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

• Meadows v. Manfred G. Holland
  831 F.2d 493· 4th Cir.· 1987-10-16 ·cited 8×
  The majority decision improperly overruled prior panel precedent (Adkins) by disregarding established principles of federal collateral review and habeas corpus jurisprudence.
• Sheary v. United States Parole Comm'n
  822 F.2d 556· 5th Cir.· 1987-07-28 ·cited 8×
  The court held that the Parole Commission's application of updated guidelines did not violate the ex post facto clause, its severity classification was proper, and the disparate treatment of a codefendant did not violate due process.
• Archer v. Lynaugh
  821 F.2d 1094· 5th Cir.· 1987-07-16 ·cited 8×
  The court held that a pro se petitioner's belated appeal is precluded by strict appellate rules regarding timely notice of appeal and the effect of post-judgment motions.
• United States ex rel. Alonzo Lewis v. Lane
  822 F.2d 703· 7th Cir.· 1987-06-17 ·cited 8×
  The court held that the petitioner failed to present substantial facts to doubt his competency, and therefore, the restoration hearing procedures were adequate and the conviction stands.
• Daniels v. Wood
  819 F.2d 195· 8th Cir.· 1987-05-22 ·cited 8×
  The court held that the trial court's alleged errors in failing to reread testimony, prosecutorial misconduct during closing arguments, and failure to disclose a witness statement did not rise to the level of constitutional violations sufficient to grant habeas corpus relief.
• Gornick v. Greer
  819 F.2d 160· 7th Cir.· 1987-05-13 ·cited 8×
  The court held that the petitioner has not exhausted his state court remedies because claims of ineffective assistance of counsel, particularly those involving facts outside the trial record, can still be raised in Illinois post-conviction proceedings.
• Pickens v. Butler
  814 F.2d 237· 5th Cir.· 1987-04-14 ·cited 8×·via Application For Writ Of Habeas Corpus
  The Constitution does not require a final revocation hearing if parole revocation is mandatory by law due to a felony conviction.
• Goble v. Matthews
  814 F.2d 1104· 6th Cir.· 1987-03-30 ·cited 8×
  The court held that the Parole Commission has the authority to reconsider a parole decision based on information previously overlooked or not adequately addressed, even if that information is not strictly 'new,' and affirmed the denial of habeas corpus relief.
• United States ex rel. Edward Weismiller v. Lane
  815 F.2d 1106· 7th Cir.· 1987-03-30 ·cited 8×
  The court held that challenges to jury instructions were procedurally barred due to a state procedural default, and direct challenges to the Illinois Guilty But Mentally Ill (GBMI) statutes were without merit.
• Myers v. United States Parole Comm'n
  813 F.2d 957· 9th Cir.· 1987-03-26 ·cited 8×
  The court affirmed the dismissal of the habeas petition, holding that federal courts lack jurisdiction to review discretionary decisions of the Parole Commission, and that the petitioner's due process claims lacked a legal basis.
• Thomas v. Lynaugh
  812 F.2d 225· 5th Cir.· 1987-03-12 ·cited 8×
  The court held that the trial court's jury instruction on 'provoking the difficulty' was proper under Texas law, and the admission of 'have you heard' questions about prior arrests was harmless error, thus affirming the dismissal of the habeas corpus petition.
• Feeney v. Auger
  808 F.2d 1279· 8th Cir.· 1986-12-31 ·cited 8×
  The court held that the district court correctly treated the suit as a habeas corpus petition but erred in dismissing it; the case should be dismissed without prejudice to allow pursuit of state remedies.
• Olsen v. State OF Iowa
  808 F.2d 652· 8th Cir.· 1986-12-10 ·cited 8×·via Petition For Habeas Corpus Relief
  The court held that the petitioner's free exercise and equal protection claims regarding marijuana possession for religious use were without merit.
• George Jones M-2329 v. Zimmerman
  805 F.2d 1125· 3d Cir.· 1986-11-28 ·cited 8×
  The court held that denying suppression of an inculpatory statement implicitly ruled it voluntary, and that the failure to submit the voluntariness issue to the jury was not a constitutional error requiring reversal. The court also found no violation of the right to counsel.
• Hall v. A.L. Lockhart
  806 F.2d 165· 8th Cir.· 1986-11-25 ·cited 8×
  The court should afford Hall an evidentiary hearing on his claim of newly discovered evidence.
• Ward v. United States Parole Comm'n
  804 F.2d 64· 7th Cir.· 1986-10-20 ·cited 8×
  The court held that Federal Rule of Appellate Procedure 23(a) requires only a deferential review of the Attorney General's determination of need for a prisoner transfer pending habeas corpus appeal, limited to ensuring the court's ability to adjudicate the case effectively.
• Stacey v. Solem
  801 F.2d 1048· 8th Cir.· 1986-09-24 ·cited 8×
  The court held that the totality of circumstances showed a voluntary and intelligent guilty plea, and that counsel's actions did not constitute ineffective assistance.
• Parole & Prob. Comm'n v. Fuller
  491 So. 2d 275· Fla.· 1986-07-17 ·cited 8×·via Writ Of Habeas Corpus
  Judicial review of presumptive parole release date calculations is now available only through a writ of mandamus, not habeas corpus. Since the prisoners were released, their petitions are moot.
• United States ex rel. Rickie Cole v. Lane
  793 F.2d 155· 7th Cir.· 1986-06-11 ·cited 8×
  The court held that the district court erred in applying 28 U.S.C. § 2254(d) to the ultimate issue of confession voluntariness, which is a question of law, not a finding of fact. The case must be reexamined in light of Miller v. Fenton.
• Sammons v. G.H. Rodgers
  785 F.2d 1343· 5th Cir.· 1986-04-04 ·cited 8×
  A federal district court has jurisdiction to consider a habeas corpus petition challenging the use of prior state convictions for federal parole eligibility, even if those convictions occurred in another state.
• Travis v. A.L. Lockhart
  787 F.2d 409· 8th Cir.· 1986-03-27 ·cited 8×
  The court held that the appellant's guilty plea was voluntary and knowing, and he did not receive ineffective assistance of counsel, thus affirming the dismissal of his habeas corpus petition.
• Driggers v. Carson
  486 So. 2d 25· Fla. 1st DCA· 1986-03-25 ·cited 8×·via Writ Of Habeas Corpus
  Edward Driggers petitioned for a writ of habeas corpus challenging a $1,000,000 bail set by the trial court in a first-degree murder case. The court denied the petition, holding that although the trial judge had discretion to grant bail under State v. Arthur, the judge's decision
• Hoots v. Allsbrook
  785 F.2d 1214· 4th Cir.· 1986-03-05 ·cited 8×
  The court held that the majority misapplied the Strickland test by failing to consider the cumulative effect of counsel's errors, which created a reasonable probability of a different outcome.
• Maupin v. Smith
  785 F.2d 135· 6th Cir.· 1986-03-05 ·cited 8×
  The court held that a state court cannot enforce a procedural rule to preclude a defendant's constitutional right to due process when the procedural default resulted from a denial of the constitutional right to effective assistance of counsel.
• Bloodgood v. Garraghty
  783 F.2d 470· 4th Cir.· 1986-02-14 ·cited 8×
  The court held that a parole proceeding is not a proper forum to contest the legal sufficiency of prior convictions, and that the parole and classification boards did not rely on the allegedly uncounseled convictions in their decisions.
• United States ex rel. Dudley James Russo v. Attorney General OF Illinois
  780 F.2d 712· 7th Cir.· 1986-01-07 ·cited 8×
  The court held that the trial judge's ratification of the plea agreement, coupled with the failure to inform the defendant of the mandatory parole term, violated due process, but the remedy is to expunge the parole term, not allow a new plea.
• Minor Michael Still v. United States Marshal
  780 F.2d 848· 10th Cir.· 1985-12-23 ·cited 8×
  The dissenting judge would hold that the Parole Commission has the authority to withdraw an executed parole violator warrant, similar to its authority to delay execution, and that the federal sentence should not recommence.
• Marler v. Blackburn
  777 F.2d 1007· 5th Cir.· 1985-12-04 ·cited 8×
  The court affirmed the district court's dismissal of the habeas corpus petition, finding no ineffective assistance of counsel, insufficient evidence, or due process violation.
• Lyman B. Thompson v. Blackburn
  776 F.2d 118· 5th Cir.· 1985-11-12 ·cited 8×·via Habeas Corpus Relief
  The court held that a defendant is entitled to an evidentiary hearing on his claim that a sentence denying parole constitutes ex post facto punishment if the relevant statutory amendment became effective after the commission of the crime.
• United States ex rel. William J. Miller v. Kenneth McGINNIS & Attorney Gen. of the State of Ill.
  774 F.2d 819· 7th Cir.· 1985-10-04 ·cited 8×
  The court held that the trial court's failure to inform the defendant of the mandatory supervised release term violated his due process rights, but also found that the totality of errors, including failure to inform of other rights and the defendant's age and confusion, rendered
• Milliman v. State OF Minn.
  774 F.2d 247· 8th Cir.· 1985-09-26 ·cited 8×
  The court held that the search warrant was not unconstitutionally overbroad and the use of grand jury subpoenas for evidence gathering, even without presenting to a grand jury, did not violate the appellant's constitutional rights.
• United States v. DeROBERTIS
  771 F.2d 1057· 7th Cir.· 1985-08-27 ·cited 8×·via Writ Of Habeas Corpus
  The court held that the trial court's failure to investigate a timely objection to joint representation based on conflicting defenses violated the Sixth Amendment, and that an actual conflict of interest adversely affected counsel's representation, warranting habeas corpus relief
• Fretwell v. Honorable R.T. "Tim" Dobeck
  473 So. 2d 302· Fla. 4th DCA· 1985-08-07 ·cited 8×·via Writ Of Habeas Corpus
  The court held that the trial judge should substantially reduce the defendant's bond, citing the lack of strong evidence and the defendant's community ties.
• Elmore v. Foltz
  768 F.2d 773· 6th Cir.· 1985-07-26 ·cited 8×
  The court held that the destruction of potentially exculpatory tapes did not violate due process under the Trombetta standard because there was no bad faith, the tapes were unlikely to be exculpatory, and comparable impeachment evidence was available.
• Payret v. Honorable Don T. Adams
  471 So. 2d 218· Fla. 4th DCA· 1985-06-26 ·cited 8×·via Writ Of Habeas Corpus
  A pretrial detainee sought habeas corpus relief based on a local administrative order provision requiring personal recognizance release if formal charges were not filed within 21 days. The court held that this administrative provision conflicted with Florida Criminal Procedure Ru
• Scott v. Clark
  761 F.2d 1524· 11th Cir.· 1985-06-04 ·cited 8×
  The court held that the double jeopardy claim was barred by res judicata and that the Parole Commission's decision substantially complied with its regulations, but remanded for consideration of the good time credit claim.
• United States v. Lehman
  756 F.2d 725· 9th Cir.· 1985-03-28 ·cited 8×·via Writ Of Habeas Corpus
  The court held that the government's refusal to disclose footprint photograph reports did not constitute a Brady violation because the evidence was not material to the outcome of the trial.
• Cantone v. Superintendent, NEW York Corr. Facility AT Green Haven, & Robert Abrams, Attorney Gen. of the State of N.Y.
  759 F.2d 207· 2d Cir.· 1985-03-26 ·cited 8×
  The court held that while the petitioner made a specific request for the withheld information, the information was not material under Brady v. Maryland, and thus did not deprive him of due process. The court also found the mistrial claim was procedurally defaulted.
• Johnson v. Rodgers
  756 F.2d 79· 10th Cir.· 1985-03-05 ·cited 8×
  The court held that the district court did not err in awarding good-time credits to a Youth Corrections Act offender denied rehabilitation.
• LEE v. A.L. Lockhart
  754 F.2d 277· 8th Cir.· 1985-02-08 ·cited 8×
  The court affirmed the district court's judgment, finding that the defendant suffered no adverse consequences from an invalid conviction due to the concurrent sentence doctrine.
• Monroe v. Blackburn
  748 F.2d 958· 5th Cir.· 1984-12-04 ·cited 8×
  The court held that the district court did not err in ordering the state to reconsider the new trial motion rather than granting a new trial outright, and affirmed the denial of other claims.
• Speedy v. Wyrick
  748 F.2d 481· 8th Cir.· 1984-11-15 ·cited 8×
  The court held that the evidence before the trial court was insufficient to raise a reasonable doubt as to the defendant's competency to stand trial, thus the trial court was not required to sua sponte order a competency hearing.
• Bibby v. Tard
  741 F.2d 26· 3d Cir.· 1984-08-03 ·cited 8×·via Writ Of Habeas Corpus
  The court held that a federal district court must conduct an evidentiary hearing on a habeas corpus petition if the petitioner alleges the sentencing judge relied on materially false information regarding prior convictions, and the state courts did not provide a full and fair hea
• Carr v. Hutto
  737 F.2d 433· 4th Cir.· 1984-07-10 ·cited 8×·via Petition For Habeas Corpus Relief
  A party's failure to make a timely objection to a magistrate's report precludes them from raising those objections on appeal.
• Tsirizotakis v. LeFEVRE
  736 F.2d 57· 2d Cir.· 1984-06-11 ·cited 8×
  The court affirmed the denial of the habeas petition, finding that the petitioner procedurally defaulted on his claims and that his counsel's assistance did not constitute cause for the default or an independent constitutional violation.
• Prado McGEE, Jr. v. W.J. Estelle, Jr.
  732 F.2d 447· 5th Cir.· 1984-05-21 ·cited 8×
  The court held that the use of a constitutionally invalid prior conviction for sentence enhancement, when that conviction was specifically alleged in the indictment, cannot be considered harmless error, even if other valid convictions exist. The court also found that the district
• Trass v. Maggio
  731 F.2d 288· 5th Cir.· 1984-05-07 ·cited 8×
  The court held that counsel's failure to move for severance, stemming from ignorance of the law, constituted ineffective assistance of counsel, entitling the petitioner to a new trial.
• United States ex rel. John Clauser v. McCEVERS
  731 F.2d 423· 7th Cir.· 1984-04-06 ·cited 8×·via Writ Of Habeas Corpus
  The court held that the trial court's termination of the first trial due to a defective indictment based on false testimony was occasioned by manifest necessity, and therefore, the subsequent reindictment and conviction did not violate the Double Jeopardy Clause.
• Cannon v. W.C. Berry
  727 F.2d 1020· 11th Cir.· 1984-03-19 ·cited 8×·via Habeas Corpus Relief
  The failure to file a brief on a nonfrivolous direct appeal constitutes ineffective assistance of counsel, and a habeas petitioner need not show actual prejudice in such cases.
• Cole v. Hunter
  726 F.2d 434· 8th Cir.· 1984-02-07 ·cited 8×·via Writ Of Habeas Corpus
  The court affirmed the denial of the habeas corpus petition, finding no violation of the Sixth Amendment right to confrontation and declining to reach the merits of the Fifth Amendment claim due to failure to exhaust state remedies.