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

• Elledge v. Graham
  432 So. 2d 35· Fla.· 1983-04-14 ·cited 16×·via Writ Of Habeas Corpus
  The court denied all petitions for extraordinary relief, including writs of habeas corpus and quo warranto, and affirmed the denial of a motion to vacate judgment and sentence, holding that a guilty plea waives the right to appeal prior rulings and that a death sentence can be ca
• Greider v. Duckworth
  701 F.2d 1228· 7th Cir.· 1983-03-09 ·cited 16×
  The court held that the Jackson v. Virginia standard for reviewing sufficiency of evidence under due process does not apply to affirmative defenses like insanity, even if state law places the burden of proof on the prosecution.
• Hall v. Maggio
  697 F.2d 641· 5th Cir.· 1983-02-07 ·cited 16×
  The court held that the magistrate's findings that the petitioner's guilty plea was voluntary and intelligent, and that no promise of parole was made, were not clearly erroneous.
• Reyes Garcia v. Hal W. Boldin
  691 F.2d 1172· 5th Cir.· 1982-11-22 ·cited 16×·via Writ Of Habeas Corpus
  The court held that the district court had statutory authority to refer a habeas corpus petition concerning deportation to a magistrate, and that the petition did not raise new grounds that could not have been presented earlier.
• Schlang v. Heard
  691 F.2d 796· 5th Cir.· 1982-11-18 ·cited 16×
  The court held that the petitioner's claims did not raise disputed issues of material fact and affirmed the district court's dismissal, treating it as a grant of summary judgment.
• Williams v. Dallas Cnty. Comm'rs
  689 F.2d 1212· 1st Cir.· 1982-10-25 ·cited 16×
  A state prisoner's claim attacking the constitutionality of his incarceration due to discriminatory jury selection is cognizable only through habeas corpus, not under § 1983, and must first exhaust state remedies.
• Moultrie v. Martin
  690 F.2d 1078· 4th Cir.· 1982-09-30 ·cited 16×·via Petition For Habeas Corpus Relief
  The court held that the petitioner failed to establish a prima facie case of racial discrimination in the grand jury selection process due to insufficient statistical evidence and improper methodology.
• Prater v. Maggio
  686 F.2d 346· 5th Cir.· 1982-09-24 ·cited 16×
  The court held that a state court's decision to apply a new rule prospectively does not violate the federal Constitution, and that claims waived by failure to make a contemporaneous objection are procedurally barred.
• Fritz v. Spalding
  682 F.2d 782· 9th Cir.· 1982-07-27 ·cited 16×
  The court held that a defendant's motion to proceed pro se is timely if made before trial begins, unless it is shown to be a tactic to secure delay, and a federal court must grant an evidentiary hearing if material facts were not adequately developed in state court.
• Fowler v. Jago
  683 F.2d 983· 6th Cir.· 1982-07-20 ·cited 16×
  The majority opinion orders a remand for a new evidentiary hearing to determine the voluntariness of statements made by petitioners after arrest, finding the state court's factual determination on voluntariness was not entitled to the presumption of correctness under 28 U.S.C. §
• Thompson v. White
  680 F.2d 1173· 8th Cir.· 1982-06-04 ·cited 16×
  The court held that the petitioner demonstrated both cause for his procedural default and actual prejudice resulting from the jury selection method, satisfying the standard for collateral review.
• Meyer v. State
  415 So. 2d 70· Fla. 5th DCA· 1982-06-02 ·cited 16×·via Writ Of Habeas Corpus
  Meyer sought belated appellate review via habeas corpus after his court-appointed public defender failed to timely file his appeal. The court granted the petition but, on the State's motion for rehearing, grappled with whether Polk County v. Dodson undermined the precedent establ
• United States ex rel. John Clauser v. Shadid
  677 F.2d 591· 7th Cir.· 1982-05-07 ·cited 16×
  The court held that the petitioner failed to exhaust state remedies for his ineffective assistance of counsel claim, requiring dismissal of his entire habeas petition.
• Potts v. Louie Wainwright
  413 So. 2d 156· Fla. 4th DCA· 1982-04-28 ·cited 16×·via Writ Of Habeas Corpus
  Willie Potts' public defender failed to timely file a notice of appeal because she incorrectly believed a sentence-mitigation motion tolled the appeal deadline. The Fourth District initially denied his habeas petition for delayed appellate review, but reconsidered and granted it,
• Knott v. Mabry
  671 F.2d 1208· 8th Cir.· 1982-03-11 ·cited 16×
  The court held that the trial counsel's cross-examination of the state's toxicologist, while perhaps not ideal, fell within the bounds of constitutionally adequate representation and did not prejudice the defense.
• Camarillo v. Estelle
  670 F.2d 473· 5th Cir.· 1981-12-30 ·cited 16×
  The court held that the district court erred in granting habeas corpus relief without an evidentiary hearing when the state disputed material facts regarding the petitioner's claim of ineffective assistance of counsel.
• Albers v. Ralston
  665 F.2d 812· 8th Cir.· 1981-12-03 ·cited 16×
  The court held that federal prisoners cannot use habeas corpus to challenge prison classification conditions unless they allege a substantial infringement of a constitutional right.
• Harless v. Anderson
  664 F.2d 610· 6th Cir.· 1981-11-24 ·cited 16×
  The court held that the jury instructions were so garbled and confusing that they violated the defendant's constitutionally guaranteed right to due process of law, and that the petitioner had exhausted his state remedies.
• Thompson v. White
  661 F.2d 103· 8th Cir.· 1981-10-14 ·cited 16×
  The court held that the sheriff's personal selection of the entire jury panel, especially in a case where the victim was a law enforcement officer, created a sufficient risk of prejudice to violate due process.
• Sassoon v. Stynchombe
  654 F.2d 371· 5th Cir.· 1981-08-28 ·cited 16×·via Application For Writ Of Habeas Corpus
  A violation of the Interstate Agreement on Detainers does not require federal habeas corpus relief if the prisoner suffered no prejudice from the violation.
• R. M. P. v. Carlton Jones
  392 So. 2d 301· Fla. 1st DCA· 1980-12-23 ·cited 16×·via Writ Of Habeas Corpus
  A juvenile court judge has the inherent power to impose reasonable conditions on a dependent child and to hold the child in contempt for violating those conditions, with placement in secure detention being permissible.
• Britton v. Rogers
  631 F.2d 572· 8th Cir.· 1980-10-02 ·cited 16×
  The court held that the district court erred in granting a writ of habeas corpus, finding no constitutional defect in the conviction or sentence, and that sentencing guidelines are not constitutionally mandated in non-capital cases.
• Preacher v. Estelle
  626 F.2d 1222· 5th Cir.· 1980-10-01 ·cited 16×
  The court held that the victim's identification was sufficiently reliable despite potential lineup suggestiveness, and the evidence was sufficient to support the conviction.
• Donnell Thomas v. Cardwell
  626 F.2d 1375· 9th Cir.· 1980-09-08 ·cited 16×
  The court held that the admission of a witness's prior testimony, even if the witness was evasive or claimed memory loss at trial, did not violate the Confrontation Clause if the witness was subject to cross-examination at the time the prior testimony was given and the witness's
• United States ex rel. Melvin Lee Smith v. Rowe
  618 F.2d 1204· 7th Cir.· 1980-03-21 ·cited 16×
  A prosecutor's comments during closing arguments that draw attention to a defendant's pretrial silence regarding an alibi defense constitute constitutional error, violating due process and the privilege against self-incrimination.
• Jacobs v. Supt. Walter Redman
  616 F.2d 1251· 3d Cir.· 1980-02-19 ·cited 16×
  The court held that the trial court's failure to ask certain voir dire questions did not violate the appellant's constitutional rights, but the increased sentence imposed after retrial violated due process under North Carolina v. Pearce.
• Jones v. Louie L. Wainwright
  604 F.2d 414· 5th Cir.· 1979-10-12 ·cited 16×
  The court held that the petitioner's guilty plea was not coerced and his attorney at the probation revocation hearing provided reasonably effective assistance.
• Christopher v. U. S. Bd. OF Parole
  589 F.2d 924· 7th Cir.· 1978-12-29 ·cited 16×
  The court should have remanded for a determination of whether the Board's denial of confrontation and cross-examination was a proper exercise of discretion.
• Smith v. Lou V. Brewer
  577 F.2d 466· 8th Cir.· 1978-06-22 ·cited 16×·via Writ Of Habeas Corpus
  The court affirmed the district court's denial of the petition for a writ of habeas corpus.
• Gray v. Estelle
  574 F.2d 209· 5th Cir.· 1978-05-30 ·cited 16×
  The court held that the district court abused its discretion in denying the respondent's motion for relief from judgment under Rule 60(b)(6) and remanded for a full evidentiary hearing on the conflict of interest and waiver issues.
• Bulger v. McCLAY
  575 F.2d 407· 2d Cir.· 1978-05-04 ·cited 16×
  The court held that the state court's failure to provide a full and fair hearing on the issue of jury prejudice, due to the introduction of extrinsic evidence, warranted federal habeas corpus relief.
• Balthazar v. Superior Court OF the Commonwealth OF Mass.
  573 F.2d 698· 1st Cir.· 1978-04-04 ·cited 16×
  The court held that the Massachusetts statute prohibiting "unnatural and lascivious acts" was unconstitutionally vague as applied to the petitioner's conduct of fellatio and oral-anal contact.
• ST. John v. Estelle
  563 F.2d 168· 5th Cir.· 1977-11-17 ·cited 16×
  The Fifth Circuit Court of Appeals, sitting en banc, reversed the district court's grant of a writ of habeas corpus. The majority held that the petitioner's failure to comply with the Texas contemporaneous objection rule barred federal habeas review of his claim that the prosecut
• White v. Warden, United States Penitentiary
  566 F.2d 57· 9th Cir.· 1977-11-15 ·cited 16×·via Writ Of Habeas Corpus
  The Parole Commission and Reorganization Act of 1976 does not apply retroactively to grant credit for time spent on parole prior to its effective date.
• Ferguson v. Boyd
  566 F.2d 873· 4th Cir.· 1977-10-11 ·cited 16×
• Nimrod T. Solomon v. Benson
  563 F.2d 339· 7th Cir.· 1977-10-06 ·cited 16×
  A federal prisoner is not entitled to a due process hearing prior to being classified as a special offender, as such classification does not deprive them of a constitutionally protected liberty or property interest.
• Salazar v. Estelle
  547 F.2d 1226· 5th Cir.· 1977-03-02 ·cited 16×·via Habeas Corpus Relief
  The court held that the appellant's claims of ineffective assistance of counsel and cruel and unusual punishment were without merit.
• Agee v. Wyrick
  546 F.2d 1324· 8th Cir.· 1976-12-30 ·cited 16×
  The dissenting judge believes the ineffective assistance of counsel claim is not unexhausted, even if a specific consequence like sentence enhancement was not explicitly raised in state courts.
• Makal v. State OF Ariz. & Harold G. Card-well
  544 F.2d 1030· 9th Cir.· 1976-10-26 ·cited 16×
  The court held that the petitioner's guilty plea was validly accepted because the trial court adequately ensured it was knowing and voluntary, and the petitioner's mental competency to plead guilty was sufficiently established or reconstructible from the record. The court also he
• RAY v. Rose
  535 F.2d 966· 6th Cir.· 1976-05-10 ·cited 16×
  The court held that James Earl Ray's guilty plea was entered voluntarily and knowingly, and he was not denied effective assistance of counsel despite potential conflicts of interest and alleged procedural improprieties.
• Weiland v. Parratt
  530 F.2d 1284· 8th Cir.· 1976-02-24 ·cited 16×
  The court held that the district court did not err in denying the habeas corpus petition, affirming the conviction.
• Cabbler v. Superintendent, Va. State Penitentiary
  528 F.2d 1142· 4th Cir.· 1975-12-08 ·cited 16×·via Habeas Corpus Relief
  The court held that impounding a vehicle after arresting the driver away from home, and conducting an inventory search of its contents, is reasonable under the Fourth Amendment when done for safekeeping or to remove a nuisance.
• United States ex rel. Leon Wash. v. Vincent
  525 F.2d 262· 2d Cir.· 1975-11-05 ·cited 16×
  A conviction obtained through a prosecutor's knowing use of perjured testimony, even if the defense had reason to suspect it and failed to act, violates due process if the false testimony could have affected the jury's judgment.
• Sherrill v. Wyrick
  524 F.2d 186· 8th Cir.· 1975-10-17 ·cited 16×
  The court held that the petitioner's trial counsel's failure to object to jury instructions or call certain witnesses did not render the trial fundamentally unfair or constitute a miscarriage of justice, thus not violating constitutional rights.
• Austin v. Swenson
  522 F.2d 168· 8th Cir.· 1975-09-19 ·cited 16×
  The court held that the district court erred in dismissing the habeas corpus petition on non-exhaustion grounds when new evidence warranted an evidentiary hearing and the state had previously had a chance to address the issue.
• Farr v. Pitchess
  522 F.2d 464· 9th Cir.· 1975-08-07 ·cited 16×·via Writ Of Habeas Corpus
  A reporter's First Amendment right to protect news sources must yield when it conflicts with a court's compelling interest in enforcing orders designed to ensure a fair trial for criminal defendants.
• The Honorable Robert W. Rawlins v. Kelley
  322 So. 2d 10· Fla.· 1975-07-31 ·cited 16×·via Writ Of Habeas Corpus
  The Florida Supreme Court held that a juvenile's prior discharge from juvenile court proceedings under the speedy trial rule bars subsequent prosecution of the same offenses as an adult in criminal court, based on equitable estoppel principles, even though double jeopardy did not
• Carey M. Horowitz v. Henderson
  514 F.2d 740· 5th Cir.· 1975-06-12 ·cited 16×·via Writ Of Habeas Corpus
  The court held that an attorney representing co-defendants with conflicting interests must fully disclose the dual representation and its consequences to ensure a defendant's plea is informed.
• Keiper v. Hoyt C. Cupp
  509 F.2d 238· 9th Cir.· 1975-01-13 ·cited 16×
  The court held that the district court did not err in denying the habeas corpus petition without an evidentiary hearing, as the state court record adequately demonstrated the voluntariness of the appellant's statements.
• Spencer v. Mrs. Rochelle Terebelo Spencer
  305 So. 2d 256· Fla. 3d DCA· 1974-12-31 ·cited 16×·via Writ Of Habeas Corpus
  In this consolidated appeal from a Florida divorce proceeding, the court affirmed a trial court's award of permanent child custody to the mother and child support to the appellee, but reduced the attorney's fee award. The case arose after the mother fled Louisiana with the childr