Habeas Corpus Petition

4,117 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

• Ware v. King
  694 F.2d 89· 5th Cir.· 1982-12-20 ·cited 10×
  The court held that the petitioner failed to demonstrate an actual conflict of interest by his counsel, and thus, the district court did not err in dismissing his habeas corpus petition.
• Hobert Jones v. W.J. Estelle, Jr.
  693 F.2d 547· 5th Cir.· 1982-12-14 ·cited 10×
  The court held that the appeal must be dismissed for lack of jurisdiction because the notice of appeal was filed significantly outside the prescribed 30-day period.
• Elroy Lynn Wabasha v. Solem
  694 F.2d 155· 8th Cir.· 1982-12-01 ·cited 10×
  The court held that the defendant did not knowingly and intelligently waive his right to counsel because the trial court's inquiry was perfunctory and lacked a penetrating discussion of the consequences.
• Ashby v. Wyrick
  693 F.2d 789· 8th Cir.· 1982-11-30 ·cited 10×
  The court emphasizes that procedural rules in post-conviction proceedings should not be rigidly applied, especially when constitutional rights are implicated, to avoid injustice and promote efficiency.
• Hatton v. T.M. Keohane
  693 F.2d 88· 9th Cir.· 1982-11-16 ·cited 10×
  The court held that the Regional Parole Commissioner did not exceed his authority in modifying the presumptive parole release date.
• Wayne v. Raines
  690 F.2d 685· 9th Cir.· 1982-10-18 ·cited 10×
  The court held that the petitioner's guilty plea was validly entered, as the trial judge thoroughly explained the sentencing terms and the petitioner, with counsel's advice, understood them.
• Young v. United States Parole Comm'n
  682 F.2d 1105· 5th Cir.· 1982-08-09 ·cited 10×
  The court held that the Parole Commission's classification of offense severity, calculation of parole hearing dates, aggregation of consecutive sentences, and failure to provide Miranda warnings were all within its statutory authority and did not violate the petitioner's rights.
• Malloy v. Purvis
  681 F.2d 736· 11th Cir.· 1982-07-29 ·cited 10×
  The court concurred in the result because the petitioner is serving a life sentence without parole, rendering prior convictions irrelevant to collateral consequences.
• Harding v. State OF N.C.
  683 F.2d 850· 4th Cir.· 1982-07-20 ·cited 10×
  A federal habeas court cannot accept a state's conditional waiver of the exhaustion requirement for unexhausted claims; such a petition must be dismissed as mixed.
• Rutledge v. Sunderland
  671 F.2d 377· 10th Cir.· 1982-02-16 ·cited 10×
  The court held that a conviction obtained using prior invalid convictions for impeachment and enhancement is void, and that the issue is not moot even if the petitioner has been released from custody.
• United States ex rel. Carrie Jean Heral v. Franzen
  667 F.2d 633· 7th Cir.· 1981-12-29 ·cited 10×
  The court held that an attorney's failure to inform the trial court of a client's recent suicide attempt does not constitute ineffective assistance of counsel if the totality of circumstances shows competent assistance, and that the standard for competence to plead guilty is the
• Moran v. Morris
  665 F.2d 900· 9th Cir.· 1981-12-28 ·cited 10×·via Habeas Corpus Proceedings
  The court held that the district court erred by failing to conduct a de novo determination of the magistrate's report, as required by the Federal Magistrate's Act, before issuing a writ of habeas corpus.
• Fritchie v. McCARTHY
  664 F.2d 208· 9th Cir.· 1981-12-17 ·cited 10×
  The court held that the state court's determination of the voluntariness of the confession was supported by the record and that the appellant was not denied effective assistance of counsel.
• Gullick v. Perrin
  669 F.2d 1· 1st Cir.· 1981-12-16 ·cited 10×
  The court held that the identification procedures employed by the police were not impermissibly suggestive, and therefore, the reliability of the identification was a question for the jury.
• Castleberry v. Warden Mack H. Alford & the Attorney Gen. of the State of Okla.
  666 F.2d 1338· 10th Cir.· 1981-12-15 ·cited 10×
  The federal court held that the state court's determination that the confession was voluntary was supported by the record and should not have been overturned.
• Ruiz v. Cady
  660 F.2d 337· 7th Cir.· 1981-09-30 ·cited 10×·via Writ Of Habeas Corpus
  The court held that the district court abused its discretion by granting a writ of habeas corpus as a default judgment solely due to the state's short delay in filing transcripts.
• Longval v. Meachum
  651 F.2d 818· 1st Cir.· 1981-06-19 ·cited 10×
  The court held that the trial judge's remarks during a lobby conference created a reasonable apprehension of vindictiveness, violating the defendant's due process rights by penalizing him for exercising his right to trial.
• Unel Harris v. Blackburn
  646 F.2d 904· 5th Cir.· 1981-04-13 ·cited 10×
  The dissenting judge would affirm the denial of the habeas corpus petition, finding that the majority improperly conducted a de novo review of the evidence.
• Tennon v. Ricketts
  642 F.2d 161· 5th Cir.· 1981-04-10 ·cited 10×·via Habeas Corpus Relief
  The court held that the Georgia trial court's jury instruction on self-defense unconstitutionally shifted the burden of persuasion to the defendant and that this shift was not harmless error.
• Grigsby v. Mabry
  637 F.2d 525· 8th Cir.· 1980-11-06 ·cited 10×
  The court affirmed a landlord's non-liability for a tenant's injuries resulting from a defective condition on the leased premises, adhering to the common law rule of caveat lessee in the absence of statutory modification.
• Pressie Hughes, Jr. v. Hopper
  629 F.2d 1036· 5th Cir.· 1980-11-03 ·cited 10×·via Habeas Corpus Relief
• Patrick v. Camden Cnty. Prosecutor
  630 F.2d 206· 3d Cir.· 1980-09-18 ·cited 10×
  The court held that while a plea bargain violation warrants habeas corpus relief, the district court erred in dictating the specific remedy, as the state court should have discretion to choose between vacating the plea or specific performance.
• Massie v. Sumner
  624 F.2d 72· 9th Cir.· 1980-06-30 ·cited 10×
  A defendant cannot waive the automatic appeal of a death sentence, as it serves a public interest in ensuring the fairness and accuracy of capital punishment proceedings.
• Cherry v. Dir., State Bd. OF Corr.
  613 F.2d 1262· 5th Cir.· 1980-03-17 ·cited 10×
• Corbett v. Bordenkircher
  615 F.2d 722· 6th Cir.· 1980-02-22 ·cited 10×
  The dissenting judge would have remanded the case for a determination of prejudice to the defendant's right to a fair trial.
• United States v. Hach
  615 F.2d 1203· 8th Cir.· 1980-02-22 ·cited 10×
  A defendant's guilty plea extinguishes their right to raise a claim regarding violations of the Interstate Agreement on Detainers Act (IAD) because such violations are non-jurisdictional and waivable. Furthermore, allegations of ineffective assistance of counsel were unsubstantia
• Cordova v. Romero
  614 F.2d 1267· 10th Cir.· 1980-02-11 ·cited 10×
  The court held that New Mexico's sentencing scheme, which enhances penalties for felonies committed with a firearm, does not violate the Double Jeopardy Clause.
• Martineau v. Perrin
  601 F.2d 1201· 1st Cir.· 1979-07-12 ·cited 10×
  The court held that the petitioner's parole revocation did not violate his due process rights, and the state courts had sufficient information to review the parole board's decision without an additional federal evidentiary hearing.
• Ellis v. Mabry
  601 F.2d 363· 8th Cir.· 1979-07-09 ·cited 10×
  The court held that a district court cannot dismiss a habeas corpus petition under Rule 9(a) or (b) without making specific findings regarding prejudice or abuse of the writ, and must hold a hearing on the merits if issues have not been previously decided.
• Brady v. U. S. Parole Comm'n
  600 F.2d 234· 9th Cir.· 1979-07-05 ·cited 10×
  The appeal is dismissed as moot because the appellant has been released on parole and does not challenge the validity of his conviction.
• Perez v. Louie L. Wainwright
  594 F.2d 159· 5th Cir.· 1979-05-01 ·cited 10×
  The court held that while counsel's false statement in open court regarding the filing of an appeal was a dereliction of duty, it did not rise to the level of fundamental unfairness required to violate the Fourteenth Amendment's due process clause, and thus habeas corpus relief w
• Niemann v. Parratt
  596 F.2d 316· 8th Cir.· 1979-04-06 ·cited 10×
  The court held that an indeterminate sentence of 20 years to life for second-degree murder was permissible under Nebraska law as it existed at the time of sentencing.
• Wilson v. Harris
  595 F.2d 101· 2d Cir.· 1979-03-19 ·cited 10×
  A defendant who voluntarily and knowingly absents himself from his trial, through disruptive conduct or refusal to appear, waives his constitutional right to be present.
• Smallwood v. Mo. Bd. of Prob. & Parole
  587 F.2d 369· 8th Cir.· 1978-11-03 ·cited 10×
  The court held that claims seeking release or sentence reduction must be brought as habeas corpus petitions, requiring exhaustion of state remedies, and cannot be brought under 42 U.S.C. § 1983.
• United States ex rel. James Barksdale v. Allyn R. Sielaff
  585 F.2d 288· 7th Cir.· 1978-10-11 ·cited 10×
  The court affirmed the district court's dismissal of speedy trial and evidentiary claims, but reversed and remanded with instructions to dismiss the Fourth Amendment claim based on Stone v. Powell.
• Landry v. State OF Ala.
  579 F.2d 353· 5th Cir.· 1978-09-01 ·cited 10×
  The court held that the district court correctly denied the habeas corpus petition, affirming the conviction and sentence as constitutional.
• McCLURE v. Hopper
  577 F.2d 938· 5th Cir.· 1978-08-02 ·cited 10×
  The court held that the district court retained jurisdiction despite the petitioner's transfer and that the petitioner's claims regarding an increased sentence after retrial were without merit.
• Doyle A. Jones v. The Honorable Terry L. Shell
  572 F.2d 1278· 8th Cir.· 1978-04-06 ·cited 10×
  The court held that the district court's extreme delay in ruling on the habeas corpus petition violated the petitioner's due process rights and the appellate court's mandate.
• Watkins v. Solem
  571 F.2d 435· 8th Cir.· 1978-03-02 ·cited 10×
  A guilty plea is not rendered involuntary by a prosecutor's offer to refrain from filing more serious charges in exchange for a plea, provided the plea is made intelligently and voluntarily.
• Ferrell v. Estelle
  568 F.2d 1128· 5th Cir.· 1978-03-02 ·cited 10×
  The court held that the trial court erred by failing to provide adequate means for a deaf defendant to understand the proceedings, thus violating his Sixth Amendment rights to confrontation and to assist in his defense.
• United States ex rel. Ciro M. Caruso v. United States Bd. of Parole
  570 F.2d 1150· 3d Cir.· 1978-01-05 ·cited 10×
  A state prisoner is not entitled to an immediate federal parole revocation hearing when an unexecuted federal parole violator warrant is lodged as a detainer, especially when the warrant is based on a felony committed while on parole.
• Annunziato v. Manson
  566 F.2d 410· 2d Cir.· 1977-11-21 ·cited 10×
  The court held that the state's failure to disclose a key witness's leniency agreement, which led to false testimony, violated the defendant's constitutional rights and warranted a new trial.
• Chaney v. Louie L. Wainwright
  561 F.2d 1129· 5th Cir.· 1977-10-31 ·cited 10×
  The dissenting judge would hold that a minor's request to contact his mother must be honored before custodial interrogation, and failure to do so renders subsequent statements inadmissible.
• Armstrong v. Egeler
  563 F.2d 796· 6th Cir.· 1977-10-10 ·cited 10×
  A criminal defendant's guilty plea is constitutionally invalid if made without understanding that he will be ineligible for parole, as this constitutes a failure to understand the consequences of the plea.
• McQUEEN v. Swenson
  560 F.2d 959· 8th Cir.· 1977-08-23 ·cited 10×·via Application For Writ Of Habeas Corpus
• United States ex rel. Eddie Lee Anthony v. Allyn R. Sielaff
  552 F.2d 588· 7th Cir.· 1977-04-08 ·cited 10×
  The court held that the trial judge's communication with the jury, specifically the polling that created a time reference for deliberation, amounted to coercion and violated the petitioner's right to an uncoerced verdict.
• Dennis v. Hopper
  548 F.2d 589· 5th Cir.· 1977-03-11 ·cited 10×
  The court held that the petitioner failed to establish a prima facie case of an unconstitutionally composed grand jury and did not show cause or prejudice for failing to timely challenge the grand jury composition.
• Gennero Galtieri v. Louie L. Wainwright
  545 F.2d 942· 5th Cir.· 1977-01-20 ·cited 10×
• Ballard v. Maggio
  544 F.2d 1247· 5th Cir.· 1977-01-10 ·cited 10×
  The court held that the petitioner had sufficiently exhausted state remedies regarding ineffective assistance of counsel and remanded for an evidentiary hearing to determine if counsel's ineffectiveness rendered the guilty plea involuntary.
• Hendron v. Cowan
  532 F.2d 1081· 6th Cir.· 1976-04-06 ·cited 10×·via Application For Writ Of Habeas Corpus
  The court held that the guilty plea was voluntary under pre-Boykin standards and that Boykin v. Alabama should not be applied retroactively.