Exhaustion Of State Remedies

3,028 Florida cases classified under this topic · sorted by citation count · browse and sort

• Turner v. Fair
  617 F.2d 7· 1st Cir.· 1980-03-18 ·cited 20×
  The court held that a federal habeas corpus petition must be dismissed if the specific legal theory supporting the constitutional claim was not fairly presented to the state courts.
• Burden v. State OF Ala.
  584 F.2d 100· 5th Cir.· 1978-11-17 ·cited 20×
  The court held that the state record was insufficient to determine if the guilty plea was voluntary, requiring a remand for a hearing on that issue.
• MacKey v. Stanton
  586 F.2d 1126· 7th Cir.· 1978-11-08 ·cited 20×
  The Eleventh Amendment does not bar a money judgment against a county welfare department for unlawfully withholding child support payments, as such entities are not arms of the state and can satisfy judgments from their own funds. Claims for damages are not moot and may proceed.
• 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.
• Knoxson v. Estelle
  574 F.2d 1339· 5th Cir.· 1978-06-15 ·cited 20×
  The court holds that the petitioner failed to exhaust state remedies regarding new factual allegations presented in a post-submission brief.
• Delmar Lee Watson v. Dolph Briscoe
  554 F.2d 650· 5th Cir.· 1977-06-22 ·cited 20×
  The court held that claims seeking restoration of good time credits or immediate parole review are habeas corpus claims requiring exhaustion of state remedies, while claims challenging conditions of confinement may proceed. Claims of medical staff negligence do not rise to a cons
• United States ex rel. Lillian Reis v. Louie L. Wainwright
  525 F.2d 1269· 5th Cir.· 1976-01-16 ·cited 20×
  The court held that Florida's consistent refusal to recognize ineffective assistance of privately retained counsel as a basis for post-conviction relief renders exhaustion of state remedies futile for such claims. The court also held that a 1965 search of an arrestee's apartment,
• Gregory v. Wyse
  512 F.2d 378· 10th Cir.· 1975-03-11 ·cited 20×
  The court held that the temporary solitary confinement and forfeiture of good time and parole eligibility for escapees, as mandated by Colorado statutes, did not constitute cruel and unusual punishment or a denial of due process for which damages are recoverable under § 1983.
• Sarzen v. Gaughan
  489 F.2d 1076· 1st Cir.· 1973-12-10 ·cited 20×
  The court held that the petitioner was denied due process because he was not afforded timely notice of critical steps in the commitment process, an opportunity to review and object to the data used for his evaluation, and timely assistance of counsel.
• Hartmann v. Scott
  488 F.2d 1215· 8th Cir.· 1973-12-06 ·cited 20×
  The court held that while a prisoner's claim challenging the fact or duration of confinement must be brought as a habeas corpus petition requiring exhaustion of state remedies, claims seeking declaratory and injunctive relief against the unconstitutionality of a statute are permi
• Hargrett v. Louie L. Wainwright
  474 F.2d 987· 5th Cir.· 1973-03-02 ·cited 20×
  Federal courts must dismiss habeas petitions that raise issues not first presented to a state court, requiring exhaustion of state remedies.
• Sammie L. Nelson v. Moore
  470 F.2d 1192· 1st Cir.· 1972-12-14 ·cited 20×
  The court held that the district court erred in dismissing the habeas corpus applications without prejudice for failure to exhaust state remedies, as the search and seizure claims were either properly addressed by state courts or constituted harmless error.
• Keeton v. Procunier
  468 F.2d 810· 9th Cir.· 1972-10-19 ·cited 20×
  The court held that while the Adult Authority is immune from damages claims, a prisoner's claim of constitutional rights interference by unidentified state officials warrants further proceedings and opportunity to amend.
• Torance C. Jackson v. State OF La.
  452 F.2d 451· 5th Cir.· 1971-12-14 ·cited 20×
  The court affirmed the denial of a certificate of probable cause because the petitioner failed to exhaust remedies in California, where his current sentence was being served and parole was affected by the prior conviction.
• United States ex rel. Samuel Ross v. LaVALLEE
  448 F.2d 552· 2d Cir.· 1971-09-03 ·cited 20×
• Cleophus Young v. State OF Ala.
  443 F.2d 854· 5th Cir.· 1971-06-07 ·cited 20×
• Piazzola v. Watkins
  442 F.2d 284· 5th Cir.· 1971-04-27 ·cited 20×
  The court held that a warrantless search of student dormitory rooms, even under a university regulation, violates the Fourth Amendment if conducted for the primary purpose of criminal prosecution.
• Baldwin v. Lewis
  442 F.2d 29· 7th Cir.· 1971-04-22 ·cited 20×
  The court held that the federal district court erred in granting a writ of habeas corpus because the petitioner had not sufficiently exhausted his state remedies, and the circumstances did not justify bypassing the exhaustion doctrine.
• Trigg v. Moseley
  433 F.2d 364· 10th Cir.· 1970-10-20 ·cited 20×
  The court held that a federal prisoner must exhaust state remedies before seeking federal habeas corpus relief to remove a state detainer, as the state court is the primary forum to determine speedy trial rights.
• Gaito v. Honorable Henry Ellenbogen
  425 F.2d 845· 3d Cir.· 1970-04-28 ·cited 20×
  The court held that the district court properly dismissed the civil rights complaint, affirming the dismissal.
• WAY v. Crouse
  421 F.2d 145· 10th Cir.· 1970-02-09 ·cited 20×
  The federal court should not dismiss a habeas petition for failure to exhaust state remedies when the delay in state court proceedings is the very grievance alleged.
• Kane v. State OF Va.
  419 F.2d 1369· 4th Cir.· 1970-01-19 ·cited 20×
  Federal courts may grant habeas corpus relief to prisoners claiming denial of speedy trial rights due to detainers, provided state remedies are exhausted, allowing prosecution to be barred.
• Oswald v. Crouse
  420 F.2d 373· 10th Cir.· 1969-12-31 ·cited 20×
  The court held that an ambiguous record regarding counsel representation necessitates an evidentiary hearing to determine the validity of a prior conviction used for sentence enhancement.
• United States ex rel. Clarence Lee Sloan v. McMANN
  415 F.2d 275· 2d Cir.· 1969-09-12 ·cited 20×
  The court affirmed the denial of the habeas corpus petition without reaching the merits, to allow New York courts to adjudicate the appellant's Bruton claim.
• Subilosky v. Commonwealth OF Mass.
  412 F.2d 691· 1st Cir.· 1969-06-30 ·cited 20×
  The court held that a federal court should not grant habeas corpus relief based on a new constitutional principle if the petitioner has not first sought relief in state courts, even if the new principle applies retroactively.
• Simpson v. Rice
  396 F.2d 499· 5th Cir.· 1968-05-30 ·cited 20×
  The court affirmed the district court's grant of habeas corpus relief, finding that the petitioner was entitled to credit for time served under vacated sentences.
• Le Roy St. Clair Brown, Jr. v. Crouse
  395 F.2d 755· 10th Cir.· 1968-05-06 ·cited 20×
  The court held that the appellant had not exhausted his state remedies because he had not utilized the available Kansas post-conviction relief procedures.
• Brown v. Honorable Raymond Fogel
  387 F.2d 692· 4th Cir.· 1967-11-28 ·cited 20×
  The court held that the District Court did not err in imposing reasonable travel restrictions as a condition of release on recognizance and in denying a modification of those restrictions.
• Kinnell v. Crouse
  384 F.2d 811· 10th Cir.· 1967-11-01 ·cited 20×
  The court held that the appellant had not exhausted his available state remedies, and the Kansas post-conviction procedure was adequate.
• Carroll v. Beto
  379 F.2d 329· 5th Cir.· 1967-06-22 ·cited 20×
  The court held that the applicant must exhaust state remedies before federal habeas corpus relief can be granted.
• Ford v. Boeger
  362 F.2d 999· 8th Cir.· 1966-07-06 ·cited 20×
  The court held that petitioners failed to establish that the district court erred in denying their petitions for federal habeas corpus relief, affirming the dismissals.
• Sheppard v. Maxwell
  346 F.2d 707· 6th Cir.· 1965-05-05 ·cited 20×
  The Sixth Circuit Court of Appeals held that the district court improvidently granted Dr. Sheppard's habeas corpus petition and ordered his release. The court vacated the district court's order and remanded Dr. Sheppard to custody.
• Harley W. Miller v. Gladden
  341 F.2d 972· 9th Cir.· 1965-02-19 ·cited 20×
  The court held that federal habeas corpus relief is unavailable because the petitioner's claims, even if successful, would not entitle him to immediate release from custody.
• Frace v. Russell
  341 F.2d 901· 3d Cir.· 1965-02-19 ·cited 20×
  The court held that the district court did not err in denying the inmate's application for a writ of habeas corpus, as he had not exhausted his state remedies and the accusations of prejudice were unsupported.
• Rhay v. Browder
  342 F.2d 345· 9th Cir.· 1965-02-05 ·cited 20×
  The court held that the district court erred in granting the writ of habeas corpus because the petitioner waived his constitutional claim by failing to comply with state procedural requisites for objecting to jury instructions.
• United States ex rel. Albert Sileo v. Martin
  269 F.2d 586· 2d Cir.· 1959-08-14 ·cited 20×
  A federal district court must determine facts when state courts deny relief without making specific findings or issuing an opinion, especially concerning constitutional claims.
• Application of Raymond C. Hodge For Certificate of Probable Cause
  262 F.2d 778· 9th Cir.· 1958-12-15 ·cited 20×
  The court held that the petitioner's allegations regarding pre-conviction confinement, attorney conduct, and perjured testimony did not present a federal question or demonstrate a denial of constitutional rights sufficient to warrant federal habeas corpus relief.
• Whalen v. Frisbie
  185 F.2d 607· 6th Cir.· 1950-12-19 ·cited 20×
  The court held that the appellant had not exhausted his remedies in the state courts, and therefore, the petition for a writ of habeas corpus was correctly denied.
• United States ex rel. Turpin v. Snyder
  183 F.2d 742· 2d Cir.· 1950-07-06 ·cited 20×
  The court held that the relator did not waive his right to challenge the validity of his Wisconsin conviction by failing to raise it when sentenced as a second offender in New York, and he should be allowed to test the issue in federal court.
• Davis v. Dowd
  119 F.2d 338· 7th Cir.· 1941-04-15 ·cited 20×
  A federal court cannot grant a writ of habeas corpus to a state prisoner unless state remedies have been exhausted, absent extraordinary circumstances.
• Cook v. Fla. Parole & Prob. Comm'n
  749 F.2d 678· 11th Cir.· 1985-01-02 ·cited 19×
  The court held that while state delays can excuse the exhaustion requirement, the circumstances here do not warrant excusing it, but the district court should allow the petitioner to choose whether to proceed in state court without his presence.
• Walker v. A.L. Lockhart
  726 F.2d 1238· 8th Cir.· 1984-01-18 ·cited 19×
  The court, sitting en banc, granted a petition for recall of mandate and remanded the case to the district court to take evidence on new factual issues. These issues include testimony from Russell Kumpe and his former wife regarding Kumpe's alleged firing of a gun, and the admiss
• Todd v. Alton Baskerville
  712 F.2d 70· 4th Cir.· 1983-07-06 ·cited 19×
  The court affirmed the dismissal of the Holsey action as frivolous but remanded the Todd action for the district court to determine if changed circumstances (release from custody) would permit a § 1983 action without state exhaustion.
• Seymour X Cotton, Jr. v. Mabry
  674 F.2d 701· 8th Cir.· 1982-03-31 ·cited 19×
  The court held that the petitioner's delay in attacking his 1969 guilty plea was not unreasonable and the state's destruction of evidence did not establish prejudice to bar review under laches.
• Breazeale v. Bradley
  582 F.2d 5· 5th Cir.· 1978-10-10 ·cited 19×
  The court held that a federal habeas corpus petition must be dismissed for lack of jurisdiction, as the petitioner was in custody in Alabama and not Florida.
• McCREA v. Jackson
  148 F.2d 193· 6th Cir.· 1945-04-04 ·cited 19×
  A federal court will entertain a state prisoner's habeas corpus petition only after the petitioner has exhausted all available state remedies, including the possibility of a delayed motion for a new trial under Michigan law.
• Schlup v. Armontrout
  941 F.2d 631· 8th Cir.· 1991-07-22 ·cited 18×
  The court held that the district court did not err in barring claims not raised in state court or in denying Schlup's remaining claim on its merits, and that an evidentiary hearing was not required.
• McGUIRE v. Estelle
  902 F.2d 749· 9th Cir.· 1990-05-04 ·cited 18×
  The admission of irrelevant, highly prejudicial evidence of prior injuries, coupled with an improper jury instruction that allowed the jury to use this evidence to directly determine guilt, violated the defendant's due process rights.
• Turner v. State OF Tenn.
  858 F.2d 1201· 6th Cir.· 1988-10-07 ·cited 18×
  The court held that a presumption of vindictiveness should not attach to the state's twenty-year plea bargain offer, as there was no realistic likelihood of vindictiveness.
• Keller v. Petsock
  853 F.2d 1122· 3d Cir.· 1988-08-11 ·cited 18×
  The court held that two claims regarding tipstaff communication with the jury were sufficiently meritorious to require further fact-finding in federal district court, and that the district court erred in dismissing the habeas petition without prejudice.