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

• Smith v. Kemp
  849 F.2d 481· 11th Cir.· 1988-06-13 ·cited 12×
  The court held that it lacked jurisdiction to hear the appeal and cross-appeal because the district court's order was not a final judgment under 28 U.S.C. § 1291 and lacked the necessary Rule 54(b) certification.
• Giarratano v. Murray
  847 F.2d 1118· 4th Cir.· 1988-06-03 ·cited 12×
  The court, in a concurring opinion, expresses doubt about the plaintiffs' standing to prosecute their case due to the consistent provision of counsel in state post-conviction proceedings.
• Singleton v. Thigpen
  847 F.2d 668· 11th Cir.· 1988-05-27 ·cited 12×
  The court held that the petitioner was not denied effective assistance of counsel and that his confession was voluntary, affirming the denial of federal habeas relief.
• Cade Allen Plazinich v. Lynaugh
  843 F.2d 836· 5th Cir.· 1988-05-02 ·cited 12×
  The court held that a police officer's statement to a suspect about his co-defendant's suicide attempt, after the suspect had invoked his right to counsel and interrogation had ceased, did not constitute 'interrogation' under Edwards v. Arizona, and therefore did not violate the
• Prantil v. State OF Cal.
  843 F.2d 314· 9th Cir.· 1988-03-31 ·cited 12×
  The court held that the prisoner's claims of insufficient evidence, erroneous jury instructions, denial of judicial immunity, and pre-indictment delay did not violate his due process rights, and thus affirmed the district court's dismissal of his habeas corpus petition.
• Torrey v. Estelle
  842 F.2d 234· 9th Cir.· 1988-03-23 ·cited 12×
  The court held that a prisoner's resentencing to state prison after being committed to the Youth Authority was a collateral consequence, not a direct one, and thus the trial court was not required to advise him of this possibility at the time of his guilty plea.
• Lawrence v. Jones
  837 F.2d 1572· 11th Cir.· 1988-02-26 ·cited 12×
  The court held that while the petitioner's delay in challenging his conviction was unreasonable, the state failed to demonstrate particularized prejudice caused by that delay, thus vacating the dismissal and remanding for further proceedings.
• Bridge v. Lynaugh
  838 F.2d 770· 1st Cir.· 1988-02-18 ·cited 12×
  The court held that the trial court did not err in excluding evidence of a co-defendant's conviction and sentence, and that the appellant's claims of ineffective assistance of counsel lacked merit.
• In re Tyler
  839 F.2d 1290· 8th Cir.· 1988-01-28 ·cited 12×
  The court held that the district court did not err in limiting an inmate's filings and imposing conditions due to his abusive litigation practices.
• O'Halloran v. Ryan
  835 F.2d 506· 3d Cir.· 1987-12-18 ·cited 12×
  A state prisoner seeking federal habeas corpus relief must exhaust available state remedies, including developing necessary factual support through state post-conviction procedures, before the federal court will consider the merits of the claim.
• Schwartz v. Muncy
  834 F.2d 396· 4th Cir.· 1987-12-02 ·cited 12×
  The court held that applying Virginia's 1979 parole eligibility statute to Schwartz's 1978 conviction violates the ex post facto clause.
• Procter v. Butler
  831 F.2d 1251· 5th Cir.· 1987-11-16 ·cited 12×
  The court held that the petitioner waived his Sandstrom claim due to failure to object at trial, Batson is not retroactive on collateral review, ineffective assistance of counsel was not demonstrated, joinder of charges was not prejudicial, and evidence was sufficient for convict
• Adams v. Louie L. Wainwright
  512 So. 2d 1077· Fla. 1st DCA· 1987-09-11 ·cited 12×
  A Florida prisoner challenged disciplinary hearing proceedings that resulted in 120 days of gain time loss. The court reversed the trial court's dismissal of the habeas corpus petition, finding the prisoner entitled to an evidentiary hearing on claims that he was denied the const
• Williams v. Weldon
  826 F.2d 1018· 11th Cir.· 1987-09-08 ·cited 12×
  The court affirmed the denial of the habeas corpus petition, finding no constitutional error in the identification procedures, ineffective assistance of counsel, or prosecutorial misconduct.
• Smith v. Ylst
  826 F.2d 872· 9th Cir.· 1987-09-01 ·cited 12×
  The court held that a defendant must show specific prejudicial errors to prove ineffective assistance of counsel due to attorney mental incapacity, and that the trial court did not err in denying an evidentiary hearing on counsel's competence.
• Ewing v. Rodgers
  826 F.2d 967· 10th Cir.· 1987-08-19 ·cited 12×·via Habeas Corpus Proceedings
  The court held that habeas corpus actions arising from criminal confinement are not 'civil actions' within the meaning of the Equal Access to Justice Act (EAJA), and thus attorney's fees cannot be awarded under it.
• Earnest Lee Miller v. Dugger
  820 F.2d 1135· 11th Cir.· 1987-06-12 ·cited 12×·via Habeas Corpus Relief
  The court reinstated its prior ruling in Miller v. Wainwright, finding that the Supreme Court's decision in Pennsylvania v. Ritchie supports the need for in camera review of grand jury testimony.
• Johnson v. Williford
  821 F.2d 1279· 7th Cir.· 1987-06-04 ·cited 12×
  The U.S. Parole Commission has statutory authority to decide parole suitability for D.C. Code offenders, but must apply D.C. parole laws and regulations, not federal ones.
• Dooley v. George Petsock. Appeal of John Henry Dooley, Jr.
  816 F.2d 885· 3d Cir.· 1987-04-22 ·cited 12×
  The court held that the majority erred in not remanding for an evidentiary hearing to determine if counsel was ineffective for failing to seek disqualification of the prosecutor, given the prosecutor's prior representation of the defendant.
• United States v. Aiello
  814 F.2d 109· 2d Cir.· 1987-03-18 ·cited 12×·via Writ Of Habeas Corpus
  The court held that the district court erred in summarily denying the appellants' motion for a new trial without a hearing, as their affidavits raised genuine issues of material fact regarding conflicts of interest. The court affirmed the denial of Scaduto's motion to correct his
• Young v. Simmons
  506 So. 2d 434· Fla. 2d DCA· 1987-02-18 ·cited 12×·via Writ Of Habeas Corpus
  The court held that while the trial court had jurisdiction, the dismissal was proper because the factual allegations did not establish grounds for a writ of habeas corpus.
• Burnett v. Municipality OF Anchorage
  806 F.2d 1447· 9th Cir.· 1986-12-30 ·cited 12×
  The court held that individuals arrested for DWI have no constitutional right to refuse a breathalyzer test, and criminalizing such refusal does not violate the Fourth or Fourteenth Amendments.
• Jarrett v. Headley
  802 F.2d 34· 2d Cir.· 1986-09-25 ·cited 12×·via Writ Of Habeas Corpus
  The court held that the district court erred in finding the pretrial identification procedures impermissibly suggestive, and therefore reversed the grant of the writ of habeas corpus.
• Earnest Lee Miller v. Louie L. Wainwright
  798 F.2d 426· 11th Cir.· 1986-08-14 ·cited 12×
  The court held that the district court erred in applying the wrong legal standard to petitioners' claims of ineffective assistance of counsel, denial of access to grand jury testimony, and exclusion of mitigating sentencing evidence.
• Bermudez v. Smith
  797 F.2d 108· 2d Cir.· 1986-08-11 ·cited 12×·via Habeas Corpus Proceedings
  The court held that an order dismissing some but not all claims in a habeas corpus petition is not a final order and thus not immediately appealable.
• Berry v. Phelps
  795 F.2d 504· 5th Cir.· 1986-07-30 ·cited 12×
  The court held that the petitioner's claim of discriminatory administration of the death penalty based on the victim's race does not warrant habeas relief, and thus affirmed the denial of relief and denied a stay of execution.
• Hoffer v. Morrow
  797 F.2d 348· 7th Cir.· 1986-07-15 ·cited 12×
  An inconsistent jury verdict, where a defendant is convicted of multiple counts that contain mutually exclusive elements, does not constitute an implied acquittal for double jeopardy purposes and does not bar retrial.
• Volson v. Blackburn
  794 F.2d 173· 5th Cir.· 1986-07-11 ·cited 12×
  The court held that the trial court did not err in refusing to appoint medical experts or grant a continuance, as the defendant failed to demonstrate his sanity was a significant factor or that he suffered prejudice.
• Bowden v. Kemp
  793 F.2d 273· 11th Cir.· 1986-06-17 ·cited 12×·via Writ Of Habeas Corpus
  The court held that the petitioner abused the writ by failing to raise his discriminatory jury selection claim in prior habeas petitions.
• Thomas v. Louie L. Wainwright
  486 So. 2d 574· Fla.· 1986-04-07 ·cited 12×·via Writ Of Habeas Corpus
  Daniel Morris Thomas, a death row inmate, petitioned for habeas corpus claiming unconstitutional jury selection procedures in his capital murder trial. The Florida Supreme Court denied the petition, finding that Thomas waived his right to challenge the jury selection process by f
• Jones v. Smith
  786 F.2d 1011· 11th Cir.· 1986-03-20 ·cited 12×
  The Supreme Court's recent actions on stay petitions in Grigsby claims provide clear direction to grant a stay in the instant case.
• Derwin Bourgeois v. Whitley
  784 F.2d 718· 5th Cir.· 1986-03-17 ·cited 12×
  A defendant must be resentenced if the sentencing judge relied on unconstitutionally obtained prior convictions, even if the judge was aware of the underlying evidence.
• Jonas v. Louie L. Wainwright
  779 F.2d 1576· 11th Cir.· 1986-01-17 ·cited 12×
  The court held that applying amended parole guidelines and vacating a presumptive parole release date due to escape does not violate the ex post facto clause, double jeopardy, or the Eighth Amendment.
• Gonce v. Warden Walter W. Redman
  780 F.2d 333· 3d Cir.· 1985-12-30 ·cited 12×
  The court held that a federal habeas petition containing an unexhausted claim must be remanded to the district court for the petitioner to either delete the unexhausted claim or exhaust it in state court.
• Stawicki v. Thomas Israel & the Attorney Gen. of the State of Wis.
  778 F.2d 380· 7th Cir.· 1985-12-04 ·cited 12×·via Writ Of Habeas Corpus
  The court held that a subsequent confession made after proper Miranda warnings is not automatically suppressed as fruit of the poisonous tree, even if initial on-street questioning violated Miranda, provided the confession itself was voluntary. The court also found the waiver of
• Long v. Louie L. Wainwright
  474 So. 2d 7· Fla. 1st DCA· 1985-08-01 ·cited 12×
  Billy Joe Long seeks a belated direct appeal of his 1976 convictions for sexual battery, kidnapping, and false imprisonment. The court grants his habeas corpus petition for a belated appeal, finding that his trial counsel violated Anders v. California by failing to file a notice
• Allerd Sharlow v. Israel
  767 F.2d 373· 7th Cir.· 1985-07-22 ·cited 12×·via Writ Of Habeas Corpus
  The court held that the exclusion of hearsay testimony did not violate the petitioner's Sixth Amendment right to present a defense because the testimony was not critical or reliable.
• Norman v. O.L. McCOTTER
  765 F.2d 504· 5th Cir.· 1985-07-15 ·cited 12×·via Application For Writ Of Habeas Corpus
  The court held that while the district court erred in converting a motion to dismiss to summary judgment without notice, the error was harmless. The court affirmed the denial of the habeas corpus petition, finding no reversible error in the petitioner's claims.
• Miller v. Bordenkircher
  764 F.2d 245· 4th Cir.· 1985-06-17 ·cited 12×
  The court affirmed the district court's dismissal of the habeas corpus petition, holding that Habeas Corpus Rule 9(b) was properly invoked to deny the petition due to successive claims and abuse of the writ.
• Riner v. Owens
  764 F.2d 1253· 7th Cir.· 1985-06-14 ·cited 12×·via Habeas Corpus Relief
  The majority holds that the petitioner demonstrated sufficient cause and prejudice to overcome waiver of his Sixth Amendment claim. The dissenting judge would hold that the petitioner failed to demonstrate prejudice and thus the claim should be denied.
• DiNAPOLI v. Ne. Reg'l Parole Comm'n
  764 F.2d 143· 2d Cir.· 1985-06-13 ·cited 12×
  Federal parole guidelines are not 'laws' within the meaning of the ex post facto clause, and therefore, applying updated guidelines to an offense committed before their enactment does not violate the Constitution.
• Vassar v. Solem
  763 F.2d 975· 8th Cir.· 1985-06-04 ·cited 12×·via Writ Of Habeas Corpus
  The court held that the trial court did not abuse its discretion in denying the defendant's motions for an expert witness, refusing to suppress his confession, refusing to disqualify itself, or denying his motion for a new trial.
• Walker v. A.L. Lockhart
  763 F.2d 942· 8th Cir.· 1985-05-17 ·cited 12×·via Habeas Corpus Relief
  The court held that newly discovered evidence, if credible enough for a jury, warrants a new trial, and that the trial judge's bias deprived the defendant of a fair trial.
• Adamson v. Ricketts
  758 F.2d 441· 9th Cir.· 1985-04-18 ·cited 12×
  The court held that the admission of certain hearsay statements was a Confrontation Clause violation but harmless error, and that Arizona's death penalty statute is constitutional as applied.
• Augusto Suarez Ortega v. de Suarez
  465 So. 2d 607· Fla. 3d DCA· 1985-03-19 ·cited 12×
  A Florida court lacked subject matter jurisdiction to award child custody where the child's home state was Mexico under the Uniform Child Custody Jurisdiction Act (UCCJA), despite the mother's unilateral removal of the child to Florida. The court reversed orders denying the fathe
• Phelps v. Duckworth
  757 F.2d 811· 7th Cir.· 1985-02-27 ·cited 12×
  The court held that the state failed to establish that the prosecutor's error was harmless beyond a reasonable doubt.
• Mathews v. Marshall
  754 F.2d 158· 6th Cir.· 1985-02-01 ·cited 12×
  The dissenting judge would affirm the denial of habeas relief, finding no federal constitutional violation.
• Quiroz v. Wawrzaszek
  749 F.2d 1375· 9th Cir.· 1984-12-27 ·cited 12×·via Writ Of Habeas Corpus
  A defendant's knowing and intelligent waiver of constitutional rights is valid even if the trial judge did not explicitly advise them of the maximum sentence, provided counsel communicated this information.
• Myers v. Linwood V. Stephenson
  748 F.2d 202· 4th Cir.· 1984-11-05 ·cited 12×
  The court held that the case must be remanded to the district court for fact-finding to determine the actual receipt date of the notice of appeal, as the timeliness is unclear and crucial for appellate jurisdiction.
• Glinton v. Wille
  457 So. 2d 563· Fla. 4th DCA· 1984-10-10 ·cited 12×·via Writ Of Habeas Corpus
  Richard Glinton petitioned for habeas corpus review after his pretrial bond was revoked and he was adjudicated guilty of contempt of court for violating a bond condition prohibiting him from entering a specific neighborhood field. The court granted the petition, finding the bond