Exhaustion Of State Remedies

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

• Williams v. Nelson
  431 F.2d 932· 9th Cir.· 1970-08-18 ·cited 6×
  The court held that the district court correctly denied the petition for a writ of habeas corpus because the appellant failed to exhaust his state remedies.
• Sellars v. Beto
  430 F.2d 1150· 5th Cir.· 1970-07-28 ·cited 6×
  The court held that the confessions were admissible and the appellant's constitutional rights were not violated, affirming the denial of the habeas corpus petition.
• LEE v. Beto
  429 F.2d 524· 5th Cir.· 1970-07-22 ·cited 6×
  The court held that the district court must make findings of fact and conclusions of law regarding the fundamental fairness of the petitioner's trial, including evidence of witness intimidation and racial prejudice.
• Pebworth v. Henderson
  428 F.2d 789· 5th Cir.· 1970-05-25 ·cited 6×
  The federal court correctly denied habeas corpus relief because the petitioner failed to exhaust state remedies for some claims and the state court record was adequate for others.
• Brown v. State OF Ark.
  426 F.2d 677· 8th Cir.· 1970-05-12 ·cited 6×
  The court held that the petition must be dismissed because the petitioner is no longer in custody under the Arkansas conviction, and thus there is no proper party in Arkansas to defend the habeas corpus petition.
• Hudson v. Crouse
  420 F.2d 416· 10th Cir.· 1970-01-21 ·cited 6×
  The court held that the petitioner has failed to exhaust his state court remedies, and therefore his federal habeas corpus motion must be dismissed as premature.
• Euge v. J. Earl Smith, M.D.
  418 F.2d 1296· 8th Cir.· 1969-12-10 ·cited 6×
  A federal court cannot grant an injunction to stay state court proceedings except in limited circumstances, and this case does not fall within those exceptions.
• United States ex rel. John C. Rebenstorf v. Pate
  417 F.2d 1222· 7th Cir.· 1969-09-22 ·cited 6×
  The court held that the district court erred in dismissing the claim of ineffective assistance of trial counsel without reviewing the state court record, and that the denial of a transcript and counsel for a post-judgment relief appeal was not a constitutional violation as the pr
• Liles v. The S.C. Dep't OF Corr.
  414 F.2d 612· 4th Cir.· 1969-08-28 ·cited 6×
  The court held that the district court erred in denying relief based on failure to exhaust state remedies and in refusing to honor a timely notice of appeal.
• Hutchinson v. Craven
  415 F.2d 278· 9th Cir.· 1969-08-14 ·cited 6×
  The court held that the district court erred in denying the habeas application based on prior proceedings because those proceedings lacked an evidentiary hearing on the merits. The court also noted a substantial new issue regarding denial of counsel that could warrant relief.
• Daniels v. Nelson
  415 F.2d 323· 9th Cir.· 1969-08-14 ·cited 6×
  The court held that a state prisoner's federal habeas corpus petition is premature while his direct appeal in the state court is still pending.
• United States ex rel. Clifford Hundley v. Mr. Warren Pinto
  413 F.2d 727· 3d Cir.· 1969-07-30 ·cited 6×
  The court held that the appellant's constitutional rights were not violated by the admission of a co-defendant's statement with limiting instructions, as the co-defendant testified and was available for cross-examination.
• MacKey v. Koloski
  413 F.2d 1019· 6th Cir.· 1969-07-22 ·cited 6×
  The court held that a delayed appeal on the merits of the conviction is an available remedy that must be pursued to exhaust state remedies, even if subject to court discretion.
• United States ex rel. James Morris Fletcher v. Maroney
  413 F.2d 15· 3d Cir.· 1969-07-08 ·cited 6×
  The court held that the appellant's contention regarding denial of counsel in state post-conviction proceedings must first be presented to the state courts for adjudication.
• United States ex rel. Burton N. Pugach v. Hon. Vincent R. Mancusi
  411 F.2d 177· 2d Cir.· 1969-05-12 ·cited 6×
  The court held that the defendant raised at least two non-frivolous grounds for collateral attack on his conviction, warranting a hearing.
• Berry v. Beto
  410 F.2d 503· 5th Cir.· 1969-04-18 ·cited 6×
  The court held that the state habeas court should have conducted an evidentiary hearing on the appellant's claims of ineffective assistance of counsel and an invalid guilty plea.
• Heath v. Louie L. Wainwright
  408 F.2d 1020· 5th Cir.· 1969-02-28 ·cited 6×
  The court affirmed the district court's denial of habeas corpus relief, finding no clear error in its factual findings or legal conclusions.
• Parker v. Comstock
  404 F.2d 746· 9th Cir.· 1968-12-18 ·cited 6×
  The court held that the denial of habeas corpus relief cannot be sustained solely on the ground that the applicant is challenging only the first of two consecutive sentences.
• Strouth v. Peyton
  404 F.2d 537· 4th Cir.· 1968-11-27 ·cited 6×
  The court held that the district court should abstain from hearing the habeas corpus petition to allow the state court an opportunity to hear the prisoner's claims, given the evolving remedies in both systems.
• Hillard E. Smith v. Peyton
  408 F.2d 1009· 4th Cir.· 1968-10-02 ·cited 6×
  The court held that the petitioner had sufficiently exhausted state remedies by raising the issue of an illegally obtained confession at trial and on direct appeal, and thus the district court should not have dismissed the habeas corpus petition without requiring an answer.
• Martinez v. Craven
  397 F.2d 256· 9th Cir.· 1968-07-08 ·cited 6×
  A federal court should deny a habeas corpus petition if the petitioner has not exhausted available state remedies.
• Bennett v. Allen
  396 F.2d 788· 9th Cir.· 1968-06-12 ·cited 6×
  The court held that the complaint, seeking to invalidate a state conviction and restrain incarceration, should have been treated as a petition for a writ of habeas corpus, not a civil rights action.
• United States ex rel. Albert Jefferson v. Hon. Harold W. Follette
  396 F.2d 862· 2d Cir.· 1968-06-06 ·cited 6×
  The court held that the district court erred in dismissing the habeas corpus petition without a hearing, as the petitioner made a sufficient showing that he may have been denied the means to adequately develop facts at the state court hearing.
• Patterson v. Brown
  393 F.2d 733· 10th Cir.· 1968-04-30 ·cited 6×
  A federal habeas court has jurisdiction to consider constitutional claims despite state procedural default, unless the applicant deliberately bypassed state court procedures.
• Cheek v. Swenson
  387 F.2d 339· 8th Cir.· 1967-12-04 ·cited 6×
  The court held that the appellant had not fully exhausted his state remedies under the newly amended Missouri Rule 27.26.
• Baker v. LEE
  384 F.2d 703· 5th Cir.· 1967-10-27 ·cited 6×
  The court held that the district court erred in denying a habeas corpus petition for failure to exhaust state remedies when no state remedies were available, and without finding a deliberate bypass of state procedures.
• United States ex rel. Orville Waldron v. Pate
  380 F.2d 94· 7th Cir.· 1967-06-22 ·cited 6×
  The court held that the district court properly dismissed the habeas corpus petition for failure to exhaust state remedies, as the petitioner had not presented his newly asserted constitutional claims to the state courts.
• Rambo v. Peyton
  380 F.2d 363· 4th Cir.· 1967-06-21 ·cited 6×
  The court affirmed the dismissal of the federal habeas corpus petition, finding no merit in the petitioner's contentions.
• United States ex rel. Louis Roberts v. Hon. J. Edwin LaVALLEE
  373 F.2d 49· 2d Cir.· 1967-02-07 ·cited 6×
  The court held that the federal court should defer to state courts to determine the application of New York law regarding the denial of a free transcript of preliminary hearing minutes to an indigent defendant.
• Rosalio B. Montez v. Eyman
  372 F.2d 100· 9th Cir.· 1967-02-07 ·cited 6×
  The court held that the district court's finding of a knowing waiver of appeal was clearly erroneous and that the Arizona Supreme Court did not consider the merits of the appellant's claim regarding the mistrial denial.
• Smith v. Wilson
  371 F.2d 681· 9th Cir.· 1967-01-18 ·cited 6×
  The court held that the district court erred in dismissing the habeas corpus petition without resolving factual issues regarding exhaustion of state remedies and the applicability of McNally v. Hill.
• Wilson v. Blabon
  370 F.2d 997· 9th Cir.· 1967-01-06 ·cited 6×
  The dissenting judge would affirm the district court's decision, finding the appellee's confinement based on an invalid conviction to be unjust and lacking jurisdictional foundation.
• Thomaston v. Gladden
  369 F.2d 693· 9th Cir.· 1966-12-02 ·cited 6×
  The court held that the appellant failed to exhaust available state remedies for a new issue raised on remand.
• Ames v. Middlebrooks
  369 F.2d 113· 5th Cir.· 1966-12-02 ·cited 6×
  The court held that the prisoner had not exhausted his state remedies, thus federal habeas corpus relief was premature.
• Hutson v. Zeigler
  362 F.2d 200· 5th Cir.· 1966-06-17 ·cited 6×
  The court affirmed the denial of the habeas petition, holding that federal parole authorities retained jurisdiction over the petitioner and that the issue of denial of appointed counsel on appeal should first be addressed by Alaska state courts.
• United States ex rel. James DeNEGRIS v. Menser
  360 F.2d 199· 2d Cir.· 1966-04-14 ·cited 6×
  The court held that a search warrant was invalid because the affidavit supporting it did not establish probable cause and the magistrate failed to make an independent determination of probable cause.
• Robert O. (Bob) Hurt v. Page
  355 F.2d 169· 10th Cir.· 1966-01-04 ·cited 6×
  The court held that the district court did not abuse its discretion in dismissing the habeas corpus petition without a hearing, as the claims were either not properly presented to state courts or had been fairly litigated and decided adversely to the petitioner.
• Saulsbury v. Lamoyne Green
  347 F.2d 828· 6th Cir.· 1965-06-25 ·cited 6×
  The court held that the petitioner's Fourth Amendment claim was adjudicated on the merits by the Ohio Supreme Court, and that Mapp v. Ohio is not retroactively applicable to convictions prior to its decision.
• Bervin Hayes v. Holman
  346 F.2d 991· 5th Cir.· 1965-06-14 ·cited 6×
  The court held that the petitioner had exhausted state remedies and was entitled to a hearing on his habeas corpus petition regarding the denial of counsel.
• Adolphus Brooks v. Wainwright
  345 F.2d 641· 5th Cir.· 1965-05-12 ·cited 6×
  The court held that the petitioner must exhaust available state remedies under Florida Rule of Criminal Procedure 1 before renewing his federal habeas corpus application.
• Witt v. Nash
  342 F.2d 791· 8th Cir.· 1965-03-22 ·cited 6×
  The court held that the appellant had not exhausted his state remedies and therefore could not seek federal habeas corpus relief.
• United States ex rel. Joseph Dalton v. Myers
  342 F.2d 202· 3d Cir.· 1965-03-08 ·cited 6×
  The court affirmed the denial of the habeas corpus petition, remanding the appellant to state courts for a hearing on the merits.
• Underwood v. Bomar
  335 F.2d 783· 6th Cir.· 1964-08-19 ·cited 6×
  The court held that the appellants' constitutional rights were not violated regarding counsel, representation adequacy, indictment validity, or awareness of their guilty plea.
• Allen v. Bannan
  332 F.2d 399· 6th Cir.· 1964-05-20 ·cited 6×
  A confession obtained during an unlawful detention in state court is admissible if it was voluntary and did not violate Fourteenth Amendment due process, even if a state statute regarding prompt arraignment was violated.
• Christopher v. The State OF Iowa
  324 F.2d 180· 8th Cir.· 1963-11-01 ·cited 6×
  The court held that a prisoner cannot use the federal declaratory judgment statute to challenge the validity of a state-court judgment under which he is serving time.
• Reed v. Rhay
  323 F.2d 498· 9th Cir.· 1963-10-14 ·cited 6×
  The court held that the information charging burglary was valid and that the search and seizure did not violate the Constitution, affirming the lower court's denial of the habeas corpus petition.
• COX v. Raburn
  314 F.2d 856· 10th Cir.· 1963-02-12 ·cited 6×
  The court held that the prisoner had not exhausted his state remedies as required by 28 U.S.C. § 2254, and thus the federal court improvidently issued the writ of habeas corpus.
• Harrison v. Otto C. Boles
  307 F.2d 928· 4th Cir.· 1962-09-13 ·cited 6×
  The court held that a petition for a writ of habeas corpus cannot be used to review errors of fact or law committed during a trial that do not involve the denial of a constitutional right, and that the allegations in this petition were insufficient to warrant a hearing.
• Luton v. The State OF Tex.
  303 F.2d 899· 5th Cir.· 1962-06-15 ·cited 6×
  The court held that the district court erred in refusing to admit an affidavit that could cast doubt on appointed counsel's testimony regarding jail visits.
• United States ex rel. George Robert Brown v. Ward Lane
  302 F.2d 537· 7th Cir.· 1962-05-04 ·cited 6×
  The court held that the State of Indiana denied the petitioner equal protection of the laws by preventing an indigent defendant from obtaining appellate review of a post-conviction remedy due to his inability to afford a transcript.