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

• Williams v. Engle
  683 F.2d 152· 6th Cir.· 1982-07-14 ·cited 10×
  The court held that the district court's denial of habeas corpus relief must be vacated and the case remanded because the record was inadequate to determine if the constitutional error was harmless.
• United States ex rel. Theodore Ross v. Franzen
  668 F.2d 933· 7th Cir.· 1982-01-13 ·cited 10×
  The court held that the majority opinion erred in vacating the state trial court judgment based on habeas corpus power.
• United States ex rel. Carrie Jean Heral v. Franzen
  667 F.2d 633· 7th Cir.· 1981-12-29 ·cited 10×
  The court held that an attorney's failure to inform the trial court of a client's recent suicide attempt does not constitute ineffective assistance of counsel if the totality of circumstances shows competent assistance, and that the standard for competence to plead guilty is the
• Moran v. Morris
  665 F.2d 900· 9th Cir.· 1981-12-28 ·cited 10×
  The court held that the district court erred by failing to conduct a de novo determination of the magistrate's report, as required by the Federal Magistrate's Act, before issuing a writ of habeas corpus.
• Fritchie v. McCARTHY
  664 F.2d 208· 9th Cir.· 1981-12-17 ·cited 10×
  The court held that the state court's determination of the voluntariness of the confession was supported by the record and that the appellant was not denied effective assistance of counsel.
• Castleberry v. Warden Mack H. Alford & the Attorney Gen. of the State of Okla.
  666 F.2d 1338· 10th Cir.· 1981-12-15 ·cited 10×
  The federal court held that the state court's determination that the confession was voluntary was supported by the record and should not have been overturned.
• Anderson v. State OF Tex.
  507 F.2d 105· 5th Cir.· 1975-01-22 ·cited 10×
  The district court's denial of habeas corpus relief must be vacated because it acted without reviewing the state trial transcript and failed to hold an evidentiary hearing.
• United States v. Brierley
  471 F.2d 657· 3d Cir.· 1973-01-09 ·cited 10×
  The court held that a prior federal district court decision, affirmed on grounds of procedural exhaustion rather than merits, does not preclude reconsideration of the same issues in a subsequent habeas corpus petition. The court also found that undue delay in state appellate proc
• Powell v. Louie L. Wainwright
  460 F.2d 1056· 5th Cir.· 1972-05-30 ·cited 10×
  The court held that the prisoner's Sixth Amendment claims regarding photographic identification, ineffective assistance of counsel, and denial of separate trial counsel were without merit.
• Hunter v. Swenson
  442 F.2d 625· 8th Cir.· 1971-04-26 ·cited 10×
  The court held that the appellant was not entitled to another evidentiary hearing on the voluntariness of his statements, as the issue had been fully developed and resolved in prior state court proceedings.
• United States ex rel. Clarence Coleman v. Hon. Vincent R. Mancusi
  423 F.2d 985· 2d Cir.· 1970-03-04 ·cited 10×
  The court held that the petitioner's statements were voluntary and admissible, and that the prosecutor's summation comment on an obvious physical feature of an exhibit was proper.
• Velton Watkins v. Wilson
  408 F.2d 351· 9th Cir.· 1969-02-20 ·cited 10×
  The court held that common representation of co-defendants is not per se error and that there was no Sixth Amendment conflict of interest violating the right to counsel.
• Cloudies Shinall v. Breazeale
  404 F.2d 785· 5th Cir.· 1968-12-19 ·cited 10×
  The court held that the district court erred in denying the petition without making findings or holding an evidentiary hearing on factual allegations that, if proven, would entitle the petitioner to relief.
• Holland v. McGINNIS
  963 F.2d 1044· 7th Cir.· 1992-05-14 ·cited 9×
  The court held that the Des Plaines confession was voluntary and that the Batson claim was barred by Teague v. Lane because Powers v. Ohio announced a new rule.
• Mikel v. Thieret
  887 F.2d 733· 7th Cir.· 1989-10-04 ·cited 9×
  The court affirmed the denial of the federal habeas corpus petition, finding that Mikel's claims were either procedurally defaulted, lacked merit, or were not properly exhausted.
• 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.
• Dooley v. Duckworth
  832 F.2d 445· 7th Cir.· 1987-10-30 ·cited 9×
  The court, bound by habeas corpus rules, could not find the Indiana Supreme Court's findings clearly wrong, despite doubts about the identification evidence.
• Wesley v. State OF Ala.
  488 F.2d 30· 5th Cir.· 1974-01-11 ·cited 9×
  The court held that the state court's evidentiary hearing was not full and fair, and the federal district court erred in denying habeas relief without conducting its own evidentiary hearing on the issues of denial of counsel and coerced guilty plea.
• Lewis v. Huch
  964 F.2d 670· 7th Cir.· 1992-05-20 ·cited 8×
  The court affirmed the denial of the habeas petition, holding that the petitioner knowingly and intelligently waived her right to conflict-free counsel and that the trial court's actions did not violate her due process rights.
• Jones v. Jones
  938 F.2d 838· 8th Cir.· 1991-07-09 ·cited 8×
  The court held that the district court did not err in denying the petition for a writ of habeas corpus, affirming the denial of relief on claims of jury discrimination, prosecutorial misconduct, inconsistent verdicts, and ineffective assistance of counsel.
• Tamayo-Reyes v. J.C. Keeney
  926 F.2d 1492· 9th Cir.· 1991-03-04 ·cited 8×
  The court held that the district court erred in denying an evidentiary hearing on the claim that the defendant's nolo contendere plea was unconstitutional due to inadequate translation of the mens rea element of manslaughter, as the material facts were not adequately developed in
• Hill v. Black
  920 F.2d 249· 5th Cir.· 1990-12-14 ·cited 8×
  The court held that the Supreme Court's decision in Clemons v. Mississippi does not apply retroactively to this case, and the trial court did not err in refusing to instruct the jury on lesser included offenses.
• Nelson v. Fulcomer
  911 F.2d 928· 3d Cir.· 1990-08-17 ·cited 8×·via 28 U.S.C. § 2254(D)(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
• Beachum v. Tansy
  903 F.2d 1321· 10th Cir.· 1990-05-22 ·cited 8×
  The court held that the admission of hypnotically influenced testimony, even if potentially unreliable, did not violate the defendant's constitutional rights given the safeguards employed and the victim's consistent testimony. Claims of prosecutorial misconduct, ineffective assis
• Campaneria v. Reid
  891 F.2d 1014· 2d Cir.· 1989-12-12 ·cited 8×
  The dissenting judge would reverse the district court's denial of habeas corpus, finding the admission of an unconstitutionally obtained tape recording was not harmless error.
• Boggs v. Bair
  892 F.2d 1193· 4th Cir.· 1989-12-12 ·cited 8×
  The Fourth Circuit held that the district court erred in granting habeas relief as to the penalty phase, reversing that decision, but affirmed the denial of relief as to the guilt phase. The court found no constitutional error in the admission of the confession, the search of the
• McFADDEN v. Cabana
  851 F.2d 784· 5th Cir.· 1988-08-12 ·cited 8×
  A federal court may not grant habeas relief for denials of due process or ineffective assistance of counsel unless the petitioner demonstrates prejudice, meaning a reasonable probability that the outcome would have been different.
• Oppel v. Meachum
  851 F.2d 34· 2d Cir.· 1988-06-22 ·cited 8×
  A federal habeas court should presume that a defendant was informed by his attorney of the elements of the crime charged when the defendant indicates this during the plea proceeding and offers no contrary evidence.
• Rosario Joseph Dispensa v. Lynaugh
  847 F.2d 211· 5th Cir.· 1988-06-16 ·cited 8×
  The court held that the identification procedure was unnecessarily suggestive and unreliable, violating due process, and affirmed the district court's grant of habeas corpus relief.
• Estock v. Lane
  842 F.2d 184· 7th Cir.· 1988-03-16 ·cited 8×
  The court held that the district court properly granted the writ of habeas corpus because the state court's finding of no bona fide doubt as to the petitioner's competence was not supported by the record.
• Jeffers v. Ricketts
  832 F.2d 476· 9th Cir.· 1987-11-09 ·cited 8×
  The Arizona Supreme Court's construction of A.R.S. § 13-703(F)(6) to find aggravating circumstances was not unconstitutional, and federal courts should apply a deferential standard of review to such findings.
• Hartman v. W.D. Blankenship
  825 F.2d 26· 4th Cir.· 1987-08-03 ·cited 8×
  The dissenting judge holds that the district court properly found the guilty plea involuntary due to the prosecution's broken promise regarding a sentencing recommendation.
• United States ex rel. Alonzo Lewis v. Lane
  822 F.2d 703· 7th Cir.· 1987-06-17 ·cited 8×
  The court held that the petitioner failed to present substantial facts to doubt his competency, and therefore, the restoration hearing procedures were adequate and the conviction stands.
• Phillips v. A.I. Murphy and Michael Turpen
  796 F.2d 1303· 10th Cir.· 1986-07-16 ·cited 8×
  The court held that a federal evidentiary hearing was not required because the petitioner's claims were incredible and unsupported by specifics, and the state court's findings of historical fact were entitled to a presumption of correctness. The court also held that the failure t
• 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.
• Jones v. Thigpen
  788 F.2d 1101· 5th Cir.· 1986-05-02 ·cited 8×
  The court held that while the Eighth Amendment does not prohibit a state from enacting a capital murder crime without an intent-to-kill element, the death sentence requires a showing that the defendant killed, attempted to kill, or intended to kill, and that ineffective assistanc
• Cola v. Reardon
  787 F.2d 681· 1st Cir.· 1986-03-26 ·cited 8×
  The court held that the conviction was fundamentally unfair due to inadequate notice in the bill of particulars and jury instructions.
• Bailey v. Procunier
  744 F.2d 1166· 5th Cir.· 1984-10-29 ·cited 8×
  The court affirmed the denial of federal habeas corpus relief, finding no violation of due process from the admission of evidence regarding the victim's will, the alleged withholding of exculpatory evidence, or the jury charge.
• Rowe v. A.L. Lockhart
  736 F.2d 457· 8th Cir.· 1984-06-06 ·cited 8×
  The court held that the district court correctly denied the habeas corpus petition because the lineup identification was not unconstitutional and the rule of lenity did not apply to the sentencing issue.
• 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.
• Mata v. Sumner
  696 F.2d 1244· 9th Cir.· 1983-01-20 ·cited 8×
  The court held that the pretrial photographic identification procedures used were so impermissibly suggestive as to create a substantial likelihood of irreparable misidentification, violating the defendant's due process rights.
• Moore v. Duckworth
  687 F.2d 1063· 7th Cir.· 1982-09-02 ·cited 8×
  The court affirmed the denial of the habeas corpus petition, holding that the defendant failed to prove the jury was aware of the victim's pregnancy, and thus was not denied a fair trial.
• 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.
• Griffin v. Winans
  684 F.2d 686· 10th Cir.· 1982-07-28 ·cited 8×
  The court held that the district court correctly granted habeas corpus relief because the state court applied an incorrect legal standard for ineffective assistance of counsel and the evidence supported findings of constitutionally inadequate representation.
• Brewer v. Raines
  670 F.2d 117· 9th Cir.· 1982-02-22 ·cited 8×
  A defendant's knowing, intelligent, and voluntary absence from trial and sentencing constitutes a waiver of their Sixth Amendment right to be present, and such absence can be inferred under Rule 9.1 if the defendant had notice and warning.
• 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.
• Alexander v. Smith
  582 F.2d 212· 2d Cir.· 1978-08-07 ·cited 8×
  The court affirmed the denial of the habeas corpus petition, holding that the petitioner's confession was voluntary and not obtained in violation of his Fifth or Sixth Amendment rights.
• Thacker v. Bordenkircher
  557 F.2d 98· 6th Cir.· 1977-06-23 ·cited 8×
  The court held that a federal district court errs in denying a habeas corpus petition without reviewing the state trial court transcript, relying solely on a state appellate court's summary.
• United States ex rel. George L. Spears H-7506 v. Johnson
  463 F.2d 1024· 3d Cir.· 1972-06-23 ·cited 8×·via 28 U.S.C. § 2254(D)(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.