Habeas Corpus Petition

4,115 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

• Kirkpatrick v. Blackburn
  777 F.2d 272· 5th Cir.· 1985-11-26 ·cited 36×
  The court denied the petition for rehearing, finding that the prosecutor's remarks, when viewed as a whole, did not deny the defendant due process.
• Stevenson v. Lanson Newsome
  774 F.2d 1558· 11th Cir.· 1985-11-04 ·cited 36×
  The court held that the petitioner failed to demonstrate ineffective assistance of counsel, either due to a conflict of interest or the attorney's failure to object to evidence, as required for habeas corpus relief.
• Hawkins v. LeFEVRE
  758 F.2d 866· 2d Cir.· 1985-04-01 ·cited 36×
  The court held that a trial judge's inquiry into a defendant's post-arrest silence, even before the District Attorney or Grand Jury, violates due process, and such a violation, given the scant evidence, was not harmless error.
• Solomon v. Kemp
  735 F.2d 395· 11th Cir.· 1984-06-12 ·cited 36×
  The court affirmed the denial of habeas corpus relief, finding no constitutional error in the prosecutor's comments, the assistance of counsel, the jury instructions, or the exclusion of a juror.
• Potts v. Zant
  734 F.2d 526· 11th Cir.· 1984-05-29 ·cited 36×
  The court held that a prosecutor's misrepresentation of state law regarding jury sentimentality was improper and potentially unconstitutional.
• Williams v. Duckworth
  724 F.2d 1439· 7th Cir.· 1984-01-05 ·cited 36×
  A federal court may not consider a habeas claim that a state prisoner has waived by failing to raise it in state court proceedings, absent a showing of 'cause' for the failure and 'prejudice' resulting therefrom.
• Corgain v. H.G. Miller and Norman Carlson
  708 F.2d 1241· 7th Cir.· 1983-05-27 ·cited 36×
  The court held that while transfers did not divest jurisdiction, they mooted claims regarding prison conditions unless capable of repetition yet evading review. It also held that prisoners have a constitutional right to access courts, but this can be satisfied by alternatives to
• Raper v. Mintzes
  706 F.2d 161· 6th Cir.· 1983-04-27 ·cited 36×·via Habeas Corpus Relief
  The prosecutor's comments on the uncontradicted nature of the evidence did not violate the petitioner's right against self-incrimination because the evidence could have been contradicted by sources other than the petitioner, and the comments were a permissible rebuttal to defense
• Martin-Trigona v. Shiff
  702 F.2d 380· 2d Cir.· 1983-03-09 ·cited 36×
• Sammie Felder, Jr. v. W.J. Estelle, Jr.
  693 F.2d 549· 5th Cir.· 1982-12-14 ·cited 36×·via Application For Writ Of Habeas Corpus
  A state sovereign, through authorized representatives, can waive the habeas exhaustion requirement, as comity serves the state's sovereign interest.
• Stevens v. Heard
  674 F.2d 320· 5th Cir.· 1982-04-23 ·cited 36×
  The court held that a Certificate of Probable Cause, timely received by the clerk but not filed within 30 days, could suffice as a notice of appeal if it clearly evinced intent to appeal, allowing the court to reach the merits. It also held that claims challenging the fact or len
• Hawkman v. Parratt
  661 F.2d 1161· 8th Cir.· 1981-10-14 ·cited 36×
  The court held that a defendant's attorney's failure to adequately investigate facts, inform the defendant of charges and consequences, and initiate plea negotiations constitutes ineffective assistance of counsel, warranting habeas corpus relief.
• Warren v. United States Parole Comm'n
  659 F.2d 183· D.C. Cir.· 1981-07-01 ·cited 36×
  The district court improperly dismissed the pro se complaint under 28 U.S.C. § 1915(d) without allowing the prisoner an opportunity to develop a record.
• Vagner v. Louie L. Wainwright
  398 So. 2d 448· Fla.· 1981-05-07 ·cited 36×·via Writ Of Habeas Corpus
  The Florida Supreme Court held that ineffective assistance claims based on inadequacy or incompetence of retained counsel are cognizable grounds for challenging convictions, overruling prior precedent that had barred such claims. The court rejected distinctions between retained a
• Graham v. Mabry
  645 F.2d 603· 8th Cir.· 1981-04-03 ·cited 36×
  The court held that the petitioner failed to establish sufficient cause for not challenging a juror for cause or using a peremptory challenge, and thus could not raise the issue on federal habeas corpus. The court also held that the pretrial publicity did not render the jury impa
• Jones v. Estelle
  622 F.2d 124· 5th Cir.· 1980-07-21 ·cited 36×·via Habeas Corpus Relief
  The court affirmed the denial of the habeas corpus petition, finding no constitutional error in the state court proceedings.
• United States ex rel. Clinton Burnett v. People OF the State OF Ill.
  619 F.2d 668· 7th Cir.· 1980-04-22 ·cited 36×
  The court held that the petitioner's claims of due process violations based on an eleven-member jury, knowing use of perjured testimony, and prosecutorial misconduct were without merit.
• Martinez v. Estelle
  612 F.2d 173· 5th Cir.· 1980-02-20 ·cited 36×
  The court held that the trial court's failure to make a clear and reliable determination of the voluntariness of the confession, as required by Jackson v. Denno, violated due process.
• Harris v. Young
  607 F.2d 1081· 4th Cir.· 1979-10-19 ·cited 36×
  A mistrial declared sua sponte by the judge due to discovery noncompliance, without considering less drastic alternatives, was not supported by manifest necessity. Therefore, a subsequent retrial and conviction violated the Double Jeopardy Clause.
• Wilson v. Fogg
  571 F.2d 91· 2d Cir.· 1978-01-19 ·cited 36×
  A state prisoner petitioning for a writ of habeas corpus must exhaust state remedies by presenting the same claim to state courts that is urged in federal court.
• United States ex rel. Melvin Sanders 75551-158 v. Arnold
  535 F.2d 848· 3d Cir.· 1976-05-14 ·cited 36×
  The court held that the doctrine of exhaustion of administrative remedies should not be applied in this case because its purposes are not served by requiring the petitioner to exhaust administrative remedies for purely legal questions that do not require agency expertise.
• Rodriguez v. McGINNIS
  456 F.2d 79· 2d Cir.· 1972-01-25 ·cited 36×
  The court affirmed the district court's orders releasing petitioners, holding that their claims for good behavior time credit were properly considered under the habeas corpus statute, which requires exhaustion of state remedies.
• Smith v. Smith
  454 F.2d 572· 5th Cir.· 1971-12-14 ·cited 36×
  The court grants the petitioner the benefit of its decision, even if the issue of retroactive application is not considered.
• Wellnitz v. Bay H. Page
  420 F.2d 935· 10th Cir.· 1970-01-26 ·cited 36×
  An erroneous sentence estimate by defense counsel, or a defendant's erroneous expectation based on such an estimate, does not render a guilty plea involuntary.
• United States ex rel. Edwin Gockley v. Myers
  411 F.2d 216· 3d Cir.· 1969-04-30 ·cited 36×
  The court held that exceptional circumstances, including significant delay and prior federal court involvement, warranted the District Court deciding the voluntariness of the petitioner's confessions, despite the general rule of exhausting state remedies.
• Gale H. Johnson v. Bennett
  386 F.2d 677· 8th Cir.· 1967-11-28 ·cited 36×
  The court held that the defendant's conviction was not tainted by the knowing use of perjured testimony, suppression of evidence, or an erroneous alibi instruction, and thus affirmed the denial of habeas corpus relief.
• Buchanan v. Olin G. Blackwell
  372 F.2d 451· 5th Cir.· 1967-02-15 ·cited 36×
  The court held that the Parole Board's authority to issue a warrant for a mandatory releasee is not vitiated by a delay in its execution, as long as the warrant was issued within the maximum term of the original sentence.
• Davis v. The Honorable James H. Davis
  361 F.2d 770· 5th Cir.· 1966-05-31 ·cited 36×
  The court held that the systematic exclusion of Negroes from jury service, evidenced by the jury commissioners' failure to familiarize themselves with qualified Negro jurors, rendered the grand and petit jury selection processes unconstitutional. The court also found that the adm
• Colliflower v. Garland
  342 F.2d 369· 9th Cir.· 1965-02-04 ·cited 36×·via Writ Of Habeas Corpus
  The district court erred in quashing the writ of habeas corpus, as federal courts do have jurisdiction to inquire into the legality of imprisonment by tribal courts.
• Petition for Writ of Habeas Corpus for Walter J. Sawyer. Walter J. Sawyer v. Barczak
  229 F.2d 805· 7th Cir.· 1956-01-12 ·cited 36×
  The court held that the exclusion of attorney-client communication offered to show a crime was error, but it was not prejudicial because the testimony was cumulative and did not prove the prosecutor's knowledge of perjury. The court also held that the petitioner was not denied a
• Stewart v. Overholser
  186 F.2d 339· D.C. Cir.· 1950-11-09 ·cited 36×·via Writ Of Habeas Corpus
  The court held that a substantial passage of time (twenty months) since a prior determination of mental incompetency, coupled with continued institutionalization, presents a new factual issue of present sanity, requiring a hearing on a habeas corpus petition.
• Rimmer v. State
  59 So. 3d 763· Fla.· 2010-12-16 ·cited 35×
  Robert Rimmer appeals the circuit court's denial of postconviction relief and petitions for habeas corpus following his conviction and death sentence for two murders during an armed robbery. The Florida Supreme Court affirms the denial of postconviction relief and denies the habe
• Rutherford v. McDONOUGH
  466 F.3d 970· 11th Cir.· 2006-10-05 ·cited 35×
  The Eleventh Circuit affirmed the district court's dismissal of Arthur Rutherford's § 1983 lawsuit challenging Florida's three-drug lethal injection protocol. Despite the Supreme Court's decision in Hill v. McDonough, which rendered one of the district court's dismissal grounds i
• Lamarca v. State
  931 So. 2d 838· Fla.· 2006-04-20 ·cited 35×·via Writ Of Habeas Corpus
  Anthony Lamarca was convicted of first-degree murder and sentenced to death after representing himself during the penalty phase and waiving mitigation evidence. On post-conviction review, the Florida Supreme Court affirmed the denial of his Rule 3.851 motion and petition for habe
• Lenson A. Hargrave v. Dugger
  832 F.2d 1528· 11th Cir.· 1987-11-13 ·cited 35×
  The court held that federal courts should proceed to the merits of a Lockett claim if Florida courts have indicated they will not apply procedural default rules to such claims.
• Lincoln v. Franklin Y.K. Sunn
  807 F.2d 805· 9th Cir.· 1987-01-06 ·cited 35×
  The court held that the district court erred in denying habeas corpus relief without an evidentiary hearing and lacked sufficient findings to affirm the denial. The court reversed and remanded for further proceedings on prosecutorial misconduct and notice issues.
• Hayes v. Kincheloe
  784 F.2d 1434· 9th Cir.· 1986-03-19 ·cited 35×·via Writ Of Habeas Corpus
  A guilty plea is involuntary if the defendant does not receive actual notice of the true nature of the charge against him or possess an understanding of the law in relation to the facts.
• Barber v. Ponte
  772 F.2d 982· 1st Cir.· 1985-04-04 ·cited 35×
  The dissenting judge believes the majority opinion is unsupported by law or the record.
• Ross v. Kemp
  756 F.2d 1483· 11th Cir.· 1985-03-25 ·cited 35×·via Habeas Corpus Relief
• Gibson v. Zant
  705 F.2d 1543· 11th Cir.· 1983-05-31 ·cited 35×
  The court held that the district court correctly granted the writ of habeas corpus because the petitioner's grand and trial juries were drawn from a venire that unconstitutionally excluded women and blacks.
• Washington v. Strickland
  673 F.2d 879· 5th Cir.· 1982-04-23 ·cited 35×·via Habeas Corpus Proceedings
  The court held that a defendant's attorney's tactical decisions, even if unsuccessful in retrospect, do not constitute ineffective assistance of counsel if they were reasoned professional judgments.
• Boyd v. Estelle
  661 F.2d 388· 5th Cir.· 1981-11-13 ·cited 35×
  The court held that the appellant failed to demonstrate either a serious default by his trial counsel or prejudice to the fairness of his trial, thus rejecting his Sixth Amendment claim.
• Bryson v. State OF Ala.
  634 F.2d 862· 5th Cir.· 1981-01-20 ·cited 35×·via Habeas Corpus Relief
  The erroneous admission of evidence of a prior conviction and escape, while not fundamentally unfair for the conviction itself due to overwhelming evidence of guilt, was a crucial factor in the jury's sentencing decision, thus entitling the petitioner to habeas corpus relief from
• Baxter v. Estelle
  614 F.2d 1030· 5th Cir.· 1980-04-03 ·cited 35×
  The court affirmed the denial of habeas corpus relief, finding that claims related to prison disciplinary proceedings were unexhausted, claims regarding prior convictions were barred by laches, and the claim challenging a statutory presumption lacked standing due to a guilty plea
• Leonard v. Louie L. Wainwright
  601 F.2d 807· 5th Cir.· 1979-08-29 ·cited 35×
  The court held that a federal habeas corpus petition was properly dismissed without prejudice for failure to exhaust state remedies, as indicated by the petitioner's own response on the application form.
• Thomas v. Savage
  513 F.2d 536· 5th Cir.· 1975-05-23 ·cited 35×
  The court held that the introduction of a prior uncounseled misdemeanor conviction at the punishment stage of a felony trial, even if constitutionally invalid, can be harmless error if the state proves beyond a reasonable doubt that it did not affect the sentence imposed.
• United States ex rel. William Stanbridge v. Zelker
  514 F.2d 45· 2d Cir.· 1975-04-15 ·cited 35×·via Writ Of Habeas Corpus
  The court held that the district judge erred in granting a writ of habeas corpus based on the Bruton rule, as the confessions of co-defendants interlocked and did not violate the petitioner's Sixth Amendment rights. The court affirmed the denial of the other habeas corpus claims.
• Pugh v. Rainwater
  483 F.2d 778· 5th Cir.· 1973-08-15 ·cited 35×·via Writ Of Habeas Corpus
  The court held that the Fourteenth Amendment requires arrestees held for trial upon informations filed by the state attorney to be afforded preliminary hearings before a judicial officer without unnecessary delay, and that Florida's practice of allowing the state attorney's certi
• Griffin v. State
  114 So. 3d 890· Fla.· 2013-05-16 ·cited 34×·via Writ Of Habeas Corpus
  Michael Joseph Griffin, convicted of two counts of first-degree murder and sentenced to death, appealed his conviction and sentence, raising claims of ineffective assistance of counsel regarding his guilty plea and penalty phase, Brady violations, and sentence disparity. The Flor
• Johnson v. State
  44 So. 3d 198· Fla. 4th DCA· 2010-09-15 ·cited 34×·via Writ Of Habeas Corpus
  The court held that the appellant's post-conviction petition and subsequent appeal were frivolous, abusive, and not brought in good faith, warranting referral for disciplinary procedures.