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

• Phillips v. Rose
  690 F.2d 79· 6th Cir.· 1982-10-06 ·cited 4×
  The court held that jury instructions creating a presumption of malice that shifted the burden of persuasion to the defendant violated due process and were not harmless error.
• Avera v. State
  417 So. 2d 804· Fla. 5th DCA· 1982-08-04 ·cited 4×·via Writ Of Habeas Corpus
  Avera petitioned for a writ of habeas corpus seeking delayed appellate review after his assistant public defender failed to timely file a notice of appeal. The court granted the petition, holding that ineffective assistance of counsel excuses strict compliance with the 30-day app
• Carpenter v. Leibson
  683 F.2d 169· 6th Cir.· 1982-07-23 ·cited 4×·via Writ Of Habeas Corpus
  The court held that due process prohibits the retroactive application of a new procedural rule (Kimbrough) that bars substantive review of convictions when petitioners complied with prior procedural requirements.
• Thomas v. Warden, Md. State Penitentiary
  683 F.2d 83· 4th Cir.· 1982-07-02 ·cited 4×
  The court held that Maryland law permits multiple prosecutions and punishments for armed robbery of multiple custodians of property, even during a single episode, and that sufficient evidence supported the convictions.
• Ramirez v. Jones
  683 F.2d 712· 2d Cir.· 1982-06-30 ·cited 4×
  A petitioner's failure to object at trial does not preclude federal habeas review if the state appellate court considered the merits, but the failure to object remains a factor in the federal court's analysis.
• Powers v. White
  680 F.2d 51· 8th Cir.· 1982-06-11 ·cited 4×
  The court held that the appellant failed to establish a constitutional violation of his speedy trial rights, affirming the denial of his habeas corpus petition.
• Donnie McDONALD v. Lucas
  677 F.2d 518· 5th Cir.· 1982-06-04 ·cited 4×·via Habeas Corpus Relief
  The court held that the petitioner's course of conduct, including limited answers to questions after refusing to sign a Miranda waiver, did not constitute an implied waiver of his Miranda rights.
• United States v. Wyrick
  675 F.2d 161· 8th Cir.· 1982-04-02 ·cited 4×·via Petition For Habeas Corpus Relief
  The court held that the appellant failed to establish a prima facie violation of the Constitution's fair cross-section requirement due to the exclusion of women from jury venires.
• Rousan v. United States
  668 F.2d 1006· 8th Cir.· 1982-01-27 ·cited 4×
  The court held that the sua sponte action of the sentencing court in deleting the special parole term was sufficient under Bifulco, and the petition for habeas corpus was properly denied.
• Carver v. Mr. Joe R. Martin & the Attorney Gen. of The State of S.C.
  664 F.2d 932· 4th Cir.· 1981-11-24 ·cited 4×
  The court held that the defendant was tried and convicted under the correct statute, despite the indictment referencing a repealed statute, because the jury instructions and verdict clearly indicated the new statute was applied.
• Yancey v. Housewright
  664 F.2d 187· 8th Cir.· 1981-11-19 ·cited 4×·via Habeas Corpus Relief
  The court held that the petitioner's claims of ineffective assistance of counsel, prosecutorial misconduct, and insufficient evidence did not warrant habeas corpus relief.
• Wilson v. Meyer
  665 F.2d 118· 7th Cir.· 1981-11-16 ·cited 4×
  The retrial of a defendant for felony murder after the felony murder count was nolle prossed violates the Double Jeopardy Clause.
• Crisp v. Mayabb
  668 F.2d 1127· 10th Cir.· 1981-09-29 ·cited 4×
  The court held that the state's petition for rehearing should be denied because the petitioner made a bona fide effort to exhaust state remedies, and the state's subsequent arguments lacked merit.
• United States v. Moore
  656 F.2d 378· 8th Cir.· 1981-08-25 ·cited 4×
  The appellate court affirmed the denial of the habeas corpus petition and recusal motion, finding no merit in the appellant's arguments.
• Kelsie v. Trigg
  657 F.2d 155· 7th Cir.· 1981-08-20 ·cited 4×
  The court held that the prisoner was not deprived of liberty without due process because the sentence imposed was the minimum the jury could have imposed for the offense of conviction.
• Bentford Earl Starling, Jr. v. Estelle
  651 F.2d 1082· 5th Cir.· 1981-07-27 ·cited 4×
  The court held that a guilty plea is not rendered involuntary solely because it was entered to limit the maximum sentence or avoid a possible death penalty, and that a competency hearing is only required if evidence raises a bona fide doubt.
• Rennie Johnson v. Fogg
  653 F.2d 750· 2d Cir.· 1981-07-14 ·cited 4×
  The dissenting judge believes the case should be remanded for an evidentiary hearing to determine if the guilty plea was based on a mistaken belief about the maximum sentence.
• Jones v. Foltz
  646 F.2d 1172· 6th Cir.· 1981-04-29 ·cited 4×
  A habeas petitioner has exhausted state remedies even if a more complete review is theoretically possible after the state's highest court has already considered the issue.
• Arnold v. Wyrick
  646 F.2d 1225· 8th Cir.· 1981-04-10 ·cited 4×·via Habeas Corpus Relief
  The court held that the district court correctly denied the petition for a writ of habeas corpus, affirming the denial of relief.
• Rooks E. Crawford v. Fenton
  646 F.2d 810· 3d Cir.· 1981-03-27 ·cited 4×
  The dissenting judge would affirm the district court's grant of habeas corpus, finding that the trial judge's declaration of a mistrial violated the petitioner's double jeopardy rights by failing to consider alternatives.
• Fletcher v. Warden, United States Penitentiary, Leavenworth, Kansas
  641 F.2d 850· 10th Cir.· 1981-02-13 ·cited 4×·via Writ Of Habeas Corpus
  The court held that one appeal was moot due to the prisoner's return to state custody, another was barred by failure to exhaust state remedies, and the third was affirmed based on prior precedent interpreting 18 U.S.C. § 5003(a).
• McPHERSON v. Barksdale
  640 F.2d 780· 6th Cir.· 1981-02-11 ·cited 4×·via Habeas Corpus Relief
  Even if a state prosecutor breaches a plea bargain, federal courts cannot grant specific performance via habeas corpus if the petitioner has abandoned state remedies for breach.
• Chavis v. Henderson
  638 F.2d 534· 2d Cir.· 1980-12-30 ·cited 4×·via Writ Of Habeas Corpus
  The court held that the victim's identification of the suspect was sufficiently reliable under the totality of the circumstances to meet due process requirements.
• McGEE v. Estelle
  632 F.2d 476· 5th Cir.· 1980-12-08 ·cited 4×·via Habeas Corpus Relief
  The court held that the appellant was not denied his right to counsel at the pre-trial lineup and that the identification testimony was reliable.
• Boyden v. Griffin Bell
  631 F.2d 120· 9th Cir.· 1980-10-23 ·cited 4×
  U.S. authorities are required by law to prorate remission credit for transferred prisoners according to the time actually served in a foreign prison.
• State of Fla. ex rel. John Meyers v. Miller
  388 So. 2d 1358· Fla. 5th DCA· 1980-10-15 ·cited 4×·via Writ Of Habeas Corpus
  The court held that appellants could not complain about the trial court considering documents they submitted, and that the Tennessee warrant sufficiently charged a crime and was based on a probable cause determination, thus denying the writ of habeas corpus.
• Kanasola v. Civiletti
  630 F.2d 472· 6th Cir.· 1980-10-03 ·cited 4×·via Writ Of Habeas Corpus
  The court held that the Treaty and its implementing legislation do not suspend the writ of habeas corpus, and appellant waived his right to collaterally attack his Canadian conviction by voluntarily consenting to transfer.
• Sigety v. Abrams
  632 F.2d 969· 2d Cir.· 1980-09-02 ·cited 4×
  The court held that Sigety's incarceration for civil contempt did not violate his Fifth Amendment rights because his testimony was not incriminating, and his due process claims were also without merit.
• Taylor v. State of Fla. & Don R. Moreland as Sheriff of Marion Cnty.
  388 So. 2d 576· Fla. 5th DCA· 1980-07-16 ·cited 4×·via Writ Of Habeas Corpus
  Taylor petitioned for a writ of habeas corpus challenging a pretrial bail denial in a capital case. The court held that while persons accused of non-capital crimes are entitled to bail as a matter of right, persons accused of capital or life imprisonment crimes may be admitted to
• Breest v. Perrin
  624 F.2d 1112· 1st Cir.· 1980-07-11 ·cited 4×
  The defendant was deprived of his Sixth Amendment right to a fair trial due to prosecutorial misconduct.
• Montgomery v. Bordenkircher
  620 F.2d 127· 6th Cir.· 1980-04-28 ·cited 4×
  The court held that the petitioner's prior convictions were valid and that the habitual criminal statute does not violate double jeopardy principles.
• Cheatham v. Novell
  382 So. 2d 361· Fla. 4th DCA· 1980-03-12 ·cited 4×
  The majority's decision allows petitioners to circumvent the requirement of filing a notice of appeal before seeking post-trial release.
• United States ex rel. Alex Metro v. United States Parole Comm'n
  613 F.2d 117· 5th Cir.· 1980-03-07 ·cited 4×
  The court held that the amended parole regulations provide the prisoner with the full-scale hearing he sought, and the statute does not require full-scale hearings every two years.
• United States ex rel. James Moore v. Lane
  612 F.2d 1046· 7th Cir.· 1980-01-08 ·cited 4×
  Federal habeas corpus relief is barred for Fourth Amendment claims when the state has provided a full and fair opportunity to litigate the issue.
• United States v. Washington
  608 F.2d 292· 8th Cir.· 1979-10-18 ·cited 4×·via Writ Of Habeas Corpus
  Subsequent changes in the Parole Commission's offense classification system do not provide a basis for collateral attack on a final judgment or sentence under 28 U.S.C. § 2255.
• Walker v. Wilmot
  603 F.2d 1038· 2d Cir.· 1979-06-29 ·cited 4×
  The district court erred by not considering the petitioner's testimony regarding his confession and must reconsider the habeas petition with this testimony.
• Griffin v. Blackburn
  594 F.2d 1044· 5th Cir.· 1979-05-09 ·cited 4×
  An uncounseled misdemeanor conviction, even if no imprisonment was imposed, is valid for impeachment purposes and does not render appointed counsel ineffective for failing to object to its use.
• Walker v. United States Parole Comm'n & Harold E. Stratton
  592 F.2d 905· 5th Cir.· 1979-04-09 ·cited 4×
  The court held that a special parole term for importing Schedule I narcotics begins after the completion of the regular sentence, not concurrently with general parole.
• Taylor v. Mabry
  593 F.2d 318· 8th Cir.· 1979-02-23 ·cited 4×
  The court held that the district court did not err in denying the habeas corpus petitioner's request to subpoena other jurors to testify, as the petitioner failed to make a sufficient showing of prejudice.
• Davis v. Carson W. Markley
  589 F.2d 784· 4th Cir.· 1979-01-04 ·cited 4×·via Writ Of Habeas Corpus
  The court held that periods during which a youth offender was on a stay of execution of sentence, while reporting employment status and remaining within the supervisory ambit of the correctional process, constitute operative time for the purpose of calculating the unconditional d
• Helm v. Jago
  588 F.2d 1180· 6th Cir.· 1979-01-03 ·cited 4×·via Writ Of Habeas Corpus
  The surrender of an Ohio prisoner to another state for prosecution does not relinquish Ohio's jurisdiction or constitute a pardon or commutation of sentence.
• Bayless v. Estelle
  583 F.2d 730· 5th Cir.· 1978-11-08 ·cited 4×
  The court held that a prisoner is not constitutionally entitled to pre-sentence confinement credit or credit for time awaiting retrial, but may be entitled to good time credit for time spent incarcerated during an appeal if the conviction was reversed and retried, subject to cond
• Otho J. Blockson, Jr. v. Jago
  587 F.2d 10· 6th Cir.· 1978-11-07 ·cited 4×·via Writ Of Habeas Corpus
  The court held that voluntary, unprompted statements made by a defendant are admissible even without Miranda warnings. The sufficiency of evidence is generally not reviewable in a federal habeas corpus action.
• Northington v. United States Parole Comm'n
  587 F.2d 2· 6th Cir.· 1978-11-01 ·cited 4×
  The court held that a delay in a parole revocation hearing, without demonstrated prejudice, does not warrant habeas corpus relief, even if it exceeds the statutory 90-day limit.
• Thomas v. Estelle
  582 F.2d 939· 5th Cir.· 1978-10-25 ·cited 4×
  The court held that the district court erred in granting habeas corpus relief without an evidentiary hearing, as factual issues regarding the applicability of a hearsay exception required further development.
• Heinz v. Harlan McNUTT
  582 F.2d 1190· 9th Cir.· 1978-09-01 ·cited 4×
  Washington's statute is unconstitutional as applied because it permits automatic revocation of parole for felons without a final Morrissey hearing, denying due process.
• Tucker v. Wolff
  581 F.2d 235· 9th Cir.· 1978-08-31 ·cited 4×
  The court held that the district court erred in denying habeas corpus relief without an evidentiary hearing on the speedy trial claim and the constitutionality of a state statute creating a presumption of intent.
• Carter v. Tullis Easterling
  362 So. 2d 356· Fla. 1st DCA· 1978-08-14 ·cited 4×·via Writ Of Habeas Corpus
  The court held that the order of incarceration for contempt was insufficient because it was unclear whether it was for civil or criminal contempt, and if civil, it lacked a purge provision.
• Grandison v. Warden, Maryland House OF Correction and Mrs. Linda A. Corrick, Records Supervisor
  580 F.2d 1231· 4th Cir.· 1978-07-25 ·cited 4×
  The court held that the use of prior convictions, void under Long v. Robinson, to impeach the appellant's testimony was harmless error. The court also noted, but did not decide, the issue of whether misrepresenting age waives juvenile status.
• Butts v. Louie L. Wainwright
  575 F.2d 576· 5th Cir.· 1978-06-23 ·cited 4×
  The court held that the petitioner did not receive ineffective assistance of counsel and that the admission of hospital records did not violate his Sixth Amendment rights.