Habeas Corpus

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

• Ismail Muslim ALI v. Gibson
  631 F.2d 1126· 3d Cir.· 1980-10-02 ·cited 12×
  The court held that the transfer of the prisoner was legally permissible under statutory and constitutional law, and that the prisoner failed to meet his burden of proof regarding prison conditions.
• Thornton Lee Handley v. Pitts
  623 F.2d 23· 6th Cir.· 1980-06-24 ·cited 12×
• Maslauskas v. U. S. Bd. OF Parole
  639 F.2d 935· 3d Cir.· 1980-06-24 ·cited 12×
  The court held that the Parole Board lacked the authority to issue a second parole violator warrant after having already ordered the prisoner's release and reinstatement to parole supervision on the same grounds.
• Hussong v. Warden, Wis. State Reformatory
  623 F.2d 1185· 7th Cir.· 1980-06-06 ·cited 12×
• Jewell Jess Stone v. Cardwell
  620 F.2d 212· 9th Cir.· 1980-05-30 ·cited 12×
  The federal district court's finding that a state prisoner's guilty plea was not knowingly and voluntarily made is not clearly erroneous and is therefore affirmed.
• Warren v. Harvey
  632 F.2d 925· 2d Cir.· 1980-05-01 ·cited 12×
  The court held that the Connecticut statute allowing commitment of insanity acquittees based on a preponderance of the evidence standard is facially constitutional, and that it was constitutionally applied to the appellant. The state met its burden of proving the appellant's dang
• C. L. B. v. Carlton L. Jones
  381 So. 2d 1178· Fla. 1st DCA· 1980-03-18 ·cited 12×
  The court held that although the issues are moot due to the petitioner's transfer, they are of sufficient importance to rule on the merits regarding detention hearing timeliness and evidentiary requirements.
• Howard v. Howard
  378 So. 2d 1329· Fla. 5th DCA· 1980-01-16 ·cited 12×
  A Florida court is not bound by a custody decree from another state if that state lacked jurisdiction to issue the decree, even if Florida has adopted the Uniform Child Custody Jurisdiction Act.
• Miller v. McCARTHY
  607 F.2d 854· 9th Cir.· 1979-10-31 ·cited 12×
  The court held that a defendant is entitled to an evidentiary hearing on claims that his nolo contendere plea was invalid due to lack of knowledge of the potential sentence and that he was denied effective assistance of counsel.
• Lucas v. Louie L. Wainwright
  604 F.2d 373· 5th Cir.· 1979-10-11 ·cited 12×
  The court held that the petitioner received reasonably effective assistance of counsel, and therefore his petition for habeas corpus was correctly denied.
• Anibal Sotto v. Louie L. Wainwright
  601 F.2d 184· 5th Cir.· 1979-08-22 ·cited 12×
  The court held that Florida's Rule of Criminal Procedure 3.800(b), as applied, did not violate the Constitution, and the district court erred in granting habeas corpus relief.
• Burton C. Graham v. Smith
  602 F.2d 1078· 2d Cir.· 1979-07-18 ·cited 12×
  The court held that the defendant's conviction for first-degree manslaughter was invalidated by the prior unconstitutional retrial for second-degree murder, due to a reasonable possibility of prejudice.
• Adams v. Murphy
  598 F.2d 982· 5th Cir.· 1979-07-13 ·cited 12×
  The court is certifying a question of Florida law to the Florida Supreme Court because there are no clear controlling precedents.
• Burley Clifton Harryman v. Estelle
  597 F.2d 927· 5th Cir.· 1979-06-25 ·cited 12×
  The admission into evidence of an unlawfully obtained incriminating statement, elicited during custodial interrogation without Miranda warnings, was not harmless constitutional error because it may have contributed to the conviction.
• Cousin v. Blackburn
  597 F.2d 511· 5th Cir.· 1979-06-21 ·cited 12×
  The court held that the appellant's claims of ineffective assistance of counsel due to plea discussions with the judge without consent and vindictive sentencing were without merit.
• United States ex rel. Leroy Charles Lockett v. Ill. Parole & Pardon Bd.
  600 F.2d 116· 7th Cir.· 1979-06-20 ·cited 12×
  The court held that the exhaustion requirement for federal habeas corpus petitions is not waivable by the state and must be raised by the court if not properly presented.
• Spenkelink v. Louie L. Wainwright
  372 So. 2d 927· Fla.· 1979-05-25 ·cited 12×
  The Court denied the petition for writ of habeas corpus, application for stay of execution, motion to intervene, and request for review of sentence.
• United States ex rel. Leroy Hairston v. Warden, Ill. State Penitentiary, Stateville Corr. Ctr.
  597 F.2d 604· 7th Cir.· 1979-04-30 ·cited 12×
  The court held that the state trial court's pre-trial statement that alibi evidence would be excluded if the notice statute was not complied with, effectively denied the defendant his right to present an alibi defense, thus violating due process under Wardius v. Oregon.
• Jordan v. Estelle
  594 F.2d 144· 5th Cir.· 1979-04-30 ·cited 12×
  The court held that a habeas petitioner is entitled to an evidentiary hearing on claims of ineffective assistance of counsel when the record does not support the state's factual assertions.
• Passmore v. Estelle
  594 F.2d 115· 5th Cir.· 1979-04-27 ·cited 12×
  The court held that the state trial court's ruling barring impeachment by prior incarceration did not violate the Sixth Amendment, but the submission of a one-sentence appellate brief constituted ineffective assistance of counsel under the Fourteenth Amendment.
• Darrow v. Warden Gunn
  594 F.2d 767· 9th Cir.· 1979-04-05 ·cited 12×
  The court held that a retrospective competency hearing was permissible and that the evidence supported the finding that the defendant was competent to plead guilty.
• Roberts v. Brierton
  368 So. 2d 117· Fla. 1st DCA· 1979-03-08 ·cited 12×
  Roberts appealed a summary denial of his habeas corpus petition challenging his disciplinary hearing in prison. The court reversed, holding that Roberts was entitled to an order to show cause because he was denied the opportunity to present witnesses in his defense without any sh
• Beck v. Wilkes
  589 F.2d 901· 5th Cir.· 1979-02-16 ·cited 12×
  The court held that the delay in the parole revocation hearing did not violate due process and that the prisoner's transfer between federal facilities was lawful.
• Hampton v. Wyrick
  588 F.2d 632· 8th Cir.· 1978-12-12 ·cited 12×
  The court held that the federal district court did not err in denying the petition for a writ of habeas corpus without an evidentiary hearing.
• Crawford v. Delbert C. Jackson
  589 F.2d 693· D.C. Cir.· 1978-11-22 ·cited 12×
  The court held that the expiration of a writ of habeas corpus ad prosequendum does not automatically commence a federal sentence if the prisoner is not properly received for service of that sentence, and the sending state's jurisdiction remains uninterrupted.
• Bashlor v. Louie L. Wainwright
  369 So. 2d 695· Fla. 1st DCA· 1978-08-10 ·cited 12×
  Charles Bashlor, convicted of murder in 1951 at age 16 and sentenced to life imprisonment, sought habeas corpus relief and a belated appeal based on the trial judge's alleged refusal to appoint appellate counsel as required by Douglas v. California. The court held that res judica
• Taylor v. Cardwell
  579 F.2d 1380· 9th Cir.· 1978-07-03 ·cited 12×
  The court held that the district court erred by not holding an evidentiary hearing on the voluntariness of the defendant's statements, as the state courts' analysis focused on Miranda compliance rather than traditional voluntariness standards.
• Shelton v. Ciccone
  578 F.2d 1241· 8th Cir.· 1978-06-06 ·cited 12×
  The court held that the allegations surrounding the government's seven-year delay in executing federal sentences, if proven true, could establish a due process violation and warrant an evidentiary hearing.
• Mariano Salomon v. LaVALLEE
  575 F.2d 1051· 2d Cir.· 1978-05-23 ·cited 12×
  The court held that a remand to determine the precise degree of prejudice from joint representation is unnecessary when the record already demonstrates prejudice.
• Harllel B. Jones v. Jago
  575 F.2d 1164· 6th Cir.· 1978-05-03 ·cited 12×
  The court held that the prosecution's failure to disclose an eyewitness statement, which did not directly mention the defendant but could be inferred to be exculpatory given the circumstances and the defense's specific request, violated the defendant's due process rights under Br
• Towe T. Aston v. Warden, Powhatan Corr. Ctr.
  574 F.2d 1169· 4th Cir.· 1978-04-18 ·cited 12×
  The court held that the district court erred in granting a writ of habeas corpus without an evidentiary hearing, as disputed facts regarding potential jury prejudice required further factual development.
• Burkhart v. Stoney Lane
  574 F.2d 346· 6th Cir.· 1978-04-12 ·cited 12×
  The court held that the district court erred in summarily dismissing the habeas corpus petition without examining the trial record.
• Aurora Gazmin Navarro v. Dist. Dir. OF the United States Immigr. & Naturalization Serv.
  574 F.2d 379· 7th Cir.· 1978-04-12 ·cited 12×
  The court held that the plaintiff's failure to qualify as a registered nurse within two years constituted good and sufficient cause for the Attorney General to revoke her third preference status petition, and that the INS was not estopped from doing so.
• Hayward v. Britt
  572 F.2d 1324· 9th Cir.· 1978-03-30 ·cited 12×
  A motion for reconsideration, even if treated as a Rule 60(b) motion, does not toll the time for filing an appeal or affect the finality of the original judgment.
• Superintendent E. C. Watkins v. Foster
  570 F.2d 501· 4th Cir.· 1978-01-26 ·cited 12×
  The dissenting judge would reverse the majority's decision, arguing that the prosecutor's questioning was not unconstitutionally prejudicial and that the majority applied an incorrect standard.
• Martin v. Wyrick
  568 F.2d 583· 8th Cir.· 1978-01-03 ·cited 12×
  The Court held that the Faretta right to self-representation should not be applied retroactively to cases pending on direct appeal when Faretta was decided, as its purpose is not to enhance the reliability of the truth-determining process.
• United States v. Kent
  563 F.2d 239· 5th Cir.· 1977-11-17 ·cited 12×
  The district court lacked jurisdiction under 28 U.S.C. § 2255 to entertain a motion to vacate a sentence when the parole guidelines were published and applicable before sentencing, even if the sentencing judge was unaware of their specific impact.
• Vahey Vanetzian v. Hall
  562 F.2d 88· 1st Cir.· 1977-09-09 ·cited 12×
  The court held that the concurrent sentence rule applies, rendering the substantive double jeopardy and punishment issues moot because the petitioner is serving a life sentence for murder concurrently with other sentences and has not demonstrated specific harm from the challenged
• Wagster v. Overberg
  560 F.2d 735· 6th Cir.· 1977-08-12 ·cited 12×
  The court held that the prosecutor's failure to disclose a witness's pretrial statement did not violate due process because the defense made only a general request and the statement did not create a reasonable doubt as to guilt.
• Macio Ennis v. LeFEVRE
  560 F.2d 1072· 2d Cir.· 1977-08-09 ·cited 12×
  The court affirmed the denial of the petition because the appellant had not exhausted his state remedies regarding the ineffective assistance of counsel claim.
• Woodard v. Wainwright
  556 F.2d 781· 5th Cir.· 1977-07-29 ·cited 12×
  Florida Statute Section 39.02(5)(c), which automatically divests juvenile courts of jurisdiction upon a grand jury indictment for offenses punishable by death or life imprisonment, is constitutional and does not violate due process by failing to require a hearing.
• Graves v. Estelle
  556 F.2d 743· 5th Cir.· 1977-07-27 ·cited 12×
  The court held that while the petitioner had exhausted state remedies, his Fourth Amendment claim could not be granted on federal habeas review because the state courts provided a full and fair opportunity to litigate the claim, as required by Stone v. Powell.
• Prentice Robinson, Jr. v. Richardson
  556 F.2d 332· 5th Cir.· 1977-07-25 ·cited 12×
  The court held that a state prisoner challenging his conviction based on discriminatory jury selection must first exhaust state remedies via a habeas corpus action, as this claim goes to the validity of the conviction itself.
• Barfield v. State of Ala.
  552 F.2d 1114· 5th Cir.· 1977-05-26 ·cited 12×
  The court held that the defendant was not subjected to custodial interrogation under Miranda v. Arizona, as her statements were made voluntarily and not in a coercive environment.
• Harkins v. Wyrick
  552 F.2d 1308· 8th Cir.· 1977-04-14 ·cited 12×
  The court held that any error in denying a pretrial competency hearing was cured by a subsequent evidentiary hearing, and that the petitioner did not receive ineffective assistance of counsel.
• Shelton v. Taylor
  550 F.2d 98· 2d Cir.· 1977-02-22 ·cited 12×
  The court held that while the Southern District of New York had jurisdiction over the habeas corpus petition, the alleged prejudice from the delay in a parole revocation hearing was too minimal and speculative to warrant relief.
• Bassett v. McCARTHY
  549 F.2d 616· 9th Cir.· 1977-01-06 ·cited 12×
• Ellis Kennedy Douthit v. Estelle
  540 F.2d 800· 5th Cir.· 1976-10-15 ·cited 12×
  The court held that collateral estoppel does not bar a prosecution for assault with intent to commit rape after an acquittal for rape when the two crimes involved separate elements and distinct issues of consent due to occurring at different times and places.
• Payne v. United States
  539 F.2d 443· 5th Cir.· 1976-09-23 ·cited 12×
  The court affirmed the district court's denial of relief, finding the appellant's claims regarding parole denial and sentencing errors to be without merit.
• Pruitt v. Hutto
  542 F.2d 458· 8th Cir.· 1976-09-21 ·cited 12×
  The court held that a federal court should defer to state courts to determine if an issue can be litigated in a state post-conviction proceeding, especially when the state rule's application is unclear.