Habeas Corpus Petition

4,115 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

• Norris v. Risley
  878 F.2d 1178· 9th Cir.· 1989-06-30 ·cited 57×
  The court held that the trial court's failure to assess the potential prejudice from spectators wearing 'Women Against Rape' buttons, instead relying on a standard of imminent threat, was an incorrect legal standard, and thus a federal evidentiary hearing is required.
• Cartwright v. Maynard
  822 F.2d 1477· 10th Cir.· 1987-06-22 ·cited 57×
  Reliance on an unconstitutionally vague or overbroad statutory aggravating circumstance requires vacating the death sentence, especially when the state courts do not reweigh circumstances on appeal.
• Mattheson v. King
  751 F.2d 1432· 5th Cir.· 1985-01-22 ·cited 57×
  The court held that the defendant failed to demonstrate ineffective assistance of counsel and that the jury selection process was constitutional. Therefore, the district court's denial of habeas corpus relief is affirmed.
• Kathie Boudin v. Thomas
  732 F.2d 1107· 2d Cir.· 1984-04-17 ·cited 57×
  The court held that attorney's fees under the Equal Access to Justice Act (EAJA) are not available for habeas corpus petitions, but may be available for other civil actions against the government. The court also found the government's litigation position regarding contact visits
• Bell v. Watkins
  692 F.2d 999· 5th Cir.· 1982-12-06 ·cited 57×·via Habeas Corpus Relief
  The court held that the trial court's sentencing instructions were constitutionally inadequate, requiring reversal of the federal district court's judgment denying habeas corpus relief on that ground. However, the court affirmed the denial of relief regarding the constitutionalit
• Caver v. State OF Ala.
  577 F.2d 1188· 5th Cir.· 1978-08-08 ·cited 57×
  The majority incorrectly held that the petitioner had a full and fair opportunity to litigate his Fourth Amendment claim in state court, contrary to precedent.
• Wright v. Estelle
  572 F.2d 1071· 5th Cir.· 1978-05-10 ·cited 57×
• Petition of Josette Geisser v. United States
  513 F.2d 862· 5th Cir.· 1975-05-27 ·cited 57×
  The court held that the government's failure to fulfill its plea bargain promises regarding deportation and sentence, despite the defendant's crucial cooperation, necessitates further proceedings to determine the appropriate remedy.
• Parker v. Estelle
  498 F.2d 625· 5th Cir.· 1974-08-05 ·cited 57×
  The court affirmed the denial of habeas corpus relief, holding that the petitioner was not denied credit for time spent in a mental hospital and that his other claims lacked merit or were moot.
• Barnes v. Hunter
  188 F.2d 86· 10th Cir.· 1951-03-21 ·cited 57×·via Writ Of Habeas Corpus
  A federal prisoner seeking relief under 28 U.S.C. § 2255 cannot pursue a habeas corpus petition if the sentencing court has already considered and denied the § 2255 motion, unless the § 2255 remedy is inadequate or ineffective.
• Di Pasquale v. Karnuth
  158 F.2d 878· 2d Cir.· 1947-01-11 ·cited 57×·via Writ Of Habeas Corpus
  An alien's re-entry into the United States requires intent to enter, and mere passage through the country without knowledge does not constitute an 'entry' for deportation purposes.
• Achtien v. Dowd
  117 F.2d 989· 7th Cir.· 1941-02-19 ·cited 57×·via Writ Of Habeas Corpus
  A federal court cannot grant a writ of habeas corpus if the petitioner has not first exhausted available remedies in state court, even if the petitioner believes state remedies would be futile.
• Walberg v. Israel
  766 F.2d 1071· 7th Cir.· 1985-07-01 ·cited 56×
  The dissenting judge believes the petitioner failed to prove denial of effective assistance of counsel, and that state court findings of fact should be presumed correct.
• Self v. Blackburn
  751 F.2d 789· 5th Cir.· 1985-01-31 ·cited 56×
  The court held that the state district court had jurisdiction to accept a juvenile's guilty plea to first-degree murder and that the prisoner's understanding of parole eligibility did not constitute a breached plea bargain.
• Hayward v. United States Parole Comm'n
  659 F.2d 857· 8th Cir.· 1981-09-18 ·cited 56×
  The court held that the Parole Commission did not violate statutory authority or the ex post facto clause by considering offense sophistication over institutional adjustment and by applying revised guidelines.
• Zicarelli v. Gray
  543 F.2d 466· 3d Cir.· 1976-09-10 ·cited 56×
  The court did not definitively rule on the jury selection issue as it was not presented and the case's disposition made it unnecessary.
• Roddy v. Black
  516 F.2d 1380· 6th Cir.· 1975-05-27 ·cited 56×
  A state court's acceptance of a guilty plea is not constitutionally invalid for failing to establish a factual basis for the plea, nor for failing to explicitly advise the defendant of the maximum sentence, if the plea was otherwise voluntary and intelligent.
• Garafola v. Benson
  505 F.2d 1212· 7th Cir.· 1974-11-18 ·cited 56×
  The court held that the Parole Board's practice of ordinarily denying meaningful parole consideration before the one-third sentence mark for prisoners sentenced under 18 U.S.C. § 4208(a)(2) breaches its statutory duty.
• United States ex rel. Roy Schuster v. Ross E. Herold, M.D.
  410 F.2d 1071· 2d Cir.· 1969-04-24 ·cited 56×·via Writ Of Habeas Corpus
  The dissenting judge would affirm the lower court's denial of habeas corpus, arguing federal courts should not dictate state procedures for prisoner mental health commitments.
• Craycroft v. Ferrall
  408 F.2d 587· 9th Cir.· 1969-03-05 ·cited 56×·via Habeas Corpus Relief
  The court held that the appellant had not exhausted his military administrative remedies, and therefore, the district court should not have granted relief.
• United States ex rel. Francis Henry Bloeth v. Denno
  313 F.2d 364· 2d Cir.· 1963-01-25 ·cited 56×
  The court held that the extensive and inflammatory pretrial publicity created such prejudice that the jury could not be impartial, violating the defendant's Fourteenth Amendment rights.
• Francis v. Lyman
  216 F.2d 583· 1st Cir.· 1954-11-09 ·cited 56×·via Writ Of Habeas Corpus
  Public officials, including institutional superintendents, are not liable under the Civil Rights Act for actions taken in good faith reliance on a facially valid judicial commitment order, absent express legislative intent to abrogate established privileges.
• Chandler v. Crosby
  916 So. 2d 728· Fla.· 2005-10-06 ·cited 55×·via Writ Of Habeas Corpus
  Jim Eric Chandler, convicted of two counts of first-degree murder and sentenced to death, petitions for a writ of habeas corpus claiming that Crawford v. Washington, which established new confrontation clause protections for testimonial hearsay, requires reversal of his convictio
• Davis v. State
  875 So. 2d 359· Fla.· 2003-11-20 ·cited 55×·via Writ Of Habeas Corpus
  Eddie Wayne Davis was convicted of murdering an 11-year-old child and sentenced to death. On postconviction appeal, Davis challenged his conviction and sentence based on ineffective assistance of trial and appellate counsel and alleged constitutional violations under Ring and App
• United States v. Lane
  738 F.2d 863· 7th Cir.· 1984-07-05 ·cited 55×
  A sentence must be set aside if the defendant shows that false information was part of the basis for the sentence and the sentencing court relied on that misinformation.
• Smith v. Kemp
  715 F.2d 1459· 11th Cir.· 1983-09-09 ·cited 55×
  The court held that the petitioner's claims regarding a Giglio violation, arbitrary application of the death penalty, and jury unconstitutionality were without merit or procedurally barred.
• Carter v. Estelle
  677 F.2d 427· 5th Cir.· 1982-06-01 ·cited 55×·via Writ Of Habeas Corpus
  The court held that the petitioner had met the requirements of the exhaustion doctrine and that his retrial and conviction for embezzlement violated the double jeopardy clause.
• Ellis v. State OF Okla. & Warden Ray H. Page
  430 F.2d 1352· 10th Cir.· 1970-08-28 ·cited 55×
  The court held that a defendant's absence from an in camera discussion concerning a juror's qualifications, where the defendant's attorney was present, does not automatically warrant a new trial if the presumption of prejudice can be rebutted by showing the communication was harm
• Whitney v. State
  184 So. 2d 207· Fla. 3d DCA· 1966-03-08 ·cited 55×·via Habeas Corpus Proceedings
  Dennis Whitney, convicted of first-degree murder and sentenced to death, sought collateral relief arguing denial of due process on multiple grounds including pretrial publicity, prosecutorial misconduct, and ineffective assistance of counsel. The appellate court affirmed the tria
• Orme v. State
  896 So. 2d 725· Fla.· 2005-02-24 ·cited 54×·via Writ Of Habeas Corpus
  Roderick Michael Orme, a death row inmate, appealed the denial of his post-conviction motion for relief and sought habeas corpus review. The Florida Supreme Court found that trial counsel provided ineffective assistance during the penalty phase by failing to investigate and prese
• Hall v. Moore
  792 So. 2d 447· Fla.· 2001-05-10 ·cited 54×
  Habeas corpus relief is denied because the claims raised were previously adjudicated, are procedurally barred, or lack merit.
• Jackson v. State
  767 So. 2d 1156· Fla.· 2000-01-27 ·cited 54×·via Writ Of Habeas Corpus
  Andrea Jackson appeals her death sentence for the 1983 murder of a Jacksonville police officer. The Florida Supreme Court reverses and remands, holding that Jackson had a fundamental constitutional right to be present at her Campbell resentencing hearing, which the trial court vi
• Kokal v. Dugger
  718 So. 2d 138· Fla.· 1998-07-16 ·cited 54×·via Writ Of Habeas Corpus
  Gregory Alan Kokal, sentenced to death for a 1983 murder committed during a robbery, appealed the denial of his Rule 3.850 ineffective assistance of counsel motion and filed a habeas corpus petition. The Florida Supreme Court affirmed the denial of both relief and the death sente
• Selvage v. Lynaugh
  842 F.2d 89· 5th Cir.· 1988-03-28 ·cited 54×
  The court held that the district court's stay of execution must be vacated because Selvage's claims are procedurally barred by his failure to object at trial and he has not shown cause and prejudice for this failure.
• Reiger v. Christensen
  789 F.2d 1425· 9th Cir.· 1986-05-21 ·cited 54×
  The court held that the district court must review the state trial record to determine if ineffective assistance of counsel claims and the admission of witness testimony regarding a "long police record" violated due process. Other claims were affirmed.
• Sullivan v. Cuyler
  723 F.2d 1077· 3d Cir.· 1983-12-08 ·cited 54×
• Birl v. Estelle
  660 F.2d 592· 5th Cir.· 1981-11-05 ·cited 54×
  A pro se litigant's failure to file an appeal within the prescribed time limit, without a showing of excusable neglect, deprives the court of jurisdiction.
• Holman Freeman v. State OF Ga.
  599 F.2d 65· 5th Cir.· 1979-07-18 ·cited 54×
  The court held that a detective's concealment of a key eyewitness, even if personally motivated, is attributable to the state and constitutes a Brady violation if the suppressed testimony was favorable and material, potentially creating reasonable doubt. The court also held that
• Harrison Berrier v. Egeler
  583 F.2d 515· 6th Cir.· 1978-08-08 ·cited 54×
  The dissenting judge argued that even if jury instructions were erroneous under state law, federal habeas review was precluded by the petitioner's failure to object at trial, as required by Wainwright v. Sykes, absent a showing of cause and prejudice.
• Gates v. Henderson
  568 F.2d 830· 2d Cir.· 1977-01-12 ·cited 54×
• United States ex rel. George T. Williams v. Elza Brantley
  502 F.2d 1383· 7th Cir.· 1974-08-29 ·cited 54×·via Writ Of Habeas Corpus
  The court held that the petitioner was not required to exhaust state remedies by appealing the dismissal of his post-conviction petition because the Illinois Post-Conviction Hearing Act is an ineffective remedy due to the state's strict res judicata and waiver doctrines.
• Brown v. United States
  483 F.2d 116· 4th Cir.· 1973-08-01 ·cited 54×
  The court held that a habeas petitioner is entitled to resentencing if a prior conviction obtained in violation of Gideon was considered by the sentencing judge, even if the prior conviction has not been invalidated in other collateral proceedings.
• In re Korman v. United States
  486 F.2d 926· 7th Cir.· 1973-06-08 ·cited 54×·via Writ Of Habeas Corpus
  The court held that an affidavit from a government official is required for an official denial of electronic surveillance, and that the discretionary extension of a Special Grand Jury's term is not reviewable on appeal.
• United States ex rel. Michael O'Connor v. The State OF NEW Jersey & Howard Yeager
  405 F.2d 632· 3d Cir.· 1969-01-02 ·cited 54×·via Writ Of Habeas Corpus
  The court held that the introduction of post-indictment incriminating statements made without counsel violated the Sixth Amendment, and this error was not harmless beyond a reasonable doubt.
• Sires v. Cole
  320 F.2d 877· 9th Cir.· 1963-07-17 ·cited 54×·via Writ Of Habeas Corpus
  The court held that the district court properly dismissed the action because the defendants, including a county, a judge, and prosecuting attorneys, are immune from suit under the Civil Rights Act.
• Taylor v. United States
  179 F.2d 640· 9th Cir.· 1950-01-19 ·cited 54×·via Writ Of Habeas Corpus
  The court held that the trial court correctly denied the motion to vacate sentence, dismissed the habeas corpus petitions, and that the indictment sufficiently charged a violation of the relevant statute.
• Chadwick Willacy v. State
  967 So. 2d 131· Fla.· 2007-06-28 ·cited 53×·via Writ Of Habeas Corpus
  Chadwick Willacy, convicted and sentenced to death for the brutal murder of his neighbor Marlys Sather in 1990, appealed the denial of his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850 and petitioned for a writ of habeas corpus. The Florida Supre
• Power v. State
  886 So. 2d 952· Fla.· 2004-05-06 ·cited 53×·via Writ Of Habeas Corpus
  Robert Beeler Power, a death row inmate convicted of murdering a twelve-year-old girl, sought post-conviction relief and a writ of habeas corpus, claiming ineffective assistance of counsel and constitutional defects in Florida's capital sentencing scheme. The Florida Supreme Cour
• Dori Zardui-Quintana v. Richard
  768 F.2d 1213· 11th Cir.· 1985-08-02 ·cited 53×
  The court held that the district director's denial of stays of deportation was not arbitrary or capricious, as the statute does not require separate findings of a "particularly serious crime" and "danger to the community" when a conviction for a particularly serious crime is esta
• McDONNELL v. Estelle
  666 F.2d 246· 5th Cir.· 1982-01-25 ·cited 53×
  A district court's dismissal of a habeas corpus petition under Rule 9(a) based on laches requires the state to prove prejudice caused by the petitioner's delay, and the petitioner must be given proper notice that the court is considering summary judgment.