Exhaustion Of State Remedies

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

• Gibson v. Blair
  467 F.2d 842· 5th Cir.· 1972-09-26 ·cited 12×
  The court held that the state court failed to afford the appellant a full and fair evidentiary hearing on his claim of unconstitutional jury exclusion.
• McDONALD v. Louie L. Wainwright
  466 F.2d 1136· 5th Cir.· 1972-09-14 ·cited 12×
  The court held that a federal court should not consider a claim of prejudicial prosecutorial argument until state courts have had an opportunity to rule on the alleged error.
• Woodall v. Pettibone
  465 F.2d 49· 4th Cir.· 1972-08-08 ·cited 12×
  The court held that the prior ruling declaring Maryland's juvenile justice laws unconstitutional should be applied retroactively, but relief must be determined on a case-by-case basis.
• Smith v. Gaffney
  462 F.2d 663· 10th Cir.· 1972-07-03 ·cited 12×
  The court held that the federal court should not consider the petitioner's claim regarding credit for time served because he had not exhausted his state remedies on that issue. The court also held that the petitioner's convictions for burglary and larceny did not violate double j
• Gurule v. Turner
  461 F.2d 1083· 10th Cir.· 1972-06-22 ·cited 12×
  The court held that while sentencing without counsel was unconstitutional, the prisoner's new claims regarding his guilty plea require exhaustion of state remedies, and immediate release was improper as the state may resentence him.
• Johns v. Perini
  462 F.2d 1308· 6th Cir.· 1972-06-21 ·cited 12×
  The court held that the petitioner was deprived of his constitutional right to the effective assistance of counsel due to his attorney's failure to adequately investigate and present an alibi defense.
• United States ex rel. Frederick Johnson v. Dep't OF Corr. Servs. OF the State of NEW York
  461 F.2d 956· 2d Cir.· 1972-05-01 ·cited 12×
  A defendant does not have a constitutional right to counsel at a post-indictment, pre-trial photographic identification session, and the procedure used was not impermissibly suggestive.
• Smith v. Hoyt C. Cupp
  457 F.2d 1098· 9th Cir.· 1972-02-29 ·cited 12×
  The court held that the district court correctly dismissed the petition for habeas corpus relief, affirming the denial of all five arguments presented by the petitioner.
• Evans v. Swenson
  455 F.2d 291· 8th Cir.· 1972-02-10 ·cited 12×
  The court held that the warnings given to the appellant substantially complied with Miranda requirements, and his subsequent statements were voluntary and admissible.
• Hayes v. Sec'y of Dep't of Pub. Safety
  455 F.2d 798· 4th Cir.· 1972-01-25 ·cited 12×
  The court held that a pro se plaintiff's allegations, when liberally construed, stated a cause of action under 42 U.S.C.A. § 1983, and the district court erred in dismissing the complaint as frivolous.
• McCLUSTER v. Louie L. Wainwright
  453 F.2d 162· 5th Cir.· 1972-01-05 ·cited 12×
  A federal habeas corpus petitioner who has had claims considered by the highest state court on direct appeal has exhausted state remedies and is not required to present claims again in a collateral proceeding.
• Stidham v. Wingo
  452 F.2d 837· 6th Cir.· 1971-12-16 ·cited 12×
  The court held that the District Court erred in denying a habeas corpus petition without an evidentiary hearing when disputed issues of fact were presented.
• Bartz v. Louie L. Wainwright
  451 F.2d 663· 5th Cir.· 1971-11-19 ·cited 12×
  The court held that a petitioner who has had claims considered by the highest state court on direct appeal has exhausted state remedies for those claims. The court found that certain claims were properly dismissed but others were exhausted and should be considered on the merits.
• Phillips v. Pitchess
  451 F.2d 913· 9th Cir.· 1971-11-10 ·cited 12×
  The court held that a retrial after a successful appeal does not violate double jeopardy, and that the denial of a motion for substitution of counsel was a sound exercise of judicial discretion. Habeas corpus relief was denied on all grounds.
• Jackson v. Louie L. Wainwright
  450 F.2d 289· 5th Cir.· 1971-10-26 ·cited 12×
  The district court correctly denied a state prisoner's habeas corpus petition for failure to exhaust state remedies.
• United States ex rel. Regis Charles Schultz v. Brierley
  449 F.2d 1286· 3d Cir.· 1971-10-18 ·cited 12×
  A state prisoner who has raised and preserved federal constitutional questions on direct appeal has exhausted state remedies for federal habeas corpus purposes, even if state post-conviction remedies are available.
• Waddy v. Davis
  445 F.2d 1· 5th Cir.· 1971-06-28 ·cited 12×
  The court held that relief from the effects of a criminal conviction cannot be granted through collateral attacks on those effects; the conviction itself must be challenged.
• Weaver v. State OF Tex.
  441 F.2d 388· 5th Cir.· 1971-04-12 ·cited 12×
  The court held that a general allegation of a coerced guilty plea is insufficient to warrant federal habeas relief without specific factual allegations and exhaustion of state remedies.
• Loren v. State OF Tex.
  440 F.2d 1182· 5th Cir.· 1971-03-17 ·cited 12×
  The court held that the federal district court correctly denied relief because the appellant failed to exhaust his state remedies.
• Rodriguez v. McGINNIS
  451 F.2d 730· 2d Cir.· 1971-03-16 ·cited 12×
  The court held that the prisoner had not exhausted state remedies and that the federal court should not interfere with internal state prison administration absent extreme circumstances.
• Makarewicz v. Palmer C. Scafati
  438 F.2d 474· 1st Cir.· 1971-02-24 ·cited 12×
  The court held that the petitioner's confession was voluntary and admissible, affirming the denial of his habeas corpus petition.
• Kates v. Nelson
  435 F.2d 1085· 9th Cir.· 1970-11-25 ·cited 12×
  A defendant who unequivocally refuses appointed counsel and insists on representing himself, even after being offered the choice to proceed with counsel or represent himself, waives his right to counsel.
• Allen v. Henderson
  434 F.2d 26· 5th Cir.· 1970-11-03 ·cited 12×
  The court held that the Fifth Amendment double jeopardy clause, as interpreted in North Carolina v. Pearce, requires credit for time served on a previously voided sentence when a new sentence is imposed for the same offense, and this principle applies retroactively. The court als
• Gray v. Swenson
  430 F.2d 9· 8th Cir.· 1970-08-05 ·cited 12×
  The court held that the trial court's order granting a conditional release or new trial unless the state afforded an evidentiary hearing on confession voluntariness was a final, appealable judgment. The court affirmed the judgment, finding the state had provided adequate opportun
• Chisholm v. Louie L. Wainwright
  427 F.2d 1138· 5th Cir.· 1970-06-26 ·cited 12×
  The court held that the district court did not err in denying a habeas corpus petition without a hearing, as the state court provided a full and fair hearing on the voluntariness of the guilty plea.
• Wright v. Maryland Penitentiary
  429 F.2d 1101· 4th Cir.· 1970-06-23 ·cited 12×
  The court held that the petitioner must first exhaust state remedies to allow Maryland courts to consider his constitutional claims in light of recent Supreme Court precedent.
• Ballard Fish & Oyster Co., Inc. v. Glaser Constr. Co., Inc.
  424 F.2d 473· 4th Cir.· 1970-04-15 ·cited 12×
  The court held that a claim alleging a violation of the Fourteenth Amendment's just compensation clause, arising from a public service corporation's unauthorized taking of private property for a pipeline, presents a federal question sufficient for federal court jurisdiction.
• Capler v. City OF Greenville
  422 F.2d 299· 5th Cir.· 1970-02-20 ·cited 12×
  The Sixth Amendment does not require the availability of counsel to preserve evidence of a defendant's condition from dissipation due to incarceration, nor does the due process clause require police to provide scientific tests or counsel for such preservation.
• Piche v. Rhay
  422 F.2d 1309· 9th Cir.· 1970-02-17 ·cited 12×
  A federal court must hold an evidentiary hearing in habeas corpus matters when material facts are in dispute, unless the state court has reliably found the facts after a full hearing.
• Grayson v. Kessler Montgomery
  421 F.2d 1306· 1st Cir.· 1970-02-12 ·cited 12×
  The court held that federal courts should not grant equitable relief to a state prisoner challenging his conviction or sentence when he has not exhausted available state remedies, even if the claim is brought under the Civil Rights Act.
• O'Neil v. Nelson
  422 F.2d 319· 9th Cir.· 1970-01-26 ·cited 12×
  The admission of a co-defendant's out-of-court statement, which inculpated the defendant but was denied by the co-defendant when testifying, violates the Sixth Amendment right to confrontation, and this error was not harmless.
• Evans v. Beto
  415 F.2d 1129· 5th Cir.· 1969-09-17 ·cited 12×
  The court held that the appellant was not denied effective assistance of counsel and his confession was not coerced, affirming the denial of his habeas corpus petition.
• Still v. Nichols
  412 F.2d 778· 1st Cir.· 1969-06-05 ·cited 12×
  The district court correctly dismissed the civil rights action for damages and injunctive relief due to the complainant's failure to exhaust state remedies and the impropriety of using such an action to obtain release from custody.
• Smartt v. Avery
  411 F.2d 408· 6th Cir.· 1969-05-15 ·cited 12×
  The court held that a state prisoner cannot use a civil rights claim to circumvent the statutory requirement of exhausting state remedies before seeking federal habeas corpus relief.
• Thompson v. Peyton
  406 F.2d 473· 4th Cir.· 1968-12-19 ·cited 12×
  The court held that the petitioner's claim regarding pre-Wade lineups was without merit as the confrontation was not testimonial and the Wade rule was not retroactive. The court also held that the claim regarding witness mingling required exhaustion of state remedies via habeas c
• Grades v. Otto C. Boles
  398 F.2d 409· 4th Cir.· 1968-07-08 ·cited 12×
  Statements made by a prosecuting attorney to a defendant, promising leniency in exchange for cooperation, render a subsequent confession inadmissible as a violation of the privilege against self-incrimination.
• Burton v. State OF Ala.
  396 F.2d 755· 5th Cir.· 1968-06-25 ·cited 12×
  The court held that a federal court cannot deny a habeas corpus petition based on non-exhaustion of state remedies without a finding that the petitioner deliberately bypassed those remedies.
• Brown v. The State of N.J.
  395 F.2d 917· 3d Cir.· 1968-06-04 ·cited 12×
  A federal court must require a petitioner to exhaust state remedies before adjudicating issues concerning the retroactivity and applicability of Kent v. United States to a juvenile waiver.
• Mobley v. Dutton
  380 F.2d 14· 5th Cir.· 1967-06-21 ·cited 12×
  The court held that the petitioner must first exhaust available remedies in the Georgia state courts before seeking federal habeas corpus relief.
• Alexander v. Fogliani
  375 F.2d 733· 9th Cir.· 1967-04-05 ·cited 12×
  The court held that a federal court should permit amendment of a habeas corpus petition to include state court filings rather than summarily dismissing it for failure to demonstrate exhaustion of remedies.
• Boyd v. State OF Okla.
  375 F.2d 481· 10th Cir.· 1967-04-05 ·cited 12×
  A state prisoner must exhaust available state remedies before seeking federal habeas corpus relief, and the mere possibility of an unfavorable outcome in state court does not render the remedy inadequate.
• Barquera v. People OF the State OF Cal.
  374 F.2d 177· 9th Cir.· 1967-03-15 ·cited 12×
  The court held that the district court correctly denied the petition for a writ of habeas corpus, affirming the denial.
• Smith v. Louie L. Wainwright
  373 F.2d 506· 5th Cir.· 1967-02-21 ·cited 12×
  A hearing is required to determine if a guilty plea was involuntary due to a coerced confession and ineffective assistance of counsel.
• Terry v. Patterson
  372 F.2d 480· 10th Cir.· 1967-01-30 ·cited 12×
  The court held that a federal habeas corpus petition was properly denied because the petitioner had not exhausted available state remedies.
• Barber v. Page
  381 F.2d 479· 10th Cir.· 1966-12-30 ·cited 12×
  The court held that the state's failure to make any effort to produce a witness constituted a denial of the defendant's right to confrontation.
• United States ex rel. John F. McBRIDE v. Hon. Edward M. FAY
  370 F.2d 547· 2d Cir.· 1966-12-27 ·cited 12×
  The court affirmed the dismissal of the writ because the petitioner had not yet sought relief in the state courts on his newly raised Sixth Amendment claim.
• Conway v. Wilson
  368 F.2d 485· 9th Cir.· 1966-10-28 ·cited 12×
  The court held that the petitioner failed to exhaust his state remedies by not adequately presenting his federal constitutional claims to the state courts.
• Krupnick v. Crouse
  366 F.2d 851· 10th Cir.· 1966-10-05 ·cited 12×
  The court held that the district court erred in dismissing the habeas corpus petition without examining the merits, as the prior dismissal was based on failure to exhaust state remedies, not a determination of the substantive issues. The court affirmed the denial of the injunctio
• Chester v. The People OF the State OF Cal.
  355 F.2d 778· 9th Cir.· 1966-01-27 ·cited 12×
  The court held that the district court erred in not considering all grounds for relief and in failing to determine if an evidentiary hearing was necessary for those grounds not previously adjudicated.
• Dove v. Peyton
  343 F.2d 210· 4th Cir.· 1965-03-05 ·cited 12×
  The court held that the petitioner's claims lacked merit, and thus the petition for habeas corpus should be dismissed on its merits, not for failure to exhaust state remedies.