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

• Cuevas v. Collins
  932 F.2d 1078· 5th Cir.· 1991-05-22 ·cited 20×
  The court held that the petitioner's Penry claim, competency to stand trial claim, and competency to be executed claim were procedurally barred or lacked merit, and thus denied the application for stay of execution.
• Coleman v. Thompson
  895 F.2d 139· 4th Cir.· 1990-01-31 ·cited 20×
  The court held that Coleman's claims were procedurally defaulted due to his failure to file a timely notice of appeal in state court, barring federal habeas review.
• Couch v. Trickey
  892 F.2d 1338· 8th Cir.· 1989-12-28 ·cited 20×
  The court held that trial counsel was not ineffective for failing to pursue a mental illness defense based on intoxication without psychosis, as it did not constitute a "mental disease or defect" under Missouri law.
• DeLUNA v. Lynaugh
  890 F.2d 720· 5th Cir.· 1989-12-05 ·cited 20×
  The court held that the petitioner's claims regarding the Texas death penalty statute were without merit and that his claim of denial of self-representation was an abuse of the writ, thus denying all relief.
• Hill v. Black
  887 F.2d 513· 5th Cir.· 1989-10-10 ·cited 20×
  The Fifth Circuit reversed the district court's conditional grant of habeas corpus relief regarding sentencing, finding the Mississippi contemporaneous objection rule was properly applied and that jury instructions were constitutional. The court affirmed the denial of the writ co
• United States v. Chapman
  866 F.2d 1326· 11th Cir.· 1989-03-02 ·cited 20×·via Writ Of Habeas Corpus
  The court held that the admission of the defendant's wife's out-of-court statements did not violate his Sixth Amendment right to confrontation or hearsay rules, and that the assertion of marital privilege did not render the statements inadmissible. The court also found no reversi
• Parker v. Dugger
  537 So. 2d 969· Fla.· 1988-12-01 ·cited 20×·via Writ Of Habeas Corpus
  Norman Parker, under a death sentence, petitioned for habeas corpus relief challenging his conviction and capital sentence on seven grounds, including claims of ineffective assistance of counsel, jury instruction errors, and constitutional violations. The Florida Supreme Court de
• Jones v. Dugger
  533 So. 2d 290· Fla.· 1988-11-10 ·cited 20×·via Writ Of Habeas Corpus
  Leo Alexander Jones, under a death warrant for the murder of a Jacksonville police officer, petitions for habeas corpus relief based on Booth v. Maryland's prohibition on victim impact evidence in capital sentencing. The Florida Supreme Court denies relief, holding that Jones pro
• Smith v. United States Parole Comm'n
  875 F.2d 1361· 9th Cir.· 1988-06-17 ·cited 20×
  The court held that a parolee is not entitled to credit on his federal sentence for time served in state custody due to alleged administrative error by federal authorities or financial inability to post bail, nor is a parole regulation considered a 'law' for ex post facto clause
• Reynolds v. Ellingsworth
  843 F.2d 712· 3d Cir.· 1988-03-31 ·cited 20×
  The court held that Delaware Superior Court Criminal Rule 51 does not act as a procedural bar to claims raised for the first time in a Rule 35 proceeding when counsel did not object at trial or on appeal, and that the adequacy of a state procedural rule depends on consistent appl
• Neron v. Tierney
  841 F.2d 1197· 1st Cir.· 1988-03-15 ·cited 20×
  The court held that the state courts' refusal to interview a juror, based on a weak showing of potential bias, did not violate due process, and thus federal habeas relief was inappropriate.
• Joseph v. Butler
  838 F.2d 786· 5th Cir.· 1988-03-03 ·cited 20×
  The court held that the record satisfied the requirements for accepting a guilty plea to a multiple offender charge to the extent they were applicable, and that the defendant failed to demonstrate ineffective assistance of counsel.
• Bates v. Blackburn
  805 F.2d 569· 5th Cir.· 1986-12-10 ·cited 20×
  The court held that federal habeas relief is barred by the procedural default rule (Wainwright v. Sykes) when a petitioner fails to make a contemporaneous objection in state court, unless cause and prejudice are shown.
• Reddix v. Thigpen
  805 F.2d 506· 5th Cir.· 1986-11-19 ·cited 20×
  The court held that the denial of lesser-included-offense instructions did not violate federal constitutional rights, the jury instructions on intent to rob were adequate, and the confession was voluntary.
• Glass v. Blackburn
  791 F.2d 1165· 5th Cir.· 1986-06-12 ·cited 20×
  The court held that the petitioner failed to make a substantial showing of the denial of a federal right, thus denying the certificate of probable cause and dismissing the appeal.
• Smith v. O.L. McCOTTER
  786 F.2d 697· 5th Cir.· 1986-04-07 ·cited 20×·via Application For Writ Of Habeas Corpus
  A federal court reviewing a state conviction via habeas corpus is limited to federal constitutional claims, and a guilty plea waives most preceding claims, including alleged defects in the indictment or lack of personal service.
• Damiano v. Fla. Parole & Prob. Comm'n & Jim Smith
  785 F.2d 929· 11th Cir.· 1986-04-01 ·cited 20×
  The court held that while errors in calculating a presumptive parole release date (PPRD) do not raise constitutional issues, the use of procedurally flawed disciplinary reports to extend a PPRD does present a colorable due process claim, and disparate treatment in PPRD modificati
• Umanzor v. Lambert
  782 F.2d 1299· 5th Cir.· 1986-02-18 ·cited 20×
  The dissenting judge would hold that the alien's departure was not legally executed because of insufficient notice to his attorney, and therefore the district court erred in dismissing the habeas petition.
• Charles "Red" Warden v. Wyrick
  770 F.2d 112· 8th Cir.· 1985-08-09 ·cited 20×
  The court held that the district court did not err in denying the habeas corpus petition, affirming the denial of relief.
• United States ex rel. Alonzo Howard Jones v. DeROBERTIS
  766 F.2d 270· 7th Cir.· 1985-06-17 ·cited 20×
  The court held that the state courts' rejection of the defendant's claims regarding false testimony and Brady violations was entitled to deference, and that the defendant's other claims lacked merit or were procedurally barred.
• Dendalee McBEE v. Grant
  763 F.2d 811· 6th Cir.· 1985-06-10 ·cited 20×
  The court held that the petitioner's Sandstrom claim is procedurally barred due to failure to object at trial, and the trial judge's comment did not render the trial fundamentally unfair.
• Burnside v. White
  760 F.2d 217· 8th Cir.· 1985-04-24 ·cited 20×
  The Court held that the application of a new parole statute, which changed parole from a mandatory to a discretionary release, did not violate the Ex Post Facto Clause because the Board determined that releasing the inmate would be a detriment to the community, a reason that woul
• Beans v. Black
  757 F.2d 933· 8th Cir.· 1985-03-08 ·cited 20×
  The court held that the appellant was not denied a full, fair, and adequate hearing on his competency to stand trial and did not receive ineffective assistance of counsel.
• Tyler v. Kemp
  755 F.2d 741· 11th Cir.· 1985-02-22 ·cited 20×
  The court held that the petitioner was denied effective assistance of counsel during the penalty phase of her trial due to counsel's failure to present mitigating evidence, and this failure prejudiced the defense.
• Rudolph v. Blackburn
  750 F.2d 302· 5th Cir.· 1984-12-04 ·cited 20×·via Habeas Corpus Relief
  A federal habeas petitioner's failure to raise an unexhausted claim in a prior petition constitutes an abuse of the writ, even if the claim was unexhausted at the time of the prior petition.
• Taylor v. Maggio
  727 F.2d 341· 5th Cir.· 1984-02-27 ·cited 20×
  The court held that the petitioner failed to make a substantial showing of the denial of a federal right, thus denying applications for certificates of probable cause and dismissing appeals.
• Carrier v. Hutto
  724 F.2d 396· 4th Cir.· 1983-12-27 ·cited 20×
  The dissenting judge argues that the petitioner failed to exhaust state remedies and did not demonstrate cause and prejudice for federal habeas review.
• Williams v. United States Parole Comm'n
  707 F.2d 1060· 9th Cir.· 1983-06-08 ·cited 20×
  The court held that a sentencing judge's parole comment form or presentence report can be considered 'new and significant adverse information' if not available to hearing examiners at the time of their decision.
• YIU Sing Chun and Jee-Chiu Shan v. Sava
  708 F.2d 869· 2d Cir.· 1983-05-19 ·cited 20×
  Stowaways seeking asylum are entitled to a hearing before an immigration judge to determine their eligibility for asylum, despite statutory provisions that generally deny procedural rights to stowaways.
• Thomas v. ARN
  704 F.2d 865· 6th Cir.· 1983-04-08 ·cited 20×
  The court held that Ohio's statutory definition of reasonable doubt, when considered as a whole with other jury instructions, adequately conveyed the concept and did not violate due process. The court also held that the trial court was not constitutionally required to instruct th
• Bass v. W.J. Estelle, Jr.
  696 F.2d 1154· 5th Cir.· 1983-02-04 ·cited 20×
  The court concurred in the result remanding the case for an evidentiary hearing on claims of ineffective assistance of counsel.
• Smith v. Louie L. Wainwright
  425 So. 2d 618· Fla. 2d DCA· 1982-12-30 ·cited 20×
  Petition for delayed appeal in a first-degree murder case denied on grounds of laches, where petitioner waited thirteen years after the legal right to seek delayed review was established.
• Harris v. Housewright
  697 F.2d 202· 8th Cir.· 1982-12-28 ·cited 20×
  The court held that the cumulative effect of the appointed counsel's multiple errors demonstrated a level of performance below that of reasonably competent practitioners, and that the defendant was prejudiced by this ineffectiveness.
• Fardella v. Garrison
  698 F.2d 208· 4th Cir.· 1982-12-23 ·cited 20×·via Writ Of Habeas Corpus
  The Commission was authorized to reopen parole proceedings based on previously existing but unconsidered information, and its actions did not create a presumption of vindictiveness.
• Bryant v. Louie L. Wainwright
  686 F.2d 1373· 11th Cir.· 1982-09-30 ·cited 20×
  The court held that the appellant failed to establish a prima facie case of discrimination in the selection of grand jury venires or forepersons, and thus, her habeas corpus petition was properly denied.
• United States ex rel. John William Bilyew v. Franzen
  686 F.2d 1238· 7th Cir.· 1982-08-17 ·cited 20×
  The court held that the misallocation of the burden of proof on the defendant to prove his unfitness to stand trial was not harmless error, as there was a reasonable possibility that the trial judge would have found the defendant unfit had the burden been correctly placed on the
• Williams v. Estelle
  681 F.2d 946· 5th Cir.· 1982-07-02 ·cited 20×
  The court held that while the denial of in forma pauperis status and dismissal of a claim based on state procedural rules were proper, other claims regarding an involuntary guilty plea stated a valid basis for federal habeas corpus relief.
• United States v. Scherer
  673 F.2d 176· 7th Cir.· 1982-01-26 ·cited 20×·via Habeas Corpus Relief
  The court held that newly discovered evidence did not demonstrate fundamental error sufficient to vacate the conviction, and prior rulings on the interpretation of the Gun Control Act and Fourth Amendment issues were controlling.
• Deloney v. Estelle
  661 F.2d 1061· 5th Cir.· 1981-11-20 ·cited 20×
  A prisoner waives the right to appeal the denial of habeas corpus relief by failing to object to the magistrate's findings and recommendations.
• Hardy v. Greadington
  405 So. 2d 768· Fla. 5th DCA· 1981-11-04 ·cited 20×
  Betty Jean Hardy challenged her parole aggravation by the Parole and Probation Commission on habeas corpus grounds, claiming the Commission improperly used elements of her accessory-after-the-fact conviction as an aggravating factor. The appellate court affirmed the trial court's
• Marshall v. Garrison
  659 F.2d 440· 4th Cir.· 1981-09-16 ·cited 20×
  The court held that the Parole Commission improperly considered offense severity for a youth offender sentenced before 1976, violating the ex post facto clause, and that the prisoner's claim regarding insufficient evidence for a second alleged robbery warranted an evidentiary hea
• Crick v. Smith
  650 F.2d 860· 6th Cir.· 1981-06-12 ·cited 20×
  The Court held that the harmless error rule can apply to due process violations concerning juvenile transfer orders, and that the 'deliberate bypass' rule, not 'cause and prejudice,' governs procedural defaults involving failure to appeal.
• Guzzardo v. Bengston
  643 F.2d 1300· 7th Cir.· 1981-03-13 ·cited 20×·via Petition For Habeas Corpus Relief
  The court held that the petitioner's Sixth Amendment confrontation clause rights were not violated by hearsay remarks or opening statement summaries, and the pandering statute was not unconstitutionally vague. Furthermore, the petitioner did not receive ineffective assistance of
• Hart v. Estelle
  634 F.2d 987· 5th Cir.· 1981-01-22 ·cited 20×
  The court held that the petitioner had not exhausted his state remedies because the state court did not have a fair opportunity to consider the evidence of his incompetency.
• Rutledge v. Louie L. Wainwright
  625 F.2d 1200· 5th Cir.· 1980-09-17 ·cited 20×
  The court held that the appellant's claims of ineffective assistance of counsel and inadequate review were insufficient to warrant habeas corpus relief.
• Dunbar v. Harris
  612 F.2d 690· 2d Cir.· 1979-12-21 ·cited 20×
  The court held that a witness's refusal to answer questions about unrelated drug dealings, even if potentially relevant to credibility, did not require striking his direct testimony when those questions were collateral to the subject of his direct testimony and the defendant was
• Honeycutt v. Ward
  612 F.2d 36· 2d Cir.· 1979-11-05 ·cited 20×·via Writ Of Habeas Corpus
  The court held that the trial court's finding that the petitioner was not represented by counsel in a 1949 Oklahoma conviction was clearly erroneous, as it was contradicted by documentary evidence and the petitioner's delay prejudiced the state.
• Wilkerson v. United States Bd. OF Parole
  606 F.2d 750· 7th Cir.· 1979-09-27 ·cited 20×
  The United States Parole Commission has the authority to order a parole violator's term to run consecutive to a new sentence and to forfeit good-time credit and credit for time served on parole.
• Burden v. State OF Ala.
  584 F.2d 100· 5th Cir.· 1978-11-17 ·cited 20×
  The court held that the state record was insufficient to determine if the guilty plea was voluntary, requiring a remand for a hearing on that issue.
• Lono v. Fenton
  581 F.2d 645· 7th Cir.· 1978-07-25 ·cited 20×
  The court held that the statute authorizing federal officials to contract with states for prisoner custody does not restrict the use of federal prison facilities to only those state offenders in need of treatment.