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

• Martsay Bolder v. Delo
  985 F.2d 941· 8th Cir.· 1993-01-26 ·via Writ Of Habeas Corpus
  The court denied the petition for rehearing and suggestion for rehearing en banc, as well as the emergency motion for stay of execution.
• James M. White (91-6096/6097) v. Stephen T. Smith (91-6095)
  984 F.2d 163· 6th Cir.· 1993-01-19
  The failure to hold a hearing to determine jury bias after an unauthorized communication from a defendant's relative to the entire jury constitutes an abuse of discretion and warrants habeas corpus relief.
• Parton v. Armontrout
  983 F.2d 881· 8th Cir.· 1993-01-12
  The court held that Parton is entitled to parole credit for time incarcerated after his presumptive parole eligibility date, and to parole discharge consideration.
• Mikel W. Houston v. A.L. Lockhart
  982 F.2d 1246· 8th Cir.· 1993-01-08
  The court held that an ineffective assistance of counsel claim cannot be based on speculation about hypothetical actions or agreements regarding inadmissible evidence.
• Jenner v. Smith
  982 F.2d 329· 8th Cir.· 1993-01-05
  The court held that the habeas petitioner's incriminating statements were voluntarily made and not obtained in violation of Miranda, as she was not in custody during the interviews.
• Moreno-Ortiz v. United States
  983 F.2d 15· 2d Cir.· 1993-01-04
  The court held that an affidavit from a witness in Colombia, without the witness appearing for cross-examination, is insufficient to justify a hearing on a motion to reconsider a habeas corpus petition, even if it alleges prosecutorial intimidation.
• Claudio v. Scully
  982 F.2d 798· 2d Cir.· 1992-12-28 ·via Habeas Corpus Relief
  The court held that the failure of appellate counsel to raise a meritorious state constitutional claim regarding ineffective assistance of counsel constitutes a violation of the Sixth Amendment right to effective assistance of counsel.
• Yokley v. Belaski
  982 F.2d 423· 10th Cir.· 1992-12-23 ·via Habeas Corpus Relief
  A sentence imposed in 'years' includes calendar years, regardless of whether they contain 365 or 366 days, and does not violate due process or equal protection.
• Hudson v. Whitley
  979 F.2d 1058· 5th Cir.· 1992-12-10
  The dissenting judge argues that the case should not be remanded because the evidence of prejudice is overwhelming and the merits of the claim are clear, making the conviction fatally flawed.
• del Guzzi v. United States
  980 F.2d 1269· 9th Cir.· 1992-12-02
  A federal prisoner is not entitled to credit for time spent in state custody against a federal sentence unless the federal sentence explicitly commenced upon receipt in state custody awaiting federal transfer.
• Smith v. Collins
  977 F.2d 951· 5th Cir.· 1992-11-24
  The court affirmed the denial of habeas corpus relief, finding that the petitioner procedurally defaulted his claim regarding a prior conviction used for sentence enhancement and failed to demonstrate cause and prejudice or actual innocence.
• Rickford Munger v. Erickson
  979 F.2d 1323· 8th Cir.· 1992-11-18
  The court held that applying the 1986 amended Minnesota Sentencing Guidelines to calculate a criminal history score, which included a prior felony conviction discharged more than five but less than fifteen years prior, did not violate the ex post facto clause because the amended
• Hosey B. Johnson v. Hargett
  978 F.2d 855· 5th Cir.· 1992-11-17 ·via Habeas Corpus Proceedings
  The court should not deny federal courts the opportunity to hear constitutional errors in habeas proceedings.
• Akrawi v. Jabe
  979 F.2d 418· 6th Cir.· 1992-11-09
  The court held that the trial court's error in barring a witness for violating a sequestration order was harmless beyond a reasonable doubt, and that the petitioner's other claims of constitutional error and ineffective assistance of counsel lacked merit.
• Bolander v. State OF Iowa
  978 F.2d 1079· 8th Cir.· 1992-11-05 ·via Habeas Corpus Relief
  The dissenting judge holds that the majority erred in finding prejudice based on a misinterpretation of the trial court's pretrial statement and an incorrect application of the Strickland standard.
• Loyd v. Whitley
  977 F.2d 149· 5th Cir.· 1992-10-29 ·via Habeas Corpus Relief
  The court held that the petitioner's counsel provided ineffective assistance by failing to adequately investigate and present independent psychiatric evidence regarding the petitioner's mental state during the penalty phase of his capital murder trial.
• Mahn v. Gunter
  978 F.2d 599· 10th Cir.· 1992-10-29
  When a prisoner has concurrent sentences of equal length, one for a sexual offense and another for a different felony committed between July 1, 1979, and July 1, 1985, parole is discretionary, not mandatory.
• Varela v. Kaiser
  976 F.2d 1357· 10th Cir.· 1992-10-07
  An attorney's failure to advise an alien client that deportation may result from a guilty plea does not constitute ineffective assistance of counsel.
• RAY v. Cowley
  975 F.2d 1478· 10th Cir.· 1992-09-24
  The court held that Petitioner's application for a certificate of probable cause was the functional equivalent of a timely notice of appeal, thus conferring jurisdiction.
• T.R.A. v. State
  605 So. 2d 551· Fla. 5th DCA· 1992-09-21
  A child detained for contempt of court must be released via habeas corpus because Florida law prohibits incarcerating juveniles for contempt under Chapter 39, despite the court's disapproval of the result.
• Cornell v. Crispus NIX
  976 F.2d 376· 8th Cir.· 1992-09-14
  The dissenting judges believe the majority improperly disregarded the trial court's findings regarding newly discovered evidence and its potential impact on the petitioner's trial outcome.
• Chuck Lee Mathenia v. Delo
  975 F.2d 444· 8th Cir.· 1992-09-11
  The dissenting judge argues that the defendant received ineffective assistance of counsel due to his attorney's failure to investigate, object to, or suppress a prejudicial videotaped confession, and therefore warrants a new penalty phase hearing or sentence reduction.
• Lahay v. Armontrout
  974 F.2d 979· 8th Cir.· 1992-09-08
  The court held that the petitioner failed to demonstrate that his counsel's representation fell below an objective standard of reasonableness or that any alleged errors prejudiced the outcome of his trial.
• Billotti v. Legursky
  975 F.2d 113· 4th Cir.· 1992-09-08
  West Virginia's system of discretionary appeals and unguided jury recommendations for mercy do not violate due process.
• Verdin v. O'Leary
  972 F.2d 1467· 7th Cir.· 1992-08-28
  The court held that the jury instruction claim based on the state's burden of proof was not federally cognizable, but the claim that the instructions misled the jury on murder versus manslaughter was potentially a federal due process issue. The court also found the ex parte commu
• Smith v. Black
  970 F.2d 1383· 5th Cir.· 1992-08-20
  The court held that the Mississippi Supreme Court's procedural bars were not strictly or regularly followed, allowing federal habeas review of the 'especially heinous' aggravating circumstance claim. The death sentence was unconstitutional due to the improper use of this circumst
• Starchild v. Fed. Bureau OF Prisons
  973 F.2d 610· 8th Cir.· 1992-08-19 ·via Application For Writ Of Habeas Corpus
  The court held that time spent on highly restricted house arrest is not creditable as jail time for sentence credit purposes.
• Otey v. Hopkins
  972 F.2d 210· 8th Cir.· 1992-08-04
  The court denied the motion to vacate the stay of execution, finding that the district court properly granted the stay to consider unusual constitutional issues raised in Otey's habeas corpus petition.
• Blazak v. Ricketts
  971 F.2d 1408· 9th Cir.· 1992-08-04
  The court held that a district court's grant of a writ of habeas corpus, vacating a conviction and allowing the state to retry the petitioner, constitutes a final and appealable judgment, even if sentencing issues remain unresolved.
• Kennedy v. Duane Shillinger & the Attorney Gen. for the State of Wyo.
  971 F.2d 558· 10th Cir.· 1992-07-28
  The court held that the district court erred in ordering the respondents to pay the petitioner's costs and fees in the habeas corpus proceeding, as there was no statutory authority or justification for such an order.
• Griffin v. Warden, Md. Corr. Adjustment Ctr.
  970 F.2d 1355· 4th Cir.· 1992-07-28 ·via Habeas Corpus Relief
  The court held that the petitioner was denied effective assistance of counsel under the Sixth Amendment due to his attorneys' failure to investigate and present alibi witnesses, which prejudiced his defense.
• Cranford v. A.L. Lockhart
  975 F.2d 1347· 8th Cir.· 1992-07-22
  The court held that a defendant may voluntarily plead guilty even if unwilling to admit guilt, provided the plea is knowing and intelligent and there is a strong factual basis for the plea.
• Salberg v. United States
  969 F.2d 379· 7th Cir.· 1992-07-22
  The court held that the defendant's procedural defaults barred his habeas petition, as he failed to establish cause or prejudice for not raising his claims earlier, and his Paperwork Reduction Act claim failed on its merits.
• Crank v. Duckworth
  969 F.2d 363· 7th Cir.· 1992-07-22
  A prisoner's claim challenging a prior conviction used for sentence enhancement is barred by procedural default if the default resulted from the prisoner's own lack of diligence in pursuing post-conviction remedies.
• Byrnes v. Vose
  969 F.2d 1306· 1st Cir.· 1992-07-17
  The court held that the petitioner failed to exhaust state remedies and the futility exception did not apply, affirming the dismissal of his federal habeas corpus petition.
• COX v. A.L. Lockhart
  970 F.2d 448· 8th Cir.· 1992-07-16
  A voluntary and intelligent guilty plea waives non-jurisdictional defects, including speedy trial claims, and a defendant must fairly present federal claims to state courts before raising them in federal habeas corpus. Ineffective assistance of counsel claims require showing coun
• Foret v. Whitley
  965 F.2d 18· 5th Cir.· 1992-07-09
  The court held that the district court abused its discretion by not addressing the abuse of writ issue before ruling on the merits of the habeas petition.
• Butler v. State
  600 So. 2d 56· Fla. 4th DCA· 1992-07-08 ·via Writ Of Habeas Corpus
  The court held that a motion for post-conviction relief is the appropriate avenue to seek a belated appeal based on ineffective assistance of counsel for failing to file an appeal.
• Mustread v. Gilmore
  966 F.2d 1148· 7th Cir.· 1992-07-08
  The court held that the district court did not err in finding that both the defendant and his attorney were aware of the exculpatory nature of the wife's potential testimony, rendering any Brady violation harmless and the attorney's assistance effective.
• Resnover v. Linley E. Pearson
  965 F.2d 1453· 7th Cir.· 1992-06-25
  The court held that the district court did not err in denying the habeas corpus petition, affirming the denial of an evidentiary hearing and upholding the conviction and sentence.
• Johnson v. Collins
  964 F.2d 1527· 5th Cir.· 1992-06-23
  The court denied Johnson's request for a certificate of probable cause to appeal the denial of his habeas corpus petition.
• White v. Keane
  969 F.2d 1381· 2d Cir.· 1992-06-18
  The court held that retrial after a mistrial due to jury deadlock was permissible under the Double Jeopardy Clause, and the sentence imposed was not unconstitutionally harsh or the result of ineffective assistance of counsel.
• R.W. v. State
  599 So. 2d 286· Fla. 5th DCA· 1992-06-09 ·via Writ Of Habeas Corpus
• Williamson v. Parke
  963 F.2d 863· 6th Cir.· 1992-05-07
  The court held that the district court's decision could be reversed using McNeil v. Wisconsin, as Teague v. Lane does not bar its application in this context, or alternatively, by applying existing Sixth Circuit precedent in Boles v. Foltz.
• Williams v. Dahm
  963 F.2d 216· 8th Cir.· 1992-05-01
  The court held that the evidence was sufficient to support the conviction and that the petitioner failed to establish prejudice from counsel's alleged errors.
• Hackney v. Armontrout
  963 F.2d 179· 8th Cir.· 1992-04-28
  The court held that the district court did not err in denying the habeas corpus petition, as the claims of ineffective assistance of counsel and insufficient evidence lacked merit.
• Greenawalt v. Ricketts
  961 F.2d 1457· 9th Cir.· 1992-04-23
• Moss v. A.L. Lockhart
  971 F.2d 77· 8th Cir.· 1992-04-17
  The court held that the jury instructions did not improperly shift the burden of proof to the defendant and that sufficient evidence supported the conviction.
• Porter v. A.L. Lockhart
  961 F.2d 782· 8th Cir.· 1992-04-13
  The court affirmed the dismissal of the habeas petition, finding that the state courts did not err in their conclusions regarding the identification procedures, arrest, and sufficiency of evidence.
• United States v. Mondee Stracener
  959 F.2d 31· 5th Cir.· 1992-04-09
  Resentencing, rather than a new trial, is the proper remedy when a defendant is convicted of multiple overlapping offenses and some convictions are vacated due to flawed jury instructions.