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

• Brownstein v. Dir., Ill. Dep't OF Corr.
  760 F.2d 836· 7th Cir.· 1985-04-30 ·cited 4×·via Writ Of Habeas Corpus
  A federal court may deny habeas relief based on a petitioner's "deliberate bypass" of state procedures, even if no procedural default occurred under state law, when the petitioner strategically sought an unentitled benefit.
• Fisher v. Rose
  757 F.2d 789· 6th Cir.· 1985-03-26 ·cited 4×·via Writ Of Habeas Corpus
  The district court abused its discretion by barring retrial based on the state's delay in retrying the petitioner, as the petitioner was no longer held under the constitutionally defective conviction.
• Corcoran v. Wyrick
  757 F.2d 207· 8th Cir.· 1985-03-18 ·cited 4×·via Application For Writ Of Habeas Corpus
  The court held that a state court's factual finding regarding a habeas petitioner's understanding of potential punishment is presumed correct under 28 U.S.C. § 2254(d), and an erroneous statement by the sentencing judge does not invalidate a guilty plea if the petitioner was othe
• Patterson v. Gunnell
  753 F.2d 253· 2d Cir.· 1985-01-28 ·cited 4×
  The court held that while the Parole Commission has the authority to set a release date above the guidelines due to aggravating circumstances, it must provide the prisoner with notice and an opportunity to respond to those circumstances.
• Ford v. Ford
  749 F.2d 681· 11th Cir.· 1985-01-02 ·cited 4×
  The court held that an actual conflict of interest existed due to dual representation of co-defendants with divergent interests, violating the Sixth Amendment right to effective assistance of counsel.
• Flynn v. Holbrook
  749 F.2d 961· 1st Cir.· 1984-12-07 ·cited 4×
  The court held that the continuous presence of armed, uniformed state troopers behind defendants during a lengthy trial, without a demonstrated necessity for such heightened security, violated the presumption of innocence and deprived the defendants of a fair trial.
• Lewis v. Procunier
  746 F.2d 1073· 5th Cir.· 1984-11-19 ·cited 4×
  The court held that counsel's failure to object to a jury instruction variance did not constitute ineffective assistance of counsel because the petitioner suffered no prejudice under federal constitutional standards and Texas law at the time would not have guaranteed a reversal.
• Frye v. Procunier
  746 F.2d 1011· 4th Cir.· 1984-10-18 ·cited 4×·via Habeas Corpus Relief
  The court's concurrence rests on binding precedent regarding ineffective assistance of counsel, despite the judge's personal view on the impropriety of the jury instruction.
• Linwood E. Briley v. E.L. Booker
  746 F.2d 225· 4th Cir.· 1984-10-09 ·cited 4×
  The court affirmed the denial of habeas corpus relief, finding the petitioner abused the writ by raising new issues in a successive petition and that the claims lacked merit.
• In the Interest of M.S.
  455 So. 2d 557· Fla. 4th DCA· 1984-08-27 ·cited 4×·via Writ Of Habeas Corpus
  The court reviewed a habeas corpus petition concerning a child's dependency adjudication, finding the petition procedurally flawed but suggesting mandamus to compel an evidentiary hearing due to delays and lack of proper procedure.
• Magby v. Donald Wawrzaszek & the Attorney Gen. of the State of Ariz.
  741 F.2d 240· 9th Cir.· 1984-08-21 ·cited 4×
  The court held that the district court erred in finding procedural default on the involuntariness claim, and remanded for consideration of that claim on the merits.
• Amrut Narandas Patel v. Landon
  739 F.2d 1455· 9th Cir.· 1984-08-10 ·cited 4×·via Writ Of Habeas Corpus
  The court held that the appellant's departure and return on advance parole did not strip him of his right to deportation proceedings, and his status must be adjudicated accordingly.
• Austad v. Risley
  739 F.2d 428· 9th Cir.· 1984-07-31 ·cited 4×
  The court held that the district court correctly denied habeas corpus relief, as the state court's findings on mental fitness and impartiality of the jury were entitled to deference.
• Cooley v. Crispus NIX
  738 F.2d 345· 8th Cir.· 1984-07-09 ·cited 4×·via Habeas Corpus Relief
  Defense counsel's failure to interview alibi witnesses was not ineffective assistance of counsel when the defendant indicated the witnesses would not help or would harm his case.
• Kathie Boudin v. Thomas
  737 F.2d 261· 2d Cir.· 1984-06-26 ·cited 4×
  A prisoner's claim for release from administrative segregation into the general population is not a 'civil action' under the Equal Access to Justice Act if it is treated as a habeas corpus petition.
• Gomez v. McKASKLE
  734 F.2d 1107· 5th Cir.· 1984-06-25 ·cited 4×·via Writ Of Habeas Corpus
  The court held that the petitioner failed to demonstrate prejudice from counsel's alleged failures, thus not meeting the standard for ineffective assistance of counsel.
• United States ex rel. Ronald C. Huckstead v. Greer
  737 F.2d 673· 7th Cir.· 1984-06-19 ·cited 4×
  The court held that the appellant did not receive ineffective assistance of counsel and that the omission of a jury instruction regarding the state's burden to disprove self-defense did not rise to the level of plain error or prejudice sufficient for federal habeas relief.
• Russell v. Wyrick
  736 F.2d 462· 8th Cir.· 1984-06-11 ·cited 4×
  The dissenting judge would remand for factual findings on jury selection fairness, disagreeing with the majority's affirmance.
• Peak v. Petrovsky
  734 F.2d 402· 8th Cir.· 1984-05-25 ·cited 4×
  The court held that the Parole Commission acted within its discretion by considering conduct underlying dismissed counts for offense severity classification, and that the Government did not breach the plea agreement.
• Orison F. McDONALD, II v. Burrows
  731 F.2d 294· 5th Cir.· 1984-05-07 ·cited 4×
  The court held that extradition proceedings are not criminal in nature and thus do not implicate the Sixth Amendment right to a speedy trial, nor can delays in extradition be reviewed in a federal habeas corpus proceeding.
• Lacy v. Gabriel
  732 F.2d 7· 1st Cir.· 1984-04-11 ·cited 4×
  The court held that a Sixth Amendment confrontation clause claim, raised sua sponte by the district court and not exhausted in state courts, renders a habeas petition "mixed" and requires dismissal of that claim, but the petition is not considered mixed if the petitioner only rai
• J.B. v. Lumpee
  450 So. 2d 1286· Fla. 2d DCA· 1984-03-22 ·cited 4×·via Writ Of Habeas Corpus
• Isidoro Cruz-Sanchez v. Cordero
  728 F.2d 1531· 1st Cir.· 1984-03-09 ·cited 4×
  The court held that the petitioner had not exhausted his state remedies regarding his claim for a new trial based on new evidence, and thus his federal habeas petition was properly dismissed.
• United States ex rel. Theodore Bacon v. DeROBERTIS
  728 F.2d 874· 7th Cir.· 1984-02-17 ·cited 4×·via Writ Of Habeas Corpus
  The court affirmed the grant of summary judgment, holding that any prosecutorial misconduct before the grand jury was remedied by a fair trial, and the failure to give a lesser included offense instruction did not constitute a fundamental miscarriage of justice.
• Egerstaffer v. Israel
  726 F.2d 1231· 7th Cir.· 1984-02-09 ·cited 4×
  The use of hearsay evidence at a probation revocation hearing is not per se unconstitutional if it bears substantial indicia of trustworthiness, and participation in a violent incident like pointing a gun is a sufficient ground for revocation.
• Houston v. Bryan
  725 F.2d 516· 9th Cir.· 1984-02-08 ·cited 4×·via Writ Of Habeas Corpus
  Noncompliance with local rules regarding oral argument on summary judgment motions is not reversible error absent a showing of prejudice. The state defendants' failure to prevent a witness's detention or secure release was not the proximate cause of the detention under Nevada law
• Watkins v. Callahan
  724 F.2d 1038· 1st Cir.· 1984-01-13 ·cited 4×
  The court held that the post-telephone call statements were admissible, the Massachusetts felony murder theory was constitutional, and the denial of a continuance did not violate the Sixth Amendment.
• Alcorn v. Smith
  724 F.2d 37· 6th Cir.· 1983-12-20 ·cited 4×
  The court held that the petitioner had not exhausted state remedies because he failed to properly present his claims, including ineffective assistance of counsel to excuse procedural default, to the state courts.
• Fowler v. State
  443 So. 2d 125· Fla. 5th DCA· 1983-11-25 ·cited 4×
  A defendant must be advised prior to pleading guilty or nolo contendere that the court can retain jurisdiction over part of the sentence.
• Howard v. Wyrick
  720 F.2d 993· 8th Cir.· 1983-11-16 ·cited 4×·via Writ Of Habeas Corpus
  The court held that the appellant failed to demonstrate cause for his procedural default because his 1979 counsel's investigation into his claimed innocence met the constitutional standard for effective assistance.
• Emilcar Bermudez v. Reid
  720 F.2d 748· 2d Cir.· 1983-11-01 ·cited 4×
  The court denied the Attorney General's motion for a stay pending appeal, requiring the state to release the petitioner, but later granted reconsideration and a stay pending appeal due to new information.
• Lannon v. Hogan
  719 F.2d 518· 1st Cir.· 1983-10-25 ·cited 4×
• Williams v. Maggio
  714 F.2d 554· 5th Cir.· 1983-09-15 ·cited 4×
  The court affirmed the denial of the habeas corpus petition, finding the concurrent sentence doctrine applicable.
• Futrell v. Wyrick
  716 F.2d 1207· 8th Cir.· 1983-09-15 ·cited 4×·via Habeas Corpus Relief
  The court held that the admission of mugshots, even if potentially prejudicial, did not rise to the level of a due process violation requiring habeas corpus relief.
• Lufkins v. Solem
  716 F.2d 532· 8th Cir.· 1983-09-12 ·cited 4×
  The court held that the prisoner was denied due process due to an inadequate voluntariness hearing for his confession and received ineffective assistance of counsel, entitling him to habeas relief.
• Deloney v. W.J. Estelle, Jr.
  713 F.2d 1080· 5th Cir.· 1983-09-06 ·cited 4×
  The court held that the defendant's reindictment on more serious charges after his guilty plea was withdrawn did not constitute prosecutorial vindictiveness because the charges were not more severe than those in the original indictment, and his retrial was not barred by double je
• Mattheson v. Maggio
  714 F.2d 362· 5th Cir.· 1983-08-24 ·cited 4×
  The court granted a stay of execution and directed the district court to determine if prior convictions were uncounseled and if their use violated due process, as a certificate of probable cause may be warranted.
• Euell v. Wyrick
  714 F.2d 821· 8th Cir.· 1983-08-17 ·cited 4×
  The court held that the appellant failed to establish a prima facie case of underrepresentation of women on the jury venire, as required for a Sixth Amendment fair cross-section claim.
• Donnie L. Sloan v. W.J. Estelle, Jr.
  710 F.2d 229· 5th Cir.· 1983-07-28 ·cited 4×
  The court held that the petitioner's guilty pleas were voluntary and that the trial court did not err in failing to sua sponte order a competency hearing.
• United States v. Lopez
  704 F.2d 1382· 5th Cir.· 1983-05-19 ·cited 4×
  The court held that the fraudulent procurement of a state birth certificate for an alien constitutes a violation of 18 U.S.C. § 1425, as a birth certificate qualifies as 'other evidence of citizenship'.
• Karlos Argiz v. United States Immigration
  704 F.2d 384· 7th Cir.· 1983-04-07 ·cited 4×
  The court held that an alien is not entitled to a speedy deportation hearing under the Sixth Amendment, the Interstate Agreement on Detainers, or the Speedy Trial Act because deportation proceedings are civil, not criminal.
• Harrisson v. Fla. Parole & Prob. Comm'n
  428 So. 2d 388· Fla. 4th DCA· 1983-03-23 ·cited 4×·via Writ Of Habeas Corpus
• Kelly v. Warden, House OF Correction
  701 F.2d 311· 4th Cir.· 1983-03-03 ·cited 4×·via Habeas Corpus Relief
  The court held that the district court erred in placing the burden of proof on the petitioner to show harm from counsel's incompetence, rather than on the state to show the error was harmless.
• Young v. Callahan
  700 F.2d 32· 1st Cir.· 1983-02-16 ·cited 4×
  The court held that confining a defendant to the prisoner's dock without a finding of necessity for security, over objection, unconstitutionally impaired his right to a fair trial.
• Youngblood v. Maggio
  696 F.2d 407· 5th Cir.· 1983-02-04 ·cited 4×
  The court held that the petitioner received reasonably effective assistance of counsel, and thus the district court did not err in dismissing his habeas corpus petition.
• Bronson Howard Knight v. Johnson
  699 F.2d 162· 4th Cir.· 1983-01-20 ·cited 4×·via Writ Of Habeas Corpus
  The court held that the state trial court's procedure of accepting guilty pleas under protest and then proceeding to hear evidence to determine guilt did not violate due process or the right to effective assistance of counsel.
• Grimsley v. Dodson
  696 F.2d 303· 4th Cir.· 1982-12-15 ·cited 4×
  The Fourth Amendment exclusionary rule does not apply to state probation revocation hearings when the state has provided an opportunity for full and fair litigation of the Fourth Amendment claim.
• Smith v. Wyrick
  693 F.2d 808· 8th Cir.· 1982-12-01 ·cited 4×·via Habeas Corpus Relief
  The court held that a federal court must grant an evidentiary hearing on a habeas petition if relevant facts are in dispute and a fair hearing was not granted in state court, but affirmed the denial because the petitioner's claim could be resolved on the record.
• Andiarena v. Keohane
  691 F.2d 993· 11th Cir.· 1982-11-15 ·cited 4×·via Writ Of Habeas Corpus
  The court held that successive prosecutions for firearms and drug offenses did not violate the Fifth Amendment's prohibition against double jeopardy or due process rights.
• Epps v. Louie L. Wainwright
  420 So. 2d 659· Fla. 4th DCA· 1982-10-20 ·cited 4×·via Writ Of Habeas Corpus
  The court granted the petition for a writ of habeas corpus, allowing the petitioner to proceed with a delayed appeal.