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

• Stewart v. Peters
  958 F.2d 1379· 7th Cir.· 1992-02-27 ·cited 8×
  A guilty plea is voluntary and intelligent if the defendant understands the rights they are waiving and the consequences of the plea, even if the record lacks explicit admissions or detailed explanations of statutory elements.
• Hubbard v. Dugger
  590 So. 2d 1031· Fla. 1st DCA· 1991-12-13 ·cited 8×·via Writ Of Habeas Corpus
  An inmate sought provisional sentence credits under Florida law, but the Department of Corrections denied them based solely on a 1970 arrest report for indecent exposure. The court reversed, holding that an arrest report without supporting evidence or sworn testimony is insuffici
• Goldstein v. Navarro
  590 So. 2d 20· Fla. 4th DCA· 1991-11-27 ·cited 8×·via Writ Of Habeas Corpus
  Roger Goldstein petitioned for habeas corpus relief challenging his incarceration for civil contempt based on failure to pay alimony. The court denied the petition, holding that while a specific finding of ability to pay is required under Bowen v. Bowen, Goldstein was not entitle
• Lewandowski v. Makel
  949 F.2d 884· 6th Cir.· 1991-11-22 ·cited 8×
  The court held that the district court did not err in finding ineffective assistance of counsel and ordering release, as counsel's failure to inform the petitioner of the risks of appeal constituted prejudice.
• Paris Hoyt Carriger v. Lewis
  948 F.2d 588· 9th Cir.· 1991-11-04 ·cited 8×·via Writ Of Habeas Corpus
  The court held that the district court's orders granting summary judgment and refusing to vacate it are affirmed, while its subsequent Rule 60(b) orders are vacated for want of jurisdiction, and the second habeas petition is dismissed.
• Jewell Williamson v. Jones
  936 F.2d 1000· 8th Cir.· 1991-06-20 ·cited 8×
  The court affirmed the denial of habeas corpus relief, finding that the appellant's claims were either procedurally barred or without merit under established legal standards.
• Gore v. Dugger
  933 F.2d 904· 11th Cir.· 1991-05-29 ·cited 8×
  The court affirmed the district court's grant of partial relief, agreeing that the exclusion of mitigating evidence was a violation of constitutional rights.
• Morrison v. Duckworth
  929 F.2d 1180· 7th Cir.· 1991-04-11 ·cited 8×
  The court held that even if the state court erred by admitting a nontestifying codefendant's confession, the error was harmless beyond a reasonable doubt due to the appellant's own incriminating statements.
• Tamayo-Reyes v. J.C. Keeney
  926 F.2d 1492· 9th Cir.· 1991-03-04 ·cited 8×
  The court held that the district court erred in denying an evidentiary hearing on the claim that the defendant's nolo contendere plea was unconstitutional due to inadequate translation of the mens rea element of manslaughter, as the material facts were not adequately developed in
• Thigpen v. Thigpen
  926 F.2d 1003· 11th Cir.· 1991-02-26 ·cited 8×
  The court affirmed the district court's denial of the habeas corpus petition, holding that the admission of evidence of the defendant's prior murder conviction and death sentence did not render his trial fundamentally unfair.
• Allen v. Collins
  924 F.2d 88· 5th Cir.· 1991-02-19 ·cited 8×
  The court held that a district court cannot dismiss a habeas corpus petition challenging a prior conviction used for sentence enhancement based on a distinction between void and voidable convictions.
• Cornell v. Crispus NIX
  921 F.2d 769· 8th Cir.· 1990-12-17 ·cited 8×
  The court held that a witness's recantation of testimony, coupled with alleged suppression of exculpatory evidence, warrants an evidentiary hearing on a federal habeas corpus petition.
• Kendrick Crotty v. State
  568 So. 2d 1328· Fla. 4th DCA· 1990-10-31 ·cited 8×·via Writ Of Habeas Corpus
  Kendrick Crotty appealed the trial court's summary denial of his Rule 3.850 post-conviction relief motion challenging his armed burglary and grand theft convictions and sentences. The appellate court reversed and remanded, finding that two of his three grounds—an allegedly illega
• Camacho v. White
  918 F.2d 74· 9th Cir.· 1990-10-26 ·cited 8×
  The court held that a defective notice of street time forfeiture in a parole revocation hearing is a due process violation, but the appropriate remedy is a new hearing, not automatic restoration of street time, unless the delay in holding the new hearing is both unreasonable and
• Nelson v. Fulcomer
  911 F.2d 928· 3d Cir.· 1990-08-17 ·cited 8×
  The court held that confronting a suspect who has invoked their right to remain silent with their alleged partner in crime, after informing the suspect that the partner has confessed, constitutes interrogation under Miranda and Innis, unless the suspect was not informed of the co
• Elton John Myatt v. Hannigan
  910 F.2d 680· 10th Cir.· 1990-08-01 ·cited 8×
  The court held that Kansas' child hearsay statute, Kan.Stat.Ann. § 60-460(dd), is constitutional on its face and its application in this case did not violate the appellant's Sixth Amendment right of confrontation.
• Gilmore v. Delo
  908 F.2d 385· 8th Cir.· 1990-07-16 ·cited 8×
  The court affirmed the denial of the second habeas corpus petition, holding that previously raised claims are barred and the new claim is procedurally barred as an abuse of the writ.
• Floyd v. Meachum
  907 F.2d 347· 2d Cir.· 1990-06-29 ·cited 8×·via Application For Writ Of Habeas Corpus
  The court held that the cumulative effect of the prosecutor's repeated and improper remarks during summation was so prejudicial as to render the trial fundamentally unfair, denying the defendant his constitutional due process rights.
• Cuffle v. Goldsmith
  906 F.2d 385· 9th Cir.· 1990-06-15 ·cited 8×·via Writ Of Habeas Corpus
  A waiver of constitutional rights induced by a threat that cannot legally be carried out violates due process, and a defendant's mental impairment may require a hearing on competence to waive counsel.
• Burgin v. Broglin
  900 F.2d 990· 7th Cir.· 1990-04-10 ·cited 8×
  The majority found a waiver of the alleged undisclosed plea agreement issue, barring further litigation. The dissenting judge disagrees with this conclusion.
• Thomas v. Sermon Dyess
  557 So. 2d 196· Fla. 2d DCA· 1990-02-21 ·cited 8×·via Writ Of Habeas Corpus
  Freddie Thomas petitioned for a writ of habeas corpus to challenge his pretrial detention in Hendry County Jail after being arrested on felony charges but not formally charged within the 30-day period required by Florida criminal procedure rules. The court granted the petition, h
• In the Interest of M.N.
  556 So. 2d 510· Fla. 4th DCA· 1990-02-07 ·cited 8×
  A juvenile held beyond the five-day statutory limit before commitment placement is entitled to habeas relief under Florida law, though the writ's issuance is withheld where placement has already occurred.
• Williams v. Chrans
  894 F.2d 928· 7th Cir.· 1990-02-05 ·cited 8×
  The court affirmed the denial of habeas corpus petitions, finding no constitutional violations regarding confrontation clause, victim identification, prosecutorial statements, ineffective assistance of counsel, habitual criminal statute application, or speedy trial rights.
• Heiney v. Dugger
  558 So. 2d 398· Fla.· 1990-02-01 ·cited 8×·via Writ Of Habeas Corpus
  Robert David Heiney, sentenced to death for murder and robbery, challenges his capital sentence on habeas review. The Florida Supreme Court finds a Hitchcock instructional error regarding mitigation but deems it harmless, while reversing and remanding for an evidentiary hearing o
• Buckley v. A.L. Lockhart
  892 F.2d 715· 8th Cir.· 1989-12-20 ·cited 8×
  The court held that a federal habeas corpus petitioner's claims are procedurally barred if not fairly presented to the state courts, and that escape from custody forfeits the right to appeal, thus precluding an ineffective assistance of counsel claim based on failure to appeal.
• Campaneria v. Reid
  891 F.2d 1014· 2d Cir.· 1989-12-12 ·cited 8×
  The dissenting judge would reverse the district court's denial of habeas corpus, finding the admission of an unconstitutionally obtained tape recording was not harmless error.
• Boggs v. Bair
  892 F.2d 1193· 4th Cir.· 1989-12-12 ·cited 8×
  The Fourth Circuit held that the district court erred in granting habeas relief as to the penalty phase, reversing that decision, but affirmed the denial of relief as to the guilt phase. The court found no constitutional error in the admission of the confession, the search of the
• Clark Davis v. Reynolds
  890 F.2d 1105· 10th Cir.· 1989-11-30 ·cited 8×·via Habeas Corpus Relief
  The court held that the trial court improperly violated the defendant's Sixth Amendment right to a public trial by excluding the public during a witness's testimony without adequate findings or consideration of alternatives.
• Dalton Prejean v. Smith
  889 F.2d 1391· 5th Cir.· 1989-11-28 ·cited 8×
  The court held that the petitioner's claims regarding improper jury selection, ineffective assistance of counsel, and the unconstitutionality of his execution due to mental retardation and youth were without merit. The court denied his motions for a certificate of probable cause
• Moore v. Jarvis
  885 F.2d 1565· 11th Cir.· 1989-10-18 ·cited 8×
  The court held that the petitioner's claims regarding uncounseled misdemeanor convictions and sentencing enhancements were not sufficiently alleged to warrant an evidentiary hearing.
• Russell v. Jones
  886 F.2d 149· 8th Cir.· 1989-09-19 ·cited 8×
  The court affirmed the denial of the habeas corpus petition, finding no ineffective assistance of counsel, no suppression of confession, and sufficient evidence for conviction. The court also affirmed the denial of the state's request for transcript costs.
• Barks v. Armontrout
  872 F.2d 237· 8th Cir.· 1989-06-29 ·cited 8×·via Habeas Corpus Relief
  The court held that the state courts would not entertain the petitioner's successive post-conviction relief motion under Rule 29.15, making further attempts at state redress futile.
• Berry v. A.L. Lockhart
  873 F.2d 1168· 8th Cir.· 1989-05-09 ·cited 8×·via Habeas Corpus Relief
  The court affirmed the district court's grant of habeas relief, holding that the defendant did not knowingly and intelligently waive his right to counsel.
• Sahagian v. Murphy
  871 F.2d 714· 7th Cir.· 1989-04-11 ·cited 8×·via Writ Of Habeas Corpus
  The court held that a defendant cannot claim a Confrontation Clause violation when his own tactical decision to refuse a continuance for a temporarily unavailable witness leads to the witness's prior testimony being admitted.
• Roulette Blair v. McCARTHY
  881 F.2d 602· 9th Cir.· 1989-03-27 ·cited 8×·via Writ Of Habeas Corpus
  A habeas petitioner can obtain relief for a state trial court's violation of state law in accepting a guilty plea if the petitioner shows a reasonable probability that, but for the error, they would not have pleaded guilty.
• Evans v. Clarke
  868 F.2d 267· 8th Cir.· 1989-02-14 ·cited 8×
  An Anders violation requires the state to reinstate the direct appeal and appoint new counsel to brief arguable issues, as harmless error or Strickland prejudice standards do not apply.
• Ismail Mohammed v. Sullivan
  866 F.2d 258· 8th Cir.· 1989-01-25 ·cited 8×
  The court held that the district court did not abuse its discretion in denying the Rule 60(b) motion because the intervening change in law was irrelevant due to lack of jurisdiction and did not limit prison officials' discretion.
• LAM v. State OF Iowa & Iowa State Dep't of Corr.
  860 F.2d 873· 8th Cir.· 1988-11-09 ·cited 8×
  The admission of a videotaped deposition of a burglary victim, whose unavailability was not properly established, violated the defendant's Sixth Amendment right to confrontation, but this error was harmless beyond a reasonable doubt.
• Davis v. Puckett
  857 F.2d 1035· 5th Cir.· 1988-10-17 ·cited 8×
  The court held that while the police may have violated Davis's right to counsel by reinitiating interrogation, federal habeas relief was barred by Mississippi's procedural default rule. The court also found no constitutional violation regarding prosecutorial comments or the speed
• Istvan Kele v. Carlson
  854 F.2d 338· 9th Cir.· 1988-08-15 ·cited 8×
  The court held that the Sentencing Reform Act's new parole guidelines do not apply to prisoners who will be on parole or release supervision at the expiration of the five-year transition period.
• Rosario Joseph Dispensa v. Lynaugh
  847 F.2d 211· 5th Cir.· 1988-06-16 ·cited 8×
  The court held that the identification procedure was unnecessarily suggestive and unreliable, violating due process, and affirmed the district court's grant of habeas corpus relief.
• Swindle v. Leoneal Davis
  846 F.2d 706· 11th Cir.· 1988-06-08 ·cited 8×
  Federal habeas relief is not available for newly discovered evidence that only goes to guilt or innocence, and ineffective assistance of counsel claims require showing deficient performance and prejudice.
• Stano v. Dugger
  846 F.2d 1286· 11th Cir.· 1988-05-18 ·cited 8×·via Writ Of Habeas Corpus
  The court held that the petitioner's claim that he proceeded pro se without a knowing and intelligent waiver of counsel is not frivolous and warrants further review.
• Butler v. Aiken
  846 F.2d 255· 4th Cir.· 1988-05-06 ·cited 8×
  The court held that a defendant's prior invocation of the right to counsel on one charge does not bar police from initiating interrogation on a different, uncharged offense, provided Miranda warnings are given and the right is voluntarily waived.
• Ruff v. Kincheloe
  843 F.2d 1240· 9th Cir.· 1988-04-08 ·cited 8×
  A district court must review the entire state court record to determine if a constitutional error in jury instructions was harmless, and has a duty to obtain the record if not provided by the parties.
• Chappee v. Vose
  843 F.2d 25· 1st Cir.· 1988-03-28 ·cited 8×
  The court held that the preclusion of defense expert testimony was a constitutionally permissible sanction for a deliberate and prejudicial discovery violation, even if less severe sanctions were theoretically available.
• Holloway v. Lynaugh
  838 F.2d 792· 5th Cir.· 1988-03-03 ·cited 8×
  The court held that the defendant's plea of 'true' to prior convictions for sentence enhancement was voluntary and intelligent under the totality of the circumstances.
• Brogdon v. Butler
  838 F.2d 776· 5th Cir.· 1988-02-29 ·cited 8×·via Habeas Corpus Relief
  The court held that a prosecutor may impeach a defendant's trial testimony with prior inconsistent statements made after Miranda warnings, even if the defendant initially remained silent on some points, because the defendant voluntarily spoke and did not rely on the right to rema
• Demos v. W.E. Johnson
  835 F.2d 840· 11th Cir.· 1988-01-15 ·cited 8×
  The court affirmed the district court's finding of a Pate violation, holding that the state trial court erred by failing to inquire into the defendant's competency to stand trial.
• La RUE v. McCARTHY
  833 F.2d 140· 9th Cir.· 1987-11-23 ·cited 8×
  The court held that the California Supreme Court's refusal to apply its new felony murder rule retroactively to the petitioner's case did not violate the federal Constitution's due process or equal protection clauses.