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

• Pryor v. Brennan
  914 F.2d 921· 7th Cir.· 1990-09-27 ·cited 4×
  The District of Columbia Good Time Credits Act's distinction between inmates housed in District facilities and those housed in federal or state facilities is rationally related to legitimate government interests and does not violate equal protection or due process.
• Rainer v. Dep't OF Corr.
  914 F.2d 1067· 8th Cir.· 1990-09-19 ·cited 4×·via Application For Writ Of Habeas Corpus
  The court held that the admission of prior bad acts evidence and the state investigator's involvement in defense expert testing did not violate the defendant's constitutional rights.
• Micheaux v. Collins
  911 F.2d 1083· 5th Cir.· 1990-09-17 ·cited 4×
  The court held that a state court's finding that a petitioner would not have pleaded guilty if properly admonished is a factual finding entitled to a presumption of correctness under 28 U.S.C. § 2254(d), and that a federal court cannot disregard such findings by labeling them mix
• Terrovona v. Kincheloe
  912 F.2d 1176· 9th Cir.· 1990-08-31 ·cited 4×
  The court held that Stone v. Powell bars federal habeas review of a Fourth Amendment warrantless arrest claim if the state provided an opportunity for full and fair litigation, and that the appellant made a valid implied waiver of his Miranda rights.
• Grune v. Coughlin
  913 F.2d 41· 2d Cir.· 1990-08-29 ·cited 4×·via Writ Of Habeas Corpus
  The order denying bail pending a habeas corpus determination is not an appealable interlocutory order under the collateral order doctrine.
• Noriega-Sandoval v. U.S. Immigr. & Naturalization Serv.
  911 F.2d 258· 9th Cir.· 1990-08-13 ·cited 4×·via Habeas Corpus Relief
  The court held that it lacks jurisdiction to review the denial of an application for adjustment of status to temporary resident under IRCA, except in the context of reviewing an order of deportation.
• Harris v. Duckworth
  909 F.2d 1057· 7th Cir.· 1990-08-09 ·cited 4×
  The court held that the district court erred in dismissing the habeas petition for failure to exhaust state remedies, as Indiana law now clearly indicates no judicial review of prison disciplinary decisions.
• United States v. Gabor
  905 F.2d 76· 5th Cir.· 1990-07-05 ·cited 4×
  A federal prisoner seeking credit for time served on probation against a sentence imposed after revocation of probation must file a habeas corpus petition under 28 U.S.C. § 2241 in the district where he is incarcerated, not a motion to vacate sentence under 28 U.S.C. § 2255 in th
• Howard v. Lewis
  905 F.2d 1318· 9th Cir.· 1990-06-18 ·cited 4×
  A dismissal of a federal habeas petition on grounds of state procedural default is generally considered a determination 'on the merits' for successive petition analysis, but a dismissal based on a petitioner's failure to respond, if that failure was due to prison official interfe
• Server v. Mizell
  902 F.2d 611· 7th Cir.· 1990-05-21 ·cited 4×
  The court held that the Illinois aggravated criminal sexual assault and abuse statutes, as construed by state courts, are not unconstitutionally vague and that the petitioner's other claims lack merit.
• Hale v. A.L. Lockhart
  903 F.2d 545· 8th Cir.· 1990-05-10 ·cited 4×
  The court held that neither the delay in processing the habeas petition nor the alleged ineffective assistance of counsel or involuntary guilty plea warranted relief.
• Walker v. B.D. Goldsmith
  902 F.2d 16· 9th Cir.· 1990-05-02 ·cited 4×·via Habeas Corpus Relief
  The court held that surnames beginning with W through Z do not constitute a cognizable and distinctive class for jury selection purposes.
• Jones v. Meyer
  899 F.2d 883· 9th Cir.· 1990-04-11 ·cited 4×·via Petition For Habeas Corpus Relief
  The court held that shackling a defendant during trial, when justified by security concerns and less restrictive alternatives were considered, does not violate the due process clause or the presumption of innocence.
• Navarre v. State
  556 So. 2d 1192· Fla. 1st DCA· 1990-02-08 ·cited 4×·via Writ Of Habeas Corpus
  A petition for writ of habeas corpus is an authorized means for seeking a belated appeal, and this procedural avenue has not been supplanted by Rule 3.850.
• Bagby v. Sowders
  894 F.2d 792· 6th Cir.· 1990-01-17 ·cited 4×
  The court held that the evidence did not warrant an instruction on the lesser included offense of sexual abuse in the first degree.
• In the Interest of A.B.
  553 So. 2d 1349· Fla. 4th DCA· 1989-12-20 ·cited 4×·via Writ Of Habeas Corpus
  Sixteen consolidated petitions for writ of mandamus challenge the detention of juveniles beyond the five-day statutory period before placement into commitment programs. The court held that Florida Statute § 959.12 is mandatory and requires release of juveniles held in secure dete
• Caesar Harmason v. Smith
  888 F.2d 1527· 5th Cir.· 1989-12-01 ·cited 4×
  A guilty plea is not rendered involuntary by an attorney's prediction of a lesser sentence if the defendant affirms in open court that no promises were made and understands the potential maximum sentence.
• United States v. Bayard Spector
  888 F.2d 583· 8th Cir.· 1989-11-03 ·cited 4×·via Habeas Corpus Relief
  A motion for a new trial under Federal Rule of Criminal Procedure 33, based on newly discovered evidence, must be filed within two years of the appellate court's mandate issuance, and release on bond does not constitute a stay of the mandate.
• AMI Anclote Manor Hosp. v. State
  553 So. 2d 199· Fla. 2d DCA· 1989-10-25 ·cited 4×·via Writ Of Habeas Corpus
  The State Attorney, Public Defender, and HRS lack standing under section 394.459(10) to file a habeas corpus petition on behalf of patients who did not authorize the action.
• Tijerina v. Thornburgh
  884 F.2d 861· 5th Cir.· 1989-10-05 ·cited 4×
  The Parole Commission has the ultimate discretion to decide whether a parole violator term runs concurrently or consecutively with a new sentence, even if the sentencing judge recommends concurrent service.
• Dick v. Scroggy
  882 F.2d 192· 6th Cir.· 1989-08-14 ·cited 4×
  The appearance of impropriety from a prosecutor representing a victim in a civil suit while also prosecuting the defendant in a criminal case does not, without more, violate the Due Process Clause.
• Flittie v. Solem
  882 F.2d 325· 8th Cir.· 1989-08-14 ·cited 4×·via Application For Writ Of Habeas Corpus
  The court held that a petition attacking a fully served prior conviction, even if used for sentence enhancement, does not establish subject matter jurisdiction under 28 U.S.C. § 2254(a) because the petitioner is not in custody pursuant to that prior conviction.
• Hamblen v. Dugger
  719 F. Supp. 1051· M.D. Fla.· 1989-07-10 ·cited 4×·via Writ Of Habeas Corpus
  The court denied the petition for a writ of habeas corpus and the motion for a stay of execution, finding no merit in the petitioner's claims of error.
• United States v. Nino
  878 F.2d 101· 3d Cir.· 1989-06-16 ·cited 4×
  The court held that a habeas petitioner seeking to vacate a sentence must demonstrate both prongs of the Strickland test, and that the petitioner failed to establish ineffective assistance of counsel regarding the failure to file a Rule 35(b) motion or the failure to advise about
• Buck v. Green
  874 F.2d 1578· 11th Cir.· 1989-06-13 ·cited 4×
  The court held that state courts did resolve the merits of the factual dispute regarding jury discrimination by finding the evidence unsubstantiated, thus the presumption of correctness under 28 U.S.C. § 2254(d)(1) should apply.
• Tague v. Puckett
  874 F.2d 1013· 5th Cir.· 1989-06-08 ·cited 4×·via Writ Of Habeas Corpus
  A state must provide an indigent defendant with a transcript of prior proceedings when needed for an effective defense, and counsel's memory or trial notes are not adequate alternatives.
• United States v. Lewis
  875 F.2d 444· 5th Cir.· 1989-06-01 ·cited 4×
  The court held that reducing the special parole term to match the court's erroneous statement at the time of the plea was an adequate remedy for a Rule 11 violation.
• J.F. v. Johnson
  543 So. 2d 471· Fla. 4th DCA· 1989-05-31 ·cited 4×·via Writ Of Habeas Corpus
  The petition for a writ of habeas corpus is granted because the child was detained in contravention of section 39.032, Florida Statutes, and the State conceded the child should be released.
• Williams v. A.L. Lockhart
  873 F.2d 1129· 8th Cir.· 1989-05-02 ·cited 4×
  A procedural default in state post-conviction proceedings, specifically failing to file a timely petition under Ark.R.Crim.P. 37, bars federal habeas corpus relief unless cause and prejudice are shown.
• Humanik v. Beyer
  871 F.2d 432· 3d Cir.· 1989-03-31 ·cited 4×
  The court held that the New Jersey diminished capacity statute, as applied through the trial court's jury instructions, violated due process by impermissibly shifting the burden of persuasion to the defendant on an issue that negated an element of the crime.
• Paprocki v. Foltz
  869 F.2d 281· 6th Cir.· 1989-03-01 ·cited 4×
• Titcomb v. Commonwealth OF Va.
  869 F.2d 780· 4th Cir.· 1989-02-10 ·cited 4×
  The court would affirm dismissal of the Brady claim on the merits, finding no reasonable probability the undisclosed evidence would have changed the outcome.
• Earvin v. Lynaugh
  860 F.2d 623· 5th Cir.· 1988-11-10 ·cited 4×
  The court held that the petitioner failed to establish ineffective assistance of counsel at the penalty phase of his trial and that his claim regarding the facial constitutionality of the Texas death penalty statute was not properly preserved.
• Thompson v. Jones
  870 F.2d 432· 8th Cir.· 1988-10-24 ·cited 4×·via Writ Of Habeas Corpus
  The court held that the appellant's double jeopardy claim was without merit and thus not a substantial constitutional issue, affirming the denial of the habeas corpus petition.
• Smith v. Armontrout
  858 F.2d 1303· 8th Cir.· 1988-09-23 ·cited 4×
  The court indicated its intention to deny the application for a certificate of probable cause, which would terminate the appeal and allow the scheduled execution to proceed.
• Ames v. Endell
  856 F.2d 1441· 9th Cir.· 1988-09-15 ·cited 4×
  The court held that the petitioner failed to demonstrate ineffective assistance of counsel, as the attorneys' actions were within the bounds of reasonable professional judgment and tactical decisions were appropriate.
• Sanders v. Clarke
  856 F.2d 1134· 8th Cir.· 1988-09-12 ·cited 4×·via Habeas Corpus Relief
  The court held that a defendant is not required to show prejudice to obtain relief when counsel fails to comply with the Anders requirements for withdrawing from a frivolous appeal.
• Johnson v. Riveland
  855 F.2d 1477· 10th Cir.· 1988-09-02 ·cited 4×
  The court held that the case is moot because the petitioner has been paroled and the state has already granted credit against the maximum sentence, rendering the issues incapable of judicial resolution.
• Bagby v. Sowders
  853 F.2d 1340· 6th Cir.· 1988-08-10 ·cited 4×
  The court held that the prosecutor's comments were not manifestly intended to reflect the accused's silence and would not naturally and necessarily be understood as such by the jury.
• Woods v. Butler
  847 F.2d 1163· 5th Cir.· 1988-06-28 ·cited 4×·via Habeas Corpus Relief
  A valid prescription for a controlled substance is a defense, not an element of the crime of possession, and the state may constitutionally require the defendant to prove this defense.
• Dung Thai Tran v. A.L. Lockhart
  849 F.2d 1064· 8th Cir.· 1988-06-13 ·cited 4×
  The dissenting judge would vacate the judgment dismissing the writ and remand for an evidentiary hearing.
• Catarino Gonzales, Jr. v. Grammer
  848 F.2d 894· 8th Cir.· 1988-06-07 ·cited 4×
  The court held that the prior guilty pleas were not entered in accord with due process, as the defendant was not sufficiently informed of his constitutional rights to make an intelligent choice.
• Hillery C. Thorne, Jr. v. Bailey
  846 F.2d 241· 4th Cir.· 1988-05-05 ·cited 4×
  The statute is unconstitutional because it is overbroad and abridges freedom of speech, and it was unconstitutionally applied to Thorne's conduct.
• Landry v. Lynaugh
  844 F.2d 1117· 5th Cir.· 1988-03-29 ·cited 4×
• Clark Varnell v. Young
  839 F.2d 1245· 7th Cir.· 1988-02-16 ·cited 4×
  The court held that the petitioner failed to exhaust state court remedies because the Wisconsin Court of Appeals explicitly stated he could pursue post-conviction relief under § 974.06, Wis.Stats., and he had not done so.
• Jones v. Smith
  835 F.2d 175· 8th Cir.· 1987-12-09 ·cited 4×
  A prisoner's claim for restoration of good-time credits is a habeas corpus claim requiring exhaustion of state remedies, but a claim for monetary damages under section 1983 should be stayed, not dismissed, pending exhaustion.
• Stamps v. Rees
  834 F.2d 1269· 6th Cir.· 1987-12-07 ·cited 4×
  The court held that the petitioner's claims of insufficient evidence for his persistent felony offender conviction, the trial court's failure to conduct an on-the-record inquiry into the voluntariness of a de facto guilty plea, and ineffective assistance of counsel were without m
• Beam v. Foltz
  832 F.2d 1401· 6th Cir.· 1987-11-10 ·cited 4×
  The court held that the prosecutor's argument, while potentially misleading, did not render the trial fundamentally unfair, and that defense counsel's performance was not ineffective.
• Cobb v. E.P. Perini
  832 F.2d 342· 6th Cir.· 1987-11-06 ·cited 4×
  The court held that the admission of pre-Miranda statements was not reversible error, and the appellant was not denied effective assistance of counsel.
• Pinson v. Morris
  830 F.2d 896· 8th Cir.· 1987-10-05 ·cited 4×·via Habeas Corpus Relief
  The court held that the panel opinion's reasoning regarding Pinson's knowledge of his appellate rights was incongruous and that the state may have an obligation to explicitly inform indigent defendants of their appellate rights.