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

• Gibson v. Spalding
  665 F.2d 863· 9th Cir.· 1981-10-30 ·cited 14×
  The court held that a state prisoner's failure to object to a constitutionally infirm jury instruction at trial or on direct appeal is excused by cause and prejudice, allowing federal habeas corpus relief.
• Mrs. Leo H. Hays v. Al Murphy
  663 F.2d 1004· 10th Cir.· 1981-10-26 ·cited 14×
  The court held that the district court's finding of competency was based on inadequate evaluations, requiring reversal and remand for further proceedings.
• Breest v. Perrin
  655 F.2d 1· 1st Cir.· 1981-07-01 ·cited 14×
  The court held that the petitioners' habeas corpus claims were procedurally barred by New Hampshire's contemporaneous objection rule, as they failed to show cause for noncompliance and prejudice.
• Mata v. Sumner
  649 F.2d 713· 9th Cir.· 1981-06-29 ·cited 14×
  The court held that the pretrial photographic identification procedure was impermissibly suggestive, violating due process, and that this mixed question of law and fact is reviewable on habeas corpus.
• Solomon v. Smith
  645 F.2d 1179· 2d Cir.· 1981-02-26 ·cited 14×
  The court held that the identification procedures were not impermissibly suggestive and did not violate due process, and therefore habeas corpus relief was not warranted.
• Hooper v. Perini
  641 F.2d 445· 6th Cir.· 1981-02-17 ·cited 14×·via Habeas Corpus Relief
  The court held that even if the jury instruction improperly placed the burden of proof on the defendant for self-defense, the error was harmless beyond a reasonable doubt given the overwhelming evidence of guilt.
• Stewart v. Estelle
  634 F.2d 998· 5th Cir.· 1981-01-23 ·cited 14×
  Failure to comply with state procedural rules does not, in itself, raise a federal constitutional question cognizable in federal habeas corpus. A mixed petition containing exhausted and unexhausted claims must be dismissed without prejudice.
• Bumpus v. Gunter
  635 F.2d 907· 1st Cir.· 1980-12-03 ·cited 14×
  The court held that while some jury instructions were imperfect, they did not rise to the level of constitutional error that would deprive the petitioner of due process or the right to be convicted only under the standard of proof beyond a reasonable doubt. The court also found n
• Franklin v. Fenton
  642 F.2d 760· 3d Cir.· 1980-10-21 ·cited 14×·via Habeas Corpus Relief
  The Parole Commission's actions in withdrawing, reissuing, and holding warrants in abeyance pending disposition of criminal charges were permissible under the relevant statutes and regulations. A duplicate warrant issued after the expiration of a parole term is valid if the origi
• McGEE v. Estelle
  625 F.2d 1206· 5th Cir.· 1980-09-17 ·cited 14×
  An adversary judicial criminal proceeding does not commence until prosecuting authorities are aware of the arrest and have committed to prosecute, thus the Sixth Amendment right to counsel does not attach before this point.
• Terrebonne v. Blackburn
  624 F.2d 1363· 5th Cir.· 1980-08-29 ·cited 14×
• Brown v. Blackburn
  625 F.2d 35· 5th Cir.· 1980-08-27 ·cited 14×·via Writ Of Habeas Corpus
  The court held that a writ of habeas corpus must issue because the petitioner did not receive effective assistance of counsel and an impermissibly suggestive photographic identification procedure created a substantial likelihood of misidentification.
• Brown v. Jernigan
  622 F.2d 914· 5th Cir.· 1980-08-01 ·cited 14×
  The court held that the district court did not err in denying the habeas petition, as the petitioner's guilty plea was voluntary and knowing, and other claims lacked merit.
• Pruitt v. Housewright
  624 F.2d 851· 8th Cir.· 1980-07-09 ·cited 14×
  The dissenting judge would remand the case to the district court for further inquiry into the petitioner's claims of new evidence suggesting his conviction may have been based on incorrect testimony.
• Thompson v. Carlson
  624 F.2d 415· 3d Cir.· 1980-05-22 ·cited 14×·via Writ Of Habeas Corpus
  The majority reverses the district court's order, holding that the Bureau of Prisons is not bound to comply with the Federal Youth Corrections Act's segregation mandate for a youth offender who receives a consecutive adult sentence.
• Fasenmyer v. State
  383 So. 2d 706· Fla. 1st DCA· 1980-05-01 ·cited 14×·via Writ Of Habeas Corpus
  Fasenmyer appeals his convictions for breaking and entering with intent to commit a felony, grand larceny, and use of a firearm in commission of a felony. The appellate court reverses and remands for a new trial based on two trial court errors: admission of irrelevant testimony a
• Kennedy v. Fairman
  618 F.2d 1242· 7th Cir.· 1980-04-11 ·cited 14×
  The court held that a suspect's waiver of the right to remain silent, after consulting with an attorney, can constitute a knowing and voluntary waiver of the right to have counsel present during interrogation.
• Sena v. Romero
  617 F.2d 579· 10th Cir.· 1980-03-19 ·cited 14×·via Habeas Corpus Relief
  The court held that the trial court erred by placing the burden of proof on the petitioner to show his guilty plea was involuntary, when the record was silent and the burden should have shifted to the government.
• Passmore v. Estelle
  607 F.2d 662· 5th Cir.· 1979-11-27 ·cited 14×·via Writ Of Habeas Corpus
  Ineffective assistance of counsel can be established if the proceeding was fundamentally unfair or if a state official knew or should have known of the deficient representation and failed to act.
• Rundlett v. Oliver
  607 F.2d 495· 1st Cir.· 1979-08-01 ·cited 14×·via Habeas Corpus Relief
  The court upholds the Maine statute, finding that the gaps noted in a prior case have been filled by the present record, allowing for a plausible legislative purpose that meets heightened scrutiny for sex-based classifications.
• Allison v. Gray
  603 F.2d 633· 7th Cir.· 1979-07-30 ·cited 14×·via Habeas Corpus Relief
  The court held that the exclusion of alibi evidence under an unconstitutional statute was not harmless error beyond a reasonable doubt.
• Alexander v. Harris
  595 F.2d 87· 2d Cir.· 1979-03-01 ·cited 14×
• Bonds v. Louie L. Wainwright
  579 F.2d 317· 5th Cir.· 1978-08-30 ·cited 14×
  The court held that the trial court's findings were unsatisfactory and that the defendant was not familiar with his appellate rights, which was the controlling fact.
• Moore v. Duckworth
  581 F.2d 639· 7th Cir.· 1978-07-25 ·cited 14×
  The court held that the petitioner had not exhausted state remedies for his claims regarding memory erasure and speedy trial, and that his conviction was not devoid of evidentiary support regarding sanity.
• Doleman v. Muncy
  579 F.2d 1258· 4th Cir.· 1978-06-29 ·cited 14×
  The court held that federal courts must first determine if a state prisoner had an opportunity to litigate Fourth Amendment claims in state court before considering the merits, and that the petitioner's allegations regarding the show-up required further inquiry.
• United States ex rel. James Raymond Moore v. People OF the State OF Ill.
  577 F.2d 411· 7th Cir.· 1978-05-26 ·cited 14×
  The admission of testimony regarding the victim's pretrial identification of the defendant was harmless constitutional error because the victim's in-court identification was reliable and based on an independent source, and the failure to provide a transcript of the preliminary he
• Bonds v. Wainwright
  564 F.2d 1125· 5th Cir.· 1977-12-16 ·cited 14×
• Smith v. Mabry
  564 F.2d 249· 8th Cir.· 1977-10-21 ·cited 14×
  The court held that the ten-month delay between the appellant's demand for a speedy trial and his trial did not violate his Sixth Amendment right to a speedy trial.
• Rheuark v. Shaw
  547 F.2d 1257· 5th Cir.· 1977-03-03 ·cited 14×
  A prisoner's suit against a state court clerk and stenographer for failure to forward a transcript is a civil rights action, not a habeas corpus petition.
• Hill v. Attorney General OF the United States
  550 F.2d 901· 3d Cir.· 1977-02-23 ·cited 14×
  The court held that the corrected statement of reasons for parole denial was sufficient to satisfy due process, and the argument regarding the sentencing judge's intent was not preserved for appeal.
• Pope v. Sigler
  542 F.2d 460· 8th Cir.· 1976-09-22 ·cited 14×
  The court held that the district court properly denied the petitioner's § 2255 motion, affirming the denial of relief under Kortness and dismissing the due process claim for failure to exhaust administrative remedies.
• United States ex rel. Edgar Ross v. Fike
  534 F.2d 731· 7th Cir.· 1976-04-02 ·cited 14×·via Writ Of Habeas Corpus
  The court held that references to the petitioner's silence at a lineup, when he had been instructed he could remain silent, were not harmless error and thus denied him a trial free from prejudicial inferences.
• Jones v. Johnston
  534 F.2d 353· D.C. Cir.· 1976-03-23 ·cited 14×
  A parole violator warrant lodged as a detainer against a prisoner serving an intervening sentence constitutes sufficient 'custody' to support habeas corpus jurisdiction, and due process requires a prompt revocation hearing, not one deferred until the intervening sentence is serve
• Anderson v. Casscles
  531 F.2d 682· 2d Cir.· 1976-03-22 ·cited 14×
  The court held that while the statistical disparity of black jurors was insufficient to prove a constitutional violation, the issue of systematic exclusion of students over twenty-one from jury service was not adequately developed and required further proceedings.
• The State of Fla. ex rel. Rolando Bardina v. Sandstrom
  321 So. 2d 630· Fla. 3d DCA· 1975-11-12 ·cited 14×·via Writ Of Habeas Corpus
  A Florida appellate court reviewed a habeas corpus petition challenging an excessive bail amount of $350,000 set in a capital felony murder case. The court found the bail was excessive and reduced it to $50,000, emphasizing that defendants entitled to bail are entitled to reasona
• Loyd Jasper Ange, Jr. v. Paderick
  521 F.2d 1066· 4th Cir.· 1975-07-23 ·cited 14×
  The court held that a district court's recommendation for a federal prisoner to serve his sentence in a state facility has no legal effect and does not entitle the prisoner to credit for the period between the recommendation and actual transfer. However, a claim for credit on a s
• Ruetz v. Lash
  500 F.2d 1225· 7th Cir.· 1974-07-22 ·cited 14×
  An escape does not automatically constitute a deliberate bypass of state remedies for habeas corpus relief if the defendant returns to custody before the state court rules on their appeal.
• State v. Sampson
  297 So. 2d 120· Fla. 4th DCA· 1974-07-05 ·cited 14×·via Writ Of Habeas Corpus
  The court held that the First Amendment protects the use of visual illustrations to depict sexual material discussed in a report on obscenity.
• Leggroan v. Smith
  498 F.2d 168· 10th Cir.· 1974-06-11 ·cited 14×
  The court held that excluding non-freeholders from jury service constitutes a prima facie case of purposeful and systematic exclusion, violating the Equal Protection Clause.
• Jimmie v. Burnett
  491 F.2d 966· 5th Cir.· 1974-03-27 ·cited 14×
  The court held that a federal prisoner is entitled to credit for time spent in jail if denied bail solely due to a federal detainer, but must exhaust administrative remedies first. The court also held that a delay in a parole revocation hearing does not violate due process withou
• United States ex rel. Melvin Tobe v. Bensinger
  492 F.2d 232· 7th Cir.· 1974-02-12 ·cited 14×·via Writ Of Habeas Corpus
  Unauthorized jury communications, akin to an Allen charge without admonition, created a probability of prejudice, thus violating due process and warranting habeas corpus relief.
• United States ex rel. Robert B. J. Mulvaney v. Rush
  487 F.2d 684· 3d Cir.· 1973-11-05 ·cited 14×
  The court held that the district court erred in basing its decision on a deficient record and non-evidentiary material.
• Fitzgerald v. Beto
  479 F.2d 420· 5th Cir.· 1973-05-24 ·cited 14×
  The court granted the petition for rehearing en banc, vacating the prior panel decision.
• State of Fla. ex rel. Peter J. Renaldi v. Sandstrom
  276 So. 2d 109· Fla. 3d DCA· 1973-04-16 ·cited 14×·via Writ Of Habeas Corpus
  The Florida District Court of Appeal dismissed a habeas corpus petition challenging a $150,000 bond set by a circuit court judge, holding that while the appellate court has concurrent jurisdiction with the circuit court to hear such matters, the circuit court is the more appropri
• Lawrence "Lum" DYE v. Cowan
  472 F.2d 1206· 6th Cir.· 1972-12-27 ·cited 14×
  The court held that the appellant's claims of memory lapses do not constitute evidence of mental incompetence to stand trial, and a magistrate cannot issue a certificate of probable cause.
• United States ex rel. Pasquale Delle Rose v. LaVALLEE
  468 F.2d 1288· 2d Cir.· 1972-10-27 ·cited 14×
  The dissenting judge would remand the case to allow the state court to clarify its factual findings regarding the voluntariness of the confessions before the federal district court holds a new evidentiary hearing.
• Dell v. State OF La.
  468 F.2d 324· 5th Cir.· 1972-10-18 ·cited 14×
  The court held that the petitioner's due process rights were not violated by a lack of formal arraignment, and the evidence seized was admissible as it was the fruit of a lawful search incident to arrest.
• Saltys v. Adams
  465 F.2d 1023· 2d Cir.· 1972-08-18 ·cited 14×
  The court held that the defendant's Sixth Amendment right to counsel had not attached at the time of the lineup, and therefore, counsel's failure to object to the identification testimony did not constitute ineffective assistance of counsel.
• W. T v. State OF Ala.
  466 F.2d 507· 5th Cir.· 1972-08-15 ·cited 14×·via Habeas Corpus Relief
  The court held that dismissal of the petitioner's claim for daily medical attention and medication was improper, but affirmed dismissal of claims seeking transfer to a specific institution.
• Billie Austin X. (Bryant) v. Harris
  465 F.2d 365· 7th Cir.· 1972-07-26 ·cited 14×
  The court held that the district court erred in dismissing pro se habeas petitions without a hearing, as the allegations, if proven, could entitle petitioners to relief.