Exhaustion Of State Remedies

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

• Siwakowski v. Beto
  455 F.2d 915· 5th Cir.· 1972-02-04 ·cited 2×
  The court held that the district court did not err in denying habeas corpus relief, as the appellant's claims of constitutional violations were without merit.
• Hayward v. Louie L. Wainwright
  454 F.2d 733· 5th Cir.· 1972-01-18 ·cited 2×
  The court held that defects in criminal informations not objected to before trial do not invalidate convictions and cannot be raised post-verdict.
• Terry v. Superintendent OF Field Unit #9
  454 F.2d 591· 4th Cir.· 1972-01-10 ·cited 2×
  The court held that the increased sentence imposed by a jury after a trial de novo, without stated reasons, violates North Carolina v. Pearce.
• United States ex rel. Eugene H. Kidd v. Commonwealth OF Pa. & Dist. Attorney of Philadelphia Cnty.
  453 F.2d 247· 3d Cir.· 1971-12-29 ·cited 2×
  The court held that the prisoner's claims of incompetent counsel and an invalid guilty plea lacked merit, and affirmed the denial of habeas corpus relief.
• Luallen v. Neil
  453 F.2d 428· 6th Cir.· 1971-12-29 ·cited 2×
  The court held that the admission of evidence of the petitioner's silence in the face of accusations and the denial of his right to counsel were constitutionally permissible at the time of his 1950 trial, as subsequent Supreme Court rulings were not retroactive.
• Williams v. Judge Jerome Chamberlain
  452 F.2d 607· 5th Cir.· 1971-12-10 ·cited 2×
  The court held that all contentions raised by the appellant are matters for appeal within the Texas state court system.
• Wade v. State OF Cal.
  450 F.2d 726· 9th Cir.· 1971-10-04 ·cited 2×
  A guilty plea, even if motivated by a coerced confession, is not invalid if the defendant received competent counsel and the plea itself was voluntary and intelligent under the law existing at the time.
• Simmons v. Louie L. Wainwright
  450 F.2d 921· 5th Cir.· 1971-09-30 ·cited 2×
  The court held that the district court correctly denied the petition for a writ of habeas corpus, affirming the denial.
• Cornist v. Richland Parish Sch. Bd.
  448 F.2d 594· 5th Cir.· 1971-09-17 ·cited 2×
  A plaintiff alleging a violation of civil rights under 42 U.S.C. § 1983 does not need to exhaust state court remedies before prosecuting an action in federal court.
• Mead v. Meier
  448 F.2d 1267· 9th Cir.· 1971-08-23 ·cited 2×
  A state prisoner who has presented his ineffective assistance of counsel claim to the highest state court on direct appeal has exhausted his state remedies for federal habeas corpus purposes.
• Wilwording v. Swenson
  446 F.2d 553· 8th Cir.· 1971-08-02 ·cited 2×
  The court held that a prior denial of a habeas corpus petition on the merits is controlling if the same ground is presented and the ends of justice would not be served by reaching the merits again.
• Harris v. Cardwell
  447 F.2d 1339· 6th Cir.· 1971-07-29 ·cited 2×
• United States ex rel. Dewayne Massey v. Kennedy
  446 F.2d 1388· 5th Cir.· 1971-07-13 ·cited 2×
  The court held that a federal habeas corpus petition is premature when state proceedings, specifically a penalty phase retrial, have not been completed, especially when the petitioner's actions have caused the delay.
• Chiaie v. Picard
  445 F.2d 804· 1st Cir.· 1971-06-23 ·cited 2×
  The court held that the defendant had not exhausted state remedies and that the Commonwealth should be allowed to provide an evidentiary hearing in its own courts.
• Reynolds v. Rodriguez
  444 F.2d 94· 10th Cir.· 1971-06-14 ·cited 2×
  The court held that neither the prosecutor's conduct nor the petitioner's counsel's failure to object entitled him to federal habeas corpus relief.
• Nielson v. Beto
  444 F.2d 517· 5th Cir.· 1971-05-06 ·cited 2×
  The court held that the case must be remanded for findings of fact and conclusions of law regarding the exhaustion of state remedies on additional grounds raised by the petitioner.
• Fretwell v. Louie L. Wainwright
  246 So. 2d 132· Fla. 4th DCA· 1971-03-26 ·cited 2×
  Milton Fretwell, an indigent defendant convicted of robbery and sentenced to 40 years, was denied his right to appeal when court-appointed counsel withdrew claiming the appeal was frivolous without following the procedural safeguards required by Anders v. California. The court gr
• Jones v. Vineyard
  438 F.2d 1231· 5th Cir.· 1971-03-03 ·cited 2×
  The court held that the district court correctly denied habeas corpus relief because the appellant failed to exhaust available state remedies.
• Flanagan v. Beto
  437 F.2d 895· 5th Cir.· 1971-01-25 ·cited 2×
  Federal habeas courts do not review state court evidentiary rulings unless a constitutional right was violated.
• Denney v. State OF Kan.
  436 F.2d 587· 10th Cir.· 1971-01-14 ·cited 2×
  The court held that a federal habeas corpus petition was properly denied for failure to exhaust available state remedies, even when the prisoner claims relief under the Civil Rights Act.
• Johnson v. Beto
  436 F.2d 1063· 5th Cir.· 1971-01-05 ·cited 2×
  The court held that the federal district court judgment denying habeas corpus relief should be affirmed because the appellant failed to exhaust his state remedies.
• In re Osborn v. Russell
  434 F.2d 650· 3d Cir.· 1970-12-03 ·cited 2×
  The court held that the relator had exhausted state remedies on direct appeal, satisfying the exhaustion requirement for federal habeas corpus petitions.
• Mistkot v. Wade
  433 F.2d 1056· 5th Cir.· 1970-11-06 ·cited 2×
  The court held that the federal district court correctly dismissed the pro se application to enjoin state court proceedings, as federal intervention was inappropriate under the circumstances and statutory limitations.
• Moore v. Dutton
  432 F.2d 1281· 5th Cir.· 1970-10-22 ·cited 2×
  The court held that while the state courts provided sufficient hearings on the coerced confession and deprivation of counsel claims, a further federal evidentiary hearing was necessary on the discriminatory jury selection issue and the retroactivity of Witherspoon v. Illinois.
• United States ex rel. David Barber v. Commonwealth OF Pa.
  429 F.2d 518· 3d Cir.· 1970-07-27 ·cited 2×
  The court held that the appellant's claims were either procedurally barred or moot due to his own actions, and affirmed the lower court's decision.
• United States ex rel. Frances Carter v. York
  430 F.2d 1329· 2d Cir.· 1970-07-24 ·cited 2×
  The court reversed the district court's order admitting the state prisoner to bail pending her appeal.
• Bolton v. Kropp
  428 F.2d 1166· 6th Cir.· 1970-07-16 ·cited 2×
  The court held that the district court erred in denying the habeas corpus petition without a hearing, as the appellant's allegations of psychological coercion raised factual issues requiring further inquiry.
• Martinez v. Craven
  429 F.2d 18· 9th Cir.· 1970-07-01 ·cited 2×
  The court held that the district court should defer action on the habeas petition to allow the petitioner to present a newly decided issue to the state courts.
• Jones v. Craven
  428 F.2d 478· 9th Cir.· 1970-06-23 ·cited 2×
  A state prisoner must exhaust available state remedies before seeking federal habeas corpus relief.
• Watmuff v. Perini
  427 F.2d 527· 6th Cir.· 1970-06-09 ·cited 2×
  The court held that a late return of process does not entitle a petitioner to default judgment in a habeas corpus case, and the petition failed to state a claim.
• Lindsey v. Craven
  427 F.2d 153· 9th Cir.· 1970-05-25 ·cited 2×
  The court held that the petitioner had not exhausted his state remedies because the specific procedural issue regarding Jackson v. Denno was not raised in prior state court proceedings.
• Emmet Earl Burns v. Wingo
  426 F.2d 227· 6th Cir.· 1970-05-14 ·cited 2×
  The court held that the appellant had exhausted his state remedies by raising the factual issue of the voluntariness of his guilty plea before the state courts.
• Readus R. Shepard v. Louie L. Wainwright
  424 F.2d 535· 5th Cir.· 1970-04-09 ·cited 2×
• Leftwich v. Ira M. Coiner
  424 F.2d 157· 4th Cir.· 1970-04-01 ·cited 2×
  Original habeas corpus petitions filed in the West Virginia Supreme Court of Appeals satisfy the exhaustion requirement of 28 U.S.C. § 2254, even after statutory amendments.
• Kiney Joseph Davis v. Beto
  423 F.2d 633· 5th Cir.· 1970-03-30 ·cited 2×
  The court held that the Jackson v. Denno issue must be remanded for determination of state remedy exhaustion, while other claims were without merit.
• Morris v. Wingo
  421 F.2d 651· 6th Cir.· 1970-01-29 ·cited 2×
• Love v. Perini
  418 F.2d 905· 6th Cir.· 1969-12-11 ·cited 2×
  The court held that the appellant has not exhausted his available state remedies for his habeas corpus claims.
• Welton Vanhook v. Craven
  419 F.2d 1295· 9th Cir.· 1969-11-14 ·cited 2×
  The court held that subsequent Supreme Court decisions may warrant redetermination of claims previously rejected, and that the district court erred in not considering the merits of the Anders claim without the state court record.
• Reed v. Duter
  416 F.2d 744· 7th Cir.· 1969-09-18 ·cited 2×
  A state cannot deny an indigent juvenile the right to effective review of commitment proceedings, even if state remedies are not technically exhausted, if those remedies are procedurally ineffective.
• Fritzberg v. State
  416 F.2d 917· 5th Cir.· 1969-09-17 ·cited 2×
  The court held that the petitioner's sentence was not in excess of the statutory maximum and that he was not denied due process, as his case did not require a separate hearing like that in Specht v. Patterson.
• Bennie Earnest Wilson v. Beto
  415 F.2d 774· 5th Cir.· 1969-08-19 ·cited 2×
• Duke v. Wingo
  415 F.2d 243· 6th Cir.· 1969-08-13 ·cited 2×
  The dissenting judge would have granted the writ, arguing the District Court erred in deferring to state court findings on indigency without an evidentiary hearing.
• United States ex rel. Andrew Green v. Pate
  411 F.2d 884· 7th Cir.· 1969-06-04 ·cited 2×
  A state court's rule setting a time limit for appeals, even if it results in a guilty plea defendant not being advised of appeal rights, does not violate due process or equal protection if it does not discriminate based on poverty.
• State OF La. ex rel. James Gwin v. Hayden J. Dees
  410 F.2d 321· 5th Cir.· 1969-04-25 ·cited 2×
  The court held that a habeas corpus petition is without merit when the petitioner's guilty plea was voluntary, despite an erroneous statement of the maximum sentence by the trial judge and prosecutor, because the petitioner was represented by experienced counsel and did not objec
• Frazier v. Langlois
  412 F.2d 766· 1st Cir.· 1969-03-20 ·cited 2×
  The court held that the petitioner had not exhausted his state court remedies for the issues raised in his habeas corpus petition.
• Anderson v. Haskins
  407 F.2d 399· 6th Cir.· 1969-02-24 ·cited 2×
  The court held that a state prisoner seeking federal habeas corpus relief must first exhaust available state remedies, and that the petitioner failed to do so.
• United States ex rel. Edward A. Anderson v. Pate
  404 F.2d 21· 7th Cir.· 1968-12-06 ·cited 2×
  The court held that the district court properly dismissed the habeas petition at the time it was filed because the petitioner had not yet exhausted state remedies.
• Morris v. Louie L. Wainwright
  404 F.2d 74· 5th Cir.· 1968-12-02 ·cited 2×
  Federal courts should not consider the merits of a habeas corpus petition until available state remedies are exhausted.
• Crosby v. Lamont Smith
  404 F.2d 876· 5th Cir.· 1968-11-27 ·cited 2×
  The court held that the petitioner failed to exhaust available state remedies regarding his first conviction.
• Wilson v. Blabon
  402 F.2d 963· 9th Cir.· 1968-11-07 ·cited 2×
  A subsequent civil commitment is unconstitutionally invalid if the prerequisite criminal conviction is invalid due to a federal constitutional defect, such as the deprivation of the right to counsel.