hearing.
• Williams v. Lou V. Brewer
  509 F.2d 227· 8th Cir.· 1974-12-31 ·cited 18×
  The dissenting judge holds that the defendant voluntarily and intelligently waived his right to counsel and right to remain silent, and his statements were not involuntary.
• United States ex rel. Stephen J. B. v. Shelly
  430 F.2d 215· 2d Cir.· 1970-06-30 ·cited 18×
• MAY v. Collins
  955 F.2d 299· 5th Cir.· 1992-02-26 ·cited 17×
  The court granted the certificate of probable cause to appeal, finding the issue debatable among jurists of reason, but ultimately affirmed the district court's denial of the writ, holding the state court's 'paper hearing' was adequate for § 2254(d) presumption of correctness.
• 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.
• Thigpen v. Cory
  804 F.2d 893· 6th Cir.· 1986-10-27 ·cited 17×
  The court held that the state's identification procedures did not violate due process, as the trial court's factual determination of reliability was entitled to a presumption of correctness under 28 U.S.C. § 2254(d).
• Imbler v. State OF Cal.
  424 F.2d 631· 9th Cir.· 1970-03-11 ·cited 17×
  The district court correctly applied the standard for federal habeas corpus review of state court findings.
• Savage v. Estelle
  908 F.2d 508· 9th Cir.· 1990-07-16 ·cited 16×
  A trial court may permissibly deny a criminal defendant the right to represent himself if a severe speech impediment renders him unable to abide by the rules of courtroom procedure and communicate effectively with the jury.
• Edward v. Lawrence
  900 F.2d 127· 8th Cir.· 1990-03-30 ·cited 16×
  The court held that the petitioner's trial counsel's failure to investigate potential alibi witnesses constituted deficient performance, and the case must be remanded for a determination of prejudice.
• Rogers-Bey v. Lane
  896 F.2d 279· 7th Cir.· 1990-02-22 ·cited 16×
  The court held that the Illinois appellate court's finding of waiver was an independent and adequate basis for decision, even though it also analyzed the issue for plain error.
• 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.
• Quadrini v. Clusen
  864 F.2d 577· 7th Cir.· 1989-01-11 ·cited 16×
  The court held that the petitioner's confession was voluntary and that his Sixth Amendment right to counsel had attached but was validly waived. The court affirmed the denial of the habeas corpus petition.
• 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.
• Otto Graham v. Wilson
  828 F.2d 656· 10th Cir.· 1987-09-17 ·cited 16×
  The federal court held that while prosecutorial error occurred by using perjured testimony, it was harmless beyond a reasonable doubt due to overwhelming corroborating evidence. The district court's grant of habeas corpus was therefore vacated.
• Baca v. Sullivan
  821 F.2d 1480· 10th Cir.· 1987-06-29 ·cited 16×
  The court held that the defendant failed to demonstrate constitutional errors in the photographic identification procedure, juror nondisclosure, or prosecutor's cross-examination that would warrant overturning his conviction.
• United States v. Elrod
  782 F.2d 665· 7th Cir.· 1986-01-24 ·cited 16×
  A petitioner seeking federal habeas corpus relief cannot raise a claim that was procedurally defaulted in state court unless they demonstrate cause and prejudice, and the claim's basis must appear in the trial record to establish cause.
• United States ex rel. Paul K. Searcy v. Greer
  768 F.2d 906· 7th Cir.· 1985-07-26 ·cited 16×·via 28 U.S.C. § 2254(D)(8)
  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
• Roach v. Warden Joseph Martin
  757 F.2d 1463· 4th Cir.· 1985-03-20 ·cited 16×
  The court affirmed the denial of the habeas corpus petition, finding that the petitioner's claims were without merit and that the state court's factfinding procedures were adequate.
• 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.
• Dickerson v. Fogg
  692 F.2d 238· 2d Cir.· 1982-10-25 ·cited 16×
  The court held that the circumstances of the identification were sufficiently suggestive to warrant careful consideration of reliability under established legal criteria.
• Fowler v. Jago
  683 F.2d 983· 6th Cir.· 1982-07-20 ·cited 16×
  The majority opinion orders a remand for a new evidentiary hearing to determine the voluntariness of statements made by petitioners after arrest, finding the state court's factual determination on voluntariness was not entitled to the presumption of correctness under 28 U.S.C. §
• Cain v. Smith
  686 F.2d 374· 6th Cir.· 1982-07-07 ·cited 16×
  The court held that the district court erred in granting summary judgment without an evidentiary hearing, as the fragmented record required further fact-finding on the speedy trial claim. The 11.5-month delay for a simple robbery was presumptively prejudicial.
• Hearn v. Elton Floyd James
  677 F.2d 841· 11th Cir.· 1982-06-04 ·cited 16×
  The court held that a jury instruction creating a presumption of intent, while potentially erroneous for murder, was harmless error for a voluntary manslaughter conviction because intent is not a required element. The court also held that the trial court's ruling did not improper
• Ferguson v. Boyd
  566 F.2d 873· 4th Cir.· 1977-10-11 ·cited 16×
• 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.
• Scarborough v. Kellum
  525 F.2d 931· 5th Cir.· 1976-01-07 ·cited 16×·via 28 U.S.C. § 2254(D)(3)
  The court held that the district court properly denied the petition for a writ of habeas corpus, finding no constitutional infirmity in the petitioner's conviction.
• Keiper v. Hoyt C. Cupp
  509 F.2d 238· 9th Cir.· 1975-01-13 ·cited 16×
  The court held that the district court did not err in denying the habeas corpus petition without an evidentiary hearing, as the state court record adequately demonstrated the voluntariness of the appellant's statements.
• United States ex rel. Nathaniel Williams v. LaVALLEE
  487 F.2d 1006· 2d Cir.· 1973-11-20 ·cited 16×
  The court held that the district court erred in denying the habeas petition without a hearing, as the state court's findings did not clearly establish whether the petitioner was informed of his right to appointed appellate counsel or the 30-day time limit for appeal.
• Hill v. Nelson
  466 F.2d 1346· 9th Cir.· 1972-08-29 ·cited 16×
  A federal court may not presume the correctness of state court factual findings unless they are written findings from the trial court, not merely statements in an appellate opinion.