Habeas Corpus Petition

4,117 Florida cases classified under this topic, plus 4,089 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Hafley v. Sowders
  902 F.2d 480· 6th Cir.· 1990-05-15 ·cited 2×
  The court held that one claim was exhausted and meritorious, while the remaining six ineffective assistance of counsel claims were unexhausted. The court affirmed dismissal of unexhausted claims and dismissal of the exhausted claim on its merits.
• Harriman v. Lynn
  901 F.2d 64· 5th Cir.· 1990-05-15 ·cited 2×·via Application For Writ Of Habeas Corpus
  The court held that the Supreme Court's decision in Arizona v. Roberson, which prohibited further interrogation after a suspect invokes the right to counsel, announced a "new rule" and therefore does not apply retroactively to cases on collateral review where the conviction was f
• Capps v. Collins
  900 F.2d 58· 5th Cir.· 1990-05-04 ·cited 2×
  The court held that the evidence was sufficient to support the conviction, the exclusion of irrelevant evidence did not violate the right to confrontation, and counsel was not ineffective for failing to introduce inadmissible evidence.
• Epps v. State of Iowa
  901 F.2d 1481· 8th Cir.· 1990-05-02 ·cited 2×
  The court affirmed the denial of the habeas petition, finding no constitutional violation regarding the change of venue and no ineffective assistance of counsel.
• Winford Stokes v. Armontrout
  901 F.2d 1460· 8th Cir.· 1990-04-24 ·cited 2×
• Collins v. State
  559 So. 2d 1276· Fla. 2d DCA· 1990-04-18 ·cited 2×·via Writ Of Habeas Corpus
  Eddie Collins sought habeas corpus relief as a pretrial detainee challenging the adequacy of his court-appointed counsel. The Florida appellate court dismissed his appeal, holding that habeas corpus is not the proper remedy for challenging counsel's representation and that such c
• Brown v. Armontrout
  898 F.2d 84· 8th Cir.· 1990-03-16 ·cited 2×
  The court held that the appellant's claims lacked merit, affirming the district court's denial of his habeas corpus petition.
• Lawrence v. Edilberto Pestana
  560 So. 2d 248· Fla. 3d DCA· 1990-03-06 ·cited 2×·via Writ Of Habeas Corpus
  The court held that a complaint sworn before a magistrate satisfies the statutory requirement for an authenticated affidavit in extradition demands, and the asylum state cannot re-examine the demanding state's probable cause determination.
• McCartney v. Vitek
  902 F.2d 616· 8th Cir.· 1990-02-07 ·cited 2×
  The court held that a federal court may dismiss a habeas petition for failure to exhaust state remedies, even before the state has responded, if the state indicates it will not waive the exhaustion requirement.
• Bateson v. Dugger
  556 So. 2d 498· Fla. 1st DCA· 1990-02-06 ·cited 2×·via Writ Of Habeas Corpus
  The denial of the petition for writ of habeas corpus is affirmed because the appellant failed to state a prima facie case of ineffective assistance of counsel.
• Barham v. Powell
  895 F.2d 19· 1st Cir.· 1990-01-31 ·cited 2×
  The court held that the trial court did not abuse its discretion in denying the defendant's request for a continuance, and therefore, the defendant was not denied his Sixth Amendment right to self-representation.
• Williams-Bey v. Trickey
  894 F.2d 314· 8th Cir.· 1990-01-23 ·cited 2×
  The court held that a state prisoner's claim regarding a state post-conviction court's failure to make findings of fact is not cognizable in a federal habeas corpus petition. The court also held that defense counsel's decision not to cross-examine the victim about a prior alleged
• Wilson v. A.L. Lockhart
  892 F.2d 754· 8th Cir.· 1990-01-03 ·cited 2×·via Habeas Corpus Relief
  The court held that a petitioner's pro se status on a prior habeas petition does not, by itself, warrant relitigation of a claim already decided on the merits.
• C.S. v. Brown
  553 So. 2d 317· Fla. 1st DCA· 1989-12-04 ·cited 2×·via Writ Of Habeas Corpus
  C.S., a juvenile detained for 21 days, challenged his continued detention after the state filed an information charging him as an adult. The court held that a juvenile must be brought before a criminal court judge within 24 hours of an information filing, and that continued deten
• Russell v. Lane
  890 F.2d 947· 7th Cir.· 1989-11-29 ·cited 2×
  A judge's recusal does not automatically invalidate prior rulings, but a party may seek to vacate those rulings under Fed.R.Civ.P. 60(b)(6) if the recusal ground existed at the time of the rulings.
• Arce v. Smith
  889 F.2d 1271· 2d Cir.· 1989-11-20 ·cited 2×
  The court held that the petitioner procedurally defaulted his claims by failing to raise them on direct appeal or in a timely manner, and he failed to show cause to excuse the default, thus precluding review of the merits.
• United States v. DeLUCA
  889 F.2d 503· 3d Cir.· 1989-11-15 ·cited 2×
  The court held that the district court erred in revoking the special parole term but did not err in failing to vacate the guilty plea.
• In the Interest of A.M.R. v. Coler
  555 So. 2d 1248· Fla. 2d DCA· 1989-11-15 ·cited 2×·via Writ Of Habeas Corpus
  A juvenile committed to HRS petitioned for a writ of mandamus to compel HRS to comply with Florida law requiring placement in a commitment program within five days of commitment, rather than remaining in detention indefinitely. The appellate court granted the petition, holding th
• In the Interest of D.W. v. Coler
  555 So. 2d 1246· Fla. 2d DCA· 1989-11-15 ·cited 2×·via Writ Of Habeas Corpus
  A juvenile committed to HRS sought a writ of mandamus to compel HRS to comply with Florida's statutory requirement to place committed juveniles in a commitment program within five days of commitment, rather than keeping them in detention. The court granted the petition, holding t
• Tino Fiumara v. O'Brien
  889 F.2d 254· 10th Cir.· 1989-11-06 ·cited 2×·via Habeas Corpus Relief
  The Parole Commission did not abuse its discretion in using unconvicted murders to increase the appellant's offense severity rating, as there was sufficient evidence to establish a nexus between the murders and his racketeering and extortion offenses.
• Peters v. Egnor
  888 F.2d 713· 10th Cir.· 1989-11-02 ·cited 2×·via Writ Of Habeas Corpus
  The court held that there was sufficient evidence to support the magistrate's finding of probable cause for extradition on charges of theft by deception and forgery, and that the dual criminality requirement was satisfied.
• Weaver v. Foltz
  888 F.2d 1097· 6th Cir.· 1989-11-02 ·cited 2×
  The court held that the District Court erred in dismissing a mixed habeas corpus petition without considering Granberry v. Greer, which allows consideration of exhausted issues in such petitions.
• Reutter v. Solem
  888 F.2d 578· 8th Cir.· 1989-11-02 ·cited 2×
  The court held that the prosecution's failure to disclose a key witness's pending sentence commutation hearing, which could have been used for impeachment, constituted a Brady violation because the undisclosed evidence was material to the outcome of the trial.
• Wysinger v. Leoneal Davis
  886 F.2d 295· 11th Cir.· 1989-09-29 ·cited 2×·via Writ Of Habeas Corpus
  The court held that the exclusion of persons aged eighteen to twenty-five and blacks from jury selection did not violate the Sixth Amendment right to a fair trial.
• Shoultes v. Laidlaw
  886 F.2d 114· 6th Cir.· 1989-09-18 ·cited 2×
  The court held that a federal habeas petition must be dismissed if it contains any unexhausted claims, and that local legislators, city attorneys, and judges are shielded by absolute immunity for actions taken within their official capacities.
• Victorino Villamarin Blancada v. Turnage
  883 F.2d 836· 9th Cir.· 1989-08-30 ·cited 2×
  The court held that immigration officials abused their discretion by denying a stay of deportation when the alien raised a non-frivolous legal challenge to a statute that had not been decided by the circuit or Supreme Court.
• Thomas v. Ga. State Bd. OF Pardons & Paroles
  881 F.2d 1032· 11th Cir.· 1989-08-24 ·cited 2×
  A prisoner's equal protection challenge to parole procedures, alleging racial and economic discrimination, can be brought under 42 U.S.C. § 1983 without exhausting state remedies, but claims seeking release or damages for parole denial must be brought as habeas corpus petitions r
• Latroy Darnell RAY v. Duckworth
  881 F.2d 512· 7th Cir.· 1989-08-09 ·cited 2×
  The court held that the trial court did not err in denying a third competency hearing and that the defendant's confession was voluntary.
• Isley v. Dugger
  877 F.2d 47· 11th Cir.· 1989-07-12 ·cited 2×
  The court held that allowing psychiatrists to relate a defendant's statements used in their sanity determination does not violate the Fifth Amendment, especially when the defense raises the insanity issue.
• Foster v. Wash. State Bd. OF Prison Terms & Parole
  878 F.2d 1233· 9th Cir.· 1989-07-12 ·cited 2×
  The court held that the State of Washington's Sentencing Reform Act, as amended, does not violate constitutional protections and that the district court did not err in denying the habeas corpus petition or appointed counsel.
• Quenton N. Brown v. Butler
  876 F.2d 427· 5th Cir.· 1989-06-28 ·cited 2×
  The court held that the state's use of rebuttal psychiatric testimony, based on the defendant's non-Mirandized statements, violated the Fifth Amendment, but the error was harmless because the defendant failed to establish a necessary element of his insanity defense.
• Paster v. Lynaugh
  876 F.2d 1184· 5th Cir.· 1989-06-27 ·cited 2×
  The court held that the petitioner's claims were procedurally barred or unsupported by the record, and thus denied his motions for a certificate of probable cause and a stay of execution.
• Campas v. Zimmerman
  876 F.2d 318· 3d Cir.· 1989-05-31 ·cited 2×
  The court held that the district court erred in dismissing the habeas corpus petition solely on the grounds of delay without fully addressing exhaustion and prejudice issues, especially with an augmented record.
• Smart v. Leeke
  873 F.2d 1558· 4th Cir.· 1989-05-04 ·cited 2×
  The court held that the burden of persuasion for self-defense, as defined by South Carolina law, cannot constitutionally be placed on the defendant because it negates an element of the crime rather than being an affirmative defense.
• Wilson v. Lane
  870 F.2d 1250· 7th Cir.· 1989-03-15 ·cited 2×
  Appellants, acting as next-friends, lack standing to challenge the constitutionality of the Illinois death penalty statute or to pursue post-conviction remedies on behalf of an inmate who has knowingly and voluntarily waived such actions.
• Burge v. Butler
  867 F.2d 247· 5th Cir.· 1989-03-10 ·cited 2×·via Habeas Corpus Relief
  A defendant sentenced under a statute that does not apply to his crime, and which was not in effect at the time of the offense, is deprived of liberty without due process of law.
• Rickie N. McNAIR v. Dugger
  866 F.2d 399· 11th Cir.· 1989-02-23 ·cited 2×·via Writ Of Habeas Corpus
  The court held that the district court improvidently granted the writ of habeas corpus because the petitioner failed to demonstrate prejudice from counsel's alleged deficient performance.
• Ringstaff v. Howard
  861 F.2d 644· 11th Cir.· 1989-02-06 ·cited 2×·via Habeas Corpus Relief
• Benio Kalka v. Vasquez
  867 F.2d 546· 9th Cir.· 1989-02-03 ·cited 2×
  The court held that denying a prisoner full worktime credits for the period they were available but not assigned work does not violate equal protection, as the distinction is rationally related to the rehabilitative purpose of actual work performance and institutional security.
• 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.
• Lopez v. Riley
  865 F.2d 30· 2d Cir.· 1989-01-03 ·cited 2×·via Writ Of Habeas Corpus
  Claims of deficiencies in a state grand jury proceeding are not cognizable in a federal habeas corpus proceeding under 28 U.S.C. § 2254 when a petit jury has subsequently convicted.
• Davis v. United States
  865 F.2d 164· 8th Cir.· 1988-12-30 ·cited 2×
  The court held that the defendant failed to demonstrate prejudice from his counsel's alleged ineffectiveness, as the evidence of the victim's gonorrhea had low probative value and the prosecution's case was strong.
• Daugherty v. Dugger
  699 F. Supp. 1517· M.D. Fla.· 1988-11-02 ·cited 2×·via Writ Of Habeas Corpus
  The court denied the petition for writ of habeas corpus and motion for stay of execution, finding the claims without merit and, in some instances, an abuse of the writ.
• 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.
• Liberatore v. Story
  854 F.2d 830· 6th Cir.· 1988-08-05 ·cited 2×·via Writ Of Habeas Corpus
  The court held that the Parole Commission's interpretation of its guidelines was reasonable and that the Regional Commissioner acted within her authority. However, the case is remanded to determine if the petitioner was properly notified of and given an opportunity to respond to
• Gholston v. Jones
  848 F.2d 1156· 11th Cir.· 1988-07-07 ·cited 2×
  The court held that the parole revocation was constitutionally sound, as the parolee had waived certain rights and the supervisor's report, containing an admission, was sufficiently reliable.
• Bennett v. Soto
  850 F.2d 161· 3d Cir.· 1988-06-24 ·cited 2×
  The district court erred in denying the habeas corpus petition by mischaracterizing its jurisdictional basis and should have considered it under the Virgin Islands habeas corpus statute.
• Bailey v. Spears
  847 F.2d 695· 11th Cir.· 1988-06-16 ·cited 2×
  The court held that the defendant's habeas corpus petition warranted an evidentiary hearing regarding his competency to stand trial and the applicability of an insanity defense.
• Fendler v. United States Bureau OF Prisons
  846 F.2d 550· 9th Cir.· 1988-05-11 ·cited 2×
  The court held that the Bureau of Prisons complied with the Privacy Act by including the inmate's rebuttal with his records, and that the inmate's claims for expungement and habeas corpus relief were moot or otherwise unmeritorious.