Exhaustion Of State Remedies

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

• Cary R. Ortberg v. Russel Moody
  961 F.2d 135· 9th Cir.· 1992-04-03
  A request for a Certificate of Probable Cause can serve as a notice of appeal, and a nolo contendere plea bars challenges to pre-plea constitutional violations not related to the plea's voluntariness.
• Dulin v. Cook
  957 F.2d 758· 10th Cir.· 1992-02-18
  The court held that a prisoner's claim of lack of access to state appellate rules due to incarceration in another state may constitute 'cause' for procedural default, requiring further factual inquiry.
• Acosta-Huerta v. Estelle
  954 F.2d 581· 9th Cir.· 1992-01-23
  The court held that the petitioner's Sixth Amendment right to confrontation was not violated by the admission of a witness's prior sworn deposition testimony, as the prosecution made a good-faith effort to secure the witness's attendance and she was properly declared unavailable.
• Stano v. Singletary
  952 F.2d 1273· 11th Cir.· 1992-01-22
  The Eleventh Circuit granted Stano's motion to remand his habeas corpus petition to allow him to amend it with a newly discovered conflict of interest claim regarding his trial counsel, following the Florida Supreme Court's ruling in Herring v. State that such defendants are enti
• Wilson v. A.L. Lockhart
  949 F.2d 1051· 8th Cir.· 1991-11-27
  The court held that a prisoner challenging parole eligibility must pursue federal habeas corpus and exhaust state remedies, even if state law does not recognize habeas corpus for this purpose.
• Whatley v. Morrison
  947 F.2d 869· 8th Cir.· 1991-10-25
  A state prisoner must exhaust state remedies before seeking federal habeas relief for an out-of-state detainer, but such dismissal should be without prejudice.
• Keegan v. Lawrence
  778 F. Supp. 523· S.D. Fla.· 1991-10-24
  The court held that a federal court should not intervene in a state civil contempt matter that is actively pending before the state court, especially when the state court is best positioned to assess the evidence and credibility of the contemnor.
• Harmon v. Ryan
  944 F.2d 465· 9th Cir.· 1991-09-20
  The court held that the district court erred in sua sponte dismissing the habeas petition for failure to exhaust state remedies, as it was not clear from the face of the petition that state remedies were unexhausted.
• Sterling Dickens v. Armontrout
  944 F.2d 461· 8th Cir.· 1991-09-20
  The court held that the district court should have accepted the state's waiver of the exhaustion of remedies defense, even though the petitioner had not filed a state habeas petition under Rule 91.
• Daniels v. Jones
  944 F.2d 429· 8th Cir.· 1991-09-11
  The court held that the appellant had procedurally defaulted on claims that could have been raised in state court and were not, and that no state remedies remained available to him.
• Whitehead v. Senkowski
  943 F.2d 230· 2d Cir.· 1991-08-29
  A federal court should not grant a writ of habeas corpus to a state prisoner claiming immunity from prosecution as a federal agent when there are disputed facts regarding the authorization and necessity of the acts, and no peculiar urgency or evidence of state interference with f
• McDOUGALD v. A.L. Lockhart
  942 F.2d 508· 8th Cir.· 1991-08-19
  The district court erred in granting the writ of habeas corpus because the petitioner failed to fairly present his claim to the state courts, and he could not demonstrate sufficient cause and prejudice to excuse this failure.
• Brewer v. Dahlberg
  942 F.2d 328· 6th Cir.· 1991-08-13
  The court held that the petitioner failed to exhaust state remedies because mandamus was not an appropriate remedy due to the absence of a clearly established statutory or common law duty to provide supplemental explanatory notice of parole conditions to a parolee serving concurr
• Dickerson v. Guste
  932 F.2d 1142· 5th Cir.· 1991-06-11
  The court held that the time spent in federal prison under a state detainer does not count towards the speedy trial period, and denial of motions for a new trial and an investigator did not violate constitutional rights.
• Johnson v. Lewis
  929 F.2d 460· 9th Cir.· 1991-03-22
  The court held that the petitioner was not procedurally barred from seeking collateral review of his federal constitutional claim under Arizona law because the record did not show he knowingly, voluntarily, and intelligently waived the claim, and he had not previously litigated i
• Campbell v. Blodgett
  927 F.2d 444· 9th Cir.· 1991-02-27
  The court held that it would defer ruling on the federal habeas corpus petition until the Washington Supreme Court ruled on related issues to avoid piecemeal litigation.
• Cyril Athana Kolocotronis v. Holcomb
  925 F.2d 278· 8th Cir.· 1991-02-15
  The court held that the petitioner sufficiently alleged exhaustion of state remedies as a matter of pleading, and a dismissal without prejudice is a final order for appellate review.
• Bianchi v. Blodgett
  925 F.2d 305· 9th Cir.· 1991-01-31
  The court held that a federal habeas corpus petition must challenge the judgment of a single state court, and a petitioner cannot challenge judgments from two different states in a single petition, even if based on an interjurisdictional plea agreement.
• Ivey v. Myers
  919 F.2d 1074· 5th Cir.· 1990-12-28
  A petitioner satisfies the exhaustion requirement for federal habeas corpus if they have fairly presented their claims to the state's highest court, even if that presentation was via a petition for discretionary review after an intermediate appellate court ruled on the merits.
• Thomas v. Collins
  919 F.2d 333· 5th Cir.· 1990-12-17
  The court held that the federal habeas petition must be dismissed for failure to exhaust state remedies because the petitioner raised new, combined arguments for the first time before the federal magistrate.
• Roman v. Estelle
  917 F.2d 1505· 9th Cir.· 1990-10-29
  The court held that a petition for review to the California Supreme Court, even without comment, constitutes a fair presentation of claims for exhaustion purposes. The district court erred in dismissing the entire habeas petition.
• Abdul-Hakeem v. Koehler
  910 F.2d 66· 2d Cir.· 1990-08-01
  The court held that a prisoner's petition seeking a transfer of custody, even if framed as a challenge to conditions of confinement, must be treated as a petition for a writ of habeas corpus if the requested relief would require prison officials to cede custody.
• George v. Seabold
  909 F.2d 157· 6th Cir.· 1990-07-20
  The court held that the district court erred in granting the writ because the petitioner failed to exhaust his state remedies regarding his due process claim about his sentence. The issue should be decided by Kentucky state courts first.
• Quinn v. The State OF Mo.
  891 F.2d 190· 8th Cir.· 1990-01-08
• Williams v. A.L. Lockhart
  893 F.2d 191· 8th Cir.· 1990-01-05
  The court held that the district court misread the appellant's state post-conviction relief petition, which did challenge the conviction for which he was incarcerated, thus he had exhausted state remedies.
• Fullan v. Comm'r OF Corr. OF the State OF NEW York & the Justices of the App. Div.
  891 F.2d 1007· 2d Cir.· 1989-12-12
  The dissenting judge holds that the petitioner's custody is not in violation of federal law and that he has not exhausted state remedies, thus federal habeas jurisdiction is improper.
• Sheppard v. State OF La. Bd. OF Parole
  873 F.2d 761· 5th Cir.· 1989-04-27
  The court held that a prisoner's civil rights claims challenging parole supervision fees as an ex post facto violation should not be dismissed prematurely and may require a stay or dismissal without prejudice pending habeas corpus exhaustion.
• Mulero v. Lefevre
  873 F.2d 534· 2d Cir.· 1989-04-10
  The court held that while the district court did not err in dismissing the petition on the merits, the case should be remanded in the interests of justice to allow appointed counsel to brief the merits of the habeas petition.
• McGANN v. The State OF NEW York
  870 F.2d 908· 2d Cir.· 1989-03-23
  The court held that the habeas corpus petition should be dismissed without prejudice for failure to exhaust state remedies, as the appellant had initiated a state court appeal after filing the federal petition.
• Huston v. Jones
  863 F.2d 30· 8th Cir.· 1988-12-15
  The court held that the appellant's third habeas corpus petition did not constitute an abuse of the writ, but that his claims of involuntariness were belied by the plea transcript.
• Nottlemann v. Welding
  861 F.2d 1087· 8th Cir.· 1988-11-23
  The court held that federal courts must dismiss habeas corpus actions when a petitioner has failed to exhaust state remedies.
• Laurence Hurd v. Eloy Mondragon
  851 F.2d 324· 10th Cir.· 1988-07-07
  The court held that the district court did not err in denying the motion to withdraw the habeas petition and in dismissing the petition with prejudice, as the withdrawal motion was untimely and addressed to the court's discretion.
• Sanford J. Margulis v. State BAR OF Cal.
  845 F.2d 215· 9th Cir.· 1988-04-25
  The court held that the plaintiff's failure to petition the California Supreme Court for review of the Committee of Bar Examiners' refusal to certify him means no cognizable federal rights were deprived.
• Kelly v. Trickey
  844 F.2d 557· 8th Cir.· 1988-04-14
  The court held that the petitioner failed to exhaust state remedies because his federal constitutional claim was not fairly presented to the state courts, and affirmed the denial of his habeas corpus petition.
• Kearns v. C.A. Turner
  837 F.2d 336· 8th Cir.· 1988-01-21
  The court affirmed the dismissal of the habeas corpus petition, finding that the prisoner's claims were either moot or required exhaustion of state remedies.
• Hasan Tashin Agtas v. Hard Whitley
  836 F.2d 1233· 9th Cir.· 1988-01-14
  The court held that the district court correctly dismissed the habeas corpus petition, finding no denial of effective assistance of counsel, a knowing and voluntary guilty plea, and no entitlement to an evidentiary hearing.
• Gartrell v. Lynaugh
  833 F.2d 527· 5th Cir.· 1987-12-07
  The court held that the petitioner had fairly presented his claims to the state courts, satisfying the exhaustion requirement for federal habeas corpus relief.
• Irwin v. State OF Minn.
  829 F.2d 690· 8th Cir.· 1987-09-29
  The court held that a claim of ineffective assistance of appellate counsel is an exception to the exhaustion requirement for federal habeas corpus petitions.
• Wilson v. Jones
  827 F.2d 716· 11th Cir.· 1987-09-15
  The court held that the appellant had properly exhausted state remedies, and therefore the district court's dismissal of his habeas corpus petition should be reversed.
• Todden v. Auger
  814 F.2d 528· 8th Cir.· 1987-03-23
  The court affirmed the denial of the habeas corpus petition, agreeing with the district court's reasoning on both the Brady and ineffective assistance of counsel claims.
• Garrett v. O.L. McCOTTER
  807 F.2d 482· 5th Cir.· 1987-01-13
  The Court held that the bribery indictments were fundamentally defective because they failed to allege an essential element of the offense under the current statute, thus depriving the convicting court of jurisdiction.
• Oliver v. Louie L. Wainwright and Jim Smith
  805 F.2d 371· 11th Cir.· 1986-12-03
• Cohen v. Tate
  779 F.2d 1181· 6th Cir.· 1985-12-30
  The Sixth Circuit held that the district court erred in summarily dismissing the petitioner's claim regarding the missing transcript, remanding for further proceedings to determine if alternative means exist to address the voluntariness of the plea and ineffective assistance of c
• Borning v. L.J. Hymel
  764 F.2d 1041· 5th Cir.· 1985-06-19
  A district court's certification that an appeal is not taken in good faith prevents it from granting leave to proceed in forma pauperis.
• Cousart v. Hammock
  745 F.2d 776· 2d Cir.· 1984-09-28
  The court affirmed the denial of the habeas corpus petition, finding that some claims were meritless and others were procedurally defaulted.
• Dixon v. Alexander
  741 F.2d 121· 6th Cir.· 1984-08-21
  The court held that the district court properly dismissed the federal habeas corpus claim for failure to exhaust state remedies and the § 1983 claim as it was subsumed by the habeas claim.
• Arango v. Louie L. Wainwright
  739 F.2d 529· 11th Cir.· 1984-07-31
  The court clarified that its prior decision vacating a habeas corpus denial and remanding did not create precedent for delaying tactics or authorize federal stays of execution.
• Doyle Dee Jones v. Parke
  734 F.2d 1142· 6th Cir.· 1984-05-10
  The court held that the record did not adequately develop facts to determine if the guilty plea was knowingly and intelligently made, requiring further proceedings.
• Oil Res., Inc. v. Florida
  583 F. Supp. 1027· S.D. Fla.· 1984-04-06
  The court held that it lacked subject matter jurisdiction because the plaintiffs failed to present a genuine federal question.
• Vazquez v. Scully
  730 F.2d 868· 2d Cir.· 1984-03-13
  The court held that the petitioner had not fairly presented his federal claims to the state courts, thus failing to exhaust available state remedies.