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

• Buck v. Herb Maschner
  878 F.2d 344· 10th Cir.· 1989-07-03 ·via Writ Of Habeas Corpus
  The introduction of evidence from a prior trial where the defendant was acquitted violates the Fifth Amendment's guarantee against double jeopardy, as embodied by the doctrine of collateral estoppel.
• Salerno v. United States
  878 F.2d 317· 9th Cir.· 1989-06-29 ·via Writ Of Habeas Corpus
  The court held that the appellant did not demonstrate special circumstances justifying bail pending appeal of an extradition certification denial.
• Rossbach v. United States
  878 F.2d 1088· 8th Cir.· 1989-06-29
  The court held that the district court properly denied the appellant's petition for a writ of habeas corpus.
• Poynor v. U.S. Parole Comm'n
  878 F.2d 275· 9th Cir.· 1989-06-23
  A petitioner is not entitled to habeas corpus relief for delay in dispositional review of a parole detainer or for delay in a parole revocation hearing unless prejudice is shown.
• Istvan Kele v. Carlson
  877 F.2d 775· 9th Cir.· 1989-06-08 ·via Petition For Habeas Corpus Relief
  The court held that while the Parole Commission's discretion is broad, it is bound by its own regulations, allowing review for violations of those regulations.
• Taylor v. T.H. Bigham
  543 So. 2d 884· Fla. 1st DCA· 1989-06-02 ·via Writ Of Habeas Corpus
• Julius v. Jones
  875 F.2d 1520· 11th Cir.· 1989-05-31
  The court held that while the prosecution should have produced all interviews of a witness under Brady v. Maryland, the suppression did not warrant a new trial because there was no reasonable probability that the outcome would have been different. The court also found that previo
• Felts v. Estelle
  875 F.2d 785· 9th Cir.· 1989-05-30 ·via Writ Of Habeas Corpus
  The court held that compelling an indigent defendant to stand trial in prison garb due to financial inability to obtain other attire violates the due process clause.
• Sheppard v. State OF La. Bd. OF Parole
  873 F.2d 761· 5th Cir.· 1989-04-27 ·via Habeas Corpus Proceedings
  The court held that a prisoner's civil rights claims challenging parole supervision fees as an ex post facto violation should not be dismissed prematurely and may require a stay or dismissal without prejudice pending habeas corpus exhaustion.
• McVEIGH v. Smith
  872 F.2d 725· 6th Cir.· 1989-04-11
  The Sixth Amendment right to counsel does not attach prior to a decision to submit to a blood-alcohol test, and refusal to take such a test is not protected by the Fifth Amendment privilege against self-incrimination.
• Houston v. A.L. Lockhart
  866 F.2d 264· 8th Cir.· 1989-01-27
  The court held that the district court did not err in finding the in-custody statement voluntary and admissible for impeachment purposes, and any error was harmless.
• Castillo-Sicairos v. United States Parole Comm'n
  866 F.2d 262· 8th Cir.· 1989-01-25
  The court held that the Parole Commission did not abuse its discretion by considering information from dismissed counts when calculating the offense severity rating, and that the plea agreement did not prohibit such consideration.
• Hopkinson v. Shillinger
  866 F.2d 1185· 10th Cir.· 1989-01-23
  The dissenting judge would hold that the prosecutor's argument violated Caldwell v. Mississippi, diminishing the jury's sense of responsibility, and that a strict standard of review requires vacating the death sentence.
• Kelly v. Risley
  865 F.2d 201· 9th Cir.· 1989-01-09
  The court held that the majority miscalculates parole eligibility for the second (escape) sentence by not adhering to the completion requirement of MAR § 20.25.304(3).
• Goodman v. Meko
  861 F.2d 1259· 11th Cir.· 1988-12-19
  The court held that the statute requiring mandatory release after serving two-thirds of a sentence applies to the remaining portion of the sentence at the time of reincarceration, not the original sentence.
• Huston v. Jones
  863 F.2d 30· 8th Cir.· 1988-12-15 ·via Writ Of Habeas Corpus
  The court held that the appellant's third habeas corpus petition did not constitute an abuse of the writ, but that his claims of involuntariness were belied by the plea transcript.
• Tippitt v. A.L. Lockhart
  859 F.2d 595· 8th Cir.· 1988-10-17 ·via Writ Of Habeas Corpus
  A custodial statement given in exchange for a fulfilled promise not to prosecute for an additional crime is not per se involuntary; voluntariness is determined by the totality of the circumstances.
• Dunckhurst v. Deeds
  859 F.2d 110· 9th Cir.· 1988-10-07
  The court held that the trial court's jury instructions, when viewed as a whole, adequately informed the jury of the State's burden to prove all elements of first-degree murder beyond a reasonable doubt, including the absence of adequate provocation, thus satisfying due process.
• White v. A.L. Lockhart
  857 F.2d 1218· 8th Cir.· 1988-09-27
  The court held that the denial of a continuance was not a constitutional error, and thus affirmed the dismissal of the habeas petition.
• Morgan v. Sullivan
  856 F.2d 1188· 8th Cir.· 1988-09-16
  The court held that the Parole Commission did not abuse its discretion in determining parole eligibility and that the revised parole guidelines do not violate the ex post facto clause.
• Woomer v. Aiken
  856 F.2d 677· 4th Cir.· 1988-09-14
  The court held that the admission of psychiatric testimony regarding future dangerousness did not violate the defendant's Fifth or Sixth Amendment rights, and that the defendant received effective assistance of counsel.
• Kearns v. State
  530 So. 2d 479· Fla. 5th DCA· 1988-09-01 ·via Writ Of Habeas Corpus
• GEE v. Clair Cripe
  853 F.2d 510· 7th Cir.· 1988-07-21 ·via Writ Of Habeas Corpus
  The court held that the district court's transfer rule, which required inmates with pending litigation to remain in the Marion prison, was invalid as it usurped the Attorney General's statutory authority to designate prisoner confinement locations.
• Ruiz Velez v. State
  528 So. 2d 933· Fla. 5th DCA· 1988-07-07 ·via Writ Of Habeas Corpus
  The court granted the petition for writ of habeas corpus, allowing a belated appeal of the conviction.
• Clay v. Lynaugh
  849 F.2d 908· 5th Cir.· 1988-06-30
  The court is certifying a question to the Texas Court of Criminal Appeals regarding whether the Texas carving doctrine, if still in effect, would have barred the petitioner's conviction for aggravated rape.
• Jones v. Lanson Newsome
  846 F.2d 62· 11th Cir.· 1988-05-27
  The court affirmed the denial of the habeas corpus petition, holding that the in-court identifications were reliable under the totality of the circumstances.
• Jaster Lee Marbley v. A.L. Lockhart
  846 F.2d 1161· 8th Cir.· 1988-05-23 ·via Habeas Corpus Relief
  A habeas petitioner must demonstrate both deficient performance by counsel and prejudice resulting from that deficiency to warrant relief.
• Robinson v. State
  523 So. 2d 1281· Fla. 4th DCA· 1988-05-04 ·via Writ Of Habeas Corpus
  The court held that the motion for post conviction relief was timely, reversing the summary denial.
• Mikolon v. United States
  844 F.2d 456· 7th Cir.· 1988-04-13 ·via Habeas Corpus Relief
  The court held that the petitioner's claim that inaccurate charts in his presentence report prejudiced his parole chances did not warrant vacating his sentence, as the original sentencing was not fundamentally unfair and the primary concern was parole eligibility, not sentence le
• Rayford Conner v. Bowen
  842 F.2d 279· 11th Cir.· 1988-04-12
  The court held that the trial court did not abuse its discretion in denying the petitioner's request for a continuance, and the denial did not render the trial fundamentally unfair.
• Bryant William Bowles v. Dugger
  838 F.2d 1145· 11th Cir.· 1988-02-29 ·via Habeas Corpus Relief
  A defendant proceeding pro se does not have an automatic right to a continuance, and the denial of such a continuance does not violate constitutional rights.
• Elliott v. Warden, Seagoville, Texas (G.H. Rodgers)
  838 F.2d 194· 6th Cir.· 1988-02-04 ·via Writ Of Habeas Corpus
  The court held that federal courts lack the authority to compel a state to accept custody of a prisoner or to order that a federal sentence run concurrently with a state sentence.
• Hasan Tashin Agtas v. Hard Whitley
  836 F.2d 1233· 9th Cir.· 1988-01-14
  The court held that the district court correctly dismissed the habeas corpus petition, finding no denial of effective assistance of counsel, a knowing and voluntary guilty plea, and no entitlement to an evidentiary hearing.
• Meylert Q. Marshall v. Cabana
  835 F.2d 1101· 5th Cir.· 1988-01-07
  The sentencing judge had the authority to impose a split sentence for armed robbery, consisting of a period of incarceration followed by probation.
• Van Welch v. Butler
  835 F.2d 92· 5th Cir.· 1988-01-05
  The court held that statements made during a prayer session with a police officer, following a lawful recording of conversations, were voluntary and not a violation of due process, thus denying habeas corpus relief.
• Burnett v. Kerr
  835 F.2d 1319· 10th Cir.· 1988-01-04
  The court held that the defendant's trial counsel's performance was not constitutionally ineffective, as the alleged errors did not meet the required standard for attorney incompetence or prejudice.
• Seccia v. Louie L. Wainwright & Fla. Parole & Prob. Comm'n
  517 So. 2d 80· Fla. 1st DCA· 1987-12-17
  Richard Seccia appealed the denial of his habeas corpus petition, challenging his parole revocation on the grounds that he was not afforded a hearing within ten days of his arrest for a felony committed while on parole, as required by Florida law. The court reversed and remanded,
• Pool v. Dowdle
  834 F.2d 777· 9th Cir.· 1987-12-15
  Excluding expert testimony on police identification procedures was constitutionally permissible, but excluding evidence and cross-examination regarding a witness's reprimand violated the Confrontation Clause.
• Heffernan v. A.L. Lockhart
  834 F.2d 1431· 8th Cir.· 1987-12-14 ·via Writ Of Habeas Corpus
  The court held that the district court erred in dismissing the habeas corpus petition without an evidentiary hearing, as the record was insufficient to determine if Heffernan's constitutional rights were violated by the denial of continuances.
• Gartrell v. Lynaugh
  833 F.2d 527· 5th Cir.· 1987-12-07
  The court held that the petitioner had fairly presented his claims to the state courts, satisfying the exhaustion requirement for federal habeas corpus relief.
• Stabile v. U.S. Bureau OF Prisons
  834 F.2d 305· 2d Cir.· 1987-12-04
  A prisoner released early is deemed on parole until 180 days before sentence expiration, not entitled to sentence reduction.
• Rodwell v. Fair
  834 F.2d 240· 1st Cir.· 1987-12-03
  The court held that the appellant's Sixth Amendment claims are barred by adequate and independent state grounds due to procedural default.
• Salomon Benarroch v. Crawford
  516 So. 2d 28· Fla. 3d DCA· 1987-11-24 ·via Writ Of Habeas Corpus
  Petitioner Benarroch sought habeas corpus relief from a contempt of court order confining him to jail for 48 hours. The court granted the petition, finding that the trial court improperly imposed an indirect criminal contempt sentence without following required procedural due pro
• Meyer Biller v. Lopes
  834 F.2d 41· 2d Cir.· 1987-11-19
  The court held that the use of a conviction obtained through compelled testimony for impeachment purposes, which deterred the defendant from testifying, constitutes a fundamental constitutional error justifying habeas corpus relief, even if the defendant did not testify.
• Lawyer v. Crawford
  517 So. 2d 36· Fla. 3d DCA· 1987-11-17
  Willie Lee Lawyer challenged his denial of pre-trial release in an armed robbery case where the trial judge applied a blanket policy refusing bond in all armed robbery cases regardless of individual circumstances. The Florida appellate court held that judges must exercise individ
• Kirby v. Dutton
  831 F.2d 1280· 6th Cir.· 1987-10-28 ·via Writ Of Habeas Corpus
  The court held that the petitioner's claims of actual conflict of interest from joint representation, prosecutorial misconduct, and ineffective assistance of counsel did not warrant habeas corpus relief because he failed to demonstrate prejudice or constitutional violations.
• Rickie S. Zabel v. United States Attorney
  829 F.2d 15· 8th Cir.· 1987-09-16
  The court affirmed the dismissal, holding that the petitioner's claims were properly addressed by the district court under 28 U.S.C. § 2255, and that the petitioner failed to demonstrate entitlement to relief on any of his claims.
• Aron Edward Donn v. Baer
  828 F.2d 487· 8th Cir.· 1987-09-10 ·via Habeas Corpus Relief
  The court held that while the Parole Commission acted without authority in withdrawing an executed parole violator warrant, the appellant was not prejudiced by this action and thus not entitled to habeas corpus relief.
• Haynes v. Butler
  825 F.2d 921· 5th Cir.· 1987-08-28
  The court held that the fifty-year sentence imposed on the petitioner was consistent with legislative intent and not constitutionally impermissible, thus denying habeas corpus relief.
• Sabah Yohanna Toma v. Turnage
  825 F.2d 1400· 9th Cir.· 1987-08-25 ·via Writ Of Habeas Corpus
  The district court lacked jurisdiction to entertain the alien's petition for a writ of habeas corpus because the grounds raised could have been presented in prior judicial proceedings and the prior remedy was not inadequate.