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

• Oxborrow v. Eikenberry
  877 F.2d 1395· 9th Cir.· 1989-06-12 ·cited 18×
  The court held that Washington's Sentencing Reform Act allowed for consecutive sentences for economic crimes and that the sentencing court did not rely on untrustworthy information, thus reversing the grant of habeas corpus relief.
• Tafero v. Dugger
  873 F.2d 249· 11th Cir.· 1989-05-01 ·cited 18×
  The court held that the petitioner's Caldwell claim and ineffective assistance of counsel claim are procedurally barred, and any Hitchcock error was harmless.
• Weidner v. Thieret
  866 F.2d 958· 7th Cir.· 1989-01-31 ·cited 18×·via Habeas Corpus Proceedings
• Glock v. Dugger
  537 So. 2d 99· Fla.· 1989-01-12 ·cited 18×·via Writ Of Habeas Corpus
  Robert Glock challenges his death sentence imposed for the August 1983 murder of a woman during a kidnapping and robbery committed with codefendant Puiatti. The Florida Supreme Court affirmed the trial court's summary denial of postconviction relief and rejected Glock's claims th
• Turner v. State OF Tenn.
  858 F.2d 1201· 6th Cir.· 1988-10-07 ·cited 18×
  The court held that a presumption of vindictiveness should not attach to the state's twenty-year plea bargain offer, as there was no realistic likelihood of vindictiveness.
• Bridge v. Lynaugh
  856 F.2d 712· 5th Cir.· 1988-09-14 ·cited 18×
  The court held that the defendant's mitigating circumstances were adequately addressed under Texas law, and thus denied the motion for a certificate of probable cause to appeal and the stay of execution.
• Edwards v. Scroggy
  849 F.2d 204· 5th Cir.· 1988-07-15 ·cited 18×
  The court held that the erroneous admission of a misdemeanor conviction was not prejudicial and did not require vacating the sentence, distinguishing the case from Johnson v. Mississippi.
• Buelow v. Dickey
  847 F.2d 420· 7th Cir.· 1988-05-31 ·cited 18×
• Johnson v. Dugger
  520 So. 2d 565· Fla.· 1988-02-24 ·cited 18×
  Larry Joe Johnson, under sentence of death for a 1979 first-degree murder, petitioned for habeas corpus relief arguing that the trial judge failed to consider nonstatutory mitigating evidence during sentencing. The Florida Supreme Court denied relief, holding that the judge's pro
• Ronny A. Zamora v. Dugger
  834 F.2d 956· 11th Cir.· 1987-12-28 ·cited 18×
  Fifteen-year-old Ronny Zamora was convicted of first-degree murder and other crimes in 1977 after his trial counsel raised an unsuccessful insanity defense based on "television intoxication." On habeas corpus review, Zamora claimed ineffective assistance of counsel on five ground
• Blackburn v. Foltz
  828 F.2d 1177· 6th Cir.· 1987-09-17 ·cited 18×
  The court held that the petitioner was denied effective assistance of counsel due to counsel's failures to suppress prior convictions, investigate alibi, and obtain a trial transcript for impeachment.
• United States v. Kovic
  830 F.2d 680· 7th Cir.· 1987-09-17 ·cited 18×
• Young v. Lynaugh
  821 F.2d 1133· 5th Cir.· 1987-07-20 ·cited 18×
  The court held that the district court properly entertained the habeas petition but must reconsider the substantive claims, vacating the judgment and remanding for further proceedings.
• Cook v. Lynaugh
  821 F.2d 1072· 5th Cir.· 1987-07-07 ·cited 18×
  The court held that ineffective assistance of counsel can constitute cause for a procedural default, and that the petitioner's counsel was constitutionally deficient for failing to investigate a prior conviction used for sentence enhancement.
• Woratzeck v. Ricketts
  820 F.2d 1450· 9th Cir.· 1987-06-25 ·cited 18×
  The court held that the claim of right defense is eliminated for robbery by statute and that no theft instruction was warranted due to lack of supporting evidence.
• Ochoa v. United States
  819 F.2d 366· 2d Cir.· 1987-05-22 ·cited 18×
  The court held that a prisoner is not entitled to credit against a criminal contempt sentence for time spent in civil contempt, and the Parole Commission may rely on hearsay statements in a presentence report even if the sentencing court declined to consider them.
• Chaussard v. Fulcomer
  816 F.2d 925· 3d Cir.· 1987-04-27 ·cited 18×
  The court held that the petitioner fairly presented his federal claims to the state courts, satisfying the exhaustion requirement for federal habeas corpus relief, and that his Sixth Amendment confrontation rights were not violated by the use of post-hypnosis testimony without a
• Trujillo v. Sullivan
  815 F.2d 597· 10th Cir.· 1987-04-01 ·cited 18×
  The court affirmed the dismissal of the habeas corpus petition, finding no constitutional violation in the trial court's procedures regarding lesser included offense instructions or jury voir dire.
• Nirmal Singh Dhangu v. Immigr. & Naturalization Serv.
  812 F.2d 455· 9th Cir.· 1987-03-06 ·cited 18×
  The court held that while district courts have jurisdiction to review discretionary stay denials by the INS, the habeas petition was moot because an automatic stay was already in effect. The court also held that the due process claim must first be addressed by the Board of Immigr
• Brennan v. Cunningham
  813 F.2d 1· 1st Cir.· 1987-03-03 ·cited 18×
  A prisoner's revocation from a work release program, which is closely tied to parole and offers a measure of liberty beyond incarceration, implicates a liberty interest protected by due process. The revocation must be based on specific grounds outlined in state regulations and su
• Henderson v. Carlson
  812 F.2d 874· 3d Cir.· 1987-02-27 ·cited 18×
  The dissenting judge would affirm the order appealed from, finding no substantial evidence to support the charge against the inmate.
• Perry v. Freddy V. Smith
  810 F.2d 1078· 11th Cir.· 1987-02-23 ·cited 18×·via Habeas Corpus Relief
  The Due Process Clause does not require a state court to instruct the jury on lesser included offenses in a noncapital murder case.
• Johnson v. Thigpen
  806 F.2d 1243· 5th Cir.· 1986-12-17 ·cited 18×
  The court held that the Mississippi Supreme Court's inconsistent application of the 'especially heinous, atrocious or cruel' aggravating circumstance did not render the death sentence unconstitutional because the capital murder statute itself sufficiently narrows the class of eli
• Thigpen v. Smith
  792 F.2d 1507· 11th Cir.· 1986-06-20 ·cited 18×
  The court held that the district court erred in approving a stipulation that allowed for piecemeal litigation of habeas corpus claims, violating the policies against successive petitions.
• United States v. O'Leary
  788 F.2d 1238· 7th Cir.· 1986-04-16 ·cited 18×·via Writ Of Habeas Corpus
  The court held that the petitioner's appeal must be dismissed for lack of jurisdiction because the notice of appeal was not timely filed and no timely motion for an extension was made.
• Brock v. O.L. McCOTTER
  781 F.2d 1152· 5th Cir.· 1986-02-05 ·cited 18×
  The court held that the prospective juror's inability to consider the death penalty under any circumstances justified her disqualification, the Texas sentencing scheme did not unconstitutionally prevent consideration of mitigating evidence, the prosecutor's comments did not viola
• Crespo-Gomez v. Richard
  780 F.2d 932· 11th Cir.· 1986-01-21 ·cited 18×
  The court held that the Board of Immigration Appeals did not abuse its discretion in finding the alien ineligible for asylum due to a conviction for a particularly serious crime, and that the district court erred in granting and refusing to dissolve a preliminary injunction.
• Holland v. Attorney General of New Jersey
  777 F.2d 150· 3d Cir.· 1985-11-22 ·cited 18×
  The admission of a co-defendant's confession implicating the defendant, even if deemed harmless error by state courts, violates the Sixth Amendment's Confrontation Clause and requires reversal unless the prosecution proves harmlessness beyond a reasonable doubt.
• Fryer v. Crispus NIX
  775 F.2d 979· 8th Cir.· 1985-10-21 ·cited 18×
  The court held that Fryer's habeas corpus petition was properly denied because the evidence was sufficient for conviction, the prosecution did not suppress material exculpatory evidence, his confession was voluntary, the voluntariness hearing was constitutionally adequate, and th
• Urdy v. O.L. McCOTTER
  773 F.2d 652· 5th Cir.· 1985-10-15 ·cited 18×
  The court held that the district court erred by dismissing the habeas corpus petition for abuse of the writ without providing the pro se petitioner with adequate notice, including a Rule 9(b) form or equivalent.
• Griggs v. Louie L. Wainwright
  473 So. 2d 49· Fla. 1st DCA· 1985-08-01 ·cited 18×·via Writ Of Habeas Corpus
  The court held that the trial court correctly denied the petition for writ of habeas corpus because the petitioner failed to exhaust administrative remedies.
• Jones v. Louie L. Wainwright
  473 So. 2d 1244· Fla.· 1985-06-13 ·cited 18×
  Leo Jones petitioned for habeas corpus alleging his appellate counsel rendered ineffective assistance during his direct appeal in a death penalty case. The Florida Supreme Court denied the petition, finding that Jones's counsel was not ineffective because the issues Jones wanted
• Gilbert v. Al Parke
  763 F.2d 821· 6th Cir.· 1985-06-10 ·cited 18×·via Habeas Corpus Relief
  The Sixth Circuit affirmed the district court's denial of habeas corpus relief, holding that the petitioner's Fourth Amendment claim was barred by Stone v. Powell and that his other claims were procedurally defaulted without a showing of cause and prejudice.
• Kirkman v. Louie L. Wainwright
  465 So. 2d 1262· Fla. 5th DCA· 1985-02-15 ·cited 18×·via Writ Of Habeas Corpus
  Kirkman petitioned for habeas corpus relief after being resentenced for probation violation to 4.5 years without receiving credit for 4 years of imprisonment served before his initial parole release. The court held that Florida law requires sentencing courts to credit all prior p
• United States ex rel. Miles Cole v. Lane
  752 F.2d 1210· 7th Cir.· 1985-01-07 ·cited 18×
  The court held that fragmented co-defendant statements did not violate Bruton, and the claim of ineffective assistance of counsel due to antagonistic defenses was waived.
• Miller v. Fenton
  741 F.2d 1456· 3d Cir.· 1984-08-17 ·cited 18×
  The court held that the majority erred in treating the voluntariness of a confession as a question of fact, thereby deferring to state court findings, when Supreme Court precedent establishes it as a mixed question of law and fact requiring independent federal review.
• Irving v. Thigpen
  732 F.2d 1215· 5th Cir.· 1984-05-07 ·cited 18×
  The court held that the Mississippi parole statute does not create a constitutionally protected liberty interest, thus precluding a due process claim. However, an equal protection claim based on racial discrimination requires exhaustion of state remedies.
• Adams v. State
  449 So. 2d 819· Fla.· 1984-05-02 ·cited 18×·via Writ Of Habeas Corpus
  James Adams, convicted of first-degree murder and sentenced to death, appeals the denial of his post-conviction relief motion and petitions for habeas corpus. The Florida Supreme Court affirms the trial court's denial, rejecting his arguments that his death sentence relied on an
• Autry v. McKASKLE
  727 F.2d 358· 5th Cir.· 1984-03-01 ·cited 18×
  The court held that a prisoner's decision to forgo mitigation evidence and prefer death over life imprisonment, if knowing and voluntary, does not render counsel ineffective for failing to seek a competency hearing. The court also held that the brief delay and uncertainty during
• Henry v. Louie L. Wainwright
  721 F.2d 990· 5th Cir.· 1983-12-13 ·cited 18×
  The court held that the trial judge's consideration of nonstatutory aggravating factors was not unconstitutional under Barclay v. Florida, and other claims regarding jury instructions, felony murder, ineffective assistance of counsel, and proportionality were also rejected.
• Nunez-Guardado v. Hadden
  722 F.2d 618· 10th Cir.· 1983-12-12 ·cited 18×
  The court held that the Parole Commission did not abuse its discretion or violate the appellant's rights by considering the deaths of 13 aliens when setting his parole date above the guidelines.
• Neely v. Israel
  715 F.2d 1261· 7th Cir.· 1983-09-02 ·cited 18×
  The court held that a defendant who testifies waives the privilege against self-incrimination for matters reasonably related to the subject of direct examination, and cross-examination on the Lessard-Wright incidents was within that scope.
• Dunn v. Maggio
  712 F.2d 998· 5th Cir.· 1983-08-22 ·cited 18×
  The court held that the petitioner's guilty plea was knowing and voluntary, and the repeal of a statute concerning sentence commutation did not violate the ex post facto clause.
• Schindler v. Clerk OF Cir. Court
  715 F.2d 341· 7th Cir.· 1983-08-22 ·cited 18×
  A prior uncounseled civil forfeiture for OWI can be used to enhance a subsequent criminal penalty for OWI, as it serves to notify the offender of their status and the state's policy, rather than punishing the prior offense itself.
• Plunkett v. W.J. Estelle, Jr.
  709 F.2d 1004· 5th Cir.· 1983-07-22 ·cited 18×
  The majority erred by failing to give sufficient deference to the Texas Court of Criminal Appeals' findings regarding the jury charge and prosecutor's argument.
• O'Tuel v. J.E. Osborne
  706 F.2d 498· 4th Cir.· 1983-05-18 ·cited 18×
  A guilty plea induced by gross misinformation from counsel regarding parole eligibility, even if not the primary concern, renders the plea involuntary and violates the Sixth Amendment right to counsel.
• Pasquini v. Morris
  700 F.2d 658· 11th Cir.· 1983-03-17 ·cited 18×·via Writ Of Habeas Corpus
  The court held that the Immigration and Naturalization Service's Internal Operating Instruction (O.I.) 103.1(a)(1)(ii) does not confer substantive rights on aliens seeking deferred action status, as it is for the convenience of the INS and lacks the force of law.
• French v. Estelle
  696 F.2d 318· 5th Cir.· 1982-12-29 ·cited 18×
  The court held that the failure to file a cross-appeal does not preclude review of a constitutional claim when affirming a grant of habeas corpus relief, especially when the claim is clear and necessary to prevent a miscarriage of justice.
• Martin v. State OF Tex.
  694 F.2d 423· 5th Cir.· 1982-12-27 ·cited 18×
  The court held that the defendant's allegations of ineffective assistance of counsel, if true, entitle him to an evidentiary hearing, and that the record does not conclusively refute these allegations.
• Elva Rubio v. Estelle
  689 F.2d 533· 5th Cir.· 1982-10-18 ·cited 18×·via Petition For Habeas Corpus Relief
  The court held that the appellant's constitutional rights were not violated during her state trial, and thus federal habeas corpus relief was properly denied.