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

• Mastrangelo v. United States Parole Comm'n
  682 F.2d 402· 2d Cir.· 1982-06-30 ·via Writ Of Habeas Corpus
  The court held that while the second sentence was intended to run consecutively to the first, the case must be remanded to determine if the petitioner was adequately aware of his special parole status and its conditions.
• Short v. Garrison
  678 F.2d 364· 4th Cir.· 1982-06-01 ·via Habeas Corpus Relief
  The court held that the failure to make a "no-benefit" finding under the North Carolina Youthful Offender statute, when the petitioner was over twenty-one at the time of seeking relief, did not constitute a constitutional violation cognizable in federal habeas corpus.
• United States v. Davis
  677 F.2d 495· 5th Cir.· 1982-06-01 ·via Writ Of Habeas Corpus
  The court held that the appellant's motion for a writ of mandamus did not clearly evince an intent to appeal, rendering the subsequent notice of appeal untimely.
• Weir v. Fletcher
  680 F.2d 437· 6th Cir.· 1982-05-25 ·via Habeas Corpus Relief
  The court held that petitioner failed to allege facts sufficient to warrant an evidentiary hearing regarding post-Miranda silence.
• Chatfield v. Ricketts
  673 F.2d 330· 10th Cir.· 1982-03-25
  The court held that the Double Jeopardy Clause did not prohibit retrying the defendant for first-degree kidnapping after a mistrial and subsequent dismissal, and that sufficient evidence supported the conviction.
• Kerns v. Parratt
  672 F.2d 690· 8th Cir.· 1982-03-17
  The court adheres to precedent upholding the habitual offender statute, despite concerns about its application.
• Parry Morgan v. Wyrick
  673 F.2d 218· 8th Cir.· 1982-03-08
  The court held that the appellant's consecutive sentences were not imposed under the unconstitutional statute, thus no remand for resentencing is necessary.
• Freeman Leroy Bell v. Harrison
  670 F.2d 656· 6th Cir.· 1982-02-09
  The court held that Tennessee's rape shield statute, T.C.A. § 40-2445, is constitutional on its face and as applied, and did not violate the defendant's Sixth Amendment right to confrontation.
• Davis v. Parratt
  668 F.2d 451· 8th Cir.· 1982-01-19 ·via Habeas Corpus Relief
  The court affirmed the denial of habeas corpus relief, holding that while the state trial court abused its discretion in denying a continuance, this denial did not materially prejudice the petitioner.
• Proctor v. Louie L. Wainwright
  408 So. 2d 793· Fla. 1st DCA· 1982-01-14 ·via Writ Of Habeas Corpus
  Petitioner Proctor seeks habeas corpus release from a Florida prison, claiming Florida violated the Interstate Agreement on Detainers by failing to provide a timely parole revocation hearing. The court denies the petition but conditions its denial on Florida providing a final rev
• Wiley v. Sowders
  669 F.2d 386· 6th Cir.· 1982-01-11
  The court held that while an on-the-record inquiry into consent to admit guilt is preferred, due process does not mandate it, and remanded for an evidentiary hearing on whether the petitioner consented to his attorney's strategy.
• Smith v. Housewright
  667 F.2d 689· 8th Cir.· 1981-12-23
  The court held that the district court did not err in denying the petition for a writ of habeas corpus, affirming that the confession was voluntary and properly admitted.
• Aldridge v. State
  407 So. 2d 280· Fla. 3d DCA· 1981-12-08
  In this extradition habeas corpus appeal, the court held that a defendant challenging an executive warrant for rendition must be afforded an evidentiary hearing to present evidence refuting the prima facie case that he was present in the demanding state at the time of the alleged
• Waters v. Wainwright
  527 F. Supp. 275· M.D. Fla.· 1981-12-03
  The court held that the petitioner has not established his contentions and has not been deprived of any constitutional right, thus his habeas petition is dismissed.
• Behrens v. Honorable J. William Woodson
  405 So. 2d 262· Fla. 5th DCA· 1981-10-28 ·via Writ Of Habeas Corpus
• Henderson v. State OF Mo.
  661 F.2d 107· 8th Cir.· 1981-10-19 ·via Writ Of Habeas Corpus
  The court held that the petitioner's habeas corpus filing was premature because it had not first been made to the appropriate federal district court.
• ABY v. Parratt
  660 F.2d 385· 8th Cir.· 1981-10-09 ·via Habeas Corpus Relief
  The court affirmed the denial of habeas corpus relief, finding sufficient evidence and corroboration for the conviction.
• Thomas M. Walshe, III, M.D. v. Rear Admiral Wycliffe D. Toole, Jr.
  663 F.2d 320· 1st Cir.· 1981-10-07
  The court held that the Navy's denial of the conscientious objector application was tainted by factual errors and bias, requiring vacatur of the district court's judgment.
• Terry v. Housewright
  659 F.2d 879· 8th Cir.· 1981-09-30 ·via Habeas Corpus Relief
  The court held that there was sufficient evidence to support the petitioner's felony conviction for theft of property.
• Stephens v. Wyrick
  659 F.2d 94· 8th Cir.· 1981-09-14
  The court held that the district court's dismissal of the habeas petition was proper, affirming the denial of relief on the claims of involuntary guilty plea and unconstitutional sentencing statute.
• FRY v. Moreland
  402 So. 2d 583· Fla. 5th DCA· 1981-08-26 ·via Writ Of Habeas Corpus
  Petitioner sought habeas corpus relief claiming his competency hearing was held outside the 30-day deadline required by Florida Rule of Criminal Procedure 3.212(b)(4). The court rejected this claim, holding that the relevant deadline begins from receipt of a report by the facilit
• Hall v. Lou V. Brewer
  656 F.2d 364· 8th Cir.· 1981-08-17
  The court held that the petitioner did not deliberately bypass state remedies and that the federal district court erred in dismissing the habeas petition on grounds of procedural waiver and failure to exhaust.
• Schleicher v. Wyrick
  656 F.2d 288· 8th Cir.· 1981-07-30
  The court held that the prisoner's habeas corpus petition should be affirmed, not on the ground of failure to exhaust state remedies, but because the prisoner failed to show a due process violation.
• D. D. v. Honorable Bill White
  650 F.2d 749· 5th Cir.· 1981-07-16 ·via Application For Writ Of Habeas Corpus
  The court held that a federal district court must dismiss a mixed petition for a writ of habeas corpus, which contains both exhausted and unexhausted claims, without prejudice due to the petitioner's failure to exhaust available state remedies.
• D. P. v. Capri
  399 So. 2d 1030· Fla. 3d DCA· 1981-06-05
  A juvenile was ordered detained in secure custody pending trial based solely on the trial judge's exercise of discretionary power. The Florida District Court of Appeal granted habeas corpus and ordered the juvenile's release, holding that detention authority for juveniles is stri
• Cooper v. Mitchell
  647 F.2d 437· 4th Cir.· 1981-04-27
  The court held that a harsher sentence imposed by a jury upon retrial does not violate due process if the jury is unaware of the prior sentence and the sentence is not otherwise shown to be a product of vindictiveness. The court also held that delay incident to collateral proceed
• United States v. Evans
  652 F.2d 177· D.C. Cir.· 1981-04-20 ·via Writ Of Habeas Corpus
  The court held that a defendant convicted of felony murder, who was acquitted of first-degree murder, cannot benefit from a ruling that overturned first-degree murder convictions based on faulty malice instructions.
• Massey v. Balkcom
  642 F.2d 157· 5th Cir.· 1981-04-09
  The court held that a state prisoner is not constitutionally entitled to have his sentence determined anew by a jury after a death sentence is commuted to life imprisonment.
• Puleri v. State
  396 So. 2d 1129· Fla.· 1981-04-02 ·via Habeas Corpus Relief
• Johnson v. Perini
  644 F.2d 573· 6th Cir.· 1981-03-16 ·via Application For Writ Of Habeas Corpus
  The court held that the juvenile court's finding of probable cause, without an adjudication of delinquency, did not violate the petitioner's right against double jeopardy.
• Cowick v. Louie Wainwright
  394 So. 2d 1109· Fla. 1st DCA· 1981-03-11 ·via Habeas Corpus Relief
• Harris v. The State OF S.C.
  642 F.2d 71· 4th Cir.· 1981-02-20 ·via Writ Of Habeas Corpus
  The court held that the petitioners' custody was based on subsequent indictments, not the allegedly illegal extradition warrants, and thus habeas corpus relief was unavailable.
• Nieboer v. T. L.
  394 So. 2d 163· Fla. 1st DCA· 1981-02-11 ·via Writ Of Habeas Corpus
  The court reversed a habeas corpus order against the Department of Health and Rehabilitative Services for lack of proper service of process, but affirmed the order against the detention center superintendent who had actual custody of the juveniles.
• Sacco v. United States Parole Comm'n & Winston Satran
  639 F.2d 441· 8th Cir.· 1981-01-30 ·via Writ Of Habeas Corpus
  The court held that the district court correctly dismissed the habeas corpus petition as repetitive and lacking new grounds for relief, affirming the prior adverse decisions on the merits.
• Ulysses Smith v. Blackburn
  632 F.2d 1194· 5th Cir.· 1980-12-15
  The court held that a conviction by a five-member jury is unconstitutional, and the petitioner did not waive this right by electing to be tried by such a jury.
• Lytle v. Brown
  636 F.2d 1135· 6th Cir.· 1980-12-11 ·via Writ Of Habeas Corpus
  The court held that Army Regulation 601-25 permits a physician to apply for an exemption from active duty based on community need before receiving orders for active duty.
• In re Florida Rules of Judicial Administration
  391 So. 2d 214· Fla.· 1980-12-04 ·via Habeas Corpus Proceedings
  The Supreme Court approved amendments to the Rules of Judicial Administration regarding filing fees for habeas corpus proceedings and the terms for chief judges.
• Charles v. Warden
  629 F.2d 1182· 6th Cir.· 1980-10-03 ·via Writ Of Habeas Corpus
• Rawls v. Mabry
  630 F.2d 654· 8th Cir.· 1980-10-02
  The court held that the petitioner's claims of ineffective assistance of counsel and involuntary plea were without merit, affirming the dismissal of his habeas corpus petition.
• Strong v. Louie L. Wainwright
  385 So. 2d 169· Fla. 1st DCA· 1980-06-30
  Habeas corpus petition challenging prison disciplinary proceeding was partially granted because the prisoner was not provided a written statement of evidence and reasons for discipline, as required by due process.
• Hayes v. Bordenkircher
  621 F.2d 846· 6th Cir.· 1980-05-29
  The court held that the application of Kentucky's repealed recidivist statute to impose a mandatory life sentence for a third felony conviction did not constitute cruel and unusual punishment under the Eighth Amendment, following Supreme Court precedent.
• Piedad Alvarez Rodriguez v. Sandstrom
  382 So. 2d 778· Fla. 3d DCA· 1980-04-08 ·via Writ Of Habeas Corpus
  A circuit court lacks the authority to hold a material witness in jail in lieu of bail for a state attorney investigation when no criminal charges are pending before the court.
• Smith v. Jiro J. Enomoto
  615 F.2d 1251· 9th Cir.· 1980-03-31
  A pro se, incarcerated defendant is not automatically entitled to state-funded investigative services; they must demonstrate a specific need.
• Henson v. United States
  617 F.2d 510· 8th Cir.· 1980-03-21 ·via Writ Of Habeas Corpus
  The court affirmed the denial of the habeas corpus application, finding no merit to the petitioner's arguments regarding ineffective assistance of counsel.
• Gwinn v. Deane
  613 F.2d 1· 1st Cir.· 1980-01-15
  The appellate court held that an affirmance of a conviction by a state supreme court, even if based on different reasoning than the trial court, does not constitute double jeopardy.
• State v. Matera
  378 So. 2d 1283· Fla. 3d DCA· 1979-12-28 ·via Writ Of Habeas Corpus
  Florida appeals a circuit court's order vacating a defendant's 1967 robbery conviction. The court reversed the vacation order, holding that the trial court improperly denied the State its right to appeal by accepting a nolo contendere plea and resentencing the defendant in the sa
• Hurshel Ross Dodd v. Fla. Parole & Prob. Comm'n
  378 So. 2d 309· Fla. 1st DCA· 1979-12-17 ·via Writ Of Habeas Corpus
  The court held that the petitioner's failure to exhaust administrative remedies precluded mandamus relief, and habeas corpus relief was inappropriate as the present detention was lawful.
• Carmelo Canet v. Turner
  606 F.2d 89· 5th Cir.· 1979-11-07
  The court held that a claim regarding an illegal sentence, based on a recent Florida Supreme Court ruling, was not exhausted and must be remanded for state court consideration. Other claims were affirmed.
• Brown v. State
  375 So. 2d 66· Fla. 2d DCA· 1979-09-28 ·via Writ Of Habeas Corpus
  Inmate Brown challenged the summary denial of his habeas corpus petition challenging prison disciplinary proceedings that resulted in the loss of gain time. The court held that the circuit court had jurisdiction to consider his habeas corpus petition despite the availability of a
• Williams v. State
  375 So. 2d 586· Fla. 5th DCA· 1979-08-29 ·via Writ Of Habeas Corpus
  The court remanded for a hearing to determine whether the defendant was improperly induced to plead guilty by a promise that his state sentence would run concurrently with his federal sentence, which the federal government could not honor.