Exhaustion Of State Remedies

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

• 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.
• Hairston v. State OF Ala.
  465 F.2d 675· 5th Cir.· 1972-07-27 ·cited 16×
  The court held that the petitioner was denied his constitutional right to counsel when he pleaded guilty, and that he had exhausted his state remedies despite the procedural bars.
• Martinez v. Turner
  461 F.2d 261· 10th Cir.· 1972-06-08 ·cited 16×
  The court held that the suggestive lineup and unlawful seizure of the coat violated federal constitutional rights, and that the admission of this evidence was not harmless error. However, the court modified the order for immediate release to allow the state an opportunity for ret
• United States ex rel. Tilden Louis Condon v. Erickson
  459 F.2d 663· 8th Cir.· 1972-04-13 ·cited 16×
  The court held that the federal district court erred in refusing to consider the jurisdictional question on the ground of unexhausted state remedies, and that an evidentiary hearing is required on that issue.
• Mottram v. Murch
  458 F.2d 626· 1st Cir.· 1972-04-12 ·cited 16×
  The court held that allowing jurors who sat on the first trial to sit on the second trial, after the defendant had testified and invoked the Fifth Amendment, created a likelihood of prejudice that denied the petitioner due process.
• Hart v. Eyman
  458 F.2d 334· 9th Cir.· 1972-03-22 ·cited 16×
  A federal court has the power to issue conditional orders in habeas corpus cases, offering the state alternatives including release, when the state fails to provide a trial transcript or a substitute, especially when the state's own procedures or actions caused the loss of the re
• United States ex rel. Edwin A. Goodman v. Kehl
  456 F.2d 863· 2d Cir.· 1972-03-14 ·cited 16×
  The federal court improperly intervened in state proceedings by granting habeas corpus relief before state remedies were exhausted, thus the order granting relief is reversed.
• Perry v. Blackledge
  453 F.2d 856· 4th Cir.· 1971-12-27 ·cited 16×
  The court held that the petitioner was not required to exhaust state remedies because the state's highest court had repeatedly rejected similar claims, making further state court action futile.
• Harris Percy Wynn v. Smith
  446 F.2d 341· 5th Cir.· 1971-07-12 ·cited 16×
  The court held that the appellant had not deliberately bypassed state remedies and that the district court should determine the merits of his claims regarding the right to counsel and the voluntariness of his guilty plea.
• United States ex rel. Matthew Walker v. Hon. Harold W. Follette
  443 F.2d 167· 2d Cir.· 1971-05-25 ·cited 16×
  A defendant who testifies falsely on direct examination may be impeached with illegally obtained evidence, even if that evidence would be inadmissible in the prosecution's case-in-chief.
• Wallace v. Hocker
  441 F.2d 219· 9th Cir.· 1971-04-13 ·cited 16×
  A defendant's inculpatory statements cannot be presented to a jury unless they have been found voluntary by a separate tribunal, requiring a preliminary determination by the trial judge.
• McCLAIN v. Swenson
  435 F.2d 327· 8th Cir.· 1970-12-16 ·cited 16×
  The court affirmed the denial of habeas relief on grounds exhausted in state court but remanded for further state court proceedings on the issue of waiver of direct appeal.
• Abe Lincoln v. The Cal. Adult Auth.
  435 F.2d 133· 9th Cir.· 1970-11-30 ·cited 16×
  The court held that the appellant's allegations did not present a substantial constitutional question, thus a three-judge court was not required and the dismissal was proper.
• Edwards v. Swenson
  429 F.2d 1291· 8th Cir.· 1970-07-16 ·cited 16×
  The court held that a state prisoner who had his constitutional claims decided on direct appeal has exhausted state remedies and is entitled to a federal habeas corpus hearing on the merits.
• Dozie v. Cady
  430 F.2d 637· 7th Cir.· 1970-06-11 ·cited 16×
  The court held that a seventeen-month delay in state post-conviction proceedings warrants federal court investigation into exhaustion of remedies.
• Donlavey v. Smith
  426 F.2d 800· 5th Cir.· 1970-04-30 ·cited 16×
  The court held that a jury selection process based on tax digests does not systematically exclude poor people, and that delays in arraignment do not void a conviction.
• Lewis v. State OF NEW Mexico
  423 F.2d 1048· 10th Cir.· 1970-03-23 ·cited 16×
  The federal court lacked jurisdiction to hear the habeas corpus petition because the petitioner had not exhausted his available state remedies.
• Stillman E. Wilbur, Jr. v. State OF Me.
  421 F.2d 1327· 1st Cir.· 1970-02-12 ·cited 16×
  The court held that the trial court improperly ordered the issuance of an occupational license for 'mini movie' machines because the license period had expired, rendering the order futile.
• United States ex rel. Raymond Figueroa v. McMANN
  411 F.2d 915· 2d Cir.· 1969-06-03 ·cited 16×
  The court held that a federal court should dismiss a habeas corpus petition if the state forum is available to consider a materially different claim and stronger evidentiary case.
• James (Jimmy) FOX v. Dutton
  406 F.2d 123· 5th Cir.· 1968-12-12 ·cited 16×
• Wilson v. Wade
  390 F.2d 632· 9th Cir.· 1968-03-11 ·cited 16×
  An indigent state prisoner is not entitled to a free transcript of trial proceedings merely to search for potential flaws, absent a showing of specific errors warranting post-conviction relief.
• Duke v. Wingo
  386 F.2d 304· 6th Cir.· 1967-12-11 ·cited 16×
  The court held that the appellant had exhausted his state remedies and that the district court erred in dismissing his habeas corpus petition without an evidentiary hearing.
• Smart v. Balkcom
  352 F.2d 502· 5th Cir.· 1965-11-01 ·cited 16×
  The court held that the district court correctly denied the habeas corpus petition because the appellant failed to exhaust available state remedies.
• Wagenknecht v. Crouse
  344 F.2d 920· 10th Cir.· 1965-04-27 ·cited 16×
  The court held that a state prisoner must exhaust available state remedies before seeking federal habeas corpus relief, and federal courts will not review guilt or innocence in such proceedings.
• United States ex rel. James v. Tangredi
  343 F.2d 752· 2d Cir.· 1965-04-01 ·cited 16×
  The court held that federal habeas corpus is not available for claims that have not exhausted presently available state remedies, including sufficiency of indictment, admissibility of involuntary statements, and prejudicial publicity.
• United States ex rel. Charles Everett v. Murphy
  329 F.2d 68· 2d Cir.· 1964-03-19 ·cited 16×
  A confession obtained through deception and false promises of assistance, following an illegal arrest and incommunicado detention, violates due process and renders a conviction invalid.
• United States ex rel. William C. Tucker v. Donovan
  321 F.2d 114· 2d Cir.· 1963-07-29 ·cited 16×
  A federal court in an asylum state cannot entertain a habeas corpus application challenging extradition based on alleged constitutional violations in the demanding state's conviction.
• United States ex rel. Jeddy Wilkins v. William J. Banmiller, Warden E. State Penitentiary, Philadelphia, Pa
  325 F.2d 514· 3d Cir.· 1963-06-27 ·cited 16×
  The court held that the relator's claim of attorney misfeasance was not properly raised or considered by the state courts, and therefore state remedies were not exhausted.
• Buder v. Bell
  306 F.2d 71· 6th Cir.· 1962-07-27 ·cited 16×
  The appellate court held that the district court erred in granting a writ of habeas corpus, as the petitioner's claims did not rise to the level of a due process violation but were matters for direct appeal.
• Aurweid George Reickauer v. Cunningham
  299 F.2d 170· 4th Cir.· 1962-01-10 ·cited 16×
  The court held that the district court erred in denying a habeas corpus petition without a plenary hearing when the petition alleged facts constituting a denial of constitutional rights, such as the use of perjured testimony and denial of counsel of choice.
• Whitley v. Warden William F. Steiner
  293 F.2d 895· 4th Cir.· 1961-07-26 ·cited 16×
  A state prisoner who fails to avail himself of a state remedy for a constitutional claim, and subsequently loses the opportunity to do so, is barred from seeking federal habeas corpus relief.
• Griffith v. Rhay
  282 F.2d 711· 9th Cir.· 1960-09-12 ·cited 16×
  The reception in evidence of a signed confession obtained while the appellant was without the assistance of counsel, and had not declined such assistance, deprived him of due process of law under the Fourteenth Amendment.
• Rayborn v. Jones
  282 F.2d 410· 6th Cir.· 1960-08-15 ·cited 16×
  The court held that mandamus was not the proper remedy because the state warden had a ministerial duty to accept custody of the prisoner, and federal courts cannot grant relief in habeas corpus without exhaustion of state remedies.
• Odell v. Burke
  281 F.2d 782· 7th Cir.· 1960-07-25 ·cited 16×
  The court held that a petitioner's filing in the U.S. Supreme Court, though not explicitly a petition for certiorari, could be construed as such to satisfy the exhaustion of state remedies doctrine. It also held that denial of counsel at a preliminary hearing, or delay in trial w
• DYE v. Beryl C. Sacks
  279 F.2d 834· 6th Cir.· 1960-06-13 ·cited 16×
  The court held that a petitioner seeking a writ of habeas corpus after exhausting state remedies and failing to secure certiorari cannot use habeas corpus to relitigate issues already decided adversely in state courts, especially when no substantial federal question is presented.
• Hughes v. Heinze
  268 F.2d 864· 9th Cir.· 1959-06-29 ·cited 16×
  The court held that a state prisoner's claim of improper jury trial waiver under state law, without a showing of purposeful discrimination, does not present a federal question reviewable by federal habeas corpus.
• United States ex rel. Jesse Embree v. Cummings
  233 F.2d 188· 2d Cir.· 1956-05-07 ·cited 16×
  The court held that the petitioner's sentences were consecutive under Connecticut law, and therefore his sentence had not yet expired.
• Baker v. Ellis
  194 F.2d 865· 5th Cir.· 1952-03-18 ·cited 16×
  The court held that the petitioner must have an opportunity to develop a record to determine his rights.
• Fouquette v. Bernard
  198 F.2d 96· 9th Cir.· 1952-02-29 ·cited 16×
  The court held that the record presented a substantial question warranting a certificate of probable cause and a stay of execution, indicating a potential due process violation.
• In re Cary Michael Lambrix
  624 F.3d 1355· 11th Cir.· 2010-10-26 ·cited 15×
  The Eleventh Circuit denied Lambrix's application for leave to file a second or successive federal habeas corpus petition. The court found that Lambrix failed to meet the stringent requirements of 28 U.S.C. § 2244(b)(2)(B), which necessitates a showing that the factual predicate
• Dist. Attorney's Off. for the Third Jud. Dist. v. Osborne
  9th Cir.· 2009-06-18 ·cited 15×
  The court held that Alaska failed to provide an effective procedure for vindicating the liberty interest in demonstrating innocence through DNA testing, thus violating the Due Process Clause.
• Battle v. Thomas
  923 F.2d 165· 11th Cir.· 1991-02-01 ·cited 15×
  A habeas petitioner currently incarcerated on an enhanced sentence may challenge the prior conviction used for enhancement, even if the prior sentence has expired.
• Coleman Pennington v. Spears
  779 F.2d 1505· 11th Cir.· 1986-01-13 ·cited 15×
  The court held that the petitioner's claims of ineffective assistance of counsel and improper charging lacked merit, and affirmed the denial of his habeas corpus petition.
• Hadley v. Werner
  753 F.2d 514· 6th Cir.· 1985-01-28 ·cited 15×
  The court held that a claim challenging the validity of a conviction, even if framed as a damages action under 42 U.S.C. § 1983, must first be pursued through a habeas corpus petition to establish the illegality of confinement.
• Barrie Deon Shelton v. Heard
  696 F.2d 1127· 5th Cir.· 1983-02-03 ·cited 15×
  The court held that a prisoner is not required to exhaust state remedies when the delay in the state appellate process renders those remedies ineffective to protect his rights.
• LaBRUNA v. Marshal
  665 F.2d 439· 2d Cir.· 1981-11-25 ·cited 15×
  The court held that further state exhaustion proceedings would be futile, allowing federal habeas review despite the petitioner not presenting the federal constitutional claim to state courts.
• Krische v. Smith
  662 F.2d 177· 2d Cir.· 1981-11-04 ·cited 15×
  The court held that the state trial judge's ex parte communication with the jury, instructing them to continue deliberations without notice to the defendant or counsel, constituted a violation of the defendant's due process right to be present, and this error was not harmless.
• Daye v. Attorney Gen. OF the State OF NEW York & Eugene S. LeFevre
  663 F.2d 1155· 2d Cir.· 1981-10-28 ·cited 15×
  The court should dismiss the petition on the merits, as the petitioner was not deprived of a fair trial in violation of constitutional amendments.
• Myers v. Rhay
  577 F.2d 504· 9th Cir.· 1978-05-15 ·cited 15×
  The court held that a state prisoner cannot obtain federal habeas corpus relief on the ground that evidence obtained in an unconstitutional search or seizure was introduced at his trial, if the state provided an opportunity for full and fair litigation of the Fourth Amendment cla
• Application of Robert L. Bell v. State OF Kan.
  452 F.2d 783· 10th Cir.· 1971-12-09 ·cited 15×
  The dissenting judge would have granted relief, finding the defendant was twice prosecuted for the same substantive crime.