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

• Justine Justus Okot v. Callahan
  788 F.2d 631· 9th Cir.· 1986-04-29 ·cited 2×
  The court held that the district court erred in denying removal, and should have remanded the case to state court, but correctly dismissed the habeas petition.
• Bradwell v. The Honorable Charles D. McCLURE
  488 So. 2d 566· Fla. 1st DCA· 1986-04-25 ·cited 2×·via Writ Of Habeas Corpus
  Willie Bradwell sought habeas corpus relief challenging his pretrial detention on charges of sexual abuse of a child. The Florida appellate court granted the writ, holding that the trial court's detention order failed to comply with statutory requirements because it did not find
• WAY v. Louie L. Wainwright
  786 F.2d 1095· 11th Cir.· 1986-04-15 ·cited 2×
  The court held that the petitioner's claims were procedurally barred or waived, and the evidence was sufficient for premeditated murder.
• Smart v. Scully
  787 F.2d 816· 2d Cir.· 1986-04-07 ·cited 2×
  The Court of Appeals held that the appellant's failure to include sworn allegations in his pro se motion to withdraw his guilty plea did not constitute a procedural default under Wainwright v. Sykes, as the state had no substantial interest in denying him the opportunity to reple
• Moore v. State
  485 So. 2d 1368· Fla. 1st DCA· 1986-04-03 ·cited 2×
  Carlos Moore, convicted of armed robbery in 1973, was denied his right to appellate review due to his trial counsel's failure to file assignments of error or pursue an Anders appeal, which prevented him from obtaining trial transcripts necessary for appeal. The court found this c
• Lockett v. Montemango
  784 F.2d 78· 2d Cir.· 1986-02-14 ·cited 2×·via Writ Of Habeas Corpus
  Jeopardy does not attach in a New York pretrial insanity plea proceeding where the defendant does not risk conviction, allowing the state to vacate the plea and recommence criminal proceedings.
• Bond v. Procunier
  780 F.2d 461· 4th Cir.· 1986-01-02 ·cited 2×·via Petition For Habeas Corpus Relief
  The district court erred in dismissing the petition without an evidentiary hearing, as the allegations of suppressed exculpatory evidence were specific enough to warrant a hearing and potentially alter the trial outcome.
• Deloach v. Louie L. Wainwright
  777 F.2d 1524· 11th Cir.· 1985-12-12 ·cited 2×·via Habeas Corpus Relief
  The court held that the appellant's conviction and sentence for both felony murder and the underlying felony did not violate the Double Jeopardy Clause, as interpreted by Florida law.
• Busby v. Holt
  771 F.2d 1461· 11th Cir.· 1985-09-24 ·cited 2×·via Writ Of Habeas Corpus
  The court held that the prosecutor's misconduct in calling a witness who intended to invoke the Fifth Amendment, and the trial court's error in permitting this, constituted a constitutional violation that was not harmless error.
• United States v. Price
  773 F.2d 1526· 11th Cir.· 1985-09-10 ·cited 2×·via Writ Of Habeas Corpus
  The court denied the defendant's motion for release pending appeal and petitions for extraordinary writs because the issues were premature and had not yet been finally determined by the district court.
• Roesch v. L.L. Wainwright
  474 So. 2d 1263· Fla. 1st DCA· 1985-09-05 ·cited 2×
  Roesch, a state prisoner, appealed the denial of his habeas corpus petition challenging six disciplinary reports received during his confinement. The court affirmed the denial regarding four disciplinary reports but reversed and remanded for an evidentiary hearing on two reports
• United States v. Hallahan
  768 F.2d 754· 6th Cir.· 1985-07-29 ·cited 2×·via Writ Of Habeas Corpus
  The court held that it lacks jurisdiction to hear an appeal from an interlocutory order setting forth conditions to purge a contempt order, as the contempt order itself was the final, appealable order.
• Flowers v. Blackburn
  764 F.2d 276· 5th Cir.· 1985-06-18 ·cited 2×
  The court granted a certificate of probable cause, finding that the petitioner made a substantial showing of the denial of a federal right regarding jury instructions on specific intent.
• Earl v. Israel
  765 F.2d 91· 7th Cir.· 1985-06-11 ·cited 2×
  The court held that the appellant's trial counsel's actions did not constitute ineffective assistance of counsel, as his strategic decisions and perceived misunderstandings of court rulings were reasonable under the circumstances.
• Earnest Lee Wade v. A.L. Lockhart
  763 F.2d 999· 8th Cir.· 1985-06-06 ·cited 2×
  The court held that the state court's failure to conduct a full and adequate inquiry into Wade's financial status after he raised questions about his ability to afford counsel violated his Fourteenth Amendment right to counsel on appeal.
• Zamora v. Wainwright
  610 F. Supp. 159· S.D. Fla.· 1985-05-30 ·cited 2×
  The court held that claims are exhausted for federal habeas relief if pursuing them in state court would be futile, even if not explicitly ruled upon by state courts.
• Claudio Fernandez v. Rodriguez
  761 F.2d 558· 10th Cir.· 1985-04-04 ·cited 2×
  The admission of polygraph test results, which are testimonial communications, in a criminal trial cannot be harmless error if the confession was involuntary or if the error was not harmless beyond a reasonable doubt.
• Mechler v. Procunier
  754 F.2d 1294· 5th Cir.· 1985-03-15 ·cited 2×
  The court held that the introduction of preliminary hearing testimony of an unavailable witness did not violate the defendant's Sixth Amendment right to confrontation, as the state made a good faith effort to secure the witness and the testimony bore sufficient indicia of reliabi
• Diamond v. Wyrick
  757 F.2d 192· 8th Cir.· 1985-03-13 ·cited 2×
  The court held that the petitioners failed to exhaust their state remedies for their habeas corpus claims, requiring dismissal of their petitions.
• Triola v. State
  464 So. 2d 1312· Fla. 2d DCA· 1985-03-13 ·cited 2×·via Writ Of Habeas Corpus
  Appellant Triola appealed from a denial of his Rule 3.850 postconviction relief motion challenging his conviction for involuntary sexual battery. The court affirmed, holding that Triola waived his primary argument by failing to raise it on direct appeal and that his ineffective a
• United States v. Gleason
  753 F.2d 83· 8th Cir.· 1985-01-23 ·cited 2×
  The court held that the district court lacked jurisdiction to consider the discovery motion because no case was pending and the motion did not qualify as a § 2255 motion or a § 2241 petition.
• Alfreddie Grant v. Jones
  461 So. 2d 1375· Fla. 4th DCA· 1985-01-16 ·cited 2×·via Writ Of Habeas Corpus
  The court held that a parole violation must be willful to warrant revocation, and the petitioner's failure to immediately report was not willful.
• J.A. Avery, Jr. v. Procunier
  750 F.2d 444· 5th Cir.· 1985-01-14 ·cited 2×
  The court affirmed the denial of habeas corpus relief, finding no constitutional error in the denial of claims for ineffective assistance of counsel, use of perjured testimony, illegal arrest/search, self-incrimination, or failure to appeal.
• Goudlock v. R.C. Marshall
  751 F.2d 865· 6th Cir.· 1985-01-09 ·cited 2×·via Writ Of Habeas Corpus
  The court held that cross-examining a defendant about their post-Miranda silence regarding an exculpatory explanation, when the police were unaware of the significance of the matter at the time of arrest, does not violate Doyle v. Ohio.
• Basheer Hameed and Abdul Majid v. Jones
  750 F.2d 154· 2d Cir.· 1984-11-26 ·cited 2×
  The court held that the declaration of a mistrial was a proper exercise of discretion and did not violate the constitutional prohibition against double jeopardy.
• United States v. Clark N. Fishel
  747 F.2d 271· 5th Cir.· 1984-11-06 ·cited 2×
  The court held that the district court did not err in denying the habeas corpus petition without an evidentiary hearing or discovery.
• Cole v. Commanding Officer
  747 F.2d 217· 4th Cir.· 1984-10-25 ·cited 2×·via Habeas Corpus Relief
  The dissenting opinion argues that the district court should have exercised jurisdiction to review the conscientious objector discharge application, as administrative remedies were rendered impossible by the Navy's actions.
• Garner v. Louie L. Wainwright
  454 So. 2d 28· Fla. 1st DCA· 1984-07-24 ·cited 2×·via Writ Of Habeas Corpus
• Jones v. Solem
  739 F.2d 329· 8th Cir.· 1984-07-12 ·cited 2×
  The court held that state court delay in ruling on a post-conviction motion, even when combined with potential parole eligibility before appeal resolution, does not constitute exceptional circumstances to excuse the federal habeas corpus exhaustion requirement.
• Kennick v. Superior Court OF the State OF Cal.
  736 F.2d 1277· 9th Cir.· 1984-06-05 ·cited 2×
  The court held that requiring a probationer to re-serve time already served on probation violates the Double Jeopardy Clause, but the custodial portion of probation not yet served can still be imposed.
• Nealy J. Buchanon v. Mintzes
  734 F.2d 274· 6th Cir.· 1984-05-09 ·cited 2×
  The court held that Rule 9(a) of habeas corpus proceedings requires a showing of actual prejudice to bar consideration of claims, and that the state failed to show prejudice regarding the petitioner's claims of unknowing waiver of counsel and guilty plea.
• Bruce v. The Fla. Parole & Prob. Comm'n & Louie L. Wainwright as Sec'y
  450 So. 2d 520· Fla. 3d DCA· 1984-04-03 ·cited 2×
  Robert Bruce sought habeas corpus relief challenging the Florida Parole and Probation Commission's refusal to convert his presumptive parole release date into an effective parole release date. The court held that the Commission abused its discretion by refusing to set an effectiv
• Sundel v. Justices OF the Superior Court OF the State OF R.I.
  728 F.2d 40· 1st Cir.· 1984-02-29 ·cited 2×
  A defendant's request for a mistrial, made after the judge removes their counsel, will be taken at face value, and a subsequent retrial will not violate the Double Jeopardy Clause unless the judge's removal of counsel was motivated by bad faith or harassment.
• Antone v. Louie L. Wainwright
  444 So. 2d 959· Fla.· 1984-01-20 ·cited 2×·via Writ Of Habeas Corpus
  Anthony Antone, convicted of first-degree murder and sentenced to death, petitioned for habeas corpus relief, appealed the trial court's denial of post-conviction relief under Florida Rule of Criminal Procedure 3.850, and sought a stay of execution. The Florida Supreme Court deni
• Mathes v. Pierpont
  725 F.2d 77· 8th Cir.· 1984-01-11 ·cited 2×·via Application For Writ Of Habeas Corpus
  The court held that the State of Oklahoma did not waive its jurisdiction over the appellant by releasing a detainer and failing to file another for several years, as the delay did not rise to the level of gross negligence required for waiver.
• Alexander v. United States Parole Comm'n
  721 F.2d 1223· 9th Cir.· 1983-12-13 ·cited 2×
  The court held that the district court erred in dismissing the petition without an evidentiary hearing, as sufficient facts were alleged to show a due process violation in the disciplinary hearing and potential prejudice.
• Webster v. Engle
  721 F.2d 566· 6th Cir.· 1983-11-21 ·cited 2×·via Habeas Corpus Relief
  The court held that the district court improperly granted habeas corpus relief because the appellee's substantive claims were procedurally barred by his failure to comply with Ohio's contemporaneous objection rule, and he failed to demonstrate cause and prejudice for this default
• Christian v. Housewright
  721 F.2d 240· 8th Cir.· 1983-11-16 ·cited 2×
  The court held that while the trial court erred in failing to provide a limiting instruction regarding prior convictions, this error was harmless. Additionally, the court found no ineffective assistance of counsel or actual conflict of interest arising from joint representation.
• Bennie R. Thompson v. Smith
  719 F.2d 938· 8th Cir.· 1983-10-27 ·cited 2×·via Writ Of Habeas Corpus
  The court held that claims regarding conviction validity must be addressed to the sentencing court, claims about conditions of confinement are moot due to transfer, and claims for money damages require exhaustion of administrative remedies.
• O'Guin v. Foltz
  715 F.2d 397· 6th Cir.· 1983-09-01 ·cited 2×·via Habeas Corpus Relief
  The court held that the petitioner's claims lacked merit and affirmed the denial of habeas corpus relief.
• Baldwin v. Maggio
  715 F.2d 152· 5th Cir.· 1983-09-01 ·cited 2×
  The court denied the stay of mandate because there was no reasonable probability that the Supreme Court would grant certiorari or reverse the decision.
• Johnson v. R.V. Turner
  436 So. 2d 291· Fla. 4th DCA· 1983-08-03 ·cited 2×·via Writ Of Habeas Corpus
• Runnels v. Hess
  713 F.2d 596· 10th Cir.· 1983-07-29 ·cited 2×
  The court should find cause for the procedural default and grant relief, as the circumstances demonstrate a fundamental miscarriage of justice.
• Payne v. Scottie Burns
  707 F.2d 1302· 11th Cir.· 1983-06-23 ·cited 2×·via Writ Of Habeas Corpus
  The court held that the defendants did not violate the prisoner's federal rights by failing to bring him before a judge to set a time for a habeas corpus petition when the prisoner, with counsel, elected not to pursue such a petition.
• J. Michael Geiger, Jr., M.D. v. United States
  707 F.2d 157· 5th Cir.· 1983-06-13 ·cited 2×·via Writ Of Habeas Corpus
  The court held that equitable relief was inappropriate for a military pay dispute, and the plaintiff had an adequate legal remedy in another forum.
• Greene v. Massey
  706 F.2d 548· 5th Cir.· 1983-06-06 ·cited 2×
  The dissenting judge believes the prior decision was clearly erroneous and would work a manifest injustice, thus creating an exception to the law of the case doctrine.
• Cruz v. Alexander
  708 F.2d 31· 2d Cir.· 1983-05-02 ·cited 2×
  The court held that the state's denial of wiretapping was insufficient and a further inquiry was warranted due to new evidence and incomplete prior denials.
• Daizi v. Fla. Parole & Prob. Comm'n
  436 So. 2d 171· Fla. 4th DCA· 1983-04-13 ·cited 2×
  Raul Daizi petitioned for habeas corpus challenging the Parole and Probation Commission's assignment of his presumptive parole release date (PPRD). The Fourth District Court of Appeal, treating the petition as one for mandamus, upheld the Commission's authority to aggravate Daizi
• DeANGELO v. Strickland
  426 So. 2d 1264· Fla. 1st DCA· 1983-02-14 ·cited 2×·via Writ Of Habeas Corpus
  The court held that the petition for writ of habeas corpus was properly denied because it did not establish a prima facie case of illegal imprisonment.
• Powell v. U.S. Bureau OF Prisons
  695 F.2d 868· 5th Cir.· 1983-01-17 ·cited 2×
  Work credits earned in a foreign prison are not a permanent sentence reduction but are akin to good time credits that can be forfeited upon parole violation after transfer to the United States.