Exhaustion Of State Remedies

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

• Lindsey v. Thigpen
  875 F.2d 1516· 11th Cir.· 1989-05-01 ·cited 2×
  The court denied the application for a certificate of probable cause to appeal the district court's denial of the habeas corpus petition.
• Parron v. Quick
  869 F.2d 87· 2d Cir.· 1989-02-21 ·cited 2×
  The court held that the petitioner's claim of ineffective assistance of counsel was not exhausted because the state appellate division likely affirmed on procedural grounds, not the merits of the underlying speedy trial claim.
• Smith v. Armontrout
  865 F.2d 1515· 8th Cir.· 1989-01-12 ·cited 2×
  The court granted stays of execution and recalled mandates, allowing Gerald Smith to pursue his habeas corpus remedies and appeals on the merits of his convictions.
• Henderson v. A.L. Lockhart
  864 F.2d 1447· 8th Cir.· 1989-01-10 ·cited 2×
  The court held that the district court properly granted the writ of habeas corpus, finding that Henderson was denied effective assistance of counsel in pursuing his appeal, and that the underlying issue had merit.
• Hicks v. Callahan
  859 F.2d 1054· 1st Cir.· 1988-10-20 ·cited 2×
  The court held that the district court erred in granting habeas corpus relief, as the Massachusetts felony-murder rule as applied at the time of petitioner's conviction was constitutional and supported by the evidence.
• Rudolph v. Parke
  856 F.2d 738· 6th Cir.· 1988-09-07 ·cited 2×
  The court held that the admission of three invalid prior convictions was harmless error because the petitioner had sufficient valid prior convictions to support his persistent felony offender status, and thus, habeas relief was not warranted.
• Brown v. Armontrout
  853 F.2d 624· 8th Cir.· 1988-08-10 ·cited 2×
  The court held that because state remedies are no longer available, the issue of exhaustion is moot, and the case should be remanded for the district court to address procedural default and the merits of the habeas claims.
• Hatcher v. Jackson
  853 F.2d 212· 3d Cir.· 1988-08-08 ·cited 2×
  The court held that the state trial court's determination that a juror's vote was unequivocal, despite her subsequent emotional breakdown, did not constitute a due process violation.
• Saldana v. The State OF NEW York
  850 F.2d 117· 2d Cir.· 1988-06-27 ·cited 2×
  The court held that the State's failure to allow the defendant to testify before the grand jury was harmless error under federal constitutional standards and that the defendant had not exhausted his state remedies.
• Guizar v. Estelle
  843 F.2d 371· 9th Cir.· 1988-03-31 ·cited 2×
  A federal court must dismiss a habeas corpus petition containing both exhausted and unexhausted claims, and cannot rule on the merits of any claim within such a petition.
• Jeffers v. Sargent
  842 F.2d 1008· 8th Cir.· 1988-03-22 ·cited 2×
  The court held that the petitioner has an available unexhausted state court remedy, and therefore, his federal habeas petition must be denied.
• Cuadra v. Sullivan
  837 F.2d 56· 2d Cir.· 1988-01-12 ·cited 2×
  The district court erred in summarily dismissing a habeas corpus petition on the merits without requiring a response from the state, as the petition contained arguable constitutional claims that were not frivolous.
• Wilson v. Foti
  832 F.2d 891· 5th Cir.· 1987-11-25 ·cited 2×
  A state prisoner challenging the fact or length of confinement must exhaust state remedies, including discretionary review by the state supreme court, before filing a federal habeas corpus petition.
• Breeze v. Trickey
  824 F.2d 653· 8th Cir.· 1987-07-27 ·cited 2×
  The court held that challenging an Indiana sentence in Missouri courts does not satisfy the exhaustion of state remedies requirement for federal habeas corpus petitions.
• Waldo E. Granberry v. Thieret
  823 F.2d 1212· 7th Cir.· 1987-07-20 ·cited 2×
  The court held that the petitioner's ex post facto claim was not colorable and affirmed the denial of his habeas corpus petition, declining to require further exhaustion of state remedies.
• Nichols v. E.P. Perini
  818 F.2d 554· 6th Cir.· 1987-05-12 ·cited 2×
  The court held that the state court's factual finding that the petitioner was aware of the maximum sentence was entitled to deference under 28 U.S.C. § 2254(d) and was not overcome by the evidence presented.
• Boggs v. Evitts
  818 F.2d 534· 6th Cir.· 1987-05-11 ·cited 2×
  The Sixth Circuit held that the petitioner failed to exhaust his state remedies regarding the constitutional challenge to the Kentucky Rule of Criminal Procedure, requiring dismissal of the habeas corpus petition.
• Al Mancuso v. Scully
  818 F.2d 1· 2d Cir.· 1987-04-30 ·cited 2×
  The court held that a federal habeas petition containing unexhausted claims must be dismissed entirely, even if other claims have been previously adjudicated.
• Cikora v. Wainwright
  661 F. Supp. 813· S.D. Fla.· 1987-04-07 ·cited 2×
  The Court held that the photographic lineup was not impermissibly suggestive and the identification was reliable under the totality of the circumstances, thus denying the petition for a writ of habeas corpus.
• Clark v. Honorable R.I. Prichard, III
  812 F.2d 991· 5th Cir.· 1987-03-23 ·cited 2×
  A probationer's challenge to a condition of probation must be brought as a habeas corpus action, not a section 1983 civil rights action, due to the blurred distinction between the fact and conditions of confinement.
• Johnson v. Moran
  812 F.2d 23· 1st Cir.· 1987-02-20 ·cited 2×
  The court held that the district court did not abuse its discretion in denying the request to retain jurisdiction pending exhaustion of state remedies.
• Algar Ferguson v. Judge James A. Knight
  809 F.2d 1239· 6th Cir.· 1987-01-27 ·cited 2×
  The court should not affirm the judgment because the majority improperly considered a prior conviction as evidence of guilt, which was not presented to or relied upon by state courts.
• Carillo v. Brown
  807 F.2d 1094· 1st Cir.· 1986-12-23 ·cited 2×
  The court held that the petitioner failed to exhaust his state remedies by presenting a new legal theory for the first time in federal court, and that the state courts' findings of waiver and res judicata were binding.
• Zeigler v. Louie L. Wainwright
  805 F.2d 1422· 11th Cir.· 1986-11-24 ·cited 2×
  The court held that it had jurisdiction and that the justice system failed to properly function, requiring remand for further proceedings.
• Harris v. Rees
  794 F.2d 1168· 6th Cir.· 1986-07-16 ·cited 2×
  The court held that denying an indigent defendant's statutory right to appeal solely because his family could afford trial counsel violates the Equal Protection Clause of the Fourteenth Amendment.
• Justine Justus Okot v. Callahan
  788 F.2d 631· 9th Cir.· 1986-04-29 ·cited 2×
  The court held that the district court erred in denying removal, and should have remanded the case to state court, but correctly dismissed the habeas petition.
• Gayle v. Scully
  779 F.2d 802· 2d Cir.· 1985-12-12 ·cited 2×
  The court held that the trial judge's excessive bias and intrusion deprived the defendant of a fair trial.
• Dukes v. A.L. Lockhart
  769 F.2d 504· 8th Cir.· 1985-08-06 ·cited 2×
  The court held that a federal district court must dismiss a state habeas petition containing both exhausted and unexhausted claims, and remanded for reconsideration in light of Rose v. Lundy.
• Zamora v. Wainwright
  610 F. Supp. 159· S.D. Fla.· 1985-05-30 ·cited 2×
  The court held that claims are exhausted for federal habeas relief if pursuing them in state court would be futile, even if not explicitly ruled upon by state courts.
• Diamond v. Wyrick
  757 F.2d 192· 8th Cir.· 1985-03-13 ·cited 2×
  The court held that the petitioners failed to exhaust their state remedies for their habeas corpus claims, requiring dismissal of their petitions.
• Alexander v. Johnson
  742 F.2d 117· 4th Cir.· 1984-08-17 ·cited 2×
  The court held that while the North Carolina restitution program for court-appointed counsel fees is facially constitutional, the appellant's claim of unconstitutional application must first be exhausted through state remedies, specifically habeas corpus.
• Jones v. Solem
  739 F.2d 329· 8th Cir.· 1984-07-12 ·cited 2×
  The court held that state court delay in ruling on a post-conviction motion, even when combined with potential parole eligibility before appeal resolution, does not constitute exceptional circumstances to excuse the federal habeas corpus exhaustion requirement.
• Romano v. Black
  735 F.2d 319· 8th Cir.· 1984-05-31 ·cited 2×
  The court held that the sentencing judge denied Romano due process by failing to consider alternatives to incarceration when revoking his probation.
• Resendez v. McKASKLE
  722 F.2d 227· 5th Cir.· 1984-01-12 ·cited 2×
  The court held that the district court erred in dismissing the habeas petition for failure to exhaust state remedies without indicating judicial notice of relevant briefs and erred in dismissing for abuse of the writ without affording the petitioner an opportunity to respond.
• Sherwood v. Honorable Wendell H. Tomkins
  716 F.2d 632· 9th Cir.· 1983-09-20 ·cited 2×
  The federal court dismissed the petition for a writ of habeas corpus because the petitioner failed to exhaust his state remedies, as his state appeal was still pending.
• Royal v. Wyrick
  694 F.2d 525· 8th Cir.· 1982-12-07 ·cited 2×
  The court affirmed the dismissal of Royal's claims without prejudice, but the concurring judge disagreed with the majority's reasoning on exhaustion of state remedies.
• Pappageorge v. Sumner
  688 F.2d 1294· 9th Cir.· 1982-09-29 ·cited 2×
  The petitioner has not exhausted his state remedies because his federal claim of ineffective assistance of counsel was materially broader than the claim presented to the state courts.
• Grady v. Crispus NIX
  688 F.2d 73· 8th Cir.· 1982-09-15 ·cited 2×
  The court held that the inmate's habeas corpus application must be denied because he failed to exhaust his state remedies.
• Ellison v. DE LA Rosa
  685 F.2d 959· 5th Cir.· 1982-09-13 ·cited 2×
  The court held that a section 1983 action against appointed counsel for ineffective assistance of counsel fails because such counsel does not act under color of state law.
• Lewis v. Duckworth
  680 F.2d 508· 7th Cir.· 1982-06-11 ·cited 2×
  The court held that the denial of a motion for a transcript and counsel was proper based on the defendant's fugitive status at the time of the denial, even if he was later returned to custody.
• Shriner v. Wainwright
  570 F. Supp. 766· N.D. Fla.· 1982-04-20 ·cited 2×
  The court denied the petition for a writ of habeas corpus and the application for a stay of execution, finding no constitutional violations in the petitioner's conviction or sentence.
• Artway v. Pallone
  672 F.2d 1168· 3d Cir.· 1982-02-17 ·cited 2×
  The federal district court properly dismissed the civil rights complaint, as federal courts are generally precluded from interfering with state criminal proceedings and the plaintiff's claims are primarily cognizable through federal habeas corpus after exhausting state remedies.
• Webster v. Frey
  665 F.2d 88· 6th Cir.· 1981-11-25 ·cited 2×
  A federal court should not entertain a habeas corpus petition alleging double jeopardy if the petitioner has not first presented the claim to the state courts.
• Stephen Kenneth MacKey # 040811 v. Gonzalez
  662 F.2d 712· 11th Cir.· 1981-11-23 ·cited 2×
  The court vacated the district court's dismissal order and remanded for clarification regarding the exhaustion of state remedies.
• Carroll Eugene Strader v. Allsbrook
  656 F.2d 67· 4th Cir.· 1981-08-05 ·cited 2×
  The court held that the inmate had not exhausted available state remedies by failing to seek review in the North Carolina Supreme Court.
• White v. Wyrick
  651 F.2d 597· 8th Cir.· 1981-06-17 ·cited 2×
  A federal court properly denied a habeas corpus petition where the petitioner failed to exhaust available state remedies for most of his claims.
• Sacco v. Falke
  649 F.2d 634· 8th Cir.· 1981-06-03 ·cited 2×
  The court affirmed the denial of habeas corpus, finding that the petitioner had not exhausted state remedies for the Ohio indictment and that claims regarding the detainer's effects were moot.
• Durham v. Wyrick
  665 F.2d 185· 8th Cir.· 1981-05-20 ·cited 2×
  The court held that the denial of habeas corpus relief on the grounds of using pardoned convictions and grand jury issues was appropriate, but remanded for consideration of the claim that prior convictions used for enhancement were uncounseled.
• Nasario D. Martinez, Jr. v. Romero
  640 F.2d 1151· 10th Cir.· 1981-02-09 ·cited 2×
  The court held that the district court must determine if the appellant has exhausted state remedies before proceeding with the habeas corpus petition.
• Dommer v. Crawford
  638 F.2d 1031· 7th Cir.· 1980-12-31 ·cited 2×
  The district court's order was an impermissible interference with state criminal law administration, as plaintiffs had an adequate remedy in state courts and failed to exhaust those remedies.