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

• Rickie Cole v. Lane
  830 F.2d 104· 7th Cir.· 1987-10-02 ·cited 6×
  A confession is voluntary if it is the product of an essentially free and unconstrained choice, even if a promise of leniency was made, provided the totality of circumstances do not show the defendant's will was overborne.
• Plunkett v. Johnson
  828 F.2d 954· 2d Cir.· 1987-09-15 ·cited 6×
  The court held that Granberry v. Greer does not require review of unexhausted habeas corpus claims absent exceptional circumstances of peculiar urgency.
• Sterling Rault, Sr. v. Butler
  826 F.2d 299· 5th Cir.· 1987-08-19 ·cited 6×
  The court held that the petitioner failed to make a substantial showing of the denial of a federal right, and therefore denied his application for a certificate of probable cause and stay of execution.
• Battle v. U.S. Parole Comm'n
  834 F.2d 419· 5th Cir.· 1987-07-10 ·cited 6×
  The U.S. Parole Commission has the legal authority to supervise and revoke a special parole term, and can impose such a term consecutively to a new sentence.
• Wasko v. Vasquez
  820 F.2d 1090· 9th Cir.· 1987-06-29 ·cited 6×
  The court held that the Department of Corrections incorrectly altered Wasko's sentence for escape from local custody, and the correct sentence length should be eight months as originally imposed by the sentencing court.
• Green v. McCALL
  822 F.2d 284· 2d Cir.· 1987-06-24 ·cited 6×
  The court held that post-Drayton Supreme Court decisions have not undermined Drayton's conclusion that a parole grantee has a protectable liberty interest, nor have they invalidated the procedural due process requirements established in Drayton for parole rescission hearings.
• Alton Carol Franks v. Alford
  820 F.2d 345· 10th Cir.· 1987-06-05 ·cited 6×
  The appellate court's modification of a first-degree felony murder conviction to second-degree murder, without a jury finding the elements of second-degree murder, violates the defendant's Sixth and Fourteenth Amendment right to a jury trial.
• Landry v. Judge J. Robert Hoepfner and William Guste, Jr.
  818 F.2d 1169· 5th Cir.· 1987-06-03 ·cited 6×
  The Sixth Amendment does not require a jury trial for Driving While Intoxicated (DWI) offenses if the maximum possible punishment does not exceed that for petty offenses.
• Barnes v. Lynaugh
  817 F.2d 336· 5th Cir.· 1987-05-22 ·cited 6×
  The court held that the defendant suffered no prejudice from the state's failure to timely disclose a medical report, and his claims of ineffective assistance of counsel and denial of appeal were without merit.
• Potts v. Kemp
  814 F.2d 1512· 11th Cir.· 1987-03-30 ·cited 6×
  A jury instruction creating a mandatory rebuttable presumption of intent is unconstitutional, but such an error can be harmless if the evidence of guilt is overwhelming.
• Hayden v. United States
  814 F.2d 888· 2d Cir.· 1987-03-27 ·cited 6×
  The court held that the habeas corpus petitioners failed to present sufficient specific facts, supported by competent evidence, to warrant a full evidentiary hearing on their claims of jury tampering through bribery.
• United States ex rel. John Shiflet v. Lane
  815 F.2d 457· 7th Cir.· 1987-03-25 ·cited 6×
  The court held that federal habeas review of the Fourth Amendment claim was precluded by Stone v. Powell, and the Sixth Amendment right to counsel had not attached at the time of the investigator's disclosure.
• United States v. O'Grady
  812 F.2d 347· 7th Cir.· 1987-02-20 ·cited 6×
  The court affirmed the district court's decision, finding the state court's bail determination was not arbitrary and thus not a violation of the Eighth Amendment.
• McCULLUM v. State
  498 So. 2d 1374· Fla. 3d DCA· 1986-12-23 ·cited 6×·via Writ Of Habeas Corpus
  Roy McCullum was convicted of conspiracy to commit armed robbery and robbery without a firearm, and sentenced to two concurrent 15-year terms—a substantial departure from the sentencing guidelines' recommended 3.5 to 4.5 years. The court vacated the sentence and remanded for rese
• Wilkerson v. Wyrick
  806 F.2d 161· 8th Cir.· 1986-11-24 ·cited 6×
  The court held that the defendant had sufficient notice that he could be convicted of second-degree murder, even though he was charged with first-degree murder, due to Missouri's statutory scheme and case law.
• Bransford v. Brown
  806 F.2d 83· 6th Cir.· 1986-11-20 ·cited 6×
  The unavailability of jury instruction transcripts is not a per se violation of due process, and a defendant must demonstrate prejudice from the missing transcripts or counsel's failure to obtain them to succeed on appeal.
• Borden v. Meese
  803 F.2d 1530· 11th Cir.· 1986-11-12 ·cited 6×·via Habeas Corpus Relief
  The court held that the Board of Immigration Appeals' conclusion that the INS had not abandoned its administrative appeal was reasonable, and thus the district court erred in granting habeas corpus relief.
• DIX v. Kemp
  804 F.2d 618· 11th Cir.· 1986-10-28 ·cited 6×
  The court held that a jury instruction impermissibly shifting the burden of proof on intent, in violation of Sandstrom v. Montana, was not harmless error when the defendant raised an insanity defense, as intent remained a critical issue.
• Hardwick v. Louie L. Wainwright
  496 So. 2d 796· Fla.· 1986-09-22 ·cited 6×·via Writ Of Habeas Corpus
  The court denied the petition for a writ of habeas corpus and stay of execution, finding no ineffective assistance of appellate counsel and that the claim regarding arbitrary application of the death penalty was procedurally barred.
• Reese v. Frey
  801 F.2d 348· 8th Cir.· 1986-09-18 ·cited 6×
  The court held that the appellant's claims of prosecutorial suppression of exculpatory evidence and ineffective assistance of counsel were without merit, and thus the denial of his habeas corpus petition was affirmed.
• Hickey v. Baxter
  800 F.2d 430· 4th Cir.· 1986-09-15 ·cited 6×·via Habeas Corpus For Child Custody
  The court held that the Parental Kidnapping Prevention Act (PKPA) allows federal courts to enforce one of two conflicting state custody orders, and the traditional domestic relations exception does not apply to such actions.
• Anderson v. United States Parole Comm'n
  793 F.2d 1136· 9th Cir.· 1986-07-10 ·cited 6×
  The Parole Commission violated the Parole Commission and Reorganization Act by relying on information in the Presentence Investigation Report that was not made accessible to the prisoner before his parole hearing.
• Nance v. Benson
  794 F.2d 1325· 8th Cir.· 1986-07-03 ·cited 6×
  The court held that the appellant failed to demonstrate an actual conflict of interest or that his counsel's performance was deficient and prejudicial, thus affirming the denial of habeas corpus relief.
• Collins v. Kemp
  792 F.2d 987· 11th Cir.· 1986-06-09 ·cited 6×
  The court stayed the inmate's execution pending further order to allow full briefing on the retroactivity of Michigan v. Jackson and the impact of Clark v. Rose.
• Rodriguez v. Scully
  788 F.2d 62· 2d Cir.· 1986-04-09 ·cited 6×·via Application For Writ Of Habeas Corpus
  The court affirmed the denial of the habeas corpus petition, but held that the district court should not have reached the merits due to procedural default.
• Wilson v. Norris McMACKEN
  786 F.2d 216· 6th Cir.· 1986-03-17 ·cited 6×
  The court held that the petitioner's claims of ineffective assistance of counsel, erroneous jury instructions, conviction against the manifest weight of the evidence, and denial of an evidentiary hearing/new trial were without merit.
• Cook v. Bilia Morrill
  783 F.2d 593· 5th Cir.· 1986-02-26 ·cited 6×
  The Sixth Amendment right to a trial in the district where the crime was committed does not apply to state prosecutions, and a change of venue in a state case does not violate due process unless it results in a conviction obtained without due process.
• United States v. Raetzsch
  781 F.2d 1149· 5th Cir.· 1986-02-05 ·cited 6×
  An unsupported allegation of an unkept plea bargain does not merit an evidentiary hearing when the plea statements to the contrary were not given under oath, especially when raised late and inconsistent with prior statements.
• Flowers v. Blackburn
  779 F.2d 1115· 5th Cir.· 1986-01-08 ·cited 6×
  The court held that the jury instructions in the first-degree murder trial impermissibly relieved the state of its burden to prove the defendant's specific intent to kill, violating due process.
• Harris v. Scully
  779 F.2d 875· 2d Cir.· 1985-12-19 ·cited 6×
  The court held that the trial court did not err in refusing to instruct the jury on justification as it relates to defense of third parties, nor in refusing to instruct on second degree manslaughter.
• Jones v. Richards
  776 F.2d 1244· 4th Cir.· 1985-11-12 ·cited 6×·via Writ Of Habeas Corpus
  The court held that the use of private attorneys to assist in a criminal prosecution, even while representing civil plaintiffs against the defendant, did not violate the defendant's constitutional right to an impartial prosecutor under the facts presented.
• Griffin v. Aiken
  775 F.2d 1226· 4th Cir.· 1985-10-28 ·cited 6×
  The court held that the appellant did not demonstrate circumstances justifying a presumption of ineffective assistance of counsel, nor did he meet the Strickland standard for deficient performance and prejudice. Furthermore, his due process and Fourth/Fifth Amendment claims were
• Barney Earl Crutchfield v. Louie L. Wainwright
  772 F.2d 839· 11th Cir.· 1985-10-03 ·cited 6×·via Writ Of Habeas Corpus
  The court held that the district court applied an improper legal standard by presuming prejudice from the denial of access to counsel during a brief recess, and that prejudice must be shown.
• Bryant v. Louie L. Wainwright
  773 F.2d 276· 11th Cir.· 1985-09-16 ·cited 6×·via Writ Of Habeas Corpus
• Duffy v. Foltz
  772 F.2d 1271· 6th Cir.· 1985-09-13 ·cited 6×
  The majority's holding that the prosecution must disprove the affirmative defense of insanity as a matter of constitutional law is inconsistent with Supreme Court precedent.
• Rose v. Duckworth
  769 F.2d 402· 7th Cir.· 1985-07-29 ·cited 6×
  The court held that the prosecutor's elicitation of improper testimony, even if careless or reckless, did not impermissibly influence the jury's determination of guilt, and thus federal habeas corpus relief was not warranted.
• Lawrence v. A.L. Lockhart
  767 F.2d 449· 8th Cir.· 1985-07-08 ·cited 6×
  The court held that the petitioner failed to establish ineffective assistance of counsel because his attorney's actions were reasonable and he was not prejudiced by the introduction of the 'pen packet'.
• Hezekiah Pittman, Jr. v. Black
  764 F.2d 545· 8th Cir.· 1985-06-18 ·cited 6×
  The court held that the appellant's statements to police were admissible because he initiated further communication after invoking his right to counsel, and he made a knowing and intelligent waiver of his rights.
• Rone v. Wyrick
  764 F.2d 532· 8th Cir.· 1985-06-14 ·cited 6×
  A juvenile's confession is admissible if voluntarily made under the totality of the circumstances, even without parental presence, provided the juvenile knowingly and intelligently waived their rights.
• Young v. Kemp
  758 F.2d 514· 11th Cir.· 1985-03-19 ·cited 6×
  The court held that a successive habeas corpus petition could be dismissed as an abuse of the writ if new claims were deliberately withheld or omitted due to inexcusable neglect, and that the 'ends of justice' did not require relitigation of previously decided claims.
• Songer v. Louie L. Wainwright
  756 F.2d 799· 11th Cir.· 1985-02-05 ·cited 6×·via Habeas Corpus Relief
• Ford v. Louie L. Wainwright
  752 F.2d 526· 11th Cir.· 1985-01-17 ·cited 6×
  The court held that the Florida statute for determining the sanity of a death row inmate meets minimum due process standards, and precedent binds the panel to affirm the denial of the petition.
• Eutues White v. Finkbeiner
  753 F.2d 540· 7th Cir.· 1985-01-15 ·cited 6×
  The government waived its right to contest the retroactive application of the Edwards rule by failing to raise the issue in prior proceedings.
• Sadler v. Sheriff, Sullivan, Joseph A., Philadelphia Cnty., Patton, Ernest S., Superintendent State Corr. Inst. at Camp Hill & the Attorney Gen. of the State of Pa.
  748 F.2d 820· 3d Cir.· 1984-11-20 ·cited 6×·via Petition For Habeas Corpus Relief
  The Equal Protection Clause does not require Pennsylvania to apply its 180-day prompt trial rule from the date of a juvenile petition filing to a juvenile certified for adult trial.
• Benedict v. Rodgers
  748 F.2d 543· 10th Cir.· 1984-11-13 ·cited 6×
  The Parole Commission must conduct a release hearing to evaluate a youth offender's response to treatment within a reasonable time after program completion, as prospective consideration of rehabilitation is insufficient under the YCA.
• Peek v. Kemp
  746 F.2d 672· 11th Cir.· 1984-10-26 ·cited 6×
• Wilson v. Procunier
  747 F.2d 251· 4th Cir.· 1984-10-25 ·cited 6×
  The court held that the defendant's failure to raise the jury instruction issue on direct appeal constitutes a procedural default for which he has not shown cause.
• Caudill v. Jago
  747 F.2d 1046· 6th Cir.· 1984-10-22 ·cited 6×
  The court held that a guilty plea is not rendered involuntary merely because it was entered to avoid the possibility of a death penalty, and the judge's explanation of potential consequences does not constitute coercion if it is a fair description of alternatives.
• Shapiro v. State
  456 So. 2d 968· Fla. 2d DCA· 1984-10-05 ·cited 6×
  The appellate court affirmed the trial court's denial of a habeas corpus petition. The court held that the extradition documents from Texas, consisting of an indictment and a capias, were sufficient and did not require a separate warrant authenticated by a committing magistrate.
• Powell v. Wyrick
  744 F.2d 632· 8th Cir.· 1984-09-26 ·cited 6×·via Habeas Corpus Relief
  The court held that the petitioner knowingly and intelligently waived his right to counsel, and there was no constitutional infirmity in his conviction.