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

• Matthews v. Meese
  827 F.2d 313· 8th Cir.· 1987-08-24 ·via Habeas Corpus Relief
  The court held that time spent at liberty pending appeal of a sentence reduction order is not considered time 'in custody' and therefore is not credited against the sentence.
• Andreu v. State
  509 So. 2d 1324· Fla. 5th DCA· 1987-07-16 ·via Writ Of Habeas Corpus
  In this habeas corpus petition, the Florida court addresses whether a defendant who served federal parole time while a Florida detainer was in effect has completed his Florida sentence. The court holds that federal authorities' erroneous release of the defendant on parole despite
• Hampton v. Dugger
  509 So. 2d 1229· Fla. 1st DCA· 1987-07-07
• Robinson v. A.L. Lockhart
  823 F.2d 210· 8th Cir.· 1987-07-07
• Whitley v. Muncy
  823 F.2d 55· 4th Cir.· 1987-07-02
  The court held that the prisoner's attorney in a state habeas proceeding does not need to meet constitutional standards of effectiveness because there is no constitutional right to an appointed attorney in such proceedings.
• Diaz v. Scully
  821 F.2d 153· 2d Cir.· 1987-06-16
  The court held that the Supreme Court's decisions in Batson v. Kentucky and McCray v. Abrams could not be applied retroactively to state convictions that had become final before those decisions were announced.
• Demetrios Papadakis v. Warden OF the Metro. Corr. Ctr.
  822 F.2d 240· 2d Cir.· 1987-06-15 ·via Writ Of Habeas Corpus
  The court held that the district court correctly determined the Parole Commission lacked jurisdiction because the first special parole term expired due to the Commission's inaction and the second special parole term was illegally imposed.
• Brooksbey v. Smith
  819 F.2d 178· 7th Cir.· 1987-05-20
  The court held that the district court erred in dismissing the habeas corpus petition without adequate findings on whether the prison disciplinary committee provided sufficient written reasons and evidence relied upon, as required by due process.
• Mann v. Dugger
  817 F.2d 1471· 11th Cir.· 1987-05-14
  The court held that the jury was not misled regarding its advisory role in sentencing and that certain claims regarding a prior conviction were procedurally barred.
• Thompson v. Lacey
  817 F.2d 1315· 8th Cir.· 1987-05-05
  The court held that a prisoner forfeits good time credits earned during a regular term upon parole revocation and that the Parole Commission's rescission of reparole was lawful.
• Gibson v. Fla. Parole & Prob. Comm'n
  506 So. 2d 474· Fla. 1st DCA· 1987-04-30 ·via Writ Of Habeas Corpus
  Willie Gibson appealed the denial of his habeas corpus petition challenging his parole revocation by the Florida Parole and Probation Commission. Although the trial court erred by denying the petition before Gibson could file his authorized reply brief, the appellate court affirm
• Broesch v. Gagnon
  817 F.2d 37· 7th Cir.· 1987-04-20 ·via Habeas Corpus Relief
  The court held that the jury instruction created a permissive inference, not a mandatory presumption, and was therefore not constitutionally offensive.
• Wilson v. Cooke
  814 F.2d 614· 11th Cir.· 1987-04-13
  The court held that a district court cannot rule on a habeas petition without a complete record, including transcripts of evidentiary hearings.
• Williams v. Foti
  813 F.2d 700· 5th Cir.· 1987-04-03
  The court held that the appellant's habeas corpus claim is procedurally barred due to his failure to raise objections or seek continuances in state court.
• Mada-Luna v. Fitzpatrick
  813 F.2d 1006· 9th Cir.· 1987-03-30
  The court reversed and remanded the case based on controlling precedent.
• Hernandez v. Gregg
  813 F.2d 633· 3d Cir.· 1987-03-16 ·via Writ Of Habeas Corpus
  The court held that the Immigration Reform and Control Act of 1986 (IRCA) did not automatically change the appellant's status from parolee to entrant, and therefore did not deprive the INS of authority to detain him.
• Bush v. Louie L. Wainwright
  505 So. 2d 409· Fla.· 1987-02-26 ·via Writ Of Habeas Corpus
  The court held that the defendant's allegations of ineffective assistance of counsel and incompetency were legally insufficient to warrant post-conviction relief.
• Moody Nichols v. United States
  810 F.2d 1103· 11th Cir.· 1987-02-24 ·via Writ Of Habeas Corpus
  The court held that a technical error in informing a defendant about the minimum and maximum special parole terms is harmless if the defendant cannot demonstrate prejudice, especially when the defendant was motivated to plead guilty by the expectation of conviction at trial.
• United States v. Collins
  651 F. Supp. 1177· S.D. Fla.· 1987-01-14 ·via Habeas Corpus (28 U.S.C. § 2255)
  A fugitive from justice is disentitled from pursuing post-conviction relief, and the court vacates its prior order granting such relief, reinstating the guilty plea and sentence.
• Garrett v. O.L. McCOTTER
  807 F.2d 482· 5th Cir.· 1987-01-13 ·via Writ Of Habeas Corpus
  The Court held that the bribery indictments were fundamentally defective because they failed to allege an essential element of the offense under the current statute, thus depriving the convicting court of jurisdiction.
• Miller v. Solem
  807 F.2d 747· 8th Cir.· 1986-12-23 ·via Application For Writ Of Habeas Corpus
  The court affirmed the district court's denial of the habeas corpus petition, finding no clear error in the factual findings or legal errors.
• Wright v. State
  497 So. 2d 1313· Fla. 1st DCA· 1986-11-20 ·via Writ Of Habeas Corpus
  Wright, arrested as a fugitive pursuant to an extradition warrant from Texas, petitioned for habeas corpus challenging his identity as the person named in the warrant. The court held that identical names constitute prima facie evidence of identity in extradition cases, and Wright
• ELK v. Solem
  804 F.2d 496· 8th Cir.· 1986-11-05
  The court held that the appellant failed to demonstrate actual prejudice from his trial counsel's alleged errors, thus affirming the denial of his habeas corpus petition.
• Doby v. S.C. Dep't OF Corr.
  802 F.2d 718· 4th Cir.· 1986-10-02
  The court held that the state court's post-trial suppression hearing, determining the voluntariness of the confession without considering its truth, complied with the prior mandate and did not require a new trial.
• Atwell v. Blackburn
  800 F.2d 502· 5th Cir.· 1986-09-26
  The court held that the petitioner failed to demonstrate a constitutional violation regarding the grand jury's fair cross-section or due process claims, affirming the denial of his habeas corpus petition.
• Thomas v. Kemp
  800 F.2d 1024· 11th Cir.· 1986-09-09 ·via Habeas Corpus Relief
  The court held that despite the Supreme Court's clarification on harmless error, the specific jury instruction in this capital case could not be deemed harmless beyond a reasonable doubt.
• Williams v. A.L. Lockhart
  797 F.2d 344· 8th Cir.· 1986-08-05
  The court held that a juror's voir dire statements did not demonstrate bias and a prosecutor's rebuttal argument did not improperly comment on the defendant's failure to testify.
• Rodrigo Rodrigues v. Gudeman
  794 F.2d 1458· 9th Cir.· 1986-07-24
  The court held that jeopardy had not attached because the defendant was not put to trial before the trier of facts, thus a retrial is not barred by the double jeopardy clause.
• Olaniyan v. Dist. Dir.
  796 F.2d 373· 10th Cir.· 1986-07-22 ·via Habeas Corpus Proceedings
  The court held that it lacked jurisdiction to review the district director's denial of employment authorization because it involved factual issues requiring initial district court review, but affirmed the deportation order which was factually supported.
• Ciccarelli v. Wainwright
  490 So. 2d 1379· Fla. 4th DCA· 1986-07-16 ·via Writ Of Habeas Corpus
  The court held that ineffective assistance of appellate counsel warrants granting a petition for writ of habeas corpus to allow a belated appeal.
• Getter v. Louie L. Wainwright
  490 So. 2d 177· Fla. 5th DCA· 1986-06-19 ·via Writ Of Habeas Corpus
  Petitioner's habeas corpus petition alleging ineffective assistance of counsel for failing to properly advise him of his appeal rights states a prima facie claim, warranting appointment of a commissioner to conduct an evidentiary hearing.
• Bruce v. Carson
  489 So. 2d 1234· Fla. 1st DCA· 1986-06-13 ·via Habeas Corpus Proceedings
• Renzi v. Warden, U.S. Penitentiary, Terre Haute, IND., & Attorney Gen., State of Conn.
  792 F.2d 311· 2d Cir.· 1986-06-09 ·via Writ Of Habeas Corpus
  The court held that the petitioner's guilty plea to second-degree murder was valid, despite claims of inadequate advisement of rights and factual basis.
• Parnell Johnson v. Louie L. Wainwright
  489 So. 2d 1166· Fla. 1st DCA· 1986-05-22 ·via Writ Of Habeas Corpus
  The court affirmed the trial court's denial of the post-conviction relief motion, finding no ineffective assistance of counsel.
• Brown v. Louie L. Wainwright
  489 So. 2d 718· Fla.· 1986-05-19 ·via Writ Of Habeas Corpus
  The court granted the petition for writ of mandamus, directing the commission to immediately establish an effective parole release date for the petitioner.
• Titus E. Aaron v. Pepperas
  790 F.2d 1358· 9th Cir.· 1986-05-16 ·via Writ Of Habeas Corpus
  The appeal is dismissed for lack of jurisdiction because the case is moot, as the appellant has served his sentence and demonstrated no actual harm from the contested sentence.
• Roman v. Abrams
  790 F.2d 244· 2d Cir.· 1986-05-09 ·via Writ Of Habeas Corpus
  A prisoner seeking to cross-appeal from the denial of other claims in a habeas corpus petition, after the state appeals the granting of the writ on specified grounds, requires a certificate of probable cause.
• Shroma H. Lang v. Callahan
  788 F.2d 1416· 9th Cir.· 1986-05-08
  The court held that defense counsel's stipulation to the admissibility of a victim's statement was a reasonable strategic decision and did not constitute ineffective assistance, and that the sentencing judge's remarks, while ill-considered, did not demonstrate racial prejudice vi
• In re the Extradition OF Walter Dixon
  487 So. 2d 1195· Fla. 2d DCA· 1986-04-30 ·via Writ Of Habeas Corpus
  The Florida District Court of Appeal reversed the denial of a habeas corpus petition, holding that an extradition warrant mischaracterizing the appellant as a "fugitive from justice" was defective. The court found that the warrant failed to reflect the governor's discretionary po
• Notaro v. Luther
  800 F.2d 290· 2d Cir.· 1986-04-15 ·via Writ Of Habeas Corpus
  The court held that the Parole Commission did not abuse its discretion in applying an unpublished training aid and that the submission of the presentence report was proper.
• Rogers L. Bryant v. State
  486 So. 2d 680· Fla. 1st DCA· 1986-04-10 ·via Writ Of Habeas Corpus
• Stevens v. Armontrout
  787 F.2d 1262· 8th Cir.· 1986-04-10
  The court held that a 200-year sentence for second-degree murder was not a violation of the Eighth and Fourteenth Amendments, and that the district court did not err in denying a habeas corpus petition without an evidentiary hearing.
• Clay E. Boyer, III v. State
  486 So. 2d 70· Fla. 4th DCA· 1986-04-09 ·via Writ Of Habeas Corpus
  The court held that the judge's presence on the appellate panel did not violate due process and treated the appeal as a petition for writ of habeas corpus, which was denied. The denial of the post-conviction relief based on prosecutorial misconduct was affirmed.
• Gerdes v. Smith
  488 So. 2d 837· Fla. 5th DCA· 1986-04-07 ·via Writ Of Habeas Corpus
  The court denied the petition for writ of habeas corpus because the record was inadequate to grant relief.
• Oliver v. Dugger
  785 F.2d 949· 11th Cir.· 1986-04-02
  The court held that even if a precedent regarding joinder of offenses were retroactively applied, the petitioner would not be entitled to relief because the evidence of guilt was overwhelming and the introduction of a prior conviction did not render the trial fundamentally unfair
• Burton Donald Woods, III v. Armontrout
  787 F.2d 304· 8th Cir.· 1986-03-20
  The court held that the federal district court erred by applying the presumption of correctness under 28 U.S.C. § 2254(d) to the state court's determination of confession voluntariness, which requires independent federal review.
• Brown v. Armontrout
  786 F.2d 362· 8th Cir.· 1986-03-13 ·via Petition For Habeas Corpus Relief
  The court held that the defendant violated the terms of his plea agreement by failing to appear for sentencing, and therefore the court was justified in imposing a harsher sentence and the defendant was not entitled to withdraw his plea.
• Ignizio v. Honorable David M. Gersten
  483 So. 2d 877· Fla. 3d DCA· 1986-03-04 ·via Writ Of Habeas Corpus
  The court held that the speedy trial extension was proper and that bail was not required despite the delay.
• Rook v. Rice
  783 F.2d 397-401· 4th Cir.· 1986-01-31 ·via Habeas Corpus Relief
  The court held that the jury instruction regarding malice did not unconstitutionally shift the burden of persuasion to the defendant. However, the judge writing separately believes the death sentence procedure violated constitutional rights.
• Vail
  798 F.2d 119· 5th Cir.· 1986-01-16 ·via Habeas Corpus Relief
  The court denied the application for a certificate of probable cause, finding no substantial showing that the appellant was denied a federal right. Issues not raised on appeal are deemed abandoned.