Habeas Corpus

18,782 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Cordova v. Lynaugh
  838 F.2d 764· 5th Cir.· 1988-02-17 ·cited 12×
  The court held that the trial court violated the defendant's due process rights by failing to instruct the jury on the lesser included offense of murder in a capital case when the evidence could have supported such a verdict.
• In re Tyler
  839 F.2d 1290· 8th Cir.· 1988-01-28 ·cited 12×
  The court held that the district court did not err in limiting an inmate's filings and imposing conditions due to his abusive litigation practices.
• Misasi v. United States Parole Comm'n
  835 F.2d 754· 10th Cir.· 1987-12-21 ·cited 12×
  The court held that the Parole Commission's reasons for setting the parole eligibility date beyond the guidelines lacked a rational basis in the record, as one reason was factually incorrect and the other was non-specific.
• Reza Emami v. United States Dist. Court FOR the N. Dist. OF Cal.
  834 F.2d 1444· 9th Cir.· 1987-12-18 ·cited 12×
  The court affirmed the denial of the petition for writ of habeas corpus, holding that the district court had jurisdiction to order extradition and that the evidence presented was competent.
• O'Halloran v. Ryan
  835 F.2d 506· 3d Cir.· 1987-12-18 ·cited 12×
  A state prisoner seeking federal habeas corpus relief must exhaust available state remedies, including developing necessary factual support through state post-conviction procedures, before the federal court will consider the merits of the claim.
• Fike v. James
  833 F.2d 1503· 11th Cir.· 1987-12-15 ·cited 12×
  The court held that the state court's finding that the petitioner initiated further communication after invoking his right to counsel is entitled to a presumption of correctness, and thus the subsequent waiver and statement were valid.
• Procter v. Butler
  831 F.2d 1251· 5th Cir.· 1987-11-16 ·cited 12×
  The court held that the petitioner waived his Sandstrom claim due to failure to object at trial, Batson is not retroactive on collateral review, ineffective assistance of counsel was not demonstrated, joinder of charges was not prejudicial, and evidence was sufficient for convict
• Profitt v. Waldron
  831 F.2d 1245· 5th Cir.· 1987-10-27 ·cited 12×
  The court held that the petitioner's counsel provided ineffective assistance by failing to adequately investigate his prior mental history, which prejudiced his defense. The court also affirmed the denial of habeas relief on the Brady and competency issues.
• Walker v. Luther
  830 F.2d 1208· 2d Cir.· 1987-10-06 ·cited 12×
  The United States Parole Commission must apply District of Columbia parole standards and guidelines to offenders convicted under D.C. law who are serving sentences in federal correctional institutions.
• LaMERE v. Risley
  827 F.2d 622· 9th Cir.· 1987-09-10 ·cited 12×
  The prosecution's failure to disclose potential rebuttal witnesses, without sufficient good cause, violated the defendant's due process rights under Montana's notice-of-alibi statute.
• Williams v. Weldon
  826 F.2d 1018· 11th Cir.· 1987-09-08 ·cited 12×
  The court affirmed the denial of the habeas corpus petition, finding no constitutional error in the identification procedures, ineffective assistance of counsel, or prosecutorial misconduct.
• Ewing v. Rodgers
  826 F.2d 967· 10th Cir.· 1987-08-19 ·cited 12×
  The court held that habeas corpus actions arising from criminal confinement are not 'civil actions' within the meaning of the Equal Access to Justice Act (EAJA), and thus attorney's fees cannot be awarded under it.
• Campos v. LeFEVRE
  825 F.2d 671· 2d Cir.· 1987-08-03 ·cited 12×
  A notice of appeal filed untimely cannot be treated as a motion for an extension of time under the amended Federal Rule of Appellate Procedure 4(a)(5); a separate motion is required.
• Sassower v. The Sheriff OF Westchester Cnty.
  824 F.2d 184· 2d Cir.· 1987-07-15 ·cited 12×
  The court held that the petitioner received adequate due process and waived his right to a hearing, thus his conviction for criminal contempt was constitutional.
• Ballard v. Johnson
  821 F.2d 568· 11th Cir.· 1987-07-14 ·cited 12×
  A state court's finding that a waiver of Miranda rights preceded a confession is a historical fact entitled to a presumption of correctness in federal habeas review if supported by the record. A confession is admissible even if an attorney attempted to contact the suspect during
• Floyd v. Parole & Prob. Comm'n
  509 So. 2d 919· Fla.· 1987-06-25 ·cited 12×
  The Florida Supreme Court held that indigent defendants are not constitutionally entitled to appointed counsel in all parole revocation proceedings, declining to extend its probation revocation rule to the parole context. The court determined that the Parole and Probation Commiss
• Johnson v. Williford
  821 F.2d 1279· 7th Cir.· 1987-06-04 ·cited 12×
  The U.S. Parole Commission has statutory authority to decide parole suitability for D.C. Code offenders, but must apply D.C. parole laws and regulations, not federal ones.
• Allen v. Risley
  817 F.2d 68· 9th Cir.· 1987-05-07 ·cited 12×
  A state procedural default bars federal habeas review unless the petitioner demonstrates cause for the default and actual prejudice from the alleged error, and attorney error short of ineffective assistance does not constitute cause.
• Latella v. Norwood Jackson
  817 F.2d 12· 2d Cir.· 1987-04-27 ·cited 12×
  The court held that it lacked appellate jurisdiction because the notice of appeal was filed untimely.
• Boles v. Foltz
  816 F.2d 1132· 6th Cir.· 1987-04-24 ·cited 12×
  A request for counsel at arraignment invokes the Fifth Amendment right to counsel, and subsequent police-initiated interrogation on unrelated offenses violates the rule established in Edwards v. Arizona.
• Dooley v. George Petsock. Appeal of John Henry Dooley, Jr.
  816 F.2d 885· 3d Cir.· 1987-04-22 ·cited 12×
  The court held that the majority erred in not remanding for an evidentiary hearing to determine if counsel was ineffective for failing to seek disqualification of the prosecutor, given the prosecutor's prior representation of the defendant.
• United States v. Aiello
  814 F.2d 109· 2d Cir.· 1987-03-18 ·cited 12×
  The court held that the district court erred in summarily denying the appellants' motion for a new trial without a hearing, as their affidavits raised genuine issues of material fact regarding conflicts of interest. The court affirmed the denial of Scaduto's motion to correct his
• Young v. Simmons
  506 So. 2d 434· Fla. 2d DCA· 1987-02-18 ·cited 12×
  The court held that while the trial court had jurisdiction, the dismissal was proper because the factual allegations did not establish grounds for a writ of habeas corpus.
• Ortega v. O.L. McCOTTER
  808 F.2d 406· 5th Cir.· 1987-01-23 ·cited 12×
  The court held that while some prosecutorial remarks were improper, they did not render the trial so fundamentally unfair as to deny due process, and thus habeas corpus relief was not warranted.
• Doherty v. Meese
  808 F.2d 938· 2d Cir.· 1986-12-23 ·cited 12×
  The court held that the Attorney General's rejection of the alien's designation of a deportation country, and the subsequent administrative process, were not subject to judicial intervention as they were within the scope of the Attorney General's discretion and did not violate du
• United States v. O'Leary
  806 F.2d 1307· 7th Cir.· 1986-11-24 ·cited 12×
  The court held that the district court correctly found an actual conflict of interest that adversely affected counsel's performance, and that the petitioner did not effectively waive this conflict due to collusion among the prosecutor, defense attorney, and police officer.
• Tuggle v. Seabold
  806 F.2d 87· 6th Cir.· 1986-11-24 ·cited 12×
  The court held that the district court correctly granted habeas corpus relief based on a due process violation, but remanded for a determination of whether the error was harmless.
• Wagner v. Williford
  804 F.2d 1012· 7th Cir.· 1986-11-04 ·cited 12×
  The court held that while the initial finding of informant reliability was questionable due to its post hoc nature, the magistrate's in camera review satisfied due process; however, the denial of counsel access to confidential information requires a limited remand to consider les
• Huey P. Newton v. Superior Court OF Cal.
  803 F.2d 1051· 9th Cir.· 1986-11-03 ·cited 12×
  The court held that the state trial court did not err in refusing to apply res judicata to a prior order striking a sentence enhancement allegation, and that knowledge of one's felon status is not required for a conviction under California Penal Code § 12021(a).
• Jarrett v. Headley
  802 F.2d 34· 2d Cir.· 1986-09-25 ·cited 12×
  The court held that the district court erred in finding the pretrial identification procedures impermissibly suggestive, and therefore reversed the grant of the writ of habeas corpus.
• Harllel B. Jones v. Shankland
  800 F.2d 77· 6th Cir.· 1986-09-02 ·cited 12×
  The court held that the appellant's civil rights claims were time-barred by the applicable one-year statute of limitations and that county prosecutors were absolutely immune from suit.
• Earnest Lee Miller v. Louie L. Wainwright
  798 F.2d 426· 11th Cir.· 1986-08-14 ·cited 12×
  The court held that the district court erred in applying the wrong legal standard to petitioners' claims of ineffective assistance of counsel, denial of access to grand jury testimony, and exclusion of mitigating sentencing evidence.
• Bermudez v. Smith
  797 F.2d 108· 2d Cir.· 1986-08-11 ·cited 12×
  The court held that an order dismissing some but not all claims in a habeas corpus petition is not a final order and thus not immediately appealable.
• Berry v. Phelps
  795 F.2d 504· 5th Cir.· 1986-07-30 ·cited 12×
  The court held that the petitioner's claim of discriminatory administration of the death penalty based on the victim's race does not warrant habeas relief, and thus affirmed the denial of relief and denied a stay of execution.
• Hoffer v. Morrow
  797 F.2d 348· 7th Cir.· 1986-07-15 ·cited 12×
  An inconsistent jury verdict, where a defendant is convicted of multiple counts that contain mutually exclusive elements, does not constitute an implied acquittal for double jeopardy purposes and does not bar retrial.
• Volson v. Blackburn
  794 F.2d 173· 5th Cir.· 1986-07-11 ·cited 12×
  The court held that the trial court did not err in refusing to appoint medical experts or grant a continuance, as the defendant failed to demonstrate his sanity was a significant factor or that he suffered prejudice.
• Anderson v. The State OF Colo. & the Judges of the First Jud. Dist.
  793 F.2d 262· 10th Cir.· 1986-06-12 ·cited 12×
  Federal district courts lack jurisdiction to review final state court judgments, even when framed as a civil rights claim.
• Moussa M. Nassar v. Sissel
  792 F.2d 119· 8th Cir.· 1986-06-03 ·cited 12×
  The court held that the appellant's due process rights were not violated by the alleged suppression or late disclosure of evidence, judicial misconduct, prosecutorial misconduct, or the admission of rebuttal evidence.
• Vogel v. Commonwealth OF Pa.
  790 F.2d 368· 3d Cir.· 1986-05-16 ·cited 12×
  The court held that the second trial's conviction, reversed due to insufficient evidence of sanity under the law at the time, barred retrial under the Double Jeopardy Clause, and that Burks v. United States applies retroactively.
• Thomas v. Louie L. Wainwright
  486 So. 2d 574· Fla.· 1986-04-07 ·cited 12×
  Daniel Morris Thomas, a death row inmate, petitioned for habeas corpus claiming unconstitutional jury selection procedures in his capital murder trial. The Florida Supreme Court denied the petition, finding that Thomas waived his right to challenge the jury selection process by f
• Rauschenberg v. Williamson
  785 F.2d 985· 11th Cir.· 1986-04-02 ·cited 12×
  The court held that special factors counsel hesitation against allowing a Bivens action for procedural rights violations by a parole officer, and that the plaintiff failed to state claims under Bivens or § 1983.
• Brand v. Grady Lewis
  784 F.2d 1515· 11th Cir.· 1986-03-24 ·cited 12×
  The court held that the district court erred in dismissing the habeas corpus petition for failure to exhaust state remedies, as the claim was properly presented to the state appellate court.
• Jones v. Smith
  786 F.2d 1011· 11th Cir.· 1986-03-20 ·cited 12×
  The Supreme Court's recent actions on stay petitions in Grigsby claims provide clear direction to grant a stay in the instant case.
• Derwin Bourgeois v. Whitley
  784 F.2d 718· 5th Cir.· 1986-03-17 ·cited 12×
  A defendant must be resentenced if the sentencing judge relied on unconstitutionally obtained prior convictions, even if the judge was aware of the underlying evidence.
• Adams v. Louie L. Wainwright
  484 So. 2d 1211· Fla.· 1986-02-26 ·cited 12×
  Aubrey Dennis Adams, a death row inmate, sought habeas corpus relief and a stay of execution scheduled for March 4, 1986, raising constitutional challenges to capital jury death qualification and claiming disproportionality of his sentence for murdering an eight-year-old girl. Th
• Gonce v. Warden Walter W. Redman
  780 F.2d 333· 3d Cir.· 1985-12-30 ·cited 12×
  The court held that a federal habeas petition containing an unexhausted claim must be remanded to the district court for the petitioner to either delete the unexhausted claim or exhaust it in state court.
• Stawicki v. Thomas Israel & the Attorney Gen. of the State of Wis.
  778 F.2d 380· 7th Cir.· 1985-12-04 ·cited 12×
  The court held that a subsequent confession made after proper Miranda warnings is not automatically suppressed as fruit of the poisonous tree, even if initial on-street questioning violated Miranda, provided the confession itself was voluntary. The court also found the waiver of
• Bowden v. Kemp
  774 F.2d 1494· 11th Cir.· 1985-10-12 ·cited 12×
  The court held that the district court's dismissal of the successive habeas petition was correct, and the petitions for a certificate of probable cause and stay of execution are denied.
• Martin v. Foltz
  773 F.2d 711· 6th Cir.· 1985-09-30 ·cited 12×
  The court affirmed the denial of the habeas corpus petition, holding that any errors in the state trial were either harmless beyond a reasonable doubt or did not rise to the level of constitutional violations.
• Amadeo v. Kemp
  773 F.2d 1141· 11th Cir.· 1985-09-27 ·cited 12×
  The court held that the case must be remanded for an evidentiary hearing to determine if the petitioner had sufficient cause to overcome a procedural default in challenging jury composition.