Habeas Corpus Petition

4,115 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

• Andrews v. Shulsen
  802 F.2d 1256· 10th Cir.· 1986-10-06 ·cited 26×
  The court held that the Utah capital punishment statute is constitutional and that the appellant's death sentence was not imposed in violation of the Constitution. The court affirmed the district court's dismissal of the habeas corpus petition.
• Martin v. Solem
  801 F.2d 324· 8th Cir.· 1986-09-16 ·cited 26×
  The dissenting judge would affirm the district court's order granting the writ of habeas corpus, finding the probation revocation violated fundamental fairness principles.
• Lacy v. Gardino
  791 F.2d 980· 1st Cir.· 1986-05-27 ·cited 26×
  The court affirmed the denial of the habeas corpus petition, holding that while a Sixth Amendment violation occurred, it was harmless error because the unmasked information was cumulative and did not contribute to the verdict.
• Brown v. A.L. Lockhart
  781 F.2d 654· 8th Cir.· 1986-01-14 ·cited 26×
  The court held that the petitioner's allegation of systematic exclusion of Black persons from jury service was sufficient to warrant an evidentiary hearing, but his claim of ineffective assistance of counsel failed due to lack of prejudice.
• Johnson v. Warden Lumpkin
  769 F.2d 630· 9th Cir.· 1985-08-23 ·cited 26×
  The court held that the district court correctly denied Johnson's due process claims but erred in failing to rule on his ineffective assistance of counsel claim.
• Aman Abdi v. The State OF Ga.
  744 F.2d 1500· 11th Cir.· 1984-10-26 ·cited 26×
  The court held that a trial court's sua sponte declaration of a mistrial due to a flagrant violation of a rape shield law, even without explicit consent from the defendant, was supported by manifest necessity and did not bar a subsequent retrial.
• Evans v. Meyer
  742 F.2d 371· 7th Cir.· 1984-08-23 ·cited 26×·via Writ Of Habeas Corpus
  A lawyer is not required to advise a client of every theoretically possible but practically hopeless defense, and failure to do so does not render a guilty plea involuntary or constitute ineffective assistance of counsel if prejudice cannot be shown.
• Ford v. Louie L. Wainwright
  451 So. 2d 471· Fla.· 1984-05-25 ·cited 26×
  The Florida Supreme Court denied Alvin Ford's petition for habeas corpus and application to stay his execution, rejecting his claims regarding jury instructions and racial discrimination in death penalty application, and holding that section 922.07 establishes the exclusive statu
• Mitchell v. Wyrick
  727 F.2d 773· 8th Cir.· 1984-02-17 ·cited 26×
  A claim of ineffective assistance of counsel during state post-conviction proceedings is not cognizable under 28 U.S.C. § 2254, as habeas corpus reviews the detention itself, not collateral proceedings.
• Tucker v. Zant
  724 F.2d 882· 11th Cir.· 1984-01-20 ·cited 26×
• Barfield v. Harris
  719 F.2d 58· 4th Cir.· 1983-10-03 ·cited 26×
  The court held that the jury's consideration of prior homicides as non-statutory aggravating circumstances, even if error under state law, did not violate the federal Constitution. It also held that the North Carolina Supreme Court's proportionality review was constitutionally ad
• Porter v. W.J. Estelle, Jr.
  709 F.2d 944· 5th Cir.· 1983-07-18 ·cited 26×
  The court held that the trial court did not err in excusing prospective jurors who were unequivocally opposed to the death penalty and that no constitutional duty arose to order a competency examination based on the information presented.
• McCORQUODALE v. Balkcom
  705 F.2d 1553· 11th Cir.· 1983-05-31 ·cited 26×
• United States ex rel. Robert Hudson v. Brierton
  699 F.2d 917· 7th Cir.· 1983-02-04 ·cited 26×
  Noncompliance with a state contemporaneous-objection rule bars federal habeas review absent a showing of cause and prejudice; the identification was reliable despite suggestive procedures.
• Lowery v. W.J. Estelle, Jr.
  696 F.2d 333· 5th Cir.· 1983-01-24 ·cited 26×
  The court concurred in the result but would not consider due process claims raised for the first time on appeal.
• Kyle v. Hanberry
  677 F.2d 1386· 11th Cir.· 1982-06-11 ·cited 26×·via Petition For Habeas Corpus Relief
  The court held that due process requires prison disciplinary committees to make a good faith inquiry into the reliability of confidential informants when imposing severe sanctions, and the record must reflect this inquiry.
• Cobb v. Louie L. Wainwright
  666 F.2d 966· 5th Cir.· 1982-02-04 ·cited 26×·via Habeas Corpus Relief
  The court held that Florida Statute § 782.11 is not unconstitutionally vague and that sufficient evidence supported the conviction for unnecessary killing.
• Slappy v. Morris
  649 F.2d 718· 9th Cir.· 1981-06-29 ·cited 26×
  The Sixth Amendment right to counsel, as incorporated by the Fourteenth Amendment, includes the right to have the trial judge accord weight to the attorney-client relationship when deciding whether to grant a continuance due to the temporary unavailability of a defendant's chosen
• Arias v. The United States Parole Comm'n Warden
  648 F.2d 196· 3d Cir.· 1981-05-07 ·cited 26×
  The court held that the Parole Commission has broad discretion to consider presentence reports, including information about dismissed indictments, when making parole decisions, and that subsequent administrative action rendered the district court's premature consideration of the
• Ford v. Parratt
  638 F.2d 1115· 8th Cir.· 1981-01-21 ·cited 26×
  The court held that ineffective assistance of counsel can only vitiate a guilty plea if there is a nexus between the alleged ineffectiveness and the plea itself.
• Carter v. Jago
  637 F.2d 449· 6th Cir.· 1980-12-22 ·cited 26×
• Goins v. McKEEN
  605 F.2d 947· 6th Cir.· 1979-09-20 ·cited 26×·via Habeas Corpus Relief
  The court held that the district court correctly granted habeas corpus relief because the trial court's handling of during-trial prejudicial publicity deprived the petitioner of his constitutional right to a fair trial by an impartial jury.
• van Poyck v. Louie L. Wainwright
  595 F.2d 1083· 5th Cir.· 1979-05-24 ·cited 26×
  The court held that the petitioner's claim of factual incompetency to plead guilty was exhausted and raised a substantial issue requiring an evidentiary hearing, but his claim regarding the factual basis for the plea was unexhausted.
• Jurek v. Estelle
  593 F.2d 672· 5th Cir.· 1979-04-23 ·cited 26×
  The court held that the record supported the trial court and jury findings that the confessions were voluntarily made, and thus federal intervention was not justified.
• Denver Witham v. Mabry
  596 F.2d 293· 8th Cir.· 1979-03-29 ·cited 26×
  The court held that statements made by a convicted individual to inmates were inadmissible hearsay because they were not sufficiently against his penal interest, and that trial counsel's decisions regarding venue and continuance did not constitute ineffective assistance.
• Sallie v. State OF N.C.
  587 F.2d 636· 4th Cir.· 1978-11-28 ·cited 26×
  The court's discussion and decision on an unnecessary Sixth Amendment question creates a large exception to Stone v. Powell, potentially endangering its future application in habeas corpus cases.
• Canary v. Bland
  583 F.2d 887· 6th Cir.· 1978-09-07 ·cited 26×
  The court held that the petitioner's claim of ineffective assistance of counsel in failing to challenge the use of a prior invalid juvenile transfer conviction in a habitual criminal proceeding is a valid Sixth Amendment claim, notwithstanding a prior guilty plea.
• Edwards v. United States
  574 F.2d 937· 8th Cir.· 1978-03-13 ·cited 26×
• Morgan v. Hall
  569 F.2d 1161· 1st Cir.· 1978-01-26 ·cited 26×
  The court held that the prosecutor's improper questioning of the defendant about his post-arrest silence was not harmless error beyond a reasonable doubt, requiring the issuance of a writ of habeas corpus.
• United States ex rel. George Sims v. Allyn Sielaff
  563 F.2d 821· 7th Cir.· 1977-08-31 ·cited 26×
  A parolee's claim that a delay in their revocation hearing violates due process must be judged by the standards set forth in Barker v. Wingo, not by a presumption of prejudice based solely on the length of the delay.
• Scarborough v. State OF Ariz.
  531 F.2d 959· 9th Cir.· 1976-03-15 ·cited 26×·via Writ Of Habeas Corpus
  The court held that a prosecutor's comment on a defendant's silence after receiving Miranda warnings constitutes a violation of the Fifth Amendment, and such error is not harmless when it is extensive and stresses an inference of guilt.
• Lunz v. Henderson
  533 F.2d 1322· 2d Cir.· 1976-02-26 ·cited 26×
  The court held that a habeas corpus petitioner's claims of an involuntarily entered guilty plea, denial of effective assistance of counsel, and denial of the right of allocution were correctly rejected by the district court.
• Marchesani v. Sub Nom. Gary McCUNE
  531 F.2d 459· 10th Cir.· 1976-02-17 ·cited 26×
  The court held that the classification of a prisoner as a 'Special Offender' based on the nature of their convictions does not violate due process, and such classification is within the sound discretion of prison officials.
• Griffith v. Wyrick
  527 F.2d 109· 8th Cir.· 1975-12-08 ·cited 26×·via Habeas Corpus Relief
  A guilty plea induced by a belief of a specific sentence, especially when combined with claims of coercion, is involuntary if that belief is not unreasonable and not properly addressed by the court.
• Winford v. Swenson
  517 F.2d 1114· 8th Cir.· 1975-06-04 ·cited 26×·via Habeas Corpus Relief
• Maglaya v. Buchkoe
  515 F.2d 265· 6th Cir.· 1975-04-21 ·cited 26×
  The court held that the defendant may have been deprived of effective assistance of counsel due to counsel's failure to investigate and present critical evidence regarding the prosecution's key witness's mental condition.
• United States ex rel. Larry Johnson v. Vincent
  507 F.2d 1309· 2d Cir.· 1974-11-08 ·cited 26×
  The court held that the petitioner failed to exhaust state remedies because the federal constitutional claim was not fairly presented to the state courts.
• O'Berry v. Louie L. Wainwright
  300 So. 2d 740· Fla. 4th DCA· 1974-08-02 ·cited 26×
  The Florida District Court of Appeal affirmed O'Berry's conviction and sentence, finding no reversible error and holding that petitioner's critical contentions were not preserved for appellate review due to lack of proper and timely objection at trial.
• Hall v. Louie L. Wainwright
  493 F.2d 37· 5th Cir.· 1974-04-26 ·cited 26×·via Habeas Corpus Relief
  A federal court cannot grant habeas relief based on a state court's interpretation of state law, even if that interpretation differs from federal precedent.
• United States ex rel. Lonnie Leston Gibbs v. Zelker
  496 F.2d 991· 2d Cir.· 1974-04-23 ·cited 26×
  The court held that the petitioner has not exhausted state remedies because his federal constitutional claims were not fairly presented to the New York state courts.
• Nat Villiam Wright v. State OF N.C. & David Henry
  483 F.2d 405· 4th Cir.· 1973-08-02 ·cited 26×
  The court held that the Miranda warning given was constitutionally adequate and the petitioner's statement was voluntarily made, thus affirming the dismissal of his habeas petition.
• Birzon v. King
  469 F.2d 1241· 2d Cir.· 1972-12-06 ·cited 26×
  The court held that while the parole condition itself was constitutional, the revocation hearing was fundamentally unfair and denied due process by relying solely on an unverified state parole report without allowing confrontation or disclosure of informants.
• United States of Amercia ex rel. Emile A. Turner v. Rundle
  438 F.2d 839· 3d Cir.· 1971-01-26 ·cited 26×
  The court held that the relator's state remedies were exhausted regarding his Miranda claim and that he was not adequately advised of his right to free counsel. The court also found that a hearing was required to determine if the relator waived his rights under Kent v. United Sta
• Smith v. COX
  435 F.2d 453· 4th Cir.· 1970-12-08 ·cited 26×
  The court held that a state prisoner is entitled to an inquiry into the competency of the sentencing judge, as a denial of due process, and remanded for further proceedings.
• Losieau v. Sigler
  421 F.2d 825· 8th Cir.· 1970-02-06 ·cited 26×
  The court affirmed the district court's order granting a conditional writ of habeas corpus, finding that the petitioner's conviction was based on illegally seized evidence and that he did not waive his right to raise the issue.
• In re Whitney
  421 F.2d 337· 1st Cir.· 1970-01-13 ·cited 26×·via Writ Of Habeas Corpus
  The Eighth Amendment does not guarantee a right to bail pending a probation revocation hearing.
• Application of John Michael Speer v. Commander G. H. Hedrick
  419 F.2d 804· 9th Cir.· 1969-10-24 ·cited 26×·via Writ Of Habeas Corpus
  The court held that there was an adequate basis in fact for the Navy's denial of the conscientious objector discharge application.
• Gairson v. Hoyt C. Cupp
  415 F.2d 352· 9th Cir.· 1969-07-25 ·cited 26×
  A trial attorney's failure to protect an indigent client's right to appeal, by filing a notice or advising on procedure, constitutes ineffective assistance of counsel.
• McNEIL v. State OF N.C. & Major William C. Brown
  368 F.2d 313· 4th Cir.· 1966-09-08 ·cited 26×
  The court held that the petitioner did not waive his constitutional right to a jury free from systematic exclusion of Negroes, as waiver requires an intentional relinquishment of a known right.
• Evans v. Cunningham
  335 F.2d 491· 4th Cir.· 1964-08-06 ·cited 26×
  The court held that a state prisoner's habeas corpus petition need not be dismissed for failure to exhaust state remedies if the state courts have already authoritatively ruled on the identical substantive issue in a prior case, rendering further state court application futile.