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

• Bishop v. State
  527 So. 2d 836· Fla. 4th DCA· 1988-05-11 ·cited 2×
  Lawrence Bishop appeals the denial of his rule 3.850 motion for post-conviction relief in a first-degree murder and robbery case. The court affirms the denial, finding the allegations conclusory rather than factual and expressing concern about successive post-conviction motions r
• 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.
• Flournoy v. Marshall
  842 F.2d 875· 6th Cir.· 1988-03-22 ·cited 2×
  The court held that district courts must apply a de novo standard of review to magistrate's findings in habeas corpus cases referred under 28 U.S.C. § 636(b)(1)(B), not the clearly erroneous standard.
• Jeffers v. Sargent
  842 F.2d 1008· 8th Cir.· 1988-03-22 ·cited 2×·via Petition For Habeas Corpus Relief
  The court held that the petitioner has an available unexhausted state court remedy, and therefore, his federal habeas petition must be denied.
• Fletcher Thomas Mann v. Lynaugh
  840 F.2d 1194· 5th Cir.· 1988-03-15 ·cited 2×
  The court held that the appellant's notice of appeal was untimely filed, and therefore, the court lacks jurisdiction to hear the appeal.
• Darden v. State
  521 So. 2d 1103· Fla.· 1988-03-14 ·cited 2×·via Writ Of Habeas Corpus
  Willie Darden, a death row inmate with seven execution warrants signed, petitioned the Florida Supreme Court for habeas corpus relief and a stay of execution scheduled for March 15, 1988. The Court denied all relief, finding most claims procedurally barred because they should hav
• Tyndall v. Gunter
  840 F.2d 617· 8th Cir.· 1988-03-03 ·cited 2×·via Application For Writ Of Habeas Corpus
  The court held that the Nebraska state court retained jurisdiction over pending criminal matters despite the retrocession of jurisdiction to the federal government, and thus the habeas corpus application was properly denied.
• Ganzel v. Ganzel
  520 So. 2d 112· Fla. 1st DCA· 1988-02-22 ·cited 2×·via Writ Of Habeas Corpus
  The court held that a contempt order for failure to pay child support must include an affirmative finding that the contemnor has the present ability to comply with the purge conditions.
• Dupuy v. Butler
  837 F.2d 699· 5th Cir.· 1988-02-17 ·cited 2×·via Habeas Corpus Relief
  A state prisoner's habeas corpus claim under Hicks v. Oklahoma requires showing either that the sentencing decision was not made by the proper authority or that the authority lacked knowledge of sentencing discretion, and that prejudice resulted; here, the sentence was within the
• Winfrey v. Wyrick
  836 F.2d 406· 8th Cir.· 1988-02-17 ·cited 2×
  A confession is voluntary if obtained in a manner compatible with constitutional requirements, considering the totality of the circumstances, even if the defendant has diminished mental capacity, as long as there is no evidence of state coercion.
• Zenous Whaley v. Rodriguez
  840 F.2d 1046· 2d Cir.· 1988-02-10 ·cited 2×
  The court held that the defendant's counsel was not ineffective for failing to file a speedy trial motion because such a motion would have been denied, as the People exercised due diligence in apprehending the defendant.
• Smith v. Chrans
  836 F.2d 1076· 7th Cir.· 1988-02-01 ·cited 2×·via Writ Of Habeas Corpus
  A district court's attempt to limit a certificate of probable cause to specific issues does not affect the appellate court's disposition of the petitioner's appeal.
• Sterling Williams v. A.L. Lockhart
  837 F.2d 324· 8th Cir.· 1988-01-19 ·cited 2×·via Application For Writ Of Habeas Corpus
  The court held that the district court correctly dismissed the habeas corpus application because the appellant's guilty pleas were voluntary and his sentences did not violate the double jeopardy clause.
• 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.
• Robinson v. A.L. Lockhart
  835 F.2d 1271· 8th Cir.· 1988-01-06 ·cited 2×
  The court held that the district court did not err in denying the habeas corpus petition because the guilty pleas were voluntary and counsel was effective.
• Bundy v. Dugger
  675 F. Supp. 622· M.D. Fla.· 1987-12-22 ·cited 2×
  The court held that the petitioner was competent to stand trial, finding that the evidence did not support a diagnosis of bipolar mood disorder or demonstrate incompetence.
• Erling Knud Ove Hansen, Jr. v. A.M. "Tony" Fontana
  517 So. 2d 714· Fla. 1st DCA· 1987-12-10 ·cited 2×·via Writ Of Habeas Corpus
  Hansen appealed the denial of his habeas corpus petition challenging his 1983 parole revocation. The court affirmed the denial of most grounds but reversed the dismissal of constitutional challenges to the parole revocation statutes and the parole commission's authority, finding
• 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.
• Fugitt v. D.G. Lemacks (Sheriff)
  833 F.2d 251· 11th Cir.· 1987-11-12 ·cited 2×·via Writ Of Habeas Corpus
  The Double Jeopardy Clause does not bar retrial when prosecutorial misconduct was not intended to subvert the protections of the Clause.
• Vogel v. Judge John G. Ferris & the Seventeenth Jud. Cir. Court of Broward Cnty.
  513 So. 2d 1100· Fla. 4th DCA· 1987-10-14 ·cited 2×·via Writ Of Habeas Corpus
• United States v. Craig
  827 F.2d 393· 8th Cir.· 1987-09-02 ·cited 2×
  The court held that a petitioner represented by counsel who fails to raise a Rule 32(c)(3)(D) issue in prior available appeals cannot seek habeas relief unless the failure was due to ineffective assistance of counsel.
• United States v. Peloso
  824 F.2d 914· 11th Cir.· 1987-08-14 ·cited 2×
  The court held that a motion to correct a presentence investigation report under Fed.R.Crim.P. 32 does not confer jurisdiction on the district court after sentencing, especially when the defendant failed to object to the report at trial.
• Breeze v. Trickey
  824 F.2d 653· 8th Cir.· 1987-07-27 ·cited 2×·via Writ Of Habeas Corpus
  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.
• Bailey v. Southerland
  821 F.2d 277· 5th Cir.· 1987-07-13 ·cited 2×
  The appeal is dismissed as moot because the prisoner has been released and his subsequent re-incarceration renders his claims regarding good time and expungement moot.
• Culp v. Keohane
  822 F.2d 641· 6th Cir.· 1987-07-08 ·cited 2×
  The court held that the Bureau of Prisons has the authority to forfeit good time credits earned by a federal prisoner prior to parole revocation.
• 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.
• Mitchell v. State OF Idaho
  814 F.2d 1404· 9th Cir.· 1987-04-16 ·cited 2×·via Writ Of Habeas Corpus
  The court held that the appeal was timely because the district court failed to enter a separate judgment as required by Fed.R.Civ.P. 58.
• Stuart v. Gagnon
  837 F.2d 289· 7th Cir.· 1987-01-28 ·cited 2×
  A petitioner seeking a certificate of probable cause for a habeas appeal is not required by statute or rule to detail the grounds for the request or the issues to be raised on appeal.
• Lonberger v. R.C. Marshall
  808 F.2d 1169· 6th Cir.· 1987-01-06 ·cited 2×
  The court held that the petitioner's current habeas petition was successive and properly dismissed under Rule 9(b) because it raised the same grounds for relief as a prior petition, and the ends of justice did not require reconsideration.
• Sinclair LEE v. Probate Court OF Davidson Cnty.
  807 F.2d 512· 6th Cir.· 1986-12-23 ·cited 2×·via Habeas Corpus Relief
  The court held that the state's prosecution of the petitioner for marijuana possession did not violate the double jeopardy clause, as the offenses of possessing marijuana and possessing paraphernalia were separate and distinct.
• 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.
• RAY v. R.D. Brewer
  808 F.2d 19· 7th Cir.· 1986-12-22 ·cited 2×
  The court held that the Parole Commission's interpretation of good time credits as expiring upon parole release is reasonable and does not violate due process.
• Walker v. A.L. Lockhart
  807 F.2d 136· 8th Cir.· 1986-12-16 ·cited 2×·via Habeas Corpus Relief
  The court held that the petitioner's counsel provided ineffective assistance by failing to secure a material witness and failing to investigate, which prejudiced the petitioner's defense.
• Ramón Sanchez v. Meese
  807 F.2d 601· 7th Cir.· 1986-12-05 ·cited 2×·via Writ Of Habeas Corpus
  A defendant is not entitled to credit for time served under a civil contempt sentence against a subsequent criminal contempt sentence, as the civil confinement is coercive, not punitive.
• In re Ali Reza Ghalamsiah. Appeal of Dist. Dir.
  806 F.2d 68· 3d Cir.· 1986-11-26 ·cited 2×·via Habeas Corpus Proceedings
  The court held that the Attorney General, not the district court, has the exclusive discretionary authority to grant bail to an alien not illegally detained, pending a motion to reopen deportation proceedings, subject to judicial review.
• Worthan v. Wyrick
  805 F.2d 303· 8th Cir.· 1986-11-12 ·cited 2×
  The court held that the petitioner failed to demonstrate cause for his procedural default in failing to raise the bystander juror issue at trial or on direct appeal.
• United States v. Scott
  803 F.2d 1095· 10th Cir.· 1986-10-22 ·cited 2×
  A motion to vacate sentence under 28 U.S.C. § 2255 is unavailable for claims challenging the execution of a sentence rather than its validity. Such claims must be raised in a habeas corpus petition under 28 U.S.C. § 2241.
• Darden v. Louie Wainwright
  495 So. 2d 179· Fla.· 1986-10-03 ·cited 2×·via Writ Of Habeas Corpus
  The court held that a claim of racial bias in the application of the death penalty cannot be raised for the first time in a habeas corpus proceeding but must be presented in a motion for post-conviction relief.
• Sterling R. Rault, Sr. v. Blackburn
  799 F.2d 1071· 5th Cir.· 1986-09-15 ·cited 2×
  The court held that a "white-on-white" crime does not state a ground for federal habeas relief or warrant a certificate of probable cause or a stay of execution under the McCleskey theory.
• Murphy v. Sowders
  801 F.2d 205· 6th Cir.· 1986-09-12 ·cited 2×·via Habeas Corpus Relief
  The court held that the retroactive repeal of a rule requiring corroboration of accomplice testimony, when applied to a defendant whose crime occurred before the repeal, violates the Ex Post Facto Clause of the U.S. Constitution.
• Pickett v. Bowen
  798 F.2d 1385· 11th Cir.· 1986-09-09 ·cited 2×·via Writ Of Habeas Corpus
  The court held that the district court correctly granted the writ of habeas corpus because the medical report was crucial evidence, and the prosecution failed to demonstrate the declarant's unavailability or establish sufficient indicia of reliability.
• Jennings v. Rees
  800 F.2d 72· 6th Cir.· 1986-08-27 ·cited 2×·via Writ Of Habeas Corpus
  The court held that a state prisoner cannot seek federal habeas corpus relief on a Fourth Amendment claim if the state provided an opportunity for full and fair litigation of that claim. The court also found the handgun seizure lawful under public safety and plain view doctrines.
• Henry v. State
  496 So. 2d 832· Fla. 2d DCA· 1986-08-08 ·cited 2×·via Writ Of Habeas Corpus
  Charles Henry challenges his extradition to New York on a parole violation charge, arguing that the extradition demand lacked required statutory documentation. The Florida appellate court reversed the denial of his habeas corpus petition, finding that the supporting documents fai
• 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.
• McCRAE v. Blackburn
  793 F.2d 684· 5th Cir.· 1986-07-03 ·cited 2×
  The court held that erroneous information in a presentence investigation report constitutes harmless error if the sentencing judge did not rely on it and the defendant cannot show a reasonable probability that the sentence would have been different. Additionally, ineffective assi
• United States ex rel. Michael Salisbury v. Blackburn
  792 F.2d 498· 5th Cir.· 1986-06-20 ·cited 2×
  A trial judge has no affirmative duty to inform a defendant of the option to plead not guilty by reason of insanity before accepting a guilty plea, provided the defendant is represented by counsel who has advised them of such options.
• United States v. Smith
  793 F.2d 85· 3d Cir.· 1986-06-13 ·cited 2×·via Habeas Corpus Proceedings
  The court held that the defendant did not raise a substantial question on appeal, thus bail pending appeal was not warranted.
• Newbury v. Prisoner Review Bd. of the State OF Ill.
  791 F.2d 81· 7th Cir.· 1986-05-19 ·cited 2×·via Writ Of Habeas Corpus
  The Due Process Clause does not require all members of a parole board panel who voted on an inmate's application to be present at the inmate's parole hearing.
• Wisecup v. Elton Floyd James
  790 F.2d 841· 11th Cir.· 1986-05-12 ·cited 2×
  The district court's January 8 order was vacated for want of jurisdiction because the notice of appeal divested the court of jurisdiction to enter that order.