Exhaustion Of State Remedies

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

• United States ex rel. Robert Williams v. Israel
  556 F.2d 865· 7th Cir.· 1977-06-14 ·cited 6×
  The court held that the petitioner must exhaust state remedies before seeking federal habeas corpus relief, as his claim of ineffective assistance of counsel is reviewable under Illinois post-conviction proceedings.
• Patterson v. William D. Leeke & the Attorney Gen. of the State of S.C.
  556 F.2d 1168· 4th Cir.· 1977-06-13 ·cited 6×
  The court held that state prisoners must exhaust remedies under South Carolina's Uniform Post-Conviction Relief Act before seeking federal habeas corpus relief, as the Act provides an effective means to address claims of ineffective assistance of counsel due to failure to advise
• Browne v. Estelle
  544 F.2d 1244· 5th Cir.· 1977-01-06 ·cited 6×
  The court held that claims of disproportionate sentences under the Texas recidivist statute require individual, case-by-case review and must be exhausted in state courts before federal habeas corpus relief is available.
• Stead v. Link
  540 F.2d 923· 8th Cir.· 1976-08-12 ·cited 6×
  The concurring judge agrees with the result but disagrees with the majority's assertion that a petitioner must exhaust state remedies for prior convictions influencing a federal sentence under § 2255.
• Panda Weeks v. Estelle
  531 F.2d 780· 5th Cir.· 1976-05-17 ·cited 6×
  The court held that the police had probable cause to arrest Ms. Weeks and search her car based on a detailed, corroborated tip from a reliable informant.
• Alva E. Curry v. Estelle
  531 F.2d 766· 5th Cir.· 1976-05-14 ·cited 6×
  The court held that the sentencing court adequately resolved doubts about the petitioner's competency to plead guilty based on the information available at the time.
• Bradley v. Judges OF the Superior Court FOR the Cnty. OF LOS Angeles
  531 F.2d 413· 9th Cir.· 1976-02-04 ·cited 6×
  The court held that amendments to Cal.Code Civ.P. § 206 mooted the Civil Rights Act action and affirmed the denial of habeas corpus petitions, finding the dual draw system constitutional under a rational basis test and not subject to retroactive application.
• United States ex rel. John Suggs v. la Vallee
  523 F.2d 539· 2d Cir.· 1975-08-07 ·cited 6×
  The court held that the district court erred in vacating guilty pleas without an evidentiary hearing, given conflicting psychiatric reports regarding the defendant's competency.
• Friedlander v. Joseph Cimino, M.D.
  520 F.2d 318· 2d Cir.· 1975-07-09 ·cited 6×
  The court held that the complaint sufficiently alleged purposeful discrimination to establish a substantial federal question, thus reversing the dismissal.
• Eggleston v. Estelle
  513 F.2d 758· 5th Cir.· 1975-05-29 ·cited 6×
  The court held that a conviction cannot stand if based on an indictment from a grand jury from which Negroes were excluded due to race, and that a prior Fifth Circuit precedent to the contrary is not binding. The court also vacated the district court's judgment and remanded for f
• Gilstrap v. Mills Godwin
  517 F.2d 52· 4th Cir.· 1975-05-29 ·cited 6×
  A federal prisoner must exhaust state remedies, including pretrial habeas corpus, before seeking federal habeas relief, even if the state's highest court typically reviews speedy trial issues post-trial.
• Caver v. State OF Ala.
  511 F.2d 124· 5th Cir.· 1975-04-10 ·cited 6×
  The federal court erred in denying a habeas corpus petition without an evidentiary hearing when contested issues of fact controlled the constitutional questions raised.
• Edwards v. Ill. Dep't OF Corr.
  514 F.2d 477· 7th Cir.· 1975-04-08 ·cited 6×
  The court held that the plaintiffs failed to allege facts showing a violation of due process standards applicable at the time of the alleged infractions, thus their claims for good time restoration, declaratory, injunctive, and monetary relief were properly dismissed.
• Patterson v. Lockhart
  513 F.2d 579· 8th Cir.· 1975-04-03 ·cited 6×
  The court held that the state must provide a plenary hearing in state court on the validity of the search warrant and other constitutional issues, or the habeas petition will be granted.
• Russell v. State OF Mo.
  511 F.2d 861· 8th Cir.· 1975-03-07 ·cited 6×
  A guilty plea breaks the chain of prior constitutional deprivations, and a claim of counsel denial at arrest is insufficient to challenge a subsequent voluntary guilty plea unless it shows the plea itself was involuntary due to ineffective counsel.
• Berry v. Cowan
  497 F.2d 1274· 6th Cir.· 1974-06-12 ·cited 6×
  The court held that the federal courts must defer to state court factual findings when supported by the record, and that the petitioner received constitutionally effective assistance of counsel.
• Haggard v. State OF Ala.
  494 F.2d 1187· 5th Cir.· 1974-06-03 ·cited 6×
  The court held that the appellant's pro se habeas corpus petitions were too unintelligible to decide on the merits, requiring remand for clarification and appointment of counsel.
• Douglas-Guardian Warehouse Corp. v. Posey
  486 F.2d 739· 10th Cir.· 1973-11-05 ·cited 6×
  The court held that the appellant could not enjoin state court judgments based on a subsequently decided constitutional challenge to the replevin statute, nor could it seek protection of a prior federal judgment that did not address the validity of state claims.
• Thomas v. Estelle
  486 F.2d 224· 5th Cir.· 1973-10-25 ·cited 6×
  The court affirmed the denial of federal habeas relief to the state prisoner applicant.
• Kelley v. Swenson
  481 F.2d 86· 8th Cir.· 1973-06-22 ·cited 6×
  The court held that the petitioner had not failed to exhaust state remedies by not seeking a rehearing en banc, as Missouri law does not grant an absolute right to such review when only the application of established federal constitutional principles is involved.
• Fuller v. State
  473 F.2d 1383· 5th Cir.· 1973-02-15 ·cited 6×
  The district court correctly dismissed the habeas petition without prejudice because the petitioner had not exhausted his state remedies.
• Moreno v. Nelson
  472 F.2d 570· 9th Cir.· 1973-01-12 ·cited 6×
  The District Court did not abuse its discretion in declining to entertain the habeas petition because the appellant had not exhausted available state remedies.
• Goham v. Wolff
  471 F.2d 52· 8th Cir.· 1972-12-20 ·cited 6×
  The court held that the denial of leave to docket original habeas corpus petitions in the Nebraska Supreme Court, without opinion, does not constitute exhaustion of state remedies.
• Enoch Robinson v. Wolff
  468 F.2d 438· 8th Cir.· 1972-10-19 ·cited 6×
  The court affirmed the denial of writs of habeas corpus, finding that the petitioner had not exhausted state remedies for most claims and that the jurisdictional claim was without merit.
• United States ex rel. Gerardo Catena v. Elias
  465 F.2d 765· 3d Cir.· 1972-08-08 ·cited 6×
  The court held that the procedures of the New Jersey State Commission of Investigation comport with due process requirements because the Commission is a purely investigative body, not accusatory or adjudicatory.
• Devlin v. Sosbe
  465 F.2d 169· 7th Cir.· 1972-07-31 ·cited 6×
  The court held that while the district court had jurisdiction, it properly declined to exercise it by abstaining, allowing state courts to interpret the ordinance.
• Williams v. Mo. Dep't of Corr.
  463 F.2d 993· 8th Cir.· 1972-07-21 ·cited 6×
  The court held that the petitioner had not exhausted his state judicial remedies, which is a prerequisite for federal habeas corpus relief.
• Conte v. Cardwell
  475 F.2d 698· 6th Cir.· 1972-06-29 ·cited 6×
  The court held that the affidavits were insufficient to support a delayed filing of the motion to reconsider, and the petition to rehear would be denied for untimely filing.
• Dirring v. Commonwealth OF Mass.
  459 F.2d 953· 1st Cir.· 1972-05-26 ·cited 6×
  The court held that the petitioner has not exhausted state remedies regarding his claim of denied compulsory process, and the petition should be dismissed without prejudice on that ground.
• LeDENT v. Wolff
  460 F.2d 1001· 8th Cir.· 1972-05-19 ·cited 6×
  The court held that a federal court should not rule on a habeas corpus petition raising a Fourth Amendment search warrant issue until the petitioner has fully exhausted state remedies for claims regarding the truthfulness of the affidavit supporting the warrant.
• Padilla v. Hon. Harold J. Ackerman
  460 F.2d 477· 9th Cir.· 1972-05-05 ·cited 6×
  The court held that federal courts should not enjoin pending state criminal proceedings absent special circumstances, even in civil rights actions, and that declaratory relief is subject to the same standard.
• Young v. State OF Md.
  455 F.2d 679· 4th Cir.· 1972-02-07 ·cited 6×
  The admission of the trenchcoat, even if illegally seized, was harmless error beyond a reasonable doubt because the defendant admitted the act of intercourse and wearing the coat, and the coat's stains did not prejudice his defense.
• Edwards v. Swenson
  454 F.2d 1106· 8th Cir.· 1972-01-14 ·cited 6×
  The court held that the confession was voluntarily given and admissible, and that the arrest, even if illegal, did not taint the confession or render the trial unfair.
• Cassasa v. Nelson
  452 F.2d 1083· 9th Cir.· 1971-12-10 ·cited 6×
  The court held that the introduction of evidence of uncharged offenses, even if potentially improper under state law, did not rise to the level of a constitutional violation cognizable by a federal court.
• Burnside v. Sigler
  451 F.2d 987· 8th Cir.· 1971-11-24 ·cited 6×
  The court held that the petitioner failed to exhaust his state remedies regarding his claim of ineffective assistance of counsel.
• Doll Holloway v. Louie L. Wainwright
  451 F.2d 149· 5th Cir.· 1971-11-16 ·cited 6×
  The court held that the appellant's petition for habeas corpus was properly denied because his claim of non-compliance with Florida Statutes § 932.38 did not rise to a constitutional level and he had not exhausted state remedies for other claims.
• United States ex rel. Dr. Jesse Williams, II v. Zelker
  445 F.2d 451· 2d Cir.· 1971-07-02 ·cited 6×
  The District Court erred in withholding consideration of the constitutionality of the statute attacked, and the judgment below is vacated.
• Grover Cleveland McDANIEL v. Sheriff OF Dallas Cnty. & State of Tex.
  445 F.2d 851· 5th Cir.· 1971-06-24 ·cited 6×
  The court held that a habeas corpus petition is not moot even if the sentence has been served, and the petitioner is entitled to adjudication on the merits if state remedies are exhausted.
• Thomason v. Smith
  442 F.2d 1330· 5th Cir.· 1971-05-26 ·cited 6×
  The court held that the federal district court improperly ruled on the prisoner's allegations without first determining if state remedies had been exhausted.
• Courtney v. Sarver
  440 F.2d 1197· 8th Cir.· 1971-04-12 ·cited 6×
  The court held that the record was inadequate to review the petitioner's claims regarding denial of appeal and fair trial, remanding for further findings.
• Chavez v. Warden Maurice Sigler
  438 F.2d 890· 8th Cir.· 1971-03-04 ·cited 6×
  A state prisoner seeking a transcript for a habeas corpus petition must first exhaust state remedies, including presenting the request for the transcript and substantive allegations to the state courts.
• Turner v. Lloyd
  439 F.2d 138· 9th Cir.· 1971-03-04 ·cited 6×
  The court held that the appellant failed to exhaust state remedies because he did not seek further state court relief after his initial petitions were denied and did not raise the same issues in all state petitions.
• Kirby v. Sutton
  436 F.2d 1082· 5th Cir.· 1971-01-18 ·cited 6×
  Appellants, a newspaper publisher and a reporter, appeal a civil contempt order issued after the reporter refused to reveal the source for an article concerning an ethics complaint filed against county commissioners.
• United States ex rel. Charles Bishop H-4971 v. Rundle
  437 F.2d 204· 3d Cir.· 1971-01-12 ·cited 6×
  The court held that the confession was admissible as it was voluntary and the arrest was supported by probable cause, and that the issue of counsel at juvenile certification was not properly preserved.
• Ellis George Payne v. Cardwell
  436 F.2d 577· 6th Cir.· 1971-01-06 ·cited 6×
  The court held that a state appellate court's decision alone is insufficient to deny a federal habeas corpus petition without an evidentiary hearing.
• United States ex rel. Malachi Beard, Jr. v. Rundle
  434 F.2d 588· 3d Cir.· 1970-12-04 ·cited 6×
  The court held that the defendant failed to prove indigency and therefore was not entitled to appointed counsel on appeal. Furthermore, the court found that the defendant had not exhausted his state remedies on the issue of counsel's alleged ineffectiveness.
• United States ex rel. Richard J. Stuart v. Yeager
  434 F.2d 1308· 3d Cir.· 1970-11-30 ·cited 6×
  The court held that the district court correctly denied the petition for a writ of habeas corpus because the petitioner was not in custody in violation of federal law at the time of the petition.
• Ardister v. Smith
  433 F.2d 931· 5th Cir.· 1970-11-11 ·cited 6×
  The court held that a preliminary hearing is not a critical stage for federal habeas relief and that the appellant must exhaust state remedies for other claims before seeking federal habeas corpus.
• Donlavey v. Smith
  432 F.2d 940· 5th Cir.· 1970-09-28 ·cited 6×
  The court held that the petitioner did not effectively present his claim of denial of counsel at the preliminary hearing to the state courts, and therefore has not exhausted his state remedies.
• Johnson v. Craven
  432 F.2d 418· 9th Cir.· 1970-09-02 ·cited 6×
  The court held that the petitioner's claims of illegal search and seizure and ineffective assistance of counsel did not warrant habeas corpus relief.