Exhaustion Of State Remedies

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

• United States v. Brierley
  471 F.2d 657· 3d Cir.· 1973-01-09 ·cited 10×
  The court held that a prior federal district court decision, affirmed on grounds of procedural exhaustion rather than merits, does not preclude reconsideration of the same issues in a subsequent habeas corpus petition. The court also found that undue delay in state appellate proc
• United States ex rel. William J. Johnson v. Cavell
  468 F.2d 304· 3d Cir.· 1972-10-03 ·cited 10×
  The court held that federal habeas corpus relief should be withheld pending a state court determination of whether the petitioner knowingly and deliberately waived his right to appeal.
• Marva GAY v. Bd. OF Registration Comm'rs
  466 F.2d 879· 6th Cir.· 1972-08-29 ·cited 10×
  The court held that the district court erred in dismissing the action based on abstention and that a three-judge panel was not required because the statute had only local application.
• Parker v. State OF Tex.
  464 F.2d 572· 5th Cir.· 1972-07-24 ·cited 10×
  The court held that the federal district court correctly dismissed the habeas corpus petition for failure to exhaust state remedies, and bail pending appeal is denied.
• United States ex rel. Lorenzo Richardson v. Rundle
  461 F.2d 860· 3d Cir.· 1972-06-08 ·cited 10×
  The court held that the evidence obtained from the frisk was admissible under Terry v. Ohio, as the officers had reasonable suspicion to believe the petitioner was involved in criminal activity and potentially armed.
• Green v. Beto
  460 F.2d 322· 5th Cir.· 1972-05-23 ·cited 10×
  The court held that a state prisoner must exhaust state remedies before seeking federal habeas corpus relief.
• Montgomery v. Caldwell
  457 F.2d 767· 5th Cir.· 1972-03-24 ·cited 10×
  The court held that the district court erred in summarily denying the habeas petition for failure to exhaust state remedies, as the applicant had made a prior state court filing.
• Brown v. Wis. State Dep't OF Pub. Welf.
  457 F.2d 257· 7th Cir.· 1972-02-17 ·cited 10×
  The court affirmed the denial of the habeas corpus petition, holding that issues not raised in the district court are waived and that state court factual findings are presumed correct absent contrary evidence.
• United States ex rel. Milton Wilson v. Rowe
  454 F.2d 585· 7th Cir.· 1971-12-02 ·cited 10×
  The court held that a federal court should not grant a writ of habeas corpus when the petitioner has not exhausted state remedies, even if state appellate procedures are slow, absent a showing that state processes are ineffective to protect rights.
• White v. State OF Tenn.
  447 F.2d 1354· 6th Cir.· 1971-09-07 ·cited 10×
  Federal district courts lack habeas corpus jurisdiction under 28 U.S.C. § 2241(a) for petitions filed by prisoners not physically located within the court's territorial jurisdiction.
• Smith v. Follette
  445 F.2d 955· 2d Cir.· 1971-07-08 ·cited 10×
  The court held that the applications were essentially habeas corpus petitions requiring exhaustion of state remedies.
• United States ex rel. Joseph A. DiRIENZO v. Yeager
  443 F.2d 228· 3d Cir.· 1971-06-04 ·cited 10×
  The court held that the police conduct did not violate the Fourth Amendment, and any error in admitting evidence from a warrantless search was harmless.
• Hunter v. Swenson
  442 F.2d 625· 8th Cir.· 1971-04-26 ·cited 10×
  The court held that the appellant was not entitled to another evidentiary hearing on the voluntariness of his statements, as the issue had been fully developed and resolved in prior state court proceedings.
• Fitzgerald v. Louie L. Wainwright
  440 F.2d 1049· 5th Cir.· 1971-04-07 ·cited 10×
  The court held that while some of the appellant's claims were properly denied, the issue of effective assistance of counsel was not sufficiently developed and required exhaustion of state remedies.
• United States ex rel. Michael Katzoff v. McGINNIS
  441 F.2d 558· 2d Cir.· 1971-03-29 ·cited 10×
  A civil rights action for restoration of statutory good time should not be barred by the exhaustion requirement of 28 U.S.C. § 2254(b).
• Johnson v. Salisbury
  448 F.2d 374· 6th Cir.· 1971-03-18 ·cited 10×
  The court held that the identification procedures used were not so unnecessarily suggestive as to deny due process of law, considering the totality of the circumstances.
• Peters v. Kiff
  441 F.2d 370· 5th Cir.· 1971-03-11 ·cited 10×
• Jackson v. Smith
  435 F.2d 1284· 5th Cir.· 1970-12-24 ·cited 10×
  The court held that the district court's denial of habeas corpus relief was correct because the petitioner failed to demonstrate clear error in the state court's findings or the district court's application of law.
• Mitchell v. Henderson
  432 F.2d 435· 5th Cir.· 1970-10-08 ·cited 10×
  The court held that the appellant's allegations entitled him to an evidentiary hearing and that venue was proper in the New Orleans Division.
• Marden A. Mayes v. Sigler
  428 F.2d 669· 8th Cir.· 1970-07-17 ·cited 10×
  The court held that the federal habeas corpus petition must be dismissed because the petitioner failed to exhaust his available state remedies.
• Daboul v. Craven
  429 F.2d 164· 9th Cir.· 1970-07-10 ·cited 10×
  The court affirmed the denial of the habeas corpus petition, finding the arrest lawful and the admission of prior testimony admissible on most counts, while remanding one count for failure to exhaust state remedies.
• McMICHAELS v. Barker L. Hancock
  428 F.2d 1222· 1st Cir.· 1970-07-08 ·cited 10×
  The court held that the petitioner had not exhausted his state remedies regarding his claim of an involuntary guilty plea.
• Milton v. Louie L. Wainwright
  428 F.2d 463· 5th Cir.· 1970-06-23 ·cited 10×
  The court held that the district court rightly denied the petition for a writ of habeas corpus.
• Brown v. Crouse
  425 F.2d 305· 10th Cir.· 1970-05-04 ·cited 10×
  The court held that the lower court's denial of habeas corpus relief was proper, affirming the denial of the appellant's claims of federal constitutional error.
• United States ex rel. Enrico Gentile v. Mancusi
  426 F.2d 238· 2d Cir.· 1970-04-13 ·cited 10×
  The court held that the relator's conclusory allegations of fear and prosecutorial threats did not warrant a federal habeas corpus hearing because he had not exhausted his state remedies for the latter claim and the former was insufficient.
• United States ex rel. Charles Albert Holes v. Mancusi
  423 F.2d 1137· 2d Cir.· 1970-03-26 ·cited 10×
  The court held that the petitioner failed to present sufficient particularized allegations and supporting material to warrant a federal habeas corpus hearing on the voluntariness of his guilty plea.
• Application of Timothy Connors v. State OF S.D. & Don R. Erickson
  422 F.2d 122· 8th Cir.· 1970-02-19 ·cited 10×
  The court held that the appellee's Sixth Amendment right to counsel was not violated during custodial interrogation, as his request for an attorney was not clear, was not pursued, and was not communicated to the interrogating officer.
• Perry v. James E. (Bill) Decker
  415 F.2d 773· 5th Cir.· 1969-09-05 ·cited 10×
  Federal habeas corpus relief is unavailable to state prisoners who have not exhausted their available state remedies, including direct appeal.
• Clark v. Beto
  415 F.2d 71· 5th Cir.· 1969-08-19 ·cited 10×
  The court held that the district court did not err in granting habeas corpus relief because the state failed to prove the petitioner's competency to stand trial due to the impossibility of a retrospective determination after a significant time lapse and conflicting evidence.
• Terrell v. Perini
  414 F.2d 1231· 6th Cir.· 1969-07-02 ·cited 10×
  The court held that the appellant had exhausted his state remedies because there was no clear Ohio Supreme Court interpretation allowing a delayed appeal from the Court of Appeals' denial of a delayed appeal.
• Sammie L. Love v. State OF Ala.
  411 F.2d 558· 5th Cir.· 1969-05-23 ·cited 10×
  The court held that the district court did not err in denying the habeas corpus petition without an evidentiary hearing because the prisoner had not exhausted state remedies for most claims and the state court's findings on the interrogation claim were presumed correct.
• United States ex rel. Hubert John Griffin v. Hon. Thomas C. Martin
  409 F.2d 1300· 2d Cir.· 1969-04-24 ·cited 10×
  The court affirmed the district court's denial of the habeas corpus petition, finding that state remedies were not exhausted at the time of the district court's decision.
• United States ex rel. Freddie Lee Davis v. Hon. Harold W. Follette
  410 F.2d 1135· 2d Cir.· 1969-03-24 ·cited 10×
  The court affirmed the denial of the habeas petition, finding no grounds to override state court factual determinations regarding the confession and that the identification issue was not dispositive.
• United States ex rel. Preston Smith v. Hon. Harold W. Follette
  405 F.2d 1199· 2d Cir.· 1969-01-13 ·cited 10×
  The court held that federal habeas corpus petitions should be dismissed without prejudice to allow state courts an opportunity to adjudicate the confrontation clause claims first.
• Cloudies Shinall v. Breazeale
  404 F.2d 785· 5th Cir.· 1968-12-19 ·cited 10×
  The court held that the district court erred in denying the petition without making findings or holding an evidentiary hearing on factual allegations that, if proven, would entitle the petitioner to relief.
• Manual Chavez v. Baker
  399 F.2d 943· 10th Cir.· 1968-09-16 ·cited 10×
  The court affirmed the denial of the habeas corpus petition, finding the appellant's claims unsubstantial and that requiring re-presentation to state courts would not serve justice.
• Davis v. Bennett
  400 F.2d 279· 8th Cir.· 1968-08-28 ·cited 10×
  The court affirmed the denial of the petitioner's claim because he had not exhausted his state remedies.
• OMO v. Crouse
  395 F.2d 757· 10th Cir.· 1968-05-06 ·cited 10×
  The court held that the petitioner had not exhausted state remedies, and the trial court properly refused to consider the petition on that basis.
• Carpenter v. Crouse
  389 F.2d 53· 10th Cir.· 1968-01-10 ·cited 10×
  The court held that the petitioner had not exhausted his available state court remedies and that the trial judge's findings of fact were supported by the evidence.
• United States ex rel. Edgar H. Smith v. Yeager
  395 F.2d 245· 3d Cir.· 1968-01-02 ·cited 10×
• Wade v. Peyton
  378 F.2d 50· 4th Cir.· 1967-05-29 ·cited 10×
  The grant of a writ of habeas corpus was improper because the petitioner had not exhausted available state remedies.
• Saxton v. Patterson
  370 F.2d 112· 10th Cir.· 1966-12-16 ·cited 10×
  The court held that the appellant had not exhausted his available state remedies.
• Lon O. Owsley v. Peyton
  368 F.2d 1002· 4th Cir.· 1966-11-15 ·cited 10×
  The court held that the state criminal court's failure to grant a preliminary inquiry into the defendant's mental competency, despite evidence suggesting doubt, violated due process and rendered the convictions void.
• Grove v. Wilson
  368 F.2d 414· 9th Cir.· 1966-11-07 ·cited 10×
  The court held that the petition did not allege facts sufficient to show a violation of federal constitutional rights, thus denying habeas corpus relief.
• COX v. Maxwell
  366 F.2d 765· 6th Cir.· 1966-10-07 ·cited 10×
  The petitioner's sentence has not expired because time spent on parole and unavailable to authorities due to other convictions does not count towards the sentence served.
• Burns v. State OF Ala.
  360 F.2d 608· 5th Cir.· 1966-05-12 ·cited 10×
  The court held that the district court erred in denying habeas corpus relief without a full hearing, as the appellant had not deliberately bypassed available state remedies and the issue of counsel effectiveness required further factual development.
• Finan v. Crouse
  352 F.2d 507· 10th Cir.· 1965-11-12 ·cited 10×
  The court held that the petitioner failed to exhaust state remedies and the delay did not constitute a due process violation.
• Wells v. The People OF the State OF Cal.
  352 F.2d 439· 9th Cir.· 1965-11-01 ·cited 10×
  A federal court may not grant habeas corpus relief if a favorable decision on the challenged conviction would not result in the prisoner's immediate release from custody.
• Logan Peter Rollins v. Haskins
  348 F.2d 454· 6th Cir.· 1965-07-01 ·cited 10×
  Federal courts lack jurisdiction to hear a habeas corpus petition if the petitioner has not exhausted available state remedies, including the possibility of a delayed appeal.
• Dabney v. Sigler
  345 F.2d 710· 8th Cir.· 1965-05-19 ·cited 10×
  The court held that federal courts should apply the exhaustion of state remedies doctrine when a new state post-conviction relief statute becomes available, remanding the case for dismissal without prejudice.