Exhaustion Of State Remedies

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

• Webb v. Keohane
  804 F.2d 413· 7th Cir.· 1986-10-30 ·cited 10×
  A prisoner waives rights under the Interstate Agreement on Detainers (IAD) anti-shuttling provision by requesting transfer to another facility, and failure to raise issues in state court constitutes a procedural default that federal habeas review cannot excuse without a showing o
• Ewing v. Norris W. McMACKIN
  799 F.2d 1143· 6th Cir.· 1986-09-03 ·cited 10×
  The court held that failure to raise claims on direct appeal or appeal post-conviction relief denials constitutes a procedural default, barring federal habeas review absent cause and prejudice, unless the actual innocence exception applies. Ineffective assistance of counsel must
• Joyner v. King
  786 F.2d 1317· 5th Cir.· 1986-04-18 ·cited 10×
  The court held that the petitioner failed to exhaust state remedies for his Sixth Amendment claim due to new factual allegations presented in federal court, and the state did not waive its right to assert the exhaustion requirement.
• Jackson v. Scully
  781 F.2d 291· 2d Cir.· 1986-01-14 ·cited 10×
  The court held that the appellant's Sixth Amendment confrontation claim, Fourth Amendment illegal arrest claim, and Fifth Amendment Miranda rights claim were procedurally defaulted and barred from federal habeas review, and that the evidence was sufficient for conviction.
• Franklin v. Rose
  765 F.2d 82· 6th Cir.· 1985-06-21 ·cited 10×
  The district court erred in refusing to liberally construe the pro se petitioner's habeas petition and attached materials, thus failing to consider all grounds for relief raised.
• Thompson v. Reivitz
  746 F.2d 397· 7th Cir.· 1984-10-17 ·cited 10×
  The court held that a second probation revocation hearing is permissible even if based on the same events as a prior hearing, and that state remedies were exhausted.
• United States ex rel. Leon Johnson v. McGINNIS
  734 F.2d 1193· 7th Cir.· 1984-05-14 ·cited 10×
  A federal court must dismiss a habeas corpus petition if the petitioner has not exhausted available state remedies, including a writ of mandamus, for claims concerning parole denials.
• Tinder v. Sister Rose Paula
  725 F.2d 801· 1st Cir.· 1984-01-16 ·cited 10×
  The court held that a petitioner is not 'in custody' for habeas corpus purposes when their probation has expired and the possibility of revocation for failure to pay restitution is speculative and not a severe restraint on liberty.
• Kellotat v. Hoyt C. Cupp
  719 F.2d 1027· 9th Cir.· 1983-11-03 ·cited 10×
  A petitioner must exhaust state post-conviction remedies for claims of denial of appellate counsel, even if an interlocutory petition was presented to the state supreme court.
• Szeto v. Rushen
  709 F.2d 1340· 9th Cir.· 1983-07-08 ·cited 10×
  The court held that a federal habeas corpus petition containing both exhausted and unexhausted claims must be dismissed in its entirety, without reaching the merits of any claim.
• Taylor v. Curry
  708 F.2d 886· 2d Cir.· 1983-06-07 ·cited 10×
  The court held that while the exclusion of the draft separation agreement was an error, it did not deprive the petitioner of a fundamentally fair trial, and thus habeas corpus relief was not warranted.
• Lydon v. Justices OF the Boston Mun. Court
  698 F.2d 1· 1st Cir.· 1982-12-30 ·cited 10×
  The court held that a defendant's election of a two-tier trial system does not constitute a waiver of the right to challenge the sufficiency of the evidence presented at the first-tier trial.
• Ashby v. Wyrick
  693 F.2d 789· 8th Cir.· 1982-11-30 ·cited 10×
  The court emphasizes that procedural rules in post-conviction proceedings should not be rigidly applied, especially when constitutional rights are implicated, to avoid injustice and promote efficiency.
• Country v. Parratt
  684 F.2d 588· 8th Cir.· 1982-08-04 ·cited 10×
  The court held that the gender-based forcible rape statute did not violate the Equal Protection Clause because the unique harm of potential pregnancy justified heightened sanctions for male perpetrators attacking female victims.
• Harding v. State OF N.C.
  683 F.2d 850· 4th Cir.· 1982-07-20 ·cited 10×
  A federal habeas court cannot accept a state's conditional waiver of the exhaustion requirement for unexhausted claims; such a petition must be dismissed as mixed.
• Adail v. Wyrick
  671 F.2d 1218· 8th Cir.· 1982-03-11 ·cited 10×
  The court held that the petitioner had exhausted state remedies for direct appeal issues and affirmed the dismissal of ineffective assistance of counsel and jury selection claims.
• Ware v. Gagnon
  659 F.2d 809· 7th Cir.· 1981-09-17 ·cited 10×
  A federal district court should address the merits of exhausted claims in a mixed habeas petition, but may affirm dismissal of an exhausted claim if it is frivolous.
• Campbell v. Crist
  647 F.2d 956· 9th Cir.· 1981-06-08 ·cited 10×
  The court held that a federal court will not consider the merits of a habeas corpus petition if the petitioner has not exhausted available state judicial remedies.
• Drennon v. Norman B. Hess and the Attorney General
  642 F.2d 1204· 10th Cir.· 1981-03-03 ·cited 10×
  The court held that federal courts must allow state courts the opportunity to address alleged violations of federal rights arising from state law before granting habeas corpus relief, especially when supervening Supreme Court cases create new theories.
• Beshaw v. Fenton
  635 F.2d 239· 3d Cir.· 1980-12-15 ·cited 10×
  The court held that the transfer of a state prisoner to federal custody under 18 U.S.C. § 5003 is not limited to instances requiring specialized treatment, and a prisoner's transfer does not implicate due process liberty interests absent a specific entitlement under law.
• Grigsby v. Mabry
  637 F.2d 525· 8th Cir.· 1980-11-06 ·cited 10×
  The court affirmed a landlord's non-liability for a tenant's injuries resulting from a defective condition on the leased premises, adhering to the common law rule of caveat lessee in the absence of statutory modification.
• Cherry v. Dir., State Bd. OF Corr.
  613 F.2d 1262· 5th Cir.· 1980-03-17 ·cited 10×
• Vito Finetti v. Harris
  609 F.2d 594· 2d Cir.· 1979-09-12 ·cited 10×
  A judge must state reasons for denying bail to prevent arbitrary decisions and protect constitutional rights.
• Callahan v. LeFEVRE
  605 F.2d 70· 2d Cir.· 1979-09-06 ·cited 10×
  A jury instruction that effectively directed a verdict of guilty on an element of the offense, by focusing the jury solely on the testimony of two witnesses and failing to provide a standard for belief, infected the entire trial and violated due process.
• Perez v. Louie L. Wainwright
  594 F.2d 159· 5th Cir.· 1979-05-01 ·cited 10×
  The court held that while counsel's false statement in open court regarding the filing of an appeal was a dereliction of duty, it did not rise to the level of fundamental unfairness required to violate the Fourteenth Amendment's due process clause, and thus habeas corpus relief w
• Niemann v. Parratt
  596 F.2d 316· 8th Cir.· 1979-04-06 ·cited 10×
  The court held that an indeterminate sentence of 20 years to life for second-degree murder was permissible under Nebraska law as it existed at the time of sentencing.
• Wilson v. Harris
  595 F.2d 101· 2d Cir.· 1979-03-19 ·cited 10×
  A defendant who voluntarily and knowingly absents himself from his trial, through disruptive conduct or refusal to appear, waives his constitutional right to be present.
• United States ex rel. Lawrence Williams v. Morris
  594 F.2d 614· 7th Cir.· 1979-03-13 ·cited 10×
  The court held that petitioners failed to demonstrate the futility of pursuing available state remedies for their claims regarding the lack of admonishment about mandatory parole periods.
• Smallwood v. Mo. Bd. of Prob. & Parole
  587 F.2d 369· 8th Cir.· 1978-11-03 ·cited 10×
  The court held that claims seeking release or sentence reduction must be brought as habeas corpus petitions, requiring exhaustion of state remedies, and cannot be brought under 42 U.S.C. § 1983.
• United States ex rel. James Barksdale v. Allyn R. Sielaff
  585 F.2d 288· 7th Cir.· 1978-10-11 ·cited 10×
  The court affirmed the district court's dismissal of speedy trial and evidentiary claims, but reversed and remanded with instructions to dismiss the Fourth Amendment claim based on Stone v. Powell.
• Blenski v. Bronson LaFOLLETTE
  581 F.2d 126· 7th Cir.· 1978-07-17 ·cited 10×
  The court held that the district court did not err in denying the petitioner's motion for production of trial transcripts, and that the petitioner's claims regarding jury instructions and statutory constitutionality were procedurally barred or required state court determination.
• Doyle A. Jones v. The Honorable Terry L. Shell
  572 F.2d 1278· 8th Cir.· 1978-04-06 ·cited 10×
  The court held that the district court's extreme delay in ruling on the habeas corpus petition violated the petitioner's due process rights and the appellate court's mandate.
• Gardner v. Blackburn
  569 F.2d 856· 5th Cir.· 1978-03-15 ·cited 10×
  The court held that the district court erred in reviewing the wrong trial record for one claim and that other claims were either abandoned or unexhausted in state courts.
• Crowell v. Zahradnick
  571 F.2d 1257· 4th Cir.· 1977-12-20 ·cited 10×
  The court held that the petitioner failed to exhaust state remedies by raising a new constitutional claim for the first time on appeal, and the claim was also barred by state procedural grounds.
• Smith v. Estelle
  562 F.2d 1006· 5th Cir.· 1977-11-11 ·cited 10×
  The court held that the plea agreement was supported by sufficient consideration, and the dismissal of the appeal was voluntary, thus affirming the denial of habeas corpus relief.
• Layne v. Gunter
  559 F.2d 850· 1st Cir.· 1977-08-04 ·cited 10×
  The court held that dismissal without prejudice was appropriate, as the state appellate process was moving forward and federal intervention was not warranted.
• Lopez v. Malley
  552 F.2d 682· 10th Cir.· 1977-04-15 ·cited 10×
  The court held that an escaped prisoner's appeal, including a habeas corpus petition, should be dismissed because the prisoner's escape moots the appeal.
• United States ex rel. Eddie Lee Anthony v. Allyn R. Sielaff
  552 F.2d 588· 7th Cir.· 1977-04-08 ·cited 10×
  The court held that the trial judge's communication with the jury, specifically the polling that created a time reference for deliberation, amounted to coercion and violated the petitioner's right to an uncoerced verdict.
• Gennero Galtieri v. Louie L. Wainwright
  545 F.2d 942· 5th Cir.· 1977-01-20 ·cited 10×
• Ballard v. Maggio
  544 F.2d 1247· 5th Cir.· 1977-01-10 ·cited 10×
  The court held that the petitioner had sufficiently exhausted state remedies regarding ineffective assistance of counsel and remanded for an evidentiary hearing to determine if counsel's ineffectiveness rendered the guilty plea involuntary.
• Durham v. Wyrick
  545 F.2d 41· 8th Cir.· 1976-11-16 ·cited 10×
  The court affirmed the district court's denial of the habeas corpus petition, finding appellant's claims without merit and that state remedies were not exhausted for several issues.
• Shaw v. Dolph Briscoe
  526 F.2d 675· 5th Cir.· 1976-02-02 ·cited 10×
  A prisoner's § 1983 action challenging conditions of confinement is not barred by the habeas corpus requirement, even if it includes a prayer for relief that might indirectly affect release.
• Hopkins v. State OF Ala.
  524 F.2d 473· 5th Cir.· 1975-12-08 ·cited 10×
  The court affirmed the denial of habeas relief regarding the illegal search claim, finding the search justified by exigent circumstances, but remanded for a determination of exhaustion of state remedies on other claims.
• Lindsey v. Craven
  521 F.2d 1071· 9th Cir.· 1975-08-21 ·cited 10×
  The court held that the state trial court's failure to conduct a voluntariness hearing outside the jury's presence, as required by Jackson v. Denno, was not harmless error and mandated release unless a new trial was granted.
• Glenn v. Reubin O'D. Askew
  513 F.2d 61· 5th Cir.· 1975-05-21 ·cited 10×
  The court held that the appellee failed to exhaust his state court remedies before seeking federal habeas corpus relief.
• Mercado v. Rockefeller
  502 F.2d 666· 2d Cir.· 1974-08-15 ·cited 10×
• Reggie Clayton Madeley v. Kern
  488 F.2d 865· 5th Cir.· 1974-01-28 ·cited 10×
  The court held that federal courts must defer to state remedies for habeas corpus petitions until all issues have been presented to the state courts.
• Simmons v. Jones
  478 F.2d 321· 5th Cir.· 1973-05-14 ·cited 10×
  The court held that the federal district court improperly intervened in the state's jury selection process and should have abstained or dismissed the case for failure to state a claim.
• Weaver v. State OF Tex.
  474 F.2d 1135· 5th Cir.· 1973-03-05 ·cited 10×
  The court held that a federal court may entertain a habeas corpus petition attacking a prior conviction even if the petitioner is currently serving a sentence for a subsequent conviction, provided state remedies have been exhausted for the prior conviction.
• Mosley v. Smith
  470 F.2d 1320· 5th Cir.· 1973-01-11 ·cited 10×
  The court held that the appellant's claim regarding jury exclusion must first be exhausted in state courts, and that the denial of appeal claim requires further findings by the district court, but that out-of-time appeals are now available in Georgia.