Exhaustion Of State Remedies

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

• Martin v. Solem
  801 F.2d 324· 8th Cir.· 1986-09-16 ·cited 26×
  The dissenting judge would affirm the district court's order granting the writ of habeas corpus, finding the probation revocation violated fundamental fairness principles.
• Ionatana Tamapua v. Edwin Shimoda & the Attorney Gen. of the State of Haw.
  796 F.2d 261· 9th Cir.· 1986-07-31 ·cited 26×
  A state prisoner's conviction violates due process if the evidence, viewed in the light most favorable to the prosecution, does not allow a rational trier of fact to find all essential elements of the crime beyond a reasonable doubt.
• Petrucelli v. Coombe
  735 F.2d 684· 2d Cir.· 1984-05-18 ·cited 26×
  The court held that the petitioner failed to exhaust state remedies for his constitutional collateral estoppel claim regarding the Moresco evidence, as it was not clearly presented as a federal constitutional issue to the state courts.
• Mitchell v. Wyrick
  727 F.2d 773· 8th Cir.· 1984-02-17 ·cited 26×
  A claim of ineffective assistance of counsel during state post-conviction proceedings is not cognizable under 28 U.S.C. § 2254, as habeas corpus reviews the detention itself, not collateral proceedings.
• Brown v. W.J. Estelle, Jr.
  701 F.2d 494· 5th Cir.· 1983-03-28 ·cited 26×
  The court held that a federal habeas corpus petitioner must exhaust state remedies by presenting the substance of their claim, including new factual evidence, to state courts before seeking federal relief.
• Lowery v. W.J. Estelle, Jr.
  696 F.2d 333· 5th Cir.· 1983-01-24 ·cited 26×
  The court concurred in the result but would not consider due process claims raised for the first time on appeal.
• Rock v. Coombe
  694 F.2d 908· 2d Cir.· 1982-12-02 ·cited 26×
  The court held that the jury instructions, despite containing a presumption of intent, were harmless beyond a reasonable doubt due to repeated emphasis on the state's burden of proof and the need to determine intent from all circumstances.
• Leleonia Evonne Caldwell v. Line
  679 F.2d 494· 5th Cir.· 1982-07-02 ·cited 26×
  The court held that a civil rights action challenging the validity of a state court conviction must be treated as a habeas corpus petition, requiring exhaustion of state remedies.
• Bradford v. Bronner
  665 F.2d 680· 5th Cir.· 1982-01-11 ·cited 26×
  The court held that Tomlin's claims were barred by res judicata, Smith's claims required exhaustion of state remedies, and Bradford's claims were properly dismissed due to performance and lack of reputational harm actionable under § 1983.
• Lehman v. Lycoming Cnty. Child's. Servs. Agency
  648 F.2d 135· 3d Cir.· 1981-03-31 ·cited 26×
  The district court erroneously dismissed the habeas corpus petition for lack of jurisdiction.
• Carter v. Jago
  637 F.2d 449· 6th Cir.· 1980-12-22 ·cited 26×
• Keenan v. Bennett
  613 F.2d 127· 5th Cir.· 1980-03-10 ·cited 26×
  A prisoner's claim challenging the revocation of good-time credits, even if framed as a due process violation under § 1983 and seeking damages, must be treated as a habeas corpus petition requiring exhaustion of state remedies.
• van Poyck v. Louie L. Wainwright
  595 F.2d 1083· 5th Cir.· 1979-05-24 ·cited 26×
  The court held that the petitioner's claim of factual incompetency to plead guilty was exhausted and raised a substantial issue requiring an evidentiary hearing, but his claim regarding the factual basis for the plea was unexhausted.
• Denver Witham v. Mabry
  596 F.2d 293· 8th Cir.· 1979-03-29 ·cited 26×
  The court held that statements made by a convicted individual to inmates were inadmissible hearsay because they were not sufficiently against his penal interest, and that trial counsel's decisions regarding venue and continuance did not constitute ineffective assistance.
• United States ex rel. Larry Johnson v. Vincent
  507 F.2d 1309· 2d Cir.· 1974-11-08 ·cited 26×
  The court held that the petitioner failed to exhaust state remedies because the federal constitutional claim was not fairly presented to the state courts.
• United States ex rel. Lonnie Leston Gibbs v. Zelker
  496 F.2d 991· 2d Cir.· 1974-04-23 ·cited 26×
  The court held that the petitioner has not exhausted state remedies because his federal constitutional claims were not fairly presented to the New York state courts.
• Rivera v. Louie L. Wainwright
  488 F.2d 275· 5th Cir.· 1974-01-17 ·cited 26×
  The court held that a state prisoner's failure to challenge jury selection procedures pre-trial, absent a showing of cause, constitutes a waiver of that claim, precluding federal habeas corpus relief.
• Nat Villiam Wright v. State OF N.C. & David Henry
  483 F.2d 405· 4th Cir.· 1973-08-02 ·cited 26×
  The court held that the Miranda warning given was constitutionally adequate and the petitioner's statement was voluntarily made, thus affirming the dismissal of his habeas petition.
• United States of Amercia ex rel. Emile A. Turner v. Rundle
  438 F.2d 839· 3d Cir.· 1971-01-26 ·cited 26×
  The court held that the relator's state remedies were exhausted regarding his Miranda claim and that he was not adequately advised of his right to free counsel. The court also found that a hearing was required to determine if the relator waived his rights under Kent v. United Sta
• Connor v. Picard
  434 F.2d 673· 1st Cir.· 1970-12-10 ·cited 26×
  The court held that substituting a defendant's true name for 'John Doe' on an indictment, without a grand jury finding probable cause against that specific individual, violates the Equal Protection Clause of the Fourteenth Amendment.
• Montos v. Smith
  406 F.2d 1243· 5th Cir.· 1969-02-03 ·cited 26×
  The court held that the appellant's contentions lacked merit and affirmed the district court's denial of the habeas corpus petition.
• United States ex rel. John Cunningham v. The Hon. Harold W. Follette
  397 F.2d 143· 2d Cir.· 1968-07-02 ·cited 26×
  The court held that the arrest was based on probable cause and the guilty plea was voluntary, affirming the denial of the habeas corpus petition.
• McNEIL v. State OF N.C. & Major William C. Brown
  368 F.2d 313· 4th Cir.· 1966-09-08 ·cited 26×
  The court held that the petitioner did not waive his constitutional right to a jury free from systematic exclusion of Negroes, as waiver requires an intentional relinquishment of a known right.
• Jones v. Crouse
  360 F.2d 157· 10th Cir.· 1966-04-19 ·cited 26×
  The court held that an inordinate delay in processing a state appeal may constitute a denial of due process, requiring a federal habeas hearing.
• Harlan Lynn Noble v. Sigler
  351 F.2d 673· 8th Cir.· 1965-11-08 ·cited 26×
  The court held that a state court's failure to sua sponte order a sanity hearing, even with awareness of a defendant's history of mental difficulty, does not violate due process if the defendant was represented by counsel and did not request such a hearing. Federal courts can det
• Evans v. Cunningham
  335 F.2d 491· 4th Cir.· 1964-08-06 ·cited 26×
  The court held that a state prisoner's habeas corpus petition need not be dismissed for failure to exhaust state remedies if the state courts have already authoritatively ruled on the identical substantive issue in a prior case, rendering further state court application futile.
• Harris v. Ellis
  204 F.2d 685· 5th Cir.· 1953-05-29 ·cited 26×
  The court held that an appeal from a state court detention habeas corpus proceeding cannot be taken without a certificate of probable cause.
• Brown v. Fauver
  819 F.2d 395· 3d Cir.· 1987-05-18 ·cited 25×
  The court held that the prisoner's claim for restoration of good-time credits is cognizable only under habeas corpus, not § 1983, and that he failed to exhaust state remedies. Furthermore, the prisoner lacks standing to seek prospective relief.
• Middleton v. Hoyt C. Cupp
  768 F.2d 1083· 9th Cir.· 1985-08-14 ·cited 25×
  The court held that the admission of polygraph testimony did not rise to a constitutional dimension, and the jury instruction issue was procedurally barred due to waiver under state law without sufficient cause.
• Millard Scudder v. Town OF Greendale
  704 F.2d 999· 7th Cir.· 1983-04-08 ·cited 25×
  The court held that a plaintiff failed to state a claim under 42 U.S.C. § 1983 when a zoning ordinance was applied in a reasoned manner, even if the plaintiff believed it was unconstitutional.
• Burns v. W.J. Estelle, Jr.
  695 F.2d 847· 5th Cir.· 1983-01-17 ·cited 25×
  A federal habeas petition containing both exhausted and unexhausted claims must be dismissed in its entirety to ensure total exhaustion of state remedies.
• Gulliver v. Dalsheim
  687 F.2d 655· 2d Cir.· 1982-09-09 ·cited 25×
  The court vacated the district court's order granting habeas corpus and remanded for further proceedings to determine if petitioner exhausted state remedies and properly raised his claims.
• Brown v. Estelle
  530 F.2d 1280· 5th Cir.· 1976-05-03 ·cited 25×
  Federal habeas corpus is not available to adjudicate a claim that indictments should be dismissed due to an alleged speedy trial violation prior to conviction, but is available to compel a trial if state remedies are exhausted.
• United States ex rel. John McGRATH v. LaVALLEE
  348 F.2d 373· 2d Cir.· 1965-07-14 ·cited 25×
  The court held that the guilty plea was voluntary and not the product of coercion, and that a new claim regarding sentencing based on an allegedly erroneous probation report was not yet ripe for federal adjudication due to failure to exhaust state remedies.
• Simmons v. Reynolds
  898 F.2d 865· 2d Cir.· 1990-03-12 ·cited 24×
  The court held that while a six-year delay in hearing an appeal violated due process rights, the subsequent affirmance of the conviction rendered release from custody inappropriate, and damages were the proper remedy for any remaining prejudice.
• Viens v. Daniels
  871 F.2d 1328· 7th Cir.· 1989-03-29 ·cited 24×
• Williams v. A.L. Lockhart
  849 F.2d 1134· 8th Cir.· 1988-06-24 ·cited 24×
  The district court erred in denying the habeas petition without an evidentiary hearing, as there were disputed material facts regarding ineffective assistance of counsel and the state court failed to provide a full and fair hearing.
• Burr v. State
  518 So. 2d 903· Fla.· 1987-12-10 ·cited 24×
  A rule 3.850 post-conviction motion is timely if filed within two years after the United States Supreme Court's denial of certiorari, rather than two years after the state supreme court's final judgment. Although Burr's motion was timely filed, it lacked merit because most issues
• Gibson v. Scheidemantel
  805 F.2d 135· 3d Cir.· 1986-11-17 ·cited 24×
  The court held that a federal habeas corpus petition containing unexhausted claims must be dismissed, and that the petitioner had not demonstrated futility in pursuing state remedies for his claims.
• Purnell v. Mo. Dep't OF Corr.
  753 F.2d 703· 8th Cir.· 1985-02-01 ·cited 24×
  The court should affirm the district court's dismissal for failure to exhaust state remedies, as the state's concession of exhaustion was based on a mistake and thus ineffective.
• Meeks v. Bergen
  749 F.2d 322· 6th Cir.· 1984-11-27 ·cited 24×
  The court held that the petitioner was denied effective assistance of counsel under the Sixth Amendment due to counsel's failure to investigate and present available witnesses and evidence, including the battered spouse syndrome defense.
• Code v. Montgomery
  725 F.2d 1316· 11th Cir.· 1984-02-27 ·cited 24×
  The court held that the in-court identification was not impermissibly suggestive, but remanded the ineffective assistance of counsel claim for an evidentiary hearing due to unresolved factual issues.
• United States ex rel. v. J.W. Fairman
  707 F.2d 936· 7th Cir.· 1983-05-09 ·cited 24×
  The court affirmed the denial of habeas corpus, holding that the petitioner failed to exhaust his state remedies by not raising his Sixth Amendment claim in state court, and alternatively, that any error in excluding the witness's prior inconsistent statement was harmless.
• Jones v. W.J. Estelle, Jr.
  692 F.2d 380· 5th Cir.· 1982-11-29 ·cited 24×
  The court held that a petitioner must be given specific notice of a potential summary judgment and an opportunity to respond with factual support, but that the magistrate's show cause order satisfied these requirements in this case.
• Jackson v. Hoyt C. Cupp
  693 F.2d 867· 9th Cir.· 1982-11-29 ·cited 24×
  The state cannot concede exhaustion of remedies in federal habeas corpus proceedings; a prisoner's deliberate bypass of state remedies precludes federal review.
• Moorish Sci. Temple OF Am., Inc. v. Smith
  693 F.2d 987· 2d Cir.· 1982-11-26 ·cited 24×
  The court held that while some of petitioner's claims were unexhausted habeas corpus claims, his claims regarding denial of a Muslim diet and segregation without a hearing were cognizable under 42 U.S.C. § 1983 and should not have been dismissed sua sponte.
• Butler v. Rose
  686 F.2d 1163· 6th Cir.· 1982-08-13 ·cited 24×
  The court should have found that prosecutorial statements commenting on the defendant's failure to testify were impermissible.
• Brown v. Cuyler
  669 F.2d 155· 3d Cir.· 1982-01-29 ·cited 24×
  The court held that the petitioner failed to exhaust state remedies by not fairly presenting the Miranda waiver issue to the state courts.
• Seymour Styers v. Smith
  659 F.2d 293· 2d Cir.· 1981-09-10 ·cited 24×
  The court held that the identification procedures used were impermissibly suggestive and the resulting identifications were insufficiently reliable, mandating suppression of the in-court identification testimony.
• Drake v. Wyrick
  640 F.2d 912· 8th Cir.· 1981-02-18 ·cited 24×
  The court affirmed the district court's denial of habeas corpus relief, finding that the petitioner's claims of newly discovered evidence, ineffective assistance of counsel, and a chilled right to testify were without merit or unexhausted.