Exhaustion Of State Remedies

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

• Burrows v. Engle
  545 F.2d 552· 6th Cir.· 1976-12-01 ·cited 4×
  Technical defects in an indictment and claims arising before a guilty plea are generally not grounds for federal habeas corpus relief.
• Reese v. Ricketts
  534 F.2d 1180· 5th Cir.· 1976-07-12 ·cited 4×
  The court held that the petitioner deliberately bypassed the jury selection procedures, barring him from raising the issue in a habeas petition.
• Caldwell v. State OF Minn.
  536 F.2d 272· 8th Cir.· 1976-06-17 ·cited 4×
  The court held that the trial court's refusal to allow cross-examination regarding a prosecution witness's current address and place of employment did not deny the defendant his right to confrontation, as disclosure might endanger the witness and the defendant showed no particula
• United States ex rel. Nicholas Abate v. Malcolm
  522 F.2d 826· 2d Cir.· 1975-08-25 ·cited 4×
  The federal court vacated its stay and remanded to the District Court to dismiss the petition as moot because the state court subsequently granted the petitioner bail pending appeal.
• United States ex rel. Eugene Frank Irons v. Montanye
  520 F.2d 646· 2d Cir.· 1975-07-07 ·cited 4×
  The court held that it must remand the case to determine if the issues presented were first raised in state courts, as this is a prerequisite for federal habeas corpus review.
• Fann v. Havener
  516 F.2d 887· 6th Cir.· 1975-05-23 ·cited 4×
  The court affirmed the dismissal of the habeas petition regarding the preindictment identification procedure but vacated and remanded the portion concerning exhaustion of state remedies.
• ST. Jules v. Savage
  512 F.2d 881· 5th Cir.· 1975-05-12 ·cited 4×
  The court held that the district court erred in dismissing the habeas corpus petition for failure to exhaust state remedies when the state's highest court had already rejected the identical constitutional challenge.
• Thompson v. McMANUS
  512 F.2d 769· 8th Cir.· 1975-03-21 ·cited 4×
  The court affirmed the denial of habeas corpus relief, finding the search of the appellant's home was proper.
• Hopkins v. Park J. Anderson
  507 F.2d 530· 10th Cir.· 1974-12-16 ·cited 4×
  The court held that the pleas of guilty were knowingly, intelligently, and voluntarily made, despite the circumstances surrounding the plea bargain.
• Johnson v. Wyrick
  508 F.2d 123· 8th Cir.· 1974-12-05 ·cited 4×
  The court affirmed the district court's denial of the habeas corpus petition, finding that the petitioner had not exhausted state remedies for one claim and that other claims were properly rejected.
• Bernath v. Craven
  506 F.2d 1244· 9th Cir.· 1974-11-19 ·cited 4×
  The court held that the rule established in Wright v. Craven, requiring awareness of consequences for admitting a prior felony conviction used for sentence enhancement, should be applied prospectively only.
• In re Certificate of New York to Compel Attendance of Witness
  297 So. 2d 865· Fla. 4th DCA· 1974-07-02 ·cited 4×
  Paul Anthony DiCocco sought relief from a court order compelling him to appear as a witness before a New York Grand Jury. The Florida District Court of Appeal denied his application for a writ of prohibition and supersedeas, finding that he failed to follow proper procedural requ
• Pressley v. Louie L. Wainwright
  493 F.2d 894· 5th Cir.· 1974-05-10 ·cited 4×
  The court held that the federal district court correctly denied the writ of habeas corpus because the petitioner failed to exhaust his state remedies.
• Hayward v. Stone
  496 F.2d 844· 9th Cir.· 1974-05-09 ·cited 4×
  The court held that an application to recall the remittitur, when used appropriately to raise a federal claim, can satisfy the exhaustion requirement for federal habeas corpus petitions.
• Myron M. Amato v. Divine
  496 F.2d 441· 7th Cir.· 1974-03-12 ·cited 4×
  The court held that the Wisconsin statute prohibiting the sale of obscene materials was unconstitutionally vague under the standards established in Miller v. California, thus requiring reversal of the conviction.
• DeGAGLIA v. Stack
  490 F.2d 472· 5th Cir.· 1974-03-06 ·cited 4×
  The court held that the state judge's comment about giving 'great weight' to the state's recommendation did not render the nolo contendere plea involuntary, and the claim regarding the maximum sentence was not exhausted in state courts.
• Dombkowski v. Johnson
  488 F.2d 68· 6th Cir.· 1973-12-05 ·cited 4×
  The court held that a conviction for being drunk and disorderly did not bar a subsequent conviction for attempting to take indecent liberties with a minor, as the charges arose from different facts and circumstances.
• Lyden v. State
  281 So. 2d 591· Fla. 2d DCA· 1973-08-24 ·cited 4×
  Lyden moved to dismiss his own appeal on the ground that he needed to exhaust state remedies before pursuing federal habeas corpus relief. The Florida appellate court denied the motion, holding that appellate courts have no more right to grant such motions than trial courts have
• Tucker v. Park J. Anderson
  483 F.2d 423· 10th Cir.· 1973-07-23 ·cited 4×
  The court held that the record did not plainly show an intelligent and understanding waiver of the right to counsel, and the federal court erred in denying an evidentiary hearing.
• Turnbow v. Beto
  477 F.2d 1151· 5th Cir.· 1973-04-18 ·cited 4×
  The court held that the petitioner was adequately advised of his right to appellate counsel and that his claim regarding lack of counsel at sentencing was not exhausted in state courts.
• Neville P. Matthews v. Wingo
  474 F.2d 1266· 6th Cir.· 1973-03-01 ·cited 4×
  The court held that a second federal habeas corpus petition raising issues already decided on the merits in a prior petition can be denied, and that conclusory allegations of ineffective assistance of counsel are insufficient to require an evidentiary hearing.
• Stearns v. Parker
  469 F.2d 1090· 9th Cir.· 1972-11-27 ·cited 4×
  A state prisoner incarcerated in a federal facility under contract with the state must exhaust state remedies before seeking federal habeas corpus relief.
• Jones v. Pitchess
  469 F.2d 678· 9th Cir.· 1972-11-15 ·cited 4×
  The court held that a dismissal of a complaint without prejudice is not a final order and thus not appealable under 28 U.S.C. § 1291.
• Ramirez v. Rodriguez
  467 F.2d 822· 10th Cir.· 1972-10-19 ·cited 4×
  The court held that the petitioner's arrest and the subsequent search were based on probable cause, and federal habeas corpus review is available for constitutional claims.
• United States ex rel. Patrick J. Gomes v. State OF NEW Jersey & Howard Yeager
  464 F.2d 686· 3d Cir.· 1972-07-12 ·cited 4×
  The Sixth Amendment right to counsel does not extend to pre-indictment lineups, and the identification procedure used was not unnecessarily suggestive.
• United States ex rel. William A. WAX v. Twomey
  465 F.2d 352· 7th Cir.· 1972-07-05 ·cited 4×
  The court held that the petitioner's contentions lacked merit and affirmed the dismissal of his habeas corpus petition.
• Castel Venable v. Neil
  463 F.2d 1167· 6th Cir.· 1972-06-30 ·cited 4×
  A petitioner is entitled to an evidentiary hearing on claims of ineffective assistance of counsel if the allegations, if true, would establish a constitutional violation.
• Parson v. Beto
  463 F.2d 249· 5th Cir.· 1972-06-27 ·cited 4×
  The court held that the district court did not err in dismissing the petition without prejudice because the appellant failed to exhaust his available state remedies.
• Sandoval v. Rodriguez
  461 F.2d 1097· 10th Cir.· 1972-06-22 ·cited 4×
  The court held that the federal district court erred in dismissing the claim regarding the jury instruction on failure to testify for failure to exhaust state remedies, but that the instruction and any alleged prosecutorial comment were not constitutional violations or were harml
• Thomas v. Beto
  461 F.2d 244· 5th Cir.· 1972-06-13 ·cited 4×
  The court held that the petitioner had exhausted state remedies on the claim that the prosecutor displayed his criminal record to the jury, and thus the district court should consider the claim on its merits.
• Tramel v. State OF Idaho
  459 F.2d 57· 10th Cir.· 1972-05-10 ·cited 4×
  Inordinate and inexcusable delay in state court process may constitute a denial of due process, necessitating federal court intervention.
• United States ex rel. Milton Ellington v. Hon. J. P. Conboy
  459 F.2d 76· 2d Cir.· 1972-04-24 ·cited 4×
  The court held that the district court's order should be vacated and the petitioner given an opportunity to amend his habeas corpus application.
• Steed v. Salisbury
  459 F.2d 475· 6th Cir.· 1972-04-13 ·cited 4×
  The court held that the appellant failed to exhaust his state court remedies regarding his claim of ineffective assistance of counsel and denial of appeal.
• Terry v. Wingo
  454 F.2d 694· 6th Cir.· 1972-02-08 ·cited 4×
  Federal habeas corpus relief may be granted without requiring exhaustion of state remedies if circumstances render the state corrective process ineffective.
• Imhoff v. Sheriff Clarence Jones
  453 F.2d 894· 5th Cir.· 1972-01-14 ·cited 4×
  The order denying a petition for habeas corpus without prejudice to reapply after exhausting state remedies is affirmed.
• Meacham v. Beto
  451 F.2d 187· 5th Cir.· 1971-11-11 ·cited 4×
  The court held that a federal habeas corpus petition may be dismissed without prejudice for failure to exhaust state remedies on all claims, even if some claims have been exhausted.
• Calhoun v. Smith
  447 F.2d 1356· 5th Cir.· 1971-09-09 ·cited 4×
  The court held that a state prisoner must exhaust available state remedies, including perfecting an appeal to the state supreme court, before seeking federal habeas corpus relief.
• United States ex rel. William Irving v. Casscles
  448 F.2d 741· 2d Cir.· 1971-09-03 ·cited 4×
  The court held that a federal habeas corpus petition must be dismissed if any of the claims presented have not been exhausted in state courts, even if others have been.
• Wally Shelby v. Phend
  445 F.2d 1326· 7th Cir.· 1971-07-22 ·cited 4×
  The court held that comity does not preclude a remand for a hearing on all grounds for relief in a habeas corpus petition, even if not all issues were fully exhausted in state court, when one claim has significant merit.
• Albertson v. Johnson
  440 F.2d 1201· 6th Cir.· 1971-04-23 ·cited 4×
  A Michigan state prisoner must exhaust state court remedies, including a delayed appeal to the Michigan Supreme Court, before filing a federal habeas corpus action.
• United States ex rel. Anthony Russo v. The State OF NEW Jersey & the Principal Keeper of the State Prison at Trenton
  438 F.2d 1343· 3d Cir.· 1971-03-12 ·cited 4×
  The court affirmed the District Court's denial of habeas corpus, finding confessions voluntary and procedural requirements met. The court also remanded a new statutory challenge for exhaustion of state remedies.
• Perry v. Jones
  437 F.2d 758· 5th Cir.· 1971-01-05 ·cited 4×
  The court held that the petitioner has not exhausted state remedies, as the Texas appellate courts have not yet ruled on his allegations of error.
• Hoggatt v. Page
  432 F.2d 41· 10th Cir.· 1970-09-28 ·cited 4×
  The court affirmed the district court's denial of habeas corpus relief because the appellant failed to raise the issue of lack of counsel on appeal in the state courts and failed to exhaust state remedies.
• Lynwood O'Neal, Jr. v. Beto
  428 F.2d 1164· 5th Cir.· 1970-07-17 ·cited 4×
  The court held that a federal court need not remand a habeas corpus case to state court for exhaustion of remedies when the state appellate court has already decided the precise legal issue adversely to the petitioner.
• Buel v. Decker
  429 F.2d 1314· 5th Cir.· 1970-07-17 ·cited 4×
  The court held that the district court correctly denied habeas corpus relief for failure to exhaust state remedies.
• Parshay v. Buchkoe
  427 F.2d 978· 6th Cir.· 1970-06-26 ·cited 4×
  The court held that a defendant's acknowledgment of understanding his rights, coupled with a guilty plea, constitutes a knowing and intelligent waiver of counsel, even without an express waiver.
• Clarke v. Neil
  427 F.2d 1322· 6th Cir.· 1970-06-12 ·cited 4×
  The court held that the seizure of evidence was lawful because it was obtained with consent during a lawful search, and the defendant had no reasonable expectation of privacy.
• Daegele v. Crouse
  429 F.2d 503· 10th Cir.· 1970-06-10 ·cited 4×
  The court held that the petitioner had not exhausted state remedies because he had a direct appeal pending in the Kansas Supreme Court regarding his resentencing.
• Larson v. Swenson
  425 F.2d 1076· 8th Cir.· 1970-05-13 ·cited 4×
  The court held that a state prisoner must exhaust available state remedies before seeking federal habeas corpus relief.
• Webb Washington v. Beto
  424 F.2d 1035· 5th Cir.· 1970-04-24 ·cited 4×
  The court held that the district court's denial of habeas corpus relief was based on an inadequate factual basis and remanded for further proceedings.