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

• Tabor v. Armontrout
  930 F.2d 659· 8th Cir.· 1991-04-19
  The court held that the district court did not err in dismissing the habeas corpus petition, affirming the judgment.
• Creel v. Keene
  928 F.2d 707· 5th Cir.· 1991-04-16
  The court held that the Texas parole statute, as amended, does not create a constitutionally protected liberty interest in parole release, and therefore, the denial of parole did not violate due process.
• Felk v. Dugger
  577 So. 2d 717· Fla. 1st DCA· 1991-04-11 ·via Writ Of Habeas Corpus
  Felk appeals denial of habeas corpus relief seeking provisional credits under a statute enacted after his crimes. The court affirms the denial but certifies an ex post facto question to the Florida Supreme Court regarding whether applying a restrictive gain-time statute to inmate
• Anthanasios G. Dallis v. Martin
  929 F.2d 587· 10th Cir.· 1991-04-08 ·via Petition For Habeas Corpus Relief
  The court held that the amended penalty statute for the firearm offense was effective upon enactment, and therefore the Parole Commission correctly computed the petitioner's parole eligibility date.
• Wright v. Crispus C. NIX
  928 F.2d 270· 8th Cir.· 1991-03-18
  The court held that the petitioner failed to demonstrate prejudice under the Strickland test for ineffective assistance of counsel, as he did not show that the outcome of his trial would have been different with the excluded juror.
• Mills v. Armontrout
  926 F.2d 773· 8th Cir.· 1991-02-27 ·via Petition For Habeas Corpus Relief
  The court held that the district court properly denied the petition for habeas corpus relief, affirming the lower court's decision.
• Bianchi v. Blodgett
  925 F.2d 305· 9th Cir.· 1991-01-31
  The court held that a federal habeas corpus petition must challenge the judgment of a single state court, and a petitioner cannot challenge judgments from two different states in a single petition, even if based on an interjurisdictional plea agreement.
• Pletka v. Crispus NIX
  924 F.2d 771· 8th Cir.· 1991-01-29
  The court held that even if counsel was ineffective for failing to object to a jury instruction that omitted malice aforethought for felony murder, the petitioner failed to demonstrate prejudice under Strickland v. Washington because the outcome of the case would not likely have
• Lowe v. United States
  923 F.2d 528· 7th Cir.· 1991-01-22 ·via Habeas Corpus (28 U.S.C. § 2255)
  The government has a right to appeal a sentence reduction granted under 28 U.S.C. § 2255, and the conviction for intimidation under Illinois law qualifies as a 'violent felony' under the Armed Career Criminal Act.
• McDANIEL v. State OF Ariz.
  921 F.2d 966· 9th Cir.· 1990-12-28
  The court held that modifying a sentence to be consecutive rather than concurrent, when the overall punishment was not increased, does not violate the Double Jeopardy Clause. Furthermore, collateral estoppel does not apply to sentencing modifications.
• Sammie Clemons v. Armontrout
  921 F.2d 187· 8th Cir.· 1990-12-19
  The court affirmed the denial of the habeas corpus petition, finding that the defendant's claims regarding double jeopardy, improper guilty pleas, and ineffective assistance of counsel were meritless.
• Grant v. Hoke
  921 F.2d 28· 2d Cir.· 1990-12-14 ·via Application For Writ Of Habeas Corpus
  The court held that the denial of a severance motion did not abridge the petitioner's right to a fair trial under the fourteenth amendment, as the defenses, while antagonistic, were not so mutually exclusive that the jury had to disbelieve one to believe the other.
• Dep't of Health & Rehabilitative Servs. v. Cole
  574 So. 2d 160· Fla. 5th DCA· 1990-12-13 ·via Writ Of Habeas Corpus
  HRS appealed an order requiring it to pay attorney's fees for Ronald Cole's representation of the Guardian Ad Litem Program in a child dependency case. The court reversed, holding that HRS has no obligation to pay the fees of counsel for the Guardian Ad Litem Program because HRS
• Aiken v. Blodgett
  921 F.2d 214· 9th Cir.· 1990-12-12
  The court held that new evidence regarding decibel levels did not prove the officers heard the defendant's requests for counsel, and thus did not render the confession involuntary. The court affirmed the denial of the habeas petition.
• Chandler v. Barncastle
  919 F.2d 23· 5th Cir.· 1990-12-11
  A parole violator warrant is invalidly executed if attempted contrary to the Parole Commission's specific instructions, allowing the Commission to withdraw it.
• Thompson v. State
  570 So. 2d 423· Fla. 1st DCA· 1990-11-21 ·via Writ Of Habeas Corpus
  Percy Thompson petitioned for a writ of habeas corpus arguing that delays in his appellate briefing, caused by the public defender's office being overworked, entitled him to immediate release pending appeal. The court denied the petition, finding that the legislature had appropri
• Rael v. Sullivan
  918 F.2d 874· 10th Cir.· 1990-10-29
  The court held that the jury instructions on extortion did not violate due process because they accurately reflected New Mexico law regarding the essential elements of the crime.
• Johnson v. State OF Md.
  915 F.2d 892· 4th Cir.· 1990-10-01 ·via Habeas Corpus Relief
  The dissenting judge believes a new trial was warranted due to insufficient inquiry into potential racial prejudice among jurors.
• Vick v. Navarro
  567 So. 2d 495· Fla. 4th DCA· 1990-09-18
  In this habeas corpus petition, the Florida Fourth District Court of Appeal held that a trial court's contempt order violated due process protections because it simultaneously invoked both civil and criminal contempt findings without affording the defendant the constitutional pro
• COX v. Warden, Fed. Detention Ctr.
  911 F.2d 1111· 5th Cir.· 1990-09-17
  The court held that claims concerning sentencing errors are properly brought under § 2255, while post-sentencing errors by the Parole Commission or Bureau of Prisons are properly brought under § 2241. The denial of a motion to amend a habeas petition to add a claim for jail-time
• Smith v. Dugger
  911 F.2d 494· 11th Cir.· 1990-08-22 ·via Writ Of Habeas Corpus
  The court held that the district court erred in denying the writ of habeas corpus after finding counsel's failure to suppress confessions was unreasonable, as prior rulings established prejudice.
• Guyer v. Beard
  907 F.2d 1424· 3d Cir.· 1990-07-20
  The court held that the district court properly dismissed the inmate's habeas petition because his refusal to sign a limited power of attorney form, necessary for mail delivery and inspection, was contumacious and made adjudication impossible.
• Molaire v. Smith
  743 F. Supp. 839· S.D. Fla.· 1990-07-16
  The court held that the Board of Immigration Appeals abused its discretion by denying the motion to reopen and that the immigration judge violated the petitioner's due process rights.
• Clark v. Duckworth
  906 F.2d 1174· 7th Cir.· 1990-07-13
  The court held that the district court erred by granting habeas relief on a claim not raised by the petitioner, and that the petitioner's Dudley claim was procedurally defaulted. The case is remanded for reconsideration of the petitioner's ineffective assistance of counsel claim.
• Adolph Lott v. Lawrence
  564 So. 2d 197· Fla. 3d DCA· 1990-07-03
  Petitioner's habeas corpus petition for release based on the state's failure to timely file an information is denied as moot because the state filed the information before the court could grant relief, though the court found the state failed to demonstrate good cause for the dela
• Hamilton v. Jones
  907 F.2d 807· 8th Cir.· 1990-07-03
  The court held that the district court erred in dismissing the habeas corpus petition because the petitioner's case was not yet final when Batson v. Kentucky was decided.
• Isham v. Collins
  905 F.2d 67· 5th Cir.· 1990-06-26
  The court held that the state did not introduce sufficient evidence to support the petitioner's murder conviction beyond a reasonable doubt.
• D.M. v. Korda
  562 So. 2d 407· Fla. 4th DCA· 1990-06-06
  The Fourth District Court of Appeal granted a habeas corpus petition for a detained child, finding that the trial court had violated Florida Statutes § 39.032 by detaining the child in contravention of law, and warned that judicial immunity does not shield judges from prospective
• Wilson v. (Warden) C.E. Jones & The Attorney Gen. of the State of Ala.
  902 F.2d 923· 11th Cir.· 1990-06-05
  The court held that the defendant did not procedurally default his Batson claim in state court because the state's appellate brief argued the merits of the claim, not a procedural bar.
• Rodriquez v. Scully
  905 F.2d 24· 2d Cir.· 1990-05-29
  A district court should not issue a certificate of probable cause unless the petitioner demonstrates both that the petition is not frivolous and that it presents a question deserving of appellate review.
• Carbray v. Champion
  905 F.2d 314· 10th Cir.· 1990-05-25 ·via Habeas Corpus Relief
  The modification of the appellant's sentence by the Oklahoma Court of Criminal Appeals did not violate the Due Process Clause, as the state appellate court had the authority under state law to exercise its discretion and modify the jury's sentence.
• Joiner v. Henman
  902 F.2d 1251· 7th Cir.· 1990-05-21
  The court held that supplemental parole violator warrants were validly issued and that time served on a state sentence is credited only for reparole guideline purposes, not against the expiration of the federal sentence.
• Jolly v. State
  571 So. 2d 7· Fla. 2d DCA· 1990-05-18 ·via Writ Of Habeas Corpus
• R.C. v. Fryer
  561 So. 2d 31· Fla. 4th DCA· 1990-05-16 ·via Writ Of Habeas Corpus
• Manning v. Crispus NIX
  901 F.2d 671· 8th Cir.· 1990-04-19
  The court held that the denial of funds for an investigator was not reversible error absent evidence of prejudice, and that having a married couple serve on a jury does not per se violate constitutional rights.
• Thompson v. Purkett
  901 F.2d 670· 8th Cir.· 1990-04-18
  The court affirmed the denial of the petition for writ of habeas corpus, finding the appellant failed to meet the standard for ineffective assistance of counsel.
• Risken v. United States
  899 F.2d 728· 8th Cir.· 1990-03-29 ·via Writ Of Habeas Corpus
  The court held that the district court correctly denied the appellant's motions to correct his presentence investigation report and his sentence, as the claims were either not properly raised or had already been rejected on direct appeal.
• Robinson v. United States
  897 F.2d 903· 7th Cir.· 1990-03-20
  The court held that a defendant's decision to make an unsworn statement to the jury during closing arguments, even if it contained incriminating admissions and contradicted his attorney's defense strategy, did not constitute a waiver of his Sixth Amendment right to counsel when h
• Anderson v. United States
  898 F.2d 751· 9th Cir.· 1990-03-19
  The court affirmed the district court's denial of the habeas petition, finding no merit to the petitioner's claims regarding his federal sentence, due process, or custodial status.
• Rayburn Paulk v. Braxton
  562 So. 2d 699· Fla. 1st DCA· 1990-02-26 ·via Writ Of Habeas Corpus
  The court held that incarceration for civil contempt was improper because the arrearage had been reduced to judgment, making incarceration an unavailable remedy, and because the order for incarceration was oral.
• Simmons v. Christensen
  894 F.2d 1041· 9th Cir.· 1990-01-18
  The Bureau of Prisons' rejection of a Parole Commission's recommendation to reduce a sentence under 18 U.S.C. § 4205(g) did not violate the prisoner's constitutional rights, and federal courts lack jurisdiction to review such decisions.
• Larrinaga v. State
  554 So. 2d 1233· Fla. 5th DCA· 1990-01-11 ·via Habeas Corpus Relief
• Brown v. Dixon
  891 F.2d 490· 4th Cir.· 1989-12-11
  A state may use peremptory challenges to exclude jurors with reservations about the death penalty, and a defense attorney's concessions of guilt and aggravating circumstances during the penalty phase, given the jury's prior guilty verdict, can constitute reasonable advocacy.
• In the Interest of D.A.T. v. Coler
  552 So. 2d 319· Fla. 2d DCA· 1989-11-17 ·via Writ Of Habeas Corpus
  A juvenile adjudicated delinquent and committed to the Department of Health and Rehabilitative Services sought mandamus to compel HRS to place him in a commitment program within five days as required by Florida statute. The court granted the petition, holding that HRS must comply
• In the Interest of T.J.D. v. Coler
  555 So. 2d 1245· Fla. 2d DCA· 1989-11-15 ·via Writ Of Habeas Corpus
  A juvenile adjudicated delinquent and committed to HRS seeks mandamus relief to compel HRS to place him in a commitment program rather than continuing detention. The court holds that section 959.12, Florida Statutes requires HRS to remove juveniles from detention and place them i
• In the Interest of M.A. v. Coler
  555 So. 2d 1247· Fla. 2d DCA· 1989-11-15 ·via Writ Of Habeas Corpus
  A juvenile committed to the Department of Health and Rehabilitative Services (HRS) sought mandamus relief to compel HRS to comply with Florida Statute 959.12, which requires placement in a commitment program within five days of commitment. The court granted the petition and order
• Snethen v. Crispus NIX
  885 F.2d 456· 8th Cir.· 1989-09-15
  The court affirmed the denial of the habeas petition, finding no violation of federal constitutional rights regarding the admission of the psychiatrist's testimony, the inculpatory statements made after requesting counsel, or the sufficiency of evidence for sanity.
• T.J. Hayes v. A.L. Lockhart
  881 F.2d 1451· 8th Cir.· 1989-08-16
  The Eighth Amendment prohibits the state from submitting evidence of a victim's personal qualities to the jury during sentencing.
• Adams v. Dugger
  547 So. 2d 344· Fla. 1st DCA· 1989-08-15 ·via Writ Of Habeas Corpus
  Two inmates challenged their disciplinary confinement and forfeiture of gain time imposed by the Florida Department of Corrections, arguing the disciplinary rule was unconstitutional, the finding lacked evidentiary support, the hearing procedure was deficient, and a team member w
• Singer v. Court OF Common Pleas
  879 F.2d 1203· 3d Cir.· 1989-07-19
  The court held that the warrantless entry into Singer's home was not justified by exigent circumstances, rendering the aggravated assault conviction unconstitutional. It also held that Singer was denied effective assistance of counsel for the simple assault charges.