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

• Greene v. Massey
  595 F.2d 221· 5th Cir.· 1979-05-16 ·cited 6×
  The court certified questions of Florida law to the Supreme Court of Florida to determine the grounds for a prior reversal of a conviction, as this determination was necessary to resolve a federal Double Jeopardy Clause issue on remand.
• Chapman v. Estelle
  593 F.2d 687· 5th Cir.· 1979-04-23 ·cited 6×
  The prosecutor's refusal to reoffer a plea bargain after a defendant successfully vacated his original guilty plea does not violate due process if the defendant's sole reason for vacating the plea was dissatisfaction with the sentence.
• Robbins v. Thomas
  592 F.2d 546· 9th Cir.· 1979-03-05 ·cited 6×
  The Parole Commission must hold a supplemental hearing if events casting doubt on parole termination occur between the initial hearing and the final decision, affording the parolee the same procedural rights as at other termination hearings.
• Bufford McDonald v. Estelle
  590 F.2d 153· 5th Cir.· 1979-02-23 ·cited 6×
  The court held that the petitioner's claims do not establish cause for procedural default or present constitutional issues warranting habeas relief.
• Durr v. Cook
  589 F.2d 891· 5th Cir.· 1979-02-15 ·cited 6×
  The court held that the evidence was insufficient to prove the jury foreman conducted an out-of-court experiment that violated the defendant's rights, and the district court failed to inquire into the possibility of prejudice.
• Thomas v. Estelle
  587 F.2d 695· 5th Cir.· 1979-01-10 ·cited 6×
  The court would reverse the district court's finding because the state court's fact-finding, on the same record, is entitled to a presumption of correctness and there is no substantial evidence to support the district court's contrary finding.
• Chuan-Fa Chen and Shen-Rong Shieh v. Palmer
  589 F.2d 355· 8th Cir.· 1978-12-20 ·cited 6×
  The court held that issues not raised in the trial court cannot be considered on appeal absent plain error, and found the presented issues without merit.
• Ned George Forman v. Wolff
  590 F.2d 283· 9th Cir.· 1978-11-20 ·cited 6×
  The court held that the Nevada Supreme Court's reversal of habeas relief did not violate the ex post facto or double jeopardy clauses of the U.S. Constitution.
• Humphries v. Louie L. Wainwright
  584 F.2d 702· 5th Cir.· 1978-11-20 ·cited 6×·via Writ Of Habeas Corpus
  The court held that the collateral estoppel aspect of double jeopardy barred the state from presenting evidence of intoxication in a retrial for vehicular manslaughter by culpable negligence, following a nolle prosequi on a DWI charge after jeopardy attached.
• Springer v. Collins
  586 F.2d 329· 4th Cir.· 1978-11-17 ·cited 6×·via Habeas Corpus Relief
  The Fourth Circuit held that the trial counsel's failure to investigate an insanity defense did not constitute ineffective assistance of counsel, and that the defendant's post-conviction psychiatric diagnosis was insufficient to establish a valid insanity defense under Maryland l
• United States v. Lacy
  586 F.2d 1258· 8th Cir.· 1978-11-09 ·cited 6×
  Relief under 28 U.S.C. § 2255 is available when parole guidelines thwart a sentencing judge's intent for early parole consideration under 18 U.S.C. § 4208(a)(2), but only if specific conditions are met.
• Huff v. Louie L. Wainwright
  583 F.2d 744· 5th Cir.· 1978-11-08 ·cited 6×
  The court held that a prisoner who knows of his right to appeal and fails to notify counsel of his intent to appeal cannot claim he was denied that right.
• McDANIEL v. State OF Okla.
  582 F.2d 1242· 10th Cir.· 1978-08-25 ·cited 6×·via Habeas Corpus Relief
  Federal habeas corpus relief is not available for a Fourth Amendment claim if the state provided an opportunity for full and fair litigation of that claim, even if the state court found the admission of evidence to be harmless error.
• DiPAOLA v. Riddle
  581 F.2d 1111· 4th Cir.· 1978-08-21 ·cited 6×
  The Fourth Circuit held that the defendant had an opportunity to litigate his 'no knock' entry claim in state court, foreclosing federal habeas corpus review under Stone v. Powell.
• Bretti v. Louie L. Wainwright
  360 So. 2d 1299· Fla. 1st DCA· 1978-07-20 ·cited 6×·via Writ Of Habeas Corpus
  The Division of Corrections cannot forfeit a prisoner's gain time without notice or hearing if an escape charge is nolle prossed.
• Williams v. McKENZIE
  576 F.2d 566· 4th Cir.· 1978-05-03 ·cited 6×·via Writ Of Habeas Corpus
  The court held that the photographic identification was not unduly suggestive, reversing the grant of habeas corpus on that ground, but remanded for reconsideration of exhaustion of state remedies regarding exculpatory evidence.
• Dezso John Lokos v. Capps
  569 F.2d 1362· 5th Cir.· 1978-03-24 ·cited 6×
  The court held that the petitioner is entitled to a hearing to determine if the trial court erred in denying a sanity hearing, which could violate due process.
• Lemire v. McCARTHY
  570 F.2d 17· 1st Cir.· 1978-02-02 ·cited 6×
  The court held that the petitioner's constitutional rights were not violated by the state trial court's rulings regarding his testimony and the admissibility of evidence concerning the prosecutrix's sexual history. The court also found no due process violation regarding suppresse
• Dossie X. Faison, Jr. v. Zahradnick
  563 F.2d 1135· 4th Cir.· 1977-10-13 ·cited 6×
  The court held that the denial of a preliminary hearing transcript to an indigent prisoner was not a violation of equal protection when no transcript was available to any defendant, and that the admission of identification testimony was not erroneous under the totality of circums
• Jones v. State OF Wis.
  562 F.2d 440· 7th Cir.· 1977-09-20 ·cited 6×·via Writ Of Habeas Corpus
  A guilty plea entered under Wisconsin statute § 971.31(10) must be vacated if the trial court failed to suppress inadmissible evidence, even if some other evidence remains admissible.
• Hedden v. Louie L. Wainwright
  558 F.2d 784· 5th Cir.· 1977-09-02 ·cited 6×
  A consent to search may be validly obtained from a suspect in custody who has not received Miranda warnings.
• Elliott v. Morford
  557 F.2d 1228· 6th Cir.· 1977-07-06 ·cited 6×
  The court held that the District Judge's reliance on the presumption of correctness under 28 U.S.C. § 2254(d) was misplaced because the state trial judge made no factual finding on the voluntariness of the confession.
• Patterson v. William D. Leeke & the Attorney Gen. of the State of S.C.
  556 F.2d 1168· 4th Cir.· 1977-06-13 ·cited 6×
  The court held that state prisoners must exhaust remedies under South Carolina's Uniform Post-Conviction Relief Act before seeking federal habeas corpus relief, as the Act provides an effective means to address claims of ineffective assistance of counsel due to failure to advise
• Poole v. State OF Ga.
  551 F.2d 683· 5th Cir.· 1977-05-02 ·cited 6×
  The court held that the alibi jury charge, when read in context, did not unconstitutionally shift the burden of proof to the defendant and did not render the trial unfair.
• Zimmeri Claudius McNEAL v. United States
  553 F.2d 66· 10th Cir.· 1977-04-18 ·cited 6×
  The court held that the delay in executing a parole violator warrant and holding a revocation hearing did not violate the appellant's due process rights, as the delay was not prejudicial and a fair hearing was ultimately provided.
• Morgan v. Al Cook
  344 So. 2d 577· Fla.· 1977-03-31 ·cited 6×·via Writ Of Habeas Corpus
  The court held that Section 944.28(1), Florida Statutes (1973), is constitutional. The denial of the petition for a writ of habeas corpus is affirmed.
• Jackson v. Estelle
  548 F.2d 617· 5th Cir.· 1977-03-14 ·cited 6×
  The court held that the district court did not err in denying the habeas corpus petition, as the petitioner's claims regarding insanity, coercion, and ineffective assistance of counsel were without merit.
• Poulin v. Gunn
  548 F.2d 1379· 9th Cir.· 1977-02-24 ·cited 6×·via Petition For Habeas Corpus Relief
  The court held that the petitioner's Sixth Amendment rights may have been violated if the bailiff overheard confidential communications between the petitioner and his attorney, and this issue cannot be deemed harmless or waived by failure to object at trial.
• Ferrara v. United States
  547 F.2d 861· 5th Cir.· 1977-02-15 ·cited 6×·via Habeas Corpus Proceedings
  A district court cannot grant relief under 28 U.S.C. § 2255 without a hearing unless the motion and case records conclusively show the prisoner is entitled to no relief.
• Loter v. Estelle
  546 F.2d 151· 5th Cir.· 1977-01-28 ·cited 6×·via Application For Writ Of Habeas Corpus
  The court held that a state prisoner is not denied his constitutional right to appeal when his court-appointed attorneys fail to perfect an appeal if the prisoner did not make known his desire to appeal.
• James E. Appelwick, M.D. v. Hoffman
  540 F.2d 404· 8th Cir.· 1976-08-20 ·cited 6×·via Habeas Corpus Relief
  The court held that the Army's denial of a community hardship exemption was a reasonable interpretation of its regulations and not arbitrary or unconstitutional, thus affirming the denial of habeas corpus relief.
• Royal v. Superior Court OF NEW Hampshire
  531 F.2d 1084· 1st Cir.· 1976-03-12 ·cited 6×
  The court held that the petitioner was denied due process because he was charged and convicted under a statute that was unconstitutionally vague as applied to him.
• FRY v. Estelle
  527 F.2d 420· 5th Cir.· 1976-02-19 ·cited 6×
• Shaffer v. Hon. James R. Schlesinger
  531 F.2d 124· 3d Cir.· 1976-02-03 ·cited 6×·via Writ Of Habeas Corpus
  The court held that the Army Conscientious Objector Review Board's finding of insincerity lacked a basis in fact, as the cited reasons were insufficient to support the conclusion.
• Curry v. Estelle
  524 F.2d 981· 5th Cir.· 1975-12-17 ·cited 6×
  The court held that a governor's commutation of a death sentence, even after it was vacated, does not violate constitutional rights and that a conviction based on a grand jury systematically excluding a class of citizens is subject to attack without showing prejudice.
• McMILLON v. Estelle
  523 F.2d 1249· 5th Cir.· 1975-11-28 ·cited 6×
  The court held that a per se rule of prejudice is not adopted, and the lower court's ruling was not clearly erroneous on these facts.
• United States ex rel. Jose R. Castro v. Regan
  525 F.2d 1157· 3d Cir.· 1975-11-24 ·cited 6×
  The court held that the trial court's jury instructions, when viewed as a whole, did not violate the Mullaney v. Wilbur due process standard regarding the burden of proof for malice.
• Thomas v. Parett
  524 F.2d 779· 8th Cir.· 1975-09-09 ·cited 6×·via Habeas Corpus Relief
  The court held that the warrantless search of the apartment was justified by exigent circumstances, as the police reasonably believed evidence was about to be destroyed or removed.
• Lea Spears v. Cir. Court
  517 F.2d 360· 5th Cir.· 1975-08-11 ·cited 6×
  The court held that the appellant's Sixth Amendment right to confrontation was not violated by the admission of certain hearsay evidence, and that her other claims regarding the constitutionality of the abortion statute and due process were without merit.
• Lobis v. Secretary OF the United States AIR Force
  519 F.2d 304· D.C. Cir.· 1975-06-25 ·cited 6×
  The court held that the Secretary's denial of conscientious objector status based solely on the timing of the applicant's claim, without sufficient supporting evidence of insincerity, lacked a basis in fact.
• Gilstrap v. Mills Godwin
  517 F.2d 52· 4th Cir.· 1975-05-29 ·cited 6×
  A federal prisoner must exhaust state remedies, including pretrial habeas corpus, before seeking federal habeas relief, even if the state's highest court typically reviews speedy trial issues post-trial.
• Cranford v. Rodriguez
  512 F.2d 860· 10th Cir.· 1975-03-18 ·cited 6×
  The court held that the petitioner's constitutional rights were not violated by the confession obtained in Mexico, as the state court's determination of voluntariness was presumed correct and the Miranda warnings, though imperfect, were a good faith effort under the circumstances
• Russell v. State OF Mo.
  511 F.2d 861· 8th Cir.· 1975-03-07 ·cited 6×
  A guilty plea breaks the chain of prior constitutional deprivations, and a claim of counsel denial at arrest is insufficient to challenge a subsequent voluntary guilty plea unless it shows the plea itself was involuntary due to ineffective counsel.
• Whitaker v. Estelle
  509 F.2d 194· 5th Cir.· 1975-03-06 ·cited 6×
  The court held that the appellant's state rape conviction was not unconstitutional, as his arrest was based on probable cause, his confession was voluntary, and the state court had jurisdiction.
• Eagle v. Andera
  508 F.2d 1293· 8th Cir.· 1975-01-08 ·cited 6×
  The court held that the contributing to delinquency statute was not unconstitutionally vague as applied to the appellants' conduct, but remanded the disorderly conduct statute for an evidentiary hearing on its construction.
• Hunter v. Swenson
  504 F.2d 1104· 8th Cir.· 1974-10-24 ·cited 6×
  The court affirmed the denial of habeas corpus, finding the confession voluntary and not induced by false promises of leniency.
• State v. Hill
  299 So. 2d 625· Fla. 1st DCA· 1974-06-18 ·cited 6×
  The State appeals a trial court's order discharging a defendant under Florida's speedy trial rule. Although the appellate court agrees with the State that a speedy trial demand filed before the information was a nullity under precedent, it affirms the discharge based on habeas co
• Baker v. United States
  494 F.2d 508· 5th Cir.· 1974-05-20 ·cited 6×·via Habeas Corpus Relief
  The court held that a sentence enhancement based on a prior conviction obtained without counsel is improper and requires resentencing.
• United States ex rel. George Paxos v. Alfred T. Rundle. Appeal of the Commonwealth OF Pa.
  491 F.2d 447· 3d Cir.· 1974-01-16 ·cited 6×
  The dissent argues that the prosecutor's conduct violated due process and that the majority erred in finding the defense negligent.
• Ferrand v. Seamans
  488 F.2d 1386· 2d Cir.· 1973-12-13 ·cited 6×·via Writ Of Habeas Corpus
  The court held that the Air Force's denial of conscientious objector status lacked a basis in fact, as the evidence overwhelmingly supported the petitioner's sincerity and the reasons for denial were legally insufficient.