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

• Cary R. Ortberg v. Russel Moody
  961 F.2d 135· 9th Cir.· 1992-04-03
  A request for a Certificate of Probable Cause can serve as a notice of appeal, and a nolo contendere plea bars challenges to pre-plea constitutional violations not related to the plea's voluntariness.
• Closs v. Leapley
  959 F.2d 99· 8th Cir.· 1992-03-17
  The district court erred in summarily denying the habeas petition without independently reviewing the state trial court record.
• Seibert v. Dugger
  595 So. 2d 1083· Fla. 1st DCA· 1992-03-17
  Michael Seibert, an inmate, appealed the denial of his petition for writ of mandamus challenging his disciplinary hearing. The court reversed in part, finding that the trial court erred in summarily denying his claim that a correctional officer's presence and participation at his
• Fischer v. Powers
  957 F.2d 609· 8th Cir.· 1992-02-26 ·via Application For Writ Of Habeas Corpus
  The admission of a certified laboratory report into evidence, even without the direct testimony of the analyst, does not violate the Sixth Amendment confrontation clause when the state provides a mechanism for the defendant to subpoena the analyst.
• Dulin v. Cook
  957 F.2d 758· 10th Cir.· 1992-02-18 ·via Writ Of Habeas Corpus
  The court held that a prisoner's claim of lack of access to state appellate rules due to incarceration in another state may constitute 'cause' for procedural default, requiring further factual inquiry.
• Matney v. Armontrout
  956 F.2d 824· 8th Cir.· 1992-02-11
  The court held that police deception of an attorney attempting to contact a suspect does not violate the suspect's constitutional rights if the suspect voluntarily waives their rights. It also held that alleged errors by trial counsel did not constitute ineffective assistance of
• Linwood Fields v. Keohane
  954 F.2d 945· 3d Cir.· 1992-01-28
  The court held that the District of Columbia Good Time Credits Act, by its terms, applies only to prisoners confined in a District correctional facility, and therefore, prisoners convicted under District law but serving sentences in federal facilities are not entitled to its bene
• Frassetto v. Perrill
  955 F.2d 176· 2d Cir.· 1992-01-28
  The court held that adverse information not previously considered by the Parole Commission qualifies as 'new' under 28 C.F.R. § 2.28(f), justifying a reconsideration hearing.
• Johnson v. Bart Ross
  955 F.2d 178· 2d Cir.· 1992-01-28 ·via Writ Of Habeas Corpus
  Any error in admitting clothing identification was harmless beyond a reasonable doubt, making it unnecessary to decide the constitutional issue of taint.
• Strausser v. State
  592 So. 2d 375· Fla. 3d DCA· 1992-01-28 ·via Writ Of Habeas Corpus
  Kenneth Strausser appealed the trial court's denial of his motion to correct an illegal sentence following his guilty plea to second-degree murder and armed robbery. Strausser argued that he did not knowingly waive his right to appeal the upward departure sentence and that the la
• Bell v. Baker
  954 F.2d 400· 6th Cir.· 1992-01-23 ·via Writ Of Habeas Corpus
  The court held that the Sixth Amendment, as interpreted by the Supreme Court in Holland v. Illinois, does not prohibit the exclusion of cognizable groups from a petit jury through peremptory challenges.
• Stano v. Singletary
  952 F.2d 1273· 11th Cir.· 1992-01-22
  The Eleventh Circuit granted Stano's motion to remand his habeas corpus petition to allow him to amend it with a newly discovered conflict of interest claim regarding his trial counsel, following the Florida Supreme Court's ruling in Herring v. State that such defendants are enti
• Stewart v. Davies
  954 F.2d 515· 8th Cir.· 1992-01-21
  The court held that a prisoner transferred to another state under the Interstate Corrections Compact does not have a constitutional liberty interest in participating in rehabilitative programs or a possibility of parole, nor is such a transfer a violation of due process.
• Garrett v. Collins
  951 F.2d 57· 5th Cir.· 1992-01-06
  The court held that a prisoner's belief that supernatural intervention will prevent his execution does not render him incompetent to be executed under the Ford v. Wainwright standard.
• Mendyk v. State
  592 So. 2d 1076· Fla.· 1992-01-02 ·via Writ Of Habeas Corpus
  Todd Mendyk appeals the denial of his motion for post-conviction relief under Florida Rule of Criminal Procedure 3.850 and petitions for habeas corpus following his conviction for first-degree murder, kidnapping, and sexual battery, and subsequent death sentence. The Florida Supr
• Nylon Vick v. A.L. Lockhart
  952 F.2d 999· 8th Cir.· 1991-12-26
  The court held that a remand is necessary to determine the timing of Miranda warnings and for an evidentiary hearing on ineffective assistance of counsel claims.
• Hogan v. State OF Iowa
  952 F.2d 224· 8th Cir.· 1991-12-24
  A federal court lacks jurisdiction to entertain a habeas corpus petition if the sentence for the challenged conviction has completely expired, even if that conviction was used to enhance a subsequent sentence.
• Love v. Butler
  952 F.2d 10· 1st Cir.· 1991-12-19
  The court held that the district court properly dismissed the habeas corpus petition because the bail-jumping statute was not unconstitutionally vague as applied, and the petitioner's other claims lacked merit.
• Elam v. Crispus C. NIX
  951 F.2d 890· 8th Cir.· 1991-12-11 ·via Application For Writ Of Habeas Corpus
  The court held that a jury instruction creating a permissive inference of malice aforethought, even with potentially problematic language, did not violate due process because it did not impermissibly shift the burden of proof and any error was harmless beyond a reasonable doubt.
• Smith v. Kolb
  950 F.2d 437· 7th Cir.· 1991-12-06 ·via Writ Of Habeas Corpus
  The court held that the exclusion of the DNR witness testimony did not violate the defendant's Sixth Amendment right to present a defense, and his claims of ineffective assistance of counsel were also without merit.
• Chadwick v. State of Iowa
  951 F.2d 863· 8th Cir.· 1991-11-27
• Bunch v. Thompson
  949 F.2d 1354· 4th Cir.· 1991-11-27
  The dissenting judge argues that the Supreme Court's decision in Edwards established a clear, bright-line rule that once a suspect invokes their right to counsel, any subsequent waiver must be initiated by the suspect, and this rule was not altered by later cases like Solem.
• Shackelford v. Armontrout
  950 F.2d 521· 8th Cir.· 1991-11-22 ·via Habeas Corpus Relief
  A state prisoner cannot excuse procedural default based on ineffective post-conviction counsel.
• G.W. Green v. Collins
  947 F.2d 1230· 5th Cir.· 1991-11-09
  The court denied the request for a stay of execution and a certificate of probable cause, finding no colorable claims for federal habeas relief.
• Treadwell v. A.L. Lockhart
  948 F.2d 453· 8th Cir.· 1991-11-01
  The court affirmed the dismissal of the habeas corpus petition, finding the competency claim without merit even if preserved.
• Whatley v. Morrison
  947 F.2d 869· 8th Cir.· 1991-10-25 ·via Writ Of Habeas Corpus
  A state prisoner must exhaust state remedies before seeking federal habeas relief for an out-of-state detainer, but such dismissal should be without prejudice.
• Derric Morrison v. State OF Mo.
  946 F.2d 1340· 8th Cir.· 1991-10-09
  The court held that the prosecutor's conduct, while reprehensible, was not intended to provoke the defendant into moving for a mistrial, thus double jeopardy does not bar retrial.
• Micheaux v. Collins
  944 F.2d 231· 5th Cir.· 1991-10-09
  The court held that federal habeas courts are not bound by state habeas trial court findings if not adopted by the final state decisionmaker and are inconsistent with it.
• Wilson v. Hoke
  945 F.2d 1250· 2d Cir.· 1991-10-01 ·via Writ Of Habeas Corpus
  The court held that the petitioner failed to establish a prima facie case of discriminatory jury selection under Batson v. Kentucky due to an insufficient record and lack of a timely, cognizable objection.
• Wilson v. C.M. Lensing and Attorney General of Louisiana
  943 F.2d 9· 5th Cir.· 1991-09-27
  The court held that the retroactive application of Louisiana's amended statute allowing sentencing on habitual offender bills after an appeal order did not constitute an ex post facto violation.
• Spence v. Crispus C. NIX
  945 F.2d 1030· 8th Cir.· 1991-09-24 ·via Writ Of Habeas Corpus
  The court held that although counsel was deficient in failing to file a motion to arrest judgment, the petitioner could not show prejudice because his guilty pleas were voluntary and he would not have succeeded on appeal.
• Harmon v. Ryan
  944 F.2d 465· 9th Cir.· 1991-09-20
  The court held that the district court erred in sua sponte dismissing the habeas petition for failure to exhaust state remedies, as it was not clear from the face of the petition that state remedies were unexhausted.
• Eldridge Payton v. Whitley
  941 F.2d 1321· 5th Cir.· 1991-09-19
  The court held that the petitioner failed to raise a genuine issue of fact regarding the sentencing judge's knowledge of sentencing discretion, thus an evidentiary hearing was not required.
• Mayfield v. Klevenhagen
  941 F.2d 346· 5th Cir.· 1991-09-12
  The court held that the dismissal of Mayfield's actions and the imposition of sanctions were proper because he attempted to circumvent prior court orders by filing frivolous suits in an improper venue.
• Escobar v. O'Leary
  943 F.2d 711· 7th Cir.· 1991-09-10
  The court held that a retrial after a mistrial declared due to jury bias and deadlock is permissible under the manifest necessity doctrine, even if the defendant did not explicitly consent to the mistrial. The court also held that the mention of polygraph evidence did not render
• Usher v. Jones
  943 F.2d 889· 8th Cir.· 1991-09-05
  The court held that the evidence was sufficient to support the conviction and that the admission of the defendant's notes did not violate due process.
• State v. Hunt
  584 So. 2d 228· Fla. 5th DCA· 1991-08-22 ·via Writ Of Habeas Corpus
  Extradition is permissible even if the accused was not physically present in the demanding state when the crime was committed, provided the acts intentionally resulted in a crime there.
• Wing v. Sargent
  940 F.2d 1189· 8th Cir.· 1991-08-08
  The court held that trial counsel's strategic decisions and failure to interview certain witnesses did not constitute ineffective assistance of counsel under the Strickland standard.
• In the Interest of P.A.G. v. M.G.
  584 So. 2d 600· Fla. 2d DCA· 1991-07-31 ·via Habeas Corpus Proceedings
  The Florida Department of Health and Rehabilitative Services appeals an order unsealing adoption records to disclose the adoptive parents' names to the child's natural mother. The court reverses and remands, holding that the trial court failed to conduct a full evidentiary hearin
• Gov't of Jamaica v. United States
  770 F. Supp. 627· M.D. Fla.· 1991-07-31 ·via Writ Of Habeas Corpus
  The court held that the petition for writ of habeas corpus and injunctive relief must be denied because there was no violation of Jamaican law or the Extradition Treaty, and deference is owed to the Executive Branch's determination regarding the return of the individual.
• ST. Germaine v. Cir. Court FOR Vilas Cnty.
  938 F.2d 75· 7th Cir.· 1991-07-23
  The court held that Wisconsin has jurisdiction to enforce its traffic laws against an enrolled tribal member on his reservation because the offense is criminal and prohibitory, not merely regulatory, under Public Law 280.
• Rollins v. Leonardo
  938 F.2d 380· 2d Cir.· 1991-07-17
  The court affirmed the denial of the habeas corpus petition, finding no merit in the appellant's claims.
• Lucio G. Rivera v. Collins
  934 F.2d 658· 5th Cir.· 1991-06-28
  The court held that the petitioner's claims of ineffective assistance of counsel and violations of his rights of silence and counsel due to psychiatric examinations were without merit, and thus affirmed the denial of his habeas corpus petition.
• Adolph Lott v. State
  581 So. 2d 162· Fla.· 1991-06-20 ·via Writ Of Habeas Corpus
• Dickerson v. Guste
  932 F.2d 1142· 5th Cir.· 1991-06-11
  The court held that the time spent in federal prison under a state detainer does not count towards the speedy trial period, and denial of motions for a new trial and an investigator did not violate constitutional rights.
• Miller v. Barberton Mun. Court
  935 F.2d 775· 6th Cir.· 1991-06-07 ·via Habeas Corpus Relief
  The court held that the evidence was constitutionally insufficient to support a conviction for criminal recklessness under the applicable statute.
• Mustelier v. Dugger
  579 So. 2d 353· Fla. 3d DCA· 1991-05-14 ·via Writ Of Habeas Corpus
  Salvador Mustelier seeks habeas corpus relief claiming his appellate counsel was ineffective for failing to raise the omission of a jury instruction on second degree murder as a lesser included offense in his first degree felony murder conviction. The court holds that such an ins
• Campbell v. Warden Gary Henman
  931 F.2d 1212· 7th Cir.· 1991-05-09
  The court held that the district court erred by failing to determine if exculpatory evidence existed and by not conducting an in camera review of the entire investigatory file. The court also clarified that failing to use a staff representative does not waive an inmate's right to
• Penn v. Attorney Gen. OF THE State OF Ala.
  930 F.2d 838· 11th Cir.· 1991-05-06
  The court held that even if the Jefferson County juvenile statute was unconstitutional, the appellant suffered no prejudice and his prior convictions were validly used for sentence enhancement.
• Herman v. Butterworth
  929 F.2d 623· 11th Cir.· 1991-04-25 ·via Writ Of Habeas Corpus
  The court held that the admission of Exhibit 56, a summary of inadmissible confessions, was not prejudicial to the defendant's case, and therefore, counsel's failure to object did not constitute ineffective assistance of counsel.