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

• William v. Nabozny
  781 F.2d 83· 6th Cir.· 1986-01-15
  The court held that the reasonable doubt instruction was adequate, Fourth Amendment claims were properly litigated, emergency wiretaps were justified under statute, and ineffective assistance of counsel claims failed to meet the required prejudice standard.
• Montero v. Ilchert
  780 F.2d 763· 9th Cir.· 1986-01-10
• Cohen v. Tate
  779 F.2d 1181· 6th Cir.· 1985-12-30
  The Sixth Circuit held that the district court erred in summarily dismissing the petitioner's claim regarding the missing transcript, remanding for further proceedings to determine if alternative means exist to address the voluntariness of the plea and ineffective assistance of c
• Pringle v. Court OF Common Pleas
  778 F.2d 998· 3d Cir.· 1985-12-12
  The court held that the Pennsylvania disorderly conduct statute, as applied to appellant's speech in 1979, was unconstitutionally vague because it failed to provide fair notice that her words, previously deemed not obscene by the Supreme Court, could be considered obscene based o
• Manning v. Louie L. Wainwright
  477 So. 2d 666· Fla. 5th DCA· 1985-10-31
  Court remanded for evidentiary hearing to determine whether counsel's failure to timely file a notice of appeal constituted ineffective assistance of counsel depriving petitioner of his appellate rights.
• Mann v. Warden OF Eglin AIR Force Base
  771 F.2d 1453· 11th Cir.· 1985-09-24
  A prisoner transferred under the Interstate Agreement on Detainers is not entitled to a pre-transfer hearing under Florida law or the Sixth Amendment, even if the detainer is lodged by a state where the prisoner is physically located.
• Hudson v. Deyton
  770 F.2d 1558· 11th Cir.· 1985-09-17
  The court held that increasing child support payments, even if made a condition of a suspended sentence, does not violate the ex post facto clause if state law interprets such payments as a continuing statutory duty separate from the sentence itself.
• Darden v. Louie L. Wainwright
  772 F.2d 666· 11th Cir.· 1985-08-27 ·via Habeas Corpus Relief
• Glass v. Blackburn
  767 F.2d 123· 5th Cir.· 1985-07-25
  The court granted the motion to proceed in forma pauperis and stayed the execution, ordering further briefing on the certificate of probable cause.
• Borning v. L.J. Hymel
  764 F.2d 1041· 5th Cir.· 1985-06-19
  A district court's certification that an appeal is not taken in good faith prevents it from granting leave to proceed in forma pauperis.
• D.L.T. v. Heisner
  469 So. 2d 891· Fla. 1st DCA· 1985-05-16 ·via Writ Of Habeas Corpus
  A Florida appellate court clarified its prior habeas corpus order directing that a juvenile be detained in the statutorily designated catchment area rather than in a different facility. The court held that while the Department of Health and Rehabilitative Services has authority t
• Moore v. Louie L. Wainwright
  469 So. 2d 882· Fla. 3d DCA· 1985-05-14 ·via Writ Of Habeas Corpus
  A Florida appeals court granted habeas corpus relief to an inmate whose approved parole release date was rescinded based on a new Attorney General opinion interpreting parole eligibility rules for consecutive sentences. The court held that a new legal interpretation cannot be ret
• Elton Watts v. Petrovsky
  757 F.2d 964· 8th Cir.· 1985-03-26
  The court held that the issue of the parole date was moot because the appellant had been paroled, and his speculative claim of future revocation did not confer jurisdiction.
• Wallace v. Kemp
  757 F.2d 1102· 11th Cir.· 1985-03-13
  The court held that the evidence was insufficient to sustain the jury's finding that the defendant was competent to stand trial, thus reversing the district court's denial of the writ of habeas corpus.
• McGEE v. State
  463 So. 2d 422· Fla. 1st DCA· 1985-02-04 ·via Writ Of Habeas Corpus
  Howard McGee sought habeas corpus relief claiming ineffective assistance of appellate counsel for failing to raise an issue about whether proof of a destructive device's actual existence is required to prove a threat to discharge it under Florida law. The court denied the petitio
• Solomon v. Harris
  749 F.2d 1· 2d Cir.· 1984-11-06 ·via Writ Of Habeas Corpus
  The court held that the appellant was not deprived of the reasonably effective assistance of counsel, as neither prong of the Strickland test was met.
• Harris v. White
  745 F.2d 523· 8th Cir.· 1984-10-05 ·via Writ Of Habeas Corpus
  The court held that the trial court's refusal to conduct a hearing on allegations of prosecutorial coercion of a witness did not violate due process.
• Howard v. Hoyt C. Cupp
  747 F.2d 510· 9th Cir.· 1984-09-25
  Oregon's dual system for filing felony charges does not violate equal protection, and suggestive police procedures did not render eyewitness identification unreliable.
• DeANGELIS v. Louie Wainwright
  455 So. 2d 639· Fla. 1st DCA· 1984-09-13 ·via Writ Of Habeas Corpus
  DeAngelis sought habeas corpus relief claiming the Department of Corrections unlawfully withheld incentive gain time credits during his final month of incarceration. The court denied the petition, finding that an emergency rule promulgated after a prior decision in Pettway proper
• Listle Vaughn v. Britton
  740 F.2d 833· 11th Cir.· 1984-08-28
  The court held that the petitioner's claim regarding the Allen charge was procedurally defaulted because his trial counsel failed to properly object and perfect the record on appeal, barring federal habeas review.
• Irons v. A.L. Lockhart
  741 F.2d 207· 8th Cir.· 1984-08-23
  The court held that the appellant failed to demonstrate prejudice from his trial counsel's alleged errors regarding jury selection, prosecutorial comments, prejudicial testimony, and the use of his prior confession, thus affirming the denial of his habeas corpus petition.
• Spiro Anast v. United States Parole Comm'n
  739 F.2d 403· 8th Cir.· 1984-07-30 ·via Petition For Habeas Corpus Relief
  The court held that the Parole Commission did not abuse its discretion in setting a parole date above the applicable guidelines, as it established good cause for its decision.
• Blue v. Housewright
  739 F.2d 320· 8th Cir.· 1984-07-12
  The court held that a guilty plea is not rendered involuntary by an attorney's advice regarding the potential for capital felony murder charges, even if the application of the statute was uncertain.
• Williams v. Procunier
  735 F.2d 875· 5th Cir.· 1984-07-09
  The court held that the district court's findings of fact, based on an evidentiary hearing assessing witness credibility, were not clearly erroneous, and therefore affirmed the denial of habeas corpus relief.
• The United States ex rel. Antonio Roche v. Scully
  739 F.2d 739· 2d Cir.· 1984-07-03
  The court should remand to supplement the record regarding whether a reasonably competent New York attorney would have pressed the jurisdiction argument on appeal.
• Ball v. State OF Ga.
  733 F.2d 1557· 11th Cir.· 1984-06-11 ·via Habeas Corpus Relief
  The court held that the evidence was sufficient to support the conviction for aggravated assault on a police officer and that the petitioner's Fourth Amendment claim was meritless.
• Storey v. Ponte
  735 F.2d 626· 1st Cir.· 1984-05-30
  The court held that the petitioner's claims were barred by procedural default or, alternatively, that he suffered no prejudice.
• Archer v. State
  451 So. 2d 525· Fla. 2d DCA· 1984-05-18 ·via Writ Of Habeas Corpus
• Hair v. A.L. Lockhart
  734 F.2d 390· 8th Cir.· 1984-05-17 ·via Habeas Corpus Relief
  The court held that convictions for rape and kidnapping do not violate the double jeopardy clause, and the district court did not err in refusing to appoint counsel for a habeas corpus petition.
• Doyle Dee Jones v. Parke
  734 F.2d 1142· 6th Cir.· 1984-05-10
  The court held that the record did not adequately develop facts to determine if the guilty plea was knowingly and intelligently made, requiring further proceedings.
• Young v. Duckworth
  733 F.2d 482· 7th Cir.· 1984-05-07
  The Sixth Amendment right to counsel attaches at the preliminary hearing where probable cause is determined to bind a case over to the grand jury, and a lapse in representation during this period requires reversal unless the state can prove no prejudice occurred.
• Smith v. State
  448 So. 2d 20· Fla. 1st DCA· 1984-03-19 ·via Writ Of Habeas Corpus
  The court held that incarceration served as a condition of probation, even if it equals the maximum statutory sentence for the offense, is permissible and does not invalidate the probation order.
• Vazquez v. Scully
  730 F.2d 868· 2d Cir.· 1984-03-13
  The court held that the petitioner had not fairly presented his federal claims to the state courts, thus failing to exhaust available state remedies.
• Hickey v. Solem
  728 F.2d 1149· 8th Cir.· 1984-03-06
  The court held that the undisclosed witness statement was not material to guilt or punishment, and therefore its suppression did not violate due process. The court also affirmed the lower court's finding that there was no prejudicial contact between the victim's relatives and the
• United States ex rel. Lavada Woollums v. Greer
  728 F.2d 918· 7th Cir.· 1984-02-24
  The court held that the petitioner's prosecution for aggravated battery after an ex parte judgment on an ordinance violation constituted double jeopardy because the offenses were the same and the ex parte judgment was criminal punishment.
• Shelton v. A.L. Lockhart
  725 F.2d 82· 8th Cir.· 1984-01-23
  The court affirmed the denial of the habeas corpus petition, finding no merit to the appellant's arguments.
• Richard v. Callahan
  723 F.2d 1028· 1st Cir.· 1983-12-27
  The court held that the petitioner's guilty plea to second degree murder was knowing and voluntary, and that the record supported a conviction on a joint venture theory, thus upholding the consecutive sentences.
• Louie L. Wainwright v. Cameron
  442 So. 2d 1089· Fla. 2d DCA· 1983-12-21 ·via Writ Of Habeas Corpus
• Williams v. State
  440 So. 2d 512· Fla. 4th DCA· 1983-11-16 ·via Writ Of Habeas Corpus
  Williams appealed a circuit court's denial without hearing of his Rule 3.850 motion raising constitutional challenges to his sexual battery conviction. The appellate court reversed, holding that the circuit court erred in denying the motion without a hearing when the record did n
• Maddox v. Montgomery
  718 F.2d 1033· 11th Cir.· 1983-11-03
  The court held that the suppressed evidence was not material under Brady v. Maryland, and therefore, the appellant's due process rights were not violated.
• Almon v. Jernigan
  715 F.2d 1505· 11th Cir.· 1983-09-26
  The court held that the state trial court properly determined the prisoner's confession was voluntary and admissible, and thus the habeas corpus petition was correctly denied.
• Bruce v. W.J. Estelle, Jr.
  707 F.2d 155· 5th Cir.· 1983-06-13 ·via Habeas Corpus Relief
  The federal district court's handling or mishandling of a habeas corpus petition cannot serve as a basis for setting aside an otherwise valid state court conviction.
• Hill v. Zimmerman
  709 F.2d 232· 3d Cir.· 1983-06-09
  The court held that the petitioner had not fairly presented his claim regarding the malice jury instruction to the state courts, thus requiring dismissal of the habeas petition for failure to exhaust state remedies.
• Drake v. Louie L. Wainwright
  429 So. 2d 374· Fla. 1st DCA· 1983-03-17 ·via Writ Of Habeas Corpus
  The court affirmed the trial court's denial of Drake's habeas corpus petition, holding that the Florida Parole and Probation Commission properly considered a concurrent federal kidnapping conviction as an aggravating factor in establishing his presumptive parole release date.
• Purwin v. Louie L. Wainwright
  436 So. 2d 138· Fla. 5th DCA· 1983-01-26 ·via Writ Of Habeas Corpus
  A petition for writ of habeas corpus seeking a belated appeal based on ineffective appellate counsel is denied if the petitioner fails to demonstrate prejudice from the alleged deficiency.
• Giordano v. Fair
  697 F.2d 14· 1st Cir.· 1983-01-05
  The court held that the state court's interpretation of the escape statute, which allowed conviction based on proof of lawful custody under the Interstate Agreement on Detainers (IAD) and a presumption of regularity, did not violate due process.
• Terrell v. Maggio
  693 F.2d 591· 5th Cir.· 1982-12-17 ·via Habeas Corpus Relief
  The court held that the district court erred by granting habeas relief without considering the presumption of correctness afforded state court factual determinations under 28 U.S.C. § 2254(d).
• Stangherlin v. Kelly
  419 So. 2d 1154· Fla. 5th DCA· 1982-09-29 ·via Writ Of Habeas Corpus
  Petitioner Stangherlin sought habeas corpus relief to secure release from custody pending trial on charges of conspiracy to commit first-degree murder and first-degree murder. The court denied the writ, finding that testimony from a witness (Modzelewski) regarding petitioner's in
• Wylie v. Botos
  416 So. 2d 1253· Fla. 4th DCA· 1982-07-21 ·via Writ Of Habeas Corpus
  Unmarried parents sought to revoke their consent to adoption of their child born out of wedlock after the adoption petition was filed. The Fourth District Court of Appeal affirmed the trial court's decision to grant the adoption, holding that the natural father was estopped from
• Saxon v. State
  416 So. 2d 904· Fla. 1st DCA· 1982-07-14 ·via Writ Of Habeas Corpus
  The court held that the defendant's subsequent actions after refusing extradition, coupled with his speedy trial demands, constituted a bona fide effort to secure a speedy trial, and the trial court erred in denying his motion based solely on the initial refusal.