Exhaustion Of State Remedies

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

• Jenkins v. Kropp
  424 F.2d 665· 6th Cir.· 1970-04-15 ·cited 4×
  The court held that the district court erred by not examining the state court record or conducting an evidentiary hearing regarding claims of prejudicial publicity affecting the fairness of the trial.
• Taylor v. State OF Ariz.
  424 F.2d 271· 9th Cir.· 1970-03-31 ·cited 4×
  The court held that the district court erred in dismissing the habeas petition without a proper harmless error analysis and potentially without determining exhaustion of state remedies.
• Bosler v. Swenson
  423 F.2d 257· 8th Cir.· 1970-03-19 ·cited 4×
  The court held that federal habeas corpus relief was properly denied without prejudice because state remedies had not been exhausted, and the state court had since resolved the pending motion.
• Dempsey Edward Horn v. Beto
  423 F.2d 583· 5th Cir.· 1970-03-18 ·cited 4×
  The court held that the district court correctly denied the habeas corpus petition for failure to exhaust state remedies.
• Evans v. Ward Lane
  419 F.2d 1337· 7th Cir.· 1970-01-07 ·cited 4×
  The court held that the petitioner must first exhaust available state remedies under new post-conviction rules before seeking federal habeas corpus relief.
• United States ex rel. John Adams v. Pate
  418 F.2d 815· 7th Cir.· 1969-11-05 ·cited 4×
  The court held that if a state's highest court has ruled on a federal question on direct review, the petitioner is not required to present the same claim in a post-conviction proceeding.
• United States ex rel. Kenneth Headley v. Mancusi
  415 F.2d 277· 2d Cir.· 1969-09-12 ·cited 4×
  The court held that petitioners must seek relief in the state courts of New York regarding their Bruton claims.
• Webb v. Beto
  415 F.2d 433· 5th Cir.· 1969-08-21 ·cited 4×
  The court held that the appellant's confession was voluntary and admissible, and that the delay in arraignment did not vitiate the confession.
• United States ex rel. Dennis P. Kelly v. Maroney
  414 F.2d 1228· 3d Cir.· 1969-08-06 ·cited 4×
  The court held that while the district court's reasoning for dismissal was incorrect, the dismissal of the habeas corpus petition is affirmed because the underlying extradition claims would be rejected on the merits.
• Smith v. Peyton
  413 F.2d 760· 4th Cir.· 1969-07-29 ·cited 4×
  The court held that a state prisoner's habeas corpus petition should not have been dismissed without a hearing on all claims, particularly the Fourth Amendment search issue, as state remedies were exhausted and the facts required further development.
• Thacker v. Peyton
  419 F.2d 1377· 4th Cir.· 1969-07-25 ·cited 4×
  A federal court has habeas corpus jurisdiction to hear a challenge to fully served sentences that delay the service of subsequent sentences, even if immediate release is not warranted.
• Woolsey v. Beto
  412 F.2d 748· 5th Cir.· 1969-06-24 ·cited 4×
  The court held that the district court was required to dismiss the petition under Texas v. Payton, and the failure to notify the petitioner's chosen counsel was harmless error.
• United States ex rel. Robert Cash v. Brierley
  412 F.2d 296· 3d Cir.· 1969-06-19 ·cited 4×
  Federal intervention is not warranted when a state court has scheduled a hearing for a habeas corpus petition, even if there has been prior delay.
• Elkins v. Asa Kelley
  410 F.2d 734· 5th Cir.· 1969-04-07 ·cited 4×
  The court held that the federal district court should dismiss the habeas corpus petition without prejudice for failure to exhaust state remedies.
• State OF Ariz. v. Ernestine W. Hunt
  408 F.2d 1086· 6th Cir.· 1969-04-04 ·cited 4×
  The court held that Arizona's intervention to appeal the habeas corpus order was proper, and that the defendant, having voluntarily absented herself from trial, should exhaust her remedies in Arizona courts before seeking federal habeas relief.
• Waddell v. Louie L. Wainwright
  410 F.2d 736· 5th Cir.· 1969-04-03 ·cited 4×
  The court affirmed the denial of habeas corpus relief, allowing state courts to reconsider the case in light of Bruton v. United States.
• Woods v. The State OF Tex.
  404 F.2d 332· 5th Cir.· 1968-11-27 ·cited 4×
  The court affirmed the denial of the habeas corpus petition, finding no denial of federally-protected rights in the state proceedings.
• Dixon v. State
  403 F.2d 49· 5th Cir.· 1968-11-12 ·cited 4×
  The court held that the search warrant was valid and that the appellant's claims regarding its invalidity and admission into evidence lacked merit.
• United States ex rel. William Sanders v. Maroney
  397 F.2d 267· 3d Cir.· 1968-06-27 ·cited 4×
  The court held that a federal court must determine if state remedies are exhausted before dismissing a habeas corpus petition without a hearing, especially when allegations of coerced confession and involuntary plea are raised.
• Sanford v. Wingate White
  398 F.2d 479· 5th Cir.· 1968-06-27 ·cited 4×
  The court held that the district court erred in denying the habeas corpus petition without an evidentiary hearing, as the petitioner raised new grounds regarding ineffective assistance of appellate counsel.
• United States ex rel. Victor Gonzales v. Honorable Harold W. Follette
  397 F.2d 232· 2d Cir.· 1968-06-24 ·cited 4×
  The court held that the arresting officer had probable cause to arrest the appellant based on his own observations and the information provided by the co-conspirator. The court affirmed the denial of the writ on this issue but remanded for further consideration of other claims.
• United States ex rel. Frank Earl Senk v. Russell
  396 F.2d 445· 3d Cir.· 1968-06-06 ·cited 4×
  The court affirmed the denial of the habeas corpus petition because the appellant had not exhausted available state remedies.
• Grindstaff v. Bennett
  389 F.2d 55· 8th Cir.· 1968-02-05 ·cited 4×
  A federal court must grant an evidentiary hearing on a habeas corpus petition if the merits of the factual dispute were not resolved in the state hearing.
• United States ex rel. Joseph Miles Walker v. Young
  388 F.2d 675· 9th Cir.· 1968-01-26 ·cited 4×
  The federal habeas corpus proceeding is dismissed as premature because the appellant has not yet exhausted his state remedies, including the opportunity for a new trial and potential appeals.
• Haacks v. Louie L. Wainwright
  387 F.2d 176· 5th Cir.· 1968-01-03 ·cited 4×
  A conviction based on an involuntary plea, including one entered through ignorance or inadvertence, is invalid as a denial of due process.
• Giles v. State OF Ala.
  384 F.2d 383· 5th Cir.· 1967-10-26 ·cited 4×
  The court held that the district court erred in summarily dismissing the habeas corpus petition without providing a record of its consideration.
• Gobie v. Wainwright
  380 F.2d 57· 5th Cir.· 1967-07-06 ·cited 4×
  The court held that the appellant must exhaust state remedies before seeking federal habeas corpus relief on the ground that his guilty plea was wrongfully induced.
• Sheftic v. Otto C. Boles
  377 F.2d 423· 4th Cir.· 1967-05-04 ·cited 4×
  The court held that state prisoners who file habeas corpus petitions in the West Virginia Supreme Court of Appeals have exhausted their state remedies, even if they did not also file in a circuit court.
• Christiansen v. O'Connor
  378 F.2d 364· 9th Cir.· 1967-03-16 ·cited 4×
  The court held that the applicant had not exhausted his state remedies because his appeal from the criminal conviction was still pending.
• Sturm v. Wilson
  373 F.2d 548· 9th Cir.· 1967-02-21 ·cited 4×
  The court held that the appellant should be granted leave to amend his petition to specifically allege coercion regarding his statement.
• Pigg v. Patterson
  370 F.2d 101· 10th Cir.· 1966-12-16 ·cited 4×
  The court held that transferring a criminally insane individual to the state penitentiary for safekeeping does not violate due process, and that the individual has not exhausted state remedies for challenging his confinement.
• Naples v. Maxwell
  368 F.2d 219· 6th Cir.· 1966-11-04 ·cited 4×
  The court held that the district judge erred in denying the motion to vacate the prior order granting a writ of habeas corpus, due to excusable neglect by state counsel.
• Bussey v. Maxwell
  362 F.2d 973· 6th Cir.· 1966-07-06 ·cited 4×
  The court held that the petitioner must exhaust available state remedies before seeking federal habeas corpus relief.
• Dana v. Tracy
  360 F.2d 545· 1st Cir.· 1966-05-12 ·cited 4×
  The court held that exceptional circumstances warranted retaining jurisdiction to allow the petitioner a realistic opportunity to pursue state remedies, despite the imminent expiration of his sentence.
• Delevan Wesley Thomas v. Commonwealth OF Va.
  357 F.2d 87· 4th Cir.· 1966-02-11 ·cited 4×
  The court held that the case should be remanded to allow the petitioner an opportunity to amend his petition to raise a claim under Escobedo v. Illinois, as this issue was not presented or considered by the District Court.
• Barry v. Ward McTAGGART
  351 F.2d 944· 8th Cir.· 1965-11-05 ·cited 4×
  The application for a Certificate of Probable Cause is denied, and the appeal is dismissed because the petitioner has not exhausted state remedies and is not in custody under the contempt order.
• Lon O. Owsley v. Peyton
  352 F.2d 804· 4th Cir.· 1965-11-02 ·cited 4×
  The court held that the petitioner is entitled to a federal hearing, as the state's argument that a change in law necessitates a state hearing is without merit.
• Turner v. Crouse
  351 F.2d 935· 10th Cir.· 1965-10-25 ·cited 4×
  The court held that the appellant must first exhaust state remedies before a federal court can consider his habeas corpus petition regarding the waiver of counsel.
• Loftis v. Eyman
  350 F.2d 920· 9th Cir.· 1965-09-20 ·cited 4×
  The court held that the appellant's statements made during police interrogation were voluntary and not obtained in violation of his constitutional rights, as he was not denied counsel and no confession was involved.
• Pate v. Wilson
  348 F.2d 900· 9th Cir.· 1965-07-28 ·cited 4×
  A state prisoner must exhaust available state remedies before seeking federal habeas corpus relief, even if incarcerated in another state under a correctional compact.
• Moorer v. State OF S.C. & Ellis C. MacDougall
  347 F.2d 502· 4th Cir.· 1965-06-23 ·cited 4×
  The district judge erred in dismissing the habeas corpus petition without an evidentiary hearing or consideration of the state court record.
• LaFAVER v. Turner
  345 F.2d 519· 10th Cir.· 1965-05-03 ·cited 4×
  The federal court had the power to condition its grant of a habeas corpus writ and was not bound by Rule 60(b) after the state corrected the procedural defect.
• Landry v. Commonwealth OF Mass.
  336 F.2d 189· 1st Cir.· 1964-09-08 ·cited 4×
  The court held that an appeal from a state prisoner's habeas corpus petition dismissal cannot proceed without a certificate of probable cause.
• Sides v. Tinsley
  333 F.2d 1002· 10th Cir.· 1964-06-29 ·cited 4×
  The court held that the petitioner had not exhausted his state remedies, making the district court's denial of habeas corpus relief proper.
• The United States v. FAY
  332 F.2d 1020· 2d Cir.· 1964-06-09 ·cited 4×
  The court held that the petitioner's arrest was lawful, and therefore the evidence seized was admissible, even if the police failed to inform him of the reason for the arrest at the time.
• Townsend v. Bomar
  331 F.2d 19· 6th Cir.· 1964-04-27 ·cited 4×
  The court held that the district court erred in relying on letters not in evidence to deny a continuance claim and vacated the judgment.
• United States v. Barwick
  331 F.2d 597· 4th Cir.· 1964-04-27 ·cited 4×
  The court held that a petitioner who presented his claim to the state's highest court has exhausted state remedies, even if alternate procedures exist.
• Grover A. Giles and J. J. Ferrin v. Merrill
  322 F.2d 786· 10th Cir.· 1963-09-24 ·cited 4×
  The trial court lacked jurisdiction to grant a writ of habeas corpus because the petitioner had not exhausted available state court remedies.
• Jonnie Tune v. Cunningham
  319 F.2d 823· 4th Cir.· 1963-07-09 ·cited 4×
  The court held that the claim of inadequate counsel performance, not raised in state courts, should be presented there first.
• Bennie Doster v. Bannan
  318 F.2d 453· 6th Cir.· 1963-06-15 ·cited 4×
  The court held that the petitioner had not exhausted his state remedies, as a motion for a new trial in the state trial court was still available.