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

• Tunstall v. Singletary
  622 So. 2d 530· Fla. 1st DCA· 1993-07-28 ·via Writ Of Habeas Corpus
  Stanley Tunstall appeals the denial of his habeas corpus petition challenging the validity of his parole and parole revocation. The court reversed, finding that the trial court failed to address whether Tunstall's sentences would have expired prior to his parole under the proper
• Hockett v. Duckworth
  999 F.2d 1160· 7th Cir.· 1993-07-26 ·via Habeas Corpus Relief
  The court held that the district court did not err in denying the habeas petition without an evidentiary hearing, as the state court post-conviction proceedings adequately addressed the ineffective assistance of counsel claim.
• Fisher v. Hargett
  997 F.2d 1095· 5th Cir.· 1993-07-26
  The state is not constitutionally required to provide an indigent defendant with a free transcript of a prior trial on a different charge if the value of the transcript is minimal and adequate alternatives exist.
• Kermit Smith, Jr. v. Dixon
  996 F.2d 667· 4th Cir.· 1993-07-23
• Bonin v. Vasquez
  999 F.2d 425· 9th Cir.· 1993-07-16
  The court held that there is no constitutional right to effective counsel in state post-conviction or federal habeas corpus proceedings, and therefore, the Public Defender's potential ineffectiveness does not constitute cause to excuse the late filing of claims.
• Smith v. Groose
  998 F.2d 1439· 8th Cir.· 1993-07-16
  The court held that the district court did not err in denying the habeas petition because the claims were procedurally barred and the underlying issues lacked merit.
• Noble Lee Simpson v. Ortiz
  995 F.2d 606· 5th Cir.· 1993-07-16
  The court held that the Parole Commission's application of its 1990 guidelines did not violate the ex post facto clause and that the Commission did not violate the separation of powers doctrine by establishing parole suitability guidelines.
• Childs v. Collins
  995 F.2d 67· 5th Cir.· 1993-07-13
  The court held that a defendant who is informed of his right to appeal and fails to make his desire to appeal known waives that right, and thus cannot claim ineffective assistance of counsel for failure to appeal.
• Powell v. Ducharme
  998 F.2d 710· 9th Cir.· 1993-07-09
  The new parole scheme, by postponing a prisoner's parole hearing, worsens conditions and violates the Ex Post Facto Clause.
• United States v. Wagner
  999 F.2d 312· 8th Cir.· 1993-07-09
  The court held that 18 U.S.C. § 3583(a) provided authority for imposing supervised release for a conspiracy that extended beyond the statute's effective date, and that supervised release could be reimposed after revocation.
• Osborn v. Shillinger
  997 F.2d 1324· 10th Cir.· 1993-07-08
  The court held that the petitioner's guilty plea was voluntary and not coerced, and that the sentences imposed were not vindictive, thus affirming the district court's dismissal of the habeas corpus petition.
• Erick L. Kelly v. Roberts
  998 F.2d 802· 10th Cir.· 1993-07-06
  The dissenting judge believes the majority erred in its interpretation of the evidence regarding the defendant's involvement as an aider and abettor.
• Williams v. Lord
  996 F.2d 1481· 2d Cir.· 1993-07-01
  The exclusion of evidence regarding the victim's prior violent acts, of which the defendant had no knowledge, does not violate the constitutional right to present a defense when the evidence has limited probative value and the state has legitimate interests in excluding it.
• Markham Duff-Smith v. Collins
  995 F.2d 545· 5th Cir.· 1993-06-28
  The court denied the motion for a certificate of probable cause and the motion for a stay of execution.
• Garnett R. Leacock v. Henman
  996 F.2d 1069· 10th Cir.· 1993-06-25
  The court held that a pro se litigant's allegations of interference with his right to self-representation, which impacted his ability to present a defense, constitute a challenge to the fact or duration of his confinement, properly brought under habeas corpus statutes, not solely
• Brewer v. Lewis
  997 F.2d 550· 9th Cir.· 1993-06-22
  The court held that the panel erred in refusing to apply Circuit Rule 22-3, which mandates an automatic stay of execution for a first habeas corpus petition in a capital case, and in affirming the dismissal of the petition without an evidentiary hearing on the petitioner's compet
• Brown v. Burns
  996 F.2d 219· 9th Cir.· 1993-06-21 ·via Writ Of Habeas Corpus
  The court held that the state court's finding that the offense occurred partly off-reservation was supported by the record, and the defendant knowingly and intelligently waived his right to a jury trial.
• McKEE v. Crispus C. NIX
  995 F.2d 833· 8th Cir.· 1993-06-14
  The court held that the district court properly denied the habeas corpus petition because the petitioner procedurally defaulted on most claims and the remaining claims lacked merit or were based on state law errors.
• Gilbertson v. Tex. Bd. OF Pardons & Paroles
  993 F.2d 74· 5th Cir.· 1993-06-11
  A Texas prison inmate does not possess a constitutionally protected interest in a tentative parole date and is not entitled to reasons for its denial or revision.
• Vernell Carson v. Collins
  993 F.2d 461· 5th Cir.· 1993-06-08
  The court held that the admission of a videotaped statement did not violate the Confrontation Clause because the victim testified at trial and was subject to cross-examination, and that the admission of the videotape and witness remarks did not render the trial fundamentally unfa
• Logan v. A.L. Lockhart
  994 F.2d 1324· 8th Cir.· 1993-06-07
  The court held that the trial court's decision to allow a potentially biased juror was supported by the record and that the exclusion of certain evidence did not violate due process. However, the district court erred in applying the concurrent sentence doctrine to dismiss a habea
• United States v. Quillin Porter
  994 F.2d 470· 8th Cir.· 1993-05-27
  The court held that the defendant's statements were not irreconcilably inconsistent to the degree required for a perjury conviction under 18 U.S.C. § 1623(c).
• Pemberton v. Collins
  991 F.2d 1218· 5th Cir.· 1993-05-27
  A federal court on habeas review may consider a confession admitted at trial, even if a state appellate court later held it inadmissible under state law, provided its admission did not violate federal constitutional standards.
• Hurlburt v. Cunningham
  996 F.2d 1273· 1st Cir.· 1993-05-26
  The court affirmed the denial of the habeas corpus petition, holding that the increased sentence after retrial was not unconstitutional under North Carolina v. Pearce because the sentencing judge provided sufficient on-the-record, nonvindictive reasons.
• Sneed v. Donahue
  993 F.2d 1239· 6th Cir.· 1993-05-24
  Automatic revocation of parole under Kentucky law upon incarceration for a new crime does not violate the Due Process Clause when the statute mandates revocation and the parole authority has no discretion.
• Wilson v. McCAUGHTRY
  994 F.2d 1228· 7th Cir.· 1993-05-20
  The court held that the petitioner's due process rights were not violated by the sixteen-year delay in indictment, nor by the state trial court's failure to instruct the jury on the lesser included offense of reckless homicide.
• Kelley v. Kaiser
  992 F.2d 1509· 10th Cir.· 1993-05-17 ·via Habeas Corpus Proceedings
  The court held that the Oklahoma court's application of the Edwards requirement, which shifted the burden to the petitioner to show why he would not have been certified as an adult, constituted an inadequate fact-finding procedure, thus the state court's determination was not ent
• Ruffin v. State
  617 So. 2d 868· Fla. 5th DCA· 1993-05-07 ·via Habeas Corpus Relief
  Ruffin appeals a resentencing order in which the trial court unlawfully modified his murder sentence that he had already begun serving. The court reversed and remanded because the trial court exceeded its authority by changing the murder sentence when only the sexual battery sent
• Campbell v. Blodgett
  992 F.2d 984· 9th Cir.· 1993-05-07
  The en banc court denied the motion for reconsideration of the order of remand.
• Parnell Seaton v. Jabe
  992 F.2d 79· 6th Cir.· 1993-05-05
  A late removal petition filed in a criminal case without leave of the federal court does not divest the state court of jurisdiction.
• Nelson v. Hargett
  989 F.2d 847· 5th Cir.· 1993-05-04
  The court held that a guilty plea waives the right to a speedy trial claim, but remanded for an evidentiary hearing on the ineffective assistance of counsel claim due to an insufficient record.
• Ivory L. Haislip v. Attorney Gen., State OF Kan.
  992 F.2d 1085· 10th Cir.· 1993-05-03
  The court held that the denial of the habeas corpus petition was proper because the appellant did not demonstrate ineffective assistance of counsel or a due process violation from the denial of a continuance.
• Willis v. Collins
  989 F.2d 187· 5th Cir.· 1993-04-27
  The court held that a petitioner is not 'in custody' for purposes of federal habeas corpus review under 28 U.S.C. § 2254 when challenging a conviction for which the sentence has been completed and which was not used to enhance the conviction for which the petitioner is currently
• Jackson v. A.L. Lockhart
  992 F.2d 167· 8th Cir.· 1993-04-26
  The dissenting judge believes the petitioner was entitled to a directed verdict under Arkansas law, and the majority's standard for habeas corpus review is incorrect.
• Hendricks v. Zenon
  993 F.2d 664· 9th Cir.· 1993-04-22
  The court held that the Oregon Court of Appeals violated the defendant's Sixth Amendment right to effective assistance of counsel by denying his motion for substitution of counsel and forcing him to proceed pro se without a knowing and intelligent waiver.
• Deutscher v. Harol Whitley
  991 F.2d 605· 9th Cir.· 1993-04-20
  The petitioner's second habeas petition must be denied because he has not shown by clear and convincing evidence that he is actually innocent of the death penalty.
• Higgins v. Smith
  991 F.2d 440· 8th Cir.· 1993-04-13
  The court held that imposing a sentence greater than permitted by state law constitutes a constitutional violation, potentially allowing for habeas relief.
• White v. Peters
  990 F.2d 338· 7th Cir.· 1993-04-06
  The court affirmed the district court's denial of the habeas petition, finding the petitioner procedurally defaulted his claims and failed to exhaust state remedies.
• LEE v. Jabe
  989 F.2d 869· 6th Cir.· 1993-04-02
  A certificate of probable cause is required to appeal a district court's denial of bail pending disposition of a habeas action, and the district court did not abuse its discretion in denying bail in this case.
• Salkil v. Delo
  990 F.2d 386· 8th Cir.· 1993-04-02
  The court held that the use of an undercover cellmate to elicit incriminating statements did not violate the Fifth or Sixth Amendments, and a due process claim regarding witness notice was also denied.
• Terry v. Rees
  985 F.2d 283· 6th Cir.· 1993-04-01
  The denial of an independent pathologist prior to trial was harmless error because the independent pathologist's report ultimately confirmed the prosecution's findings regarding the cause of death.
• Miller v. Fed. Bureau OF Prisons
  989 F.2d 420· 10th Cir.· 1993-03-30
  The court held that the Parole Commission's correction of a notice regarding street time credit was permissible and did not violate due process, but reversed and remanded the claim regarding the withdrawal of a parole violator warrant without a timely revocation hearing.
• Bovio v. United States
  989 F.2d 255· 7th Cir.· 1993-03-25 ·via Writ Of Habeas Corpus
  The court held that the magistrate judge properly found probable cause to extradite Bovio, that the submitted documents were admissible, and that Bovio's due process rights were not violated.
• Donnie Lee Prince v. State
  616 So. 2d 526· Fla. 4th DCA· 1993-03-24 ·via Habeas Corpus Relief
  In this post-conviction appeal, the Fourth District affirmed the trial court's denial of Prince's ineffective assistance of counsel claims, finding he was properly advised of his right to testify and failed to properly assert other alleged errors. The court also affirmed the deni
• Ramirez v. Turner
  991 F.2d 351· 7th Cir.· 1993-03-23
  The court held that an inmate has a liberty interest in preserving his chance for parole, and that the district court erred in not making a de novo finding on the parole issue and in denying counsel.
• Villarreal v. United States Parole Comm'n
  985 F.2d 835· 5th Cir.· 1993-03-15
  The court held that a parolee must show actual prejudice from delays in parole revocation proceedings to obtain habeas corpus relief, and that the Parole Commission may consider dismissed state charges if there is some evidence to support them.
• Woods v. Major General JJ. Sheehan
  987 F.2d 1454· 9th Cir.· 1993-03-15
  The court held that the Marine Corps had a basis in fact for denying Corporal Woods' conscientious objector status, and the district court did not err in denying his habeas petition.
• Hall v. Superintendent Paul L. DiPAOLO
  986 F.2d 7· 1st Cir.· 1993-02-18
  The court held that a certificate of probable cause should be granted and the dismissal of the habeas petition vacated, remanding for consideration of whether state remedies were exhausted through post-conviction motions.
• Degarmo v. Collins
  984 F.2d 142· 5th Cir.· 1993-02-08 ·via Habeas Corpus Proceedings
  The court held that a stipulation agreeing not to appeal must be enforced as written.
• Palmer v. Estelle
  985 F.2d 456· 9th Cir.· 1993-02-02
  The court held that where the record is ambiguous regarding the trial court's evaluation of a prosecutor's race-neutral explanations for peremptory strikes, a federal court must defer to the state appellate court's factual findings.