Habeas Corpus Relief

565 Florida cases classified under this topic, plus 717 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Eli J. Guillory v. Maggio
  690 F.2d 464· 5th Cir.· 1982-11-01 ·via Habeas Corpus Review
  The exclusion of a prior exculpatory statement did not render the trial fundamentally unfair, thus not a basis for federal habeas corpus relief.
• Short v. Garrison
  678 F.2d 364· 4th Cir.· 1982-06-01
  The court held that the failure to make a "no-benefit" finding under the North Carolina Youthful Offender statute, when the petitioner was over twenty-one at the time of seeking relief, did not constitute a constitutional violation cognizable in federal habeas corpus.
• Weir v. Fletcher
  680 F.2d 437· 6th Cir.· 1982-05-25
  The court held that petitioner failed to allege facts sufficient to warrant an evidentiary hearing regarding post-Miranda silence.
• Davis v. Parratt
  668 F.2d 451· 8th Cir.· 1982-01-19
  The court affirmed the denial of habeas corpus relief, holding that while the state trial court abused its discretion in denying a continuance, this denial did not materially prejudice the petitioner.
• ABY v. Parratt
  660 F.2d 385· 8th Cir.· 1981-10-09
  The court affirmed the denial of habeas corpus relief, finding sufficient evidence and corroboration for the conviction.
• Terry v. Housewright
  659 F.2d 879· 8th Cir.· 1981-09-30
  The court held that there was sufficient evidence to support the petitioner's felony conviction for theft of property.
• Puleri v. State
  396 So. 2d 1129· Fla.· 1981-04-02
• Cowick v. Louie Wainwright
  394 So. 2d 1109· Fla. 1st DCA· 1981-03-11
• Barnett v. Alford
  635 F.2d 820· 10th Cir.· 1981-01-14 ·via Federal Habeas Corpus Relief
  The court held that the distinction between retained and appointed counsel for Sixth Amendment purposes is invalid, and prior precedent based on such a distinction is overruled.
• In re Florida Rules of Judicial Administration
  391 So. 2d 214· Fla.· 1980-12-04 ·via Habeas Corpus Proceedings
  The Supreme Court approved amendments to the Rules of Judicial Administration regarding filing fees for habeas corpus proceedings and the terms for chief judges.
• Hayes v. Bordenkircher
  621 F.2d 846· 6th Cir.· 1980-05-29
  The court held that the application of Kentucky's repealed recidivist statute to impose a mandatory life sentence for a third felony conviction did not constitute cruel and unusual punishment under the Eighth Amendment, following Supreme Court precedent.
• Markham v. Pitchess
  605 F.2d 436· 9th Cir.· 1979-08-07
  The court held that the amended extradition treaty applies to offenses committed before its effective date if the extradition proceedings commenced after the amendment's effective date.
• THE Florida BAR v. Tifford
  373 So. 2d 919· Fla.· 1979-07-27 ·via Federal Habeas Corpus Relief
  The Florida Bar sought to maintain the suspension of attorney Arthur W. Tifford based on a felony conviction. However, after federal courts granted Tifford habeas corpus relief and vacated his conviction as fundamentally unfair, the Florida Supreme Court terminated his suspension
• Cornell Jones v. Perini
  599 F.2d 129· 6th Cir.· 1979-05-23 ·via Habeas Corpus Review
  The court held that the evidence presented at trial was sufficient to support the jury's verdict of guilt beyond a reasonable doubt.
• Bradley v. Cowan
  561 F.2d 1213· 6th Cir.· 1977-08-24
  The court held that the warrantless search of the hotel room violated the Fourth Amendment, but the admission of the seized evidence was harmless error beyond a reasonable doubt due to other strong evidence of guilt.
• Mauney v. Garrison
  558 F.2d 214· 4th Cir.· 1977-06-30 ·via Petition For Habeas Corpus Relief
  A probation violation warrant issued within the probationary period may be executed after the period expires if the delay is due to serving an intervening sentence.
• McDONALD v. Hon. David Headrick
  554 F.2d 253· 5th Cir.· 1977-06-20
  The court held that the conviction was not totally devoid of evidentiary support, as Alabama law interprets the bribery statute to include unilateral offers to accept bribes.
• Roznovsky v. Estelle
  546 F.2d 1185· 5th Cir.· 1977-02-10
  The court held that the trial court did not err in allowing witnesses to assert their Fifth Amendment privilege against self-incrimination, nor did prosecutorial misconduct rise to a constitutional violation.
• Arndell v. Warden, Nev. State Prison
  549 F.2d 1284· 9th Cir.· 1977-01-31 ·via Habeas Corpus Review
  The court held that the district court correctly denied the petition for a writ of habeas corpus because the appellant failed to establish any exceptions to the presumption of correctness for state court findings under 28 U.S.C. § 2254(d).
• United States ex rel. James Ellis Foye v. State OF NEW Jersey & Ronald Groomes
  547 F.2d 217· 3d Cir.· 1977-01-05
  The court held that the district court did not err in placing the burden of proof on the habeas petitioner and that the petitioner's confession was voluntary and not tainted by any alleged Miranda violations.
• Bodeker v. Dyson
  544 F.2d 861· 5th Cir.· 1977-01-03
  The court held that a claim for damages under 42 U.S.C. § 1983 for an allegedly illegal search, even if parole revocation was lawful, states a valid cause of action.
• Bud Dallas Horton, Jr. v. State OF Ala.
  540 F.2d 208· 5th Cir.· 1976-10-07
  The court held that federal habeas corpus relief requires exhaustion of state remedies, and claims not presented to state courts must be dismissed without prejudice.
• Lewis v. Lockhart
  538 F.2d 798· 8th Cir.· 1976-07-14
  The court affirmed the denial of the petition for habeas relief, finding no error in the state court proceedings.
• Kennedy v. Sandstrom
  43 Fla. Supp. 68· Dade Cty. Cir. Ct.· 1975-10-03
  In a habeas corpus proceeding, the court found that Kennedy's two reckless driving convictions arising from a single episode violated double jeopardy protections, and that assessing court costs against an indigent defendant violated Florida law. The court vacated one reckless dri
• Faught v. Cowan
  507 F.2d 273· 6th Cir.· 1974-11-25 ·via Habeas Corpus Proceedings
  The court held that the district court's finding that the petitioner was advised of his right to appeal was not clearly erroneous, and thus affirmed the dismissal of the habeas corpus petition.
• Whited v. Wolff
  506 F.2d 1239· 8th Cir.· 1974-11-22
  The court held that the appellant's claims of due process deprivation were without merit, affirming the dismissal of his habeas corpus petition.
• Clark v. Hopper
  491 F.2d 1389· 5th Cir.· 1974-04-04 ·via Federal Habeas Corpus Relief
  The court held that the district court did not err in denying federal habeas relief, finding the state proceedings were adequate and the guilty pleas valid.
• Blackstock v. Sandstrom
  40 Fla. Supp. 131· Dade Cty. Cir. Ct.· 1974-02-06
  In this habeas corpus case, a Dade County Circuit Court granted relief to an indigent petitioner who was incarcerated without counsel, proper hearing, or inquiry into his ability to pay fines and court costs imposed for traffic violations. The court found the commitment orders vi
• Collier v. Wingo
  477 F.2d 972· 6th Cir.· 1973-05-15
  The court held that a federal court must provide an evidentiary hearing if the state court did not reliably find relevant facts.
• Lieutenant (JG) Daniel S. Isbit v. Secretary OF Defense
  476 F.2d 661· 5th Cir.· 1973-04-18 ·via Habeas Corpus Review
  The court held that the district court erred by considering evidence outside the administrative record when reviewing the denial of a conscientious objector discharge.
• Washburn v. Estelle
  476 F.2d 278· 5th Cir.· 1973-04-12 ·via Habeas Corpus Proceedings
  The court held that the appellant's claims of jury exposure to inadmissible evidence and illegal search were not federally reversible errors, lacking record support.
• Sumlin v. Nelson
  471 F.2d 295· 9th Cir.· 1972-11-28
  The court held that the appellant's guilty plea was valid, as incorrect legal advice was not a determinative factor in the plea bargain.
• Sanders v. Weldon COX
  472 F.2d 1227· 6th Cir.· 1972-11-15
  The court held that the petitioner's claims were properly dismissed for failure to exhaust state remedies, except for the involuntary statement issue, which was also denied.
• Robb v. The United States
  456 F.2d 768· Ct. Cl.· 1972-03-17 ·via Habeas Corpus Review
• Thompson v. Louie L. Wainwright
  453 F.2d 751· 5th Cir.· 1972-01-11 ·via Habeas Corpus Proceedings
• Tucker v. Beto
  451 F.2d 567· 5th Cir.· 1971-12-02
  The court held that a state prisoner's petition for habeas corpus relief based on ineffective counsel and a coerced guilty plea must be denied when the prisoner fails to refute conflicting evidence regarding his alleged alibi.
• Grosso v. Resor
  439 F.2d 233· 2d Cir.· 1971-03-15
  The court held that the petitioner was not unlawfully inducted and that his father's letter did not constitute a sufficient request for discharge under Army regulations.
• Fermin Calvo-Ahumada and Jane Catherine Calvo v. Rinaldi
  435 F.2d 544· 3d Cir.· 1970-12-16 ·via Habeas Corpus Review
  The court held that the deportation order was legally correct and affirmed the dismissal of the appeal and petition for review.
• Bradley v. Louie L. Wainwright
  241 So. 2d 423· Fla. 1st DCA· 1970-12-03 ·via Habeas Corpus Review
  Henry Cleveland Bradley, Jr. petitioned for habeas corpus review of his first-degree murder conviction, claiming he was not informed of his right to appeal. The Florida District Court of Appeal affirmed his conviction after appointing a commissioner to take testimony on whether B
• Buchannon v. Louie L. Wainwright
  239 So. 2d 608· Fla. 4th DCA· 1970-09-23 ·via Habeas Corpus Proceedings
• Bain v. United States
  428 F.2d 508· 6th Cir.· 1970-06-05 ·via Habeas Corpus Proceedings
  The appellate court affirmed the district court's denial of the motion to vacate the sentence, finding the guilty plea was entered voluntarily and intelligently, and that the defendant received effective assistance of counsel.
• Tillery v. State
  235 So. 2d 29· Fla. 2d DCA· 1970-05-08 ·via Habeas Corpus Review
  The court denied the State's motion to dismiss an appeal for alleged deficiencies in the notice of appeal, holding that procedural defects in the notice are not jurisdictional grounds for dismissal absent clear prejudice to the opposing party.
• Redmon v. Peyton
  420 F.2d 822· 4th Cir.· 1969-12-05 ·via Petition For Habeas Corpus Relief
  The court held that a court of record can cure jurisdictional defects in juvenile certification by conducting its own investigation and making an independent determination to try a juvenile as an adult. The district court erred in finding the 1957 burglary conviction void.
• Louie L. Wainwright v. Parker
  226 So. 2d 876· Fla. 2d DCA· 1969-10-03 ·via Habeas Corpus Proceedings
  The Florida District Court of Appeal reversed a trial court's order requiring the State of Florida to post a $10,000 supersedeas bond in a habeas corpus appeal. The court held that circuit courts lack authority under Florida Appellate Rule 5.12 to require supersedeas bonds from t
• United States ex rel. Flossie Bullock v. Warden, Westfield State Farm FOR Women
  408 F.2d 1326· 2d Cir.· 1969-04-04 ·via Habeas Corpus Review
  The court held that a guilty plea induced by a defense attorney's erroneous sentence estimate, rather than a promise or coercion by the court, is not involuntary under the Due Process Clause.
• Anders v. Eyman
  388 F.2d 550· 9th Cir.· 1968-01-05
  The court held that federal habeas corpus relief is not available when state prisoners have not first attempted to seek post-conviction relief in state courts.
• Jarvis v. United States
  381 F.2d 712· 9th Cir.· 1967-08-08
  The court held that the defendant voluntarily waived his right to appeal, and therefore, claims of trial error are not grounds for relief under 28 U.S.C. § 2255.
• Weber v. Rivers
  376 F.2d 604· 4th Cir.· 1967-04-07 ·via Habeas Corpus Proceedings
  The court held that the District Court for the Eastern District of Virginia lacked personal jurisdiction over the District of Columbia Parole Board and should have transferred the cases to the District of Columbia Circuit.
• Bevins v. Klinger
  365 F.2d 752· 9th Cir.· 1966-07-22 ·via Habeas Corpus Proceedings
  A defendant waives the right to challenge the nature of prior convictions for habitual criminal status by admitting them, unless the objection is raised at trial.
• In re Internal Gov't of the Dist. Court of Appeal
  181 So. 2d 363· Fla. 4th DCA· 1966-01-11 ·via Habeas Corpus Proceedings
  The Fourth District Court of Appeal of Florida adopted a rule allowing the Clerk to file and docket notices of appeal from orders on motions for relief under Criminal Procedure Rule No. 1 without requiring any fees or costs, similar to habeas corpus proceedings. This rule applies