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
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Genevieve Yapp, arrested in The Bahamas for drug trafficking in 1986, failed to appear for trial and was sought for extradition by the United States in 1988. Yapp argued that Article 5 of the 1931 Extradition Treaty between the United States and The Bahamas barred her extradition
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The court held that a suspect's question to an officer about whether he should get a lawyer constitutes an equivocal request for counsel, requiring further questioning to cease until the request is clarified.
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The dissenting judge would hold that the prosecutor's remarks constituted Caldwell error, violating the Eighth Amendment, and thus the death sentence must be vacated.
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874 F.2d 1280·
9th Cir.·
1989-05-05
·cited 22×
The court held that the defendant's sentence must be reversed due to procedural issues in place at the time of trial regarding capital punishment hearings.
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The court held that when a prosecutor volunteers reasons for exercising peremptory challenges, those reasons are subject to review for pretext, and if found to be discriminatory, violate the defendant's constitutional rights.
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790 F.2d 1164·
5th Cir.·
1986-05-30
·cited 22×
The court held that Brogdon's claims for relief were without merit, denying his request for a certificate of probable cause and vacating the stay of execution.
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Fingerprint evidence alone, under proper circumstances, can be sufficient to sustain a burglary conviction against a constitutional challenge for sufficiency of evidence. A prosecutor's comment on the lack of defense evidence, rather than the defendant's failure to testify, is no
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702 F.2d 842·
9th Cir.·
1983-04-01
·cited 22×
The court held that the appellant's claims regarding credit for state custody time and timely parole revocation hearings were premature or lacked demonstrated prejudice, and that the Interstate Agreement on Detainers Act did not apply to parole violator warrants.
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696 F.2d 83·
10th Cir.·
1982-08-27
·cited 22×
A state's waiver of the exhaustion requirement in federal habeas corpus proceedings is not dispositive; federal courts must still ensure exhaustion to uphold comity and the state's role in enforcing federal law.
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The court held that the district court erred in dismissing the habeas corpus petition without reviewing the full state court record, as required by 28 U.S.C. § 2254(d)(8).
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659 F.2d 254·
1st Cir.·
1981-09-22
·cited 22×
The court held that the petitioner's due process rights were not violated by the Commonwealth's alleged non-disclosure of the full scope of its agreement with a key witness, nor by the failure to correct allegedly false testimony.
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The majority opinion holds that the Wainwright v. Sykes rule is not implicated by the defendant's jury instruction claim, and that even if it were, the defendant satisfied the cause and prejudice requirements. The dissent disagrees with both holdings.
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641 F.2d 1122·
5th Cir.·
1981-04-06
·cited 22×
The court held that the suppression of FBI reports did not violate Brady v. Maryland because the evidence was not material, and the participation of judges who did not hear oral argument did not violate the right to effective assistance of counsel.
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634 F.2d 474·
9th Cir.·
1980-12-24
·cited 22×
The court held that the district court lacked subject matter jurisdiction because constitutional guarantees are not generally applicable to the exercise of governmental powers by an Indian tribe.
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The court held that the appellant competently and understandingly waived his right to counsel, and the district court's finding of waiver was adequately supported by the record.
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This case reviews a habeas corpus proceeding where the plaintiff in error was denied bail on a first-degree murder charge. The appellate court determined that the evidence did not clearly establish premeditated design, thus entitling the plaintiff in error to bail.
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The Florida Supreme Court affirmed a trial court's denial of a death row inmate's motion to vacate his sentence. The inmate argued that his codefendant's subsequent life sentence for a related murder constituted newly discovered evidence. The court found this claim lacked merit b
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The court affirmed the denial of federal habeas corpus relief, finding no violation of the defendant's constitutional rights.
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The court held that the prior panel's opinion did not implicitly require resentencing by a jury, and the petitioner's claim regarding jury instructions on mitigating circumstances is barred by procedural default.
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639 F.2d 1301·
5th Cir.·
1981-03-19
·cited 21×
The admission of Germany's incriminating statement was harmless error, and the state court's factual findings regarding the compulsory process claim are presumed correct under 28 U.S.C. § 2254(d).
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The court held that the district court erred in dismissing the habeas corpus petition without a full hearing, as serious constitutional questions regarding the adequacy of counsel and the application of parole revocation statutes were raised.
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The Eleventh Circuit reversed the district court's denial of habeas corpus relief, finding that the state court's rejection of the petitioner's ineffective assistance of counsel claim was an unreasonable application of federal law and an unreasonable determination of the facts. T
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The court held that the state courts' refusal to interview a juror, based on a weak showing of potential bias, did not violate due process, and thus federal habeas relief was inappropriate.
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The court held that the admission of evidence of other home invasions for modus operandi, the sufficiency of the evidence, and prosecutorial misconduct did not rise to the level of constitutional error denying a fair trial.
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The court held that a state trial court's denial of a continuance, which resulted in the defendant proceeding to trial without counsel, did not violate the Sixth Amendment because the defendant failed to demonstrate a lack of fair opportunity to secure counsel and the denial was
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The court held that the state courts' rejection of the defendant's claims regarding false testimony and Brady violations was entitled to deference, and that the defendant's other claims lacked merit or were procedurally barred.
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757 F.2d 933·
8th Cir.·
1985-03-08
·cited 20×
The court held that the appellant was not denied a full, fair, and adequate hearing on his competency to stand trial and did not receive ineffective assistance of counsel.
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750 F.2d 302·
5th Cir.·
1984-12-04
·cited 20×
A federal habeas petitioner's failure to raise an unexhausted claim in a prior petition constitutes an abuse of the writ, even if the claim was unexhausted at the time of the prior petition.
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A guilty plea, if voluntarily and knowingly entered, should not be set aside.
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The court held that while the denial of in forma pauperis status and dismissal of a claim based on state procedural rules were proper, other claims regarding an involuntary guilty plea stated a valid basis for federal habeas corpus relief.
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673 F.2d 176·
7th Cir.·
1982-01-26
·cited 20×
The court held that newly discovered evidence did not demonstrate fundamental error sufficient to vacate the conviction, and prior rulings on the interpretation of the Gun Control Act and Fourth Amendment issues were controlling.
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The court held that the petitioner's Sixth Amendment confrontation clause rights were not violated by hearsay remarks or opening statement summaries, and the pandering statute was not unconstitutionally vague. Furthermore, the petitioner did not receive ineffective assistance of
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The court held that the state record was insufficient to determine if the guilty plea was voluntary, requiring a remand for a hearing on that issue.
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A guilty plea, entered with advice of counsel, breaks the chain of prior constitutional violations, and federal habeas relief is limited to the voluntariness and knowing character of the plea itself.
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The court affirmed the district court's grant of habeas corpus, finding that the petitioner's guilty plea was involuntary due to his heroin influence at the time.
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447 F.2d 747·
5th Cir.·
1971-08-23
·cited 20×
The court held that a federal prisoner is not entitled to credit for time spent in state custody if the federal detainer did not cause the denial of state bail, but rather the prisoner's inability to make bail.
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405 F.2d 831·
9th Cir.·
1969-01-17
·cited 20×
The court held that the defendant was not entitled to credit for pre-sentence jail time because the sentencing judge had already accounted for it when imposing a sentence less than the statutory maximum.
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The court held that the contention of ineffective assistance of counsel was not reviewable on habeas corpus as it was not raised within the military system, and the court-martial's voting procedures were proper.
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Robert Dewey Glock II was convicted of first-degree murder, kidnapping, and robbery in 1983 and sentenced to death. On federal habeas review, the Eleventh Circuit affirmed his murder conviction despite finding a Bruton violation in the admission of his nontestifying codefendant's
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The court held that the district court's denial of the habeas corpus petition was correct, affirming the judgment.
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842 F.2d 903·
6th Cir.·
1988-03-25
·cited 19×
The court held that the statute of limitations for a section 1983 claim accrues when the plaintiff knows or has reason to know of the injury, and that continuing incarceration is an effect, not a continuing tort.
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The court held that the trial court erred in placing the burden of proving incompetency on the habeas petitioner when the issue of competency was raised but not litigated prior to conviction.
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This case concerns whether an amendment to a state statute, Chapter 5692, Acts of 1907, violated a constitutional provision requiring laws to embrace but one subject, briefly expressed in the title. The court found the amendment constitutional and affirmed the lower court's decis
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The court held that a Sixth Amendment ineffective assistance of counsel claim cannot be resolved on direct appeal without a district court record, and that the use of defendant's admissions in sentencing requires factual findings regarding what the government knew prior to the pl
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564 So. 2d 1057·
Fla.·
1990-05-17
·cited 18×
Bernard Bolender, a death row inmate with a second execution warrant signed, petitioned for habeas corpus relief and appealed the denial of his Rule 3.850 postconviction motion. The Florida Supreme Court denied relief, finding his claims either procedurally barred as relitigation
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The court held that a remand is necessary for a hearing on newly discovered genetic evidence, as it may bear on the constitutionality of the detention and potentially lead to acquittal.
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858 F.2d 1201·
6th Cir.·
1988-10-07
·cited 18×
The court held that a presumption of vindictiveness should not attach to the state's twenty-year plea bargain offer, as there was no realistic likelihood of vindictiveness.
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The court held that in a death penalty case, evidence presented at an evidentiary hearing for one ineffective assistance claim should also be considered for a related claim, even if initially deemed insufficient, to avoid potential grave injustice.