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957 F.2d 609·
8th Cir.·
1992-02-26
The admission of a certified laboratory report into evidence, even without the direct testimony of the analyst, does not violate the Sixth Amendment confrontation clause when the state provides a mechanism for the defendant to subpoena the analyst.
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951 F.2d 890·
8th Cir.·
1991-12-11
The court held that a jury instruction creating a permissive inference of malice aforethought, even with potentially problematic language, did not violate due process because it did not impermissibly shift the burden of proof and any error was harmless beyond a reasonable doubt.
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921 F.2d 28·
2d Cir.·
1990-12-14
The court held that the denial of a severance motion did not abridge the petitioner's right to a fair trial under the fourteenth amendment, as the defenses, while antagonistic, were not so mutually exclusive that the jury had to disbelieve one to believe the other.
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807 F.2d 747·
8th Cir.·
1986-12-23
The court affirmed the district court's denial of the habeas corpus petition, finding no clear error in the factual findings or legal errors.
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650 F.2d 749·
5th Cir.·
1981-07-16
The court held that a federal district court must dismiss a mixed petition for a writ of habeas corpus, which contains both exhausted and unexhausted claims, without prejudice due to the petitioner's failure to exhaust available state remedies.
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644 F.2d 573·
6th Cir.·
1981-03-16
The court held that the juvenile court's finding of probable cause, without an adjudication of delinquency, did not violate the petitioner's right against double jeopardy.
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531 F.2d 645·
2d Cir.·
1976-02-18
The court held that the denial of youthful offender treatment did not violate due process, as the state court had discretion and no full adversary hearing was constitutionally required.
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452 F.2d 1209·
6th Cir.·
1971-12-28
The appellate court held that the District Court's factual findings regarding the voluntariness of the guilty plea were supported by substantial evidence and not clearly erroneous.
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437 F.2d 883·
9th Cir.·
1971-01-27
The court held that the district court erred in denying the application for habeas corpus or mandamus without notice or a hearing, and without considering evidence presented to it.
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411 F.2d 302·
5th Cir.·
1969-05-02
A state may enact legislation permitting the extradition of a person not physically present in the demanding state at the time of the alleged offense, as federal constitutional and statutory provisions are not exclusive and do not impliedly prohibit such state action.
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330 F.2d 102·
7th Cir.·
1964-04-08
The court held that an unexecuted search warrant issued under a statute is not voided by a subsequent amendment to that statute increasing the penalty.
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321 F.2d 278·
8th Cir.·
1963-08-23
The court held that a federal prisoner seeking to challenge his conviction or sentence must do so via a motion to vacate under 28 U.S.C.A. § 2255, not a habeas corpus petition.
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321 F.2d 540·
2d Cir.·
1963-07-29
The court held that a claim challenging the validity of a conviction in another state cannot be raised in the asylum state via habeas corpus.
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319 F.2d 37·
2d Cir.·
1963-06-19
The court held that the relator's application for a writ of habeas corpus was properly denied without a hearing because the trial record contradicted his allegations of coerced confessions.
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318 F.2d 645·
6th Cir.·
1963-06-15
The court held that a 1937 deportation order, which was executed and not challenged for 25 years, is not subject to collateral attack in subsequent proceedings, even if procedural irregularities are alleged. The court also affirmed the denial of a writ of habeas corpus.
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287 F.2d 865·
2d Cir.·
1961-02-28
The court held that the relator's petition for a writ of habeas corpus was properly denied because he failed to exhaust his state remedies, and even if he had, his claim lacked merit.
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16 Fla. Supp. 164·
Duval Cty. Cir. Ct.·
1960-09-02
In this habeas corpus proceeding, the circuit court reconsidered its prior denial of a writ of habeas corpus in light of appellate opinions regarding enforcement of a Wisconsin custody decree. The court determined that while it had discretion under comity principles to aid in enf
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271 F.2d 751·
10th Cir.·
1959-09-26
A federal court will entertain a habeas corpus application only after all available state remedies, including certiorari to the U.S. Supreme Court, have been exhausted.
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251 F.2d 59·
5th Cir.·
1957-01-03
The court held that a writ of habeas corpus cannot be used to interrupt the orderly administration of criminal laws or as a substitute for ordinary trial proceedings.
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238 F.2d 844·
10th Cir.·
1956-11-23
The Court held that the petitioner had an adequate and effective remedy under 28 U.S.C.A. § 2255, and that the second sentence did not subject him to double jeopardy.