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

• Warner v. United States
  975 F.2d 1207· 6th Cir.· 1992-09-16 ·cited 4×·via Habeas Corpus Relief
  The Sixth Circuit affirmed the district court's grant of state habeas relief, vacating the state sentence, but affirmed the denial of federal habeas relief, finding no prejudice from counsel's ineffective assistance in the federal proceedings.
• Jeffers v. Lewis
  974 F.2d 1075· 9th Cir.· 1992-08-31 ·cited 4×
  The court held that the Arizona Supreme Court erred by affirming a death sentence without adequately considering mitigating evidence or conducting a proper reweighing of factors after invalidating one aggravating circumstance.
• Nolan v. Armontrout
  973 F.2d 615· 8th Cir.· 1992-08-19 ·cited 4×
  The court held that ineffective assistance of post-conviction counsel does not constitute cause to excuse a procedural default, and inaccurate parole advice does not automatically taint a guilty plea without proof of prejudice.
• State v. Navarro
  603 So. 2d 136· Fla. 4th DCA· 1992-08-12 ·cited 4×·via Writ Of Habeas Corpus
  A trial court's policy to refuse bond for defendants charged with new offenses while on pretrial release is contrary to Florida statutes and case law.
• Paris Hoyt Carriger v. Lewis
  971 F.2d 329· 9th Cir.· 1992-07-28 ·cited 4×
  The court held that the petitioner is entitled to a new trial due to the jury not being given the option to convict of a lesser included offense and ineffective assistance of counsel.
• Schwendeman v. Wallenstein
  971 F.2d 313· 9th Cir.· 1992-07-27 ·cited 4×
  A jury instruction allowing an inference of reckless driving solely from evidence of excessive speed is constitutionally deficient and requires reversal unless the error is harmless beyond a reasonable doubt.
• Nickerson v. T.A. LEE
  971 F.2d 1125· 4th Cir.· 1992-07-23 ·cited 4×
  The court held that a rule prohibiting discrimination in the selection of North Carolina grand jury foremen would be a new rule of law under Teague v. Lane, making the claim not cognizable in federal habeas corpus. The court also held that Nickerson failed to establish a prima fa
• Bobo v. Kolb
  969 F.2d 391· 7th Cir.· 1992-07-22 ·cited 4×
  The court affirmed the denial of the habeas petition, holding that Bobo's silence was not an invocation of his right to remain silent and that his ineffective assistance of counsel claim was procedurally defaulted.
• Landano v. Rafferty
  970 F.2d 1230· 3d Cir.· 1992-07-16 ·cited 4×
• Adams v. Aiken
  965 F.2d 1306· 4th Cir.· 1992-05-19 ·cited 4×
  The court held that the jury instructions on reasonable doubt announced a new rule not retroactively applicable to this habeas corpus case, and that the defendant was competent throughout his trial. The court also found that the confession was admissible and that no Brady violati
• Allen v. Denis D. Dowd and William L. Webster
  964 F.2d 745· 8th Cir.· 1992-05-13 ·cited 4×
  A habeas petitioner is not 'in custody' under a conviction if the sentence has expired at the time the petition is filed, unless the petition specifically challenges a current sentence enhanced by the prior conviction.
• Flowers v. Ill. Dep't of Corr.
  962 F.2d 703· 7th Cir.· 1992-05-07 ·cited 4×
  The court held that the jury instructions violated due process and were not harmless error, entitling the petitioner to habeas relief, but that the double jeopardy claim failed due to jury confusion.
• Knox v. The State OF Wyo.
  959 F.2d 866· 10th Cir.· 1992-03-20 ·cited 4×
  The court held that an application for a certificate of probable cause, filed timely, can serve as a notice of appeal, but the appeal is dismissed for failure to exhaust state remedies.
• Kennedy v. Delo
  959 F.2d 112· 8th Cir.· 1992-03-19 ·cited 4×·via Writ Of Habeas Corpus
  The court held that the petitioner procedurally defaulted on most claims and that the remaining claim regarding the jury instruction did not constitute a miscarriage of justice.
• Parks v. Reynolds
  958 F.2d 989· 10th Cir.· 1992-03-09 ·cited 4×
  The court held that the appellant's habeas corpus petition was successive and abusive, and therefore dismissed it, denying the request for a stay of execution.
• Adamson v. Lewis
  955 F.2d 614· 9th Cir.· 1992-01-30 ·cited 4×
  The dissenting judge argues that exceptional circumstances justify recalling the court's mandate to reconsider a prior en banc decision that incorrectly vacated a death sentence.
• In the Interest of E.H.
  591 So. 2d 1097· Fla. 1st DCA· 1992-01-02 ·cited 4×·via Writ Of Habeas Corpus
  A Florida appellate court denied a mother's motion for reconsideration and request for a belated appeal in a parental rights termination case, where the mother's appointed counsel failed to timely file the notice of appeal. The court certified two issues of great public importanc
• Washington v. Murray
  952 F.2d 1472· 4th Cir.· 1991-12-19 ·cited 4×
  The court held that the district court erred in dismissing a claim of ineffective assistance of counsel regarding the failure to use exculpatory forensic evidence without an evidentiary hearing, and remanded that claim for further proceedings. Other claims of ineffective assistan
• Bellamy v. Cogdell
  952 F.2d 626· 2d Cir.· 1991-12-18 ·cited 4×·via Writ Of Habeas Corpus
  The per se rule for Sixth Amendment right to counsel violations does not apply when the attorney was duly licensed at the time of trial and was mentally competent, despite pending disciplinary proceedings or prior statements of incapacity.
• Grubbs v. Delo
  948 F.2d 1459· 8th Cir.· 1991-11-08 ·cited 4×
  The court held that the state failed to present sufficient evidence to support two aggravating circumstances found by the jury, which were necessary for the imposition of the death penalty.
• Moore v. Deputy Commissioner(S) OF Scihuntingdon
  946 F.2d 236· 3d Cir.· 1991-10-08 ·cited 4×
  The court held that the district court erred in granting a writ of habeas corpus, finding that the evidence was constitutionally sufficient to support the conviction and that trial counsel was not ineffective.
• Alexander v. Whitley
  940 F.2d 946· 5th Cir.· 1991-09-09 ·cited 4×
  The court held that the district court should first consider whether the petitioner's habeas petition constitutes an abuse of the writ under Rule 9(b), in light of the intervening Supreme Court decision in McCleskey v. Zant.
• D.S.A. v. Cir. Court Branch 1
  942 F.2d 1143· 7th Cir.· 1991-09-05 ·cited 4×
  The case is moot because the adjudication imposes no legal disabilities and there is no reasonable expectation of future legal dispute between the parties.
• Williams v. Whitley
  940 F.2d 132· 5th Cir.· 1991-08-30 ·cited 4×
  The court held that the petitioner was entitled to an evidentiary hearing to develop facts regarding a police report containing impeachment evidence and his trial counsel's knowledge of it.
• Vincent v. Al Parke
  942 F.2d 989· 6th Cir.· 1991-08-23 ·cited 4×
  The admission of a co-defendant's out-of-court statement implicating the defendant violated the Sixth Amendment's Confrontation Clause and was not harmless error.
• Cortinas v. United States Parole Comm'n
  938 F.2d 43· 5th Cir.· 1991-08-09 ·cited 4×·via Habeas Corpus Relief
  The court held that the Parole Commission had the authority to revoke parole and forfeit street time, and that Cortinas's claims of unreasonable delay, ex post facto violation, and double jeopardy were without merit.
• Caporale v. Gasele
  940 F.2d 305· 8th Cir.· 1991-07-25 ·cited 4×
  The court held that it lacked jurisdiction to review the Parole Commission's departures from its internal manual and that the claim of 'double counting' was without merit.
• Camillo v. Armontrout
  938 F.2d 879· 8th Cir.· 1991-07-10 ·cited 4×
  The court held that a defendant has a due process right to be present at proceedings determining persistent offender status, and the failure to provide notice or opportunity to be present violates this right.
• Spaziano v. Dugger
  584 So. 2d 1· Fla.· 1991-07-03 ·cited 4×·via Habeas Corpus Relief
  Joseph Robert Spaziano petitions for habeas corpus relief, arguing that the U.S. Supreme Court's decision in Parker v. Dugger requires the Florida Supreme Court to reconsider his death sentence, which was imposed by the trial judge despite a jury recommendation for life imprisonm
• Greyson v. Kellam
  937 F.2d 1409· 9th Cir.· 1991-07-01 ·cited 4×
  The court held that even if the rule barring retrial for prosecutorial misconduct intended to provoke a mistrial could apply when the mistrial motion was denied, this case did not require such an extension because the state court found no evidence of prosecutorial intent to provo
• Mathis v. Hood
  937 F.2d 790· 2d Cir.· 1991-06-28 ·cited 4×
  The court affirmed the district court's grant of habeas relief, finding that the petitioner's appellate counsel had an actual conflict of interest that constituted a per se violation of the Sixth Amendment, making a showing of prejudice unnecessary.
• Jewell Scott v. State OF La. & Bruce Lynn
  934 F.2d 631· 5th Cir.· 1991-06-27 ·cited 4×
  The court held that the jury instruction error for attempted murder was harmless regarding the concurrent sentences but modified the dismissal to be without prejudice due to potential future collateral consequences.
• Eckert v. Tansy
  936 F.2d 444· 9th Cir.· 1991-06-17 ·cited 4×
  The court held that the exclusion of alibi testimony did not violate the defendant's Sixth Amendment rights, his counsel's performance was not ineffective, and the imposition of consecutive life sentences did not constitute cruel and unusual punishment.
• Griffin v. A.L. Lockhart
  935 F.2d 926· 8th Cir.· 1991-05-29 ·cited 4×
  The court held that the state trial court violated due process by permitting the defendant to withdraw his competency motion without an adequate evidentiary hearing, despite evidence raising sufficient doubt about his mental competency.
• Renaldo Grey v. Hoke
  933 F.2d 117· 2d Cir.· 1991-05-09 ·cited 4×
  The court held that petitioner's prosecutorial misconduct and sentencing claims were procedurally barred due to failure to properly present them to the highest state court, and the Fourth Amendment claim was barred by Stone v. Powell. Therefore, the petition was affirmed.
• Asherman v. Meachum
  932 F.2d 137· 2d Cir.· 1991-05-01 ·cited 4×·via Writ Of Habeas Corpus
  The court held that the Commissioner violated Asherman's Fifth Amendment privilege against self-incrimination by revoking his supervised home release status solely because he invoked the privilege and refused to participate in a psychiatric evaluation concerning his conviction.
• Johnson v. Gramley
  929 F.2d 350· 7th Cir.· 1991-04-08 ·cited 4×
  A district judge's decision to dismiss a habeas petition as frivolous but then grant a certificate of probable cause should be accompanied by stated reasons to clarify the weight of each decision.
• Harris v. Vasquez
  928 F.2d 891· 9th Cir.· 1991-03-22 ·cited 4×
  The court held that new declarations warranted a limited evidentiary hearing on the Abshire claim regarding potential constitutional violations.
• Jackson v. Brennan
  924 F.2d 725· 7th Cir.· 1991-02-13 ·cited 4×
  The federal prison system is not required to give credit for time spent in Cuban custody under 18 U.S.C. § 3568.
• White v. White
  925 F.2d 287· 9th Cir.· 1991-01-30 ·cited 4×
  The court held that a parolee's admission of some parole violations does not constitute a waiver of the right to confront adverse witnesses regarding other contested violations, and that barring such confrontation at an institutional revocation hearing violates due process.
• Hughes Anderson Bagley, Jr. v. CMC Real Est. Corp.
  923 F.2d 758· 9th Cir.· 1991-01-22 ·cited 4×·via Habeas Corpus Proceedings
  The court held that Bagley's civil rights claims accrued when he first learned of the injury, not upon the completion of his habeas corpus proceedings, and that his § 1985(2) claim failed for lack of class-based animus.
• Goodwin v. State OF Okla.
  923 F.2d 156· 10th Cir.· 1991-01-16 ·cited 4×
  The court held that a petitioner is excused from exhausting state remedies if the state's highest court has already addressed and resolved the precise legal issue adversely to the petitioner.
• Brown v. McGINNIS
  922 F.2d 425· 7th Cir.· 1991-01-15 ·cited 4×
  The court held that the petitioner failed to show prejudice from his counsel's failure to recall the victim, as her testimony would have been damaging to his defense.
• Story v. Collins
  920 F.2d 1247· 5th Cir.· 1991-01-11 ·cited 4×
  The court held that the district court erred in dismissing the good conduct time claim for lack of jurisdiction, but the claim fails on the merits because the petitioner was not entitled to good conduct time under the applicable law. The court affirmed the dismissal of other clai
• Pinkney v. Keane
  920 F.2d 1090· 2d Cir.· 1990-12-07 ·cited 4×
  A federal court in a habeas corpus proceeding may reexamine a state appellate court's suppression ruling if it appears erroneous, even if the state ruling favored the petitioner. The court found the search of the petitioner's car was constitutional.
• P.H. v. Fryer
  570 So. 2d 1096· Fla. 4th DCA· 1990-12-05 ·cited 4×·via Writ Of Habeas Corpus
  A juvenile detained for aggravated assault challenged his continued detention beyond the statutory 21-day maximum period. The court granted habeas corpus relief, holding that the state failed to establish adequate grounds under Florida law for extending detention, and that prior
• Buddy Nichols v. Mac Sim Butler
  917 F.2d 518· 11th Cir.· 1990-11-20 ·cited 4×
  The court affirmed the district court's grant of habeas corpus relief, holding that the petitioner's fundamental right to testify was violated when his counsel threatened to withdraw if he insisted on testifying.
• Bradley v. Meachum
  918 F.2d 338· 2d Cir.· 1990-11-02 ·cited 4×
  The court held that the defendant did not invoke his right to remain silent and that prosecutorial misconduct during summation did not cause substantial prejudice, nor was the jury charge on mistake of fact attempt improper.
• Apolinario Vigil v. Tansy
  917 F.2d 1277· 10th Cir.· 1990-10-26 ·cited 4×
  The court held that the use of a videotaped deposition of a child victim did not violate the petitioner's Sixth Amendment right to confrontation, and that the evidence was sufficient to sustain the convictions.
• Nabors v. United States
  929 F.2d 354· 8th Cir.· 1990-10-15 ·cited 4×·via Petition For Habeas Corpus Relief
  The court held that the district court failed to conduct the required de novo review of the magistrate's recommendation because it did not review the actual testimony from the evidentiary hearing.