Habeas Corpus

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

• Stano v. Dugger
  524 So. 2d 1018· Fla.· 1988-05-16 ·cited 11×
  The court held that the petitioner's claims regarding the voluntariness of his guilty pleas, the effectiveness of counsel, the consideration of the PSI report, and the retroactive application of an aggravating factor lacked merit and had been previously adjudicated.
• Tafero v. Dugger
  520 So. 2d 287· Fla.· 1988-02-26 ·cited 11×
  Jesse Tafero, convicted of first-degree murder and sentenced to death, filed a habeas corpus petition following the governor's signing of his second death warrant. The Florida Supreme Court denied the petition, rejecting his claims that the trial judge improperly restricted consi
• Jones v. J.O. Davis
  835 F.2d 835· 11th Cir.· 1988-01-15 ·cited 11×
  The court held that the petitioner presented sufficient evidence to establish a prima facie case of systematic exclusion of black jurors under the Swain standard, warranting an evidentiary hearing.
• D'Amato v. United States Parole Comm'n
  837 F.2d 72· 2d Cir.· 1988-01-14 ·cited 11×
  The court held that parolees are not entitled to a preliminary hearing when a parole violation warrant is issued but not executed, and they are already in custody on new charges. The court also found that the Parole Commission had jurisdiction to supplement a warrant after parole
• Francis v. Dugger
  514 So. 2d 1097· Fla.· 1987-11-02 ·cited 11×
  Bobby Marion Francis, under a death sentence, petitioned for habeas corpus relief and a stay of execution, arguing that the imposition of the death penalty contrary to the jury's recommendation violated his rights. The Florida Supreme Court denied the petition, finding the issue
• Raines v. U.S. Parole Comm'n
  829 F.2d 840· 9th Cir.· 1987-10-05 ·cited 11×
  The court held that the Parole Commission erred by not providing adequate notice that street time was subject to forfeiture, entitling the appellant to credit for that time. However, the court affirmed the denial of credit for time spent in state custody and for good time credits
• Ellard v. Ala. Bd. OF Pardons & Paroles
  824 F.2d 937· 11th Cir.· 1987-08-19 ·cited 11×
  A prisoner paroled directly into the custody of another state possesses a constitutionally protected liberty interest in that parole grant, which cannot be revoked without due process.
• Johnson v. Cabana
  818 F.2d 333· 5th Cir.· 1987-05-19 ·cited 11×
  The court affirmed the denial of habeas corpus relief, finding that the petitioner failed to make a substantial threshold showing of present insanity and that his claims of ineffective counsel lacked merit under the Strickland standard.
• Howard v. Mr. Leoneal Davis
  815 F.2d 1429· 11th Cir.· 1987-05-04 ·cited 11×
  The court held that the district court did not err in refusing to consider an unexhausted claim and that Howard's other claims lacked merit.
• Thomas v. Foltz
  818 F.2d 476· 6th Cir.· 1987-05-01 ·cited 11×
  The court held that the petitioner failed to prove an actual conflict of interest adversely affected his lawyer's performance.
• Lennal Khabir Shabazz v. Midge Carroll
  814 F.2d 1321· 9th Cir.· 1987-04-10 ·cited 11×
  The court held that the appellant's original sentence was legal, his probation was properly revoked, and the detainer was lawful, but he is entitled to credit for time spent in state custody and his transfer violated appellate rules.
• Chizen v. Hunter
  809 F.2d 560· 9th Cir.· 1986-12-24 ·cited 11×
  A nolo contendere plea induced by an attorney's misrepresentation regarding the sentence is involuntary, even if the defendant signs a waiver form and the judge advises them of their rights.
• Rodriguez v. Ricketts
  798 F.2d 1250· 9th Cir.· 1986-09-02 ·cited 11×
• McQUOWN v. D.J. McCartney
  795 F.2d 807· 9th Cir.· 1986-07-28 ·cited 11×
  The court held that the prisoner had not exhausted his state remedies because the California Supreme Court denied his petition for hearing on procedural grounds, not on the merits.
• Benham v. Ledbetter
  785 F.2d 1480· 11th Cir.· 1986-03-21 ·cited 11×
  The court held that Georgia's statutory scheme for releasing persons committed after acquittal by reason of insanity is constitutional, as it satisfies due process requirements.
• DeANGELO v. Louie L. Wainwright
  781 F.2d 1516· 11th Cir.· 1986-02-10 ·cited 11×
  The court held that the voluntariness of a statement for federal habeas review is a matter for independent federal determination, not subject to the presumption of correctness under 28 U.S.C. § 2254(d), and that the Stone v. Powell doctrine does not bar Fifth and Sixth Amendment
• Cristobal Perez-Perez v. Hanberry
  781 F.2d 1477· 11th Cir.· 1986-01-27 ·cited 11×
  The Criminal Justice Act does not authorize the appointment and compensation of counsel in habeas corpus actions brought by excludable aliens challenging the Attorney General's refusal to parole them.
• Rubin Carter and John Artis v. Rafferty
  781 F.2d 993· 3d Cir.· 1986-01-17 ·cited 11×
  A federal court reviewing the release of a state habeas petitioner should only consider factors related to the petitioner's future presence in federal proceedings, not state concerns like dangerousness.
• United States v. Russell
  776 F.2d 955· 11th Cir.· 1985-11-18 ·cited 11×
  The court held that a Rule 35 motion filed after a notice of appeal was jurisdictionally barred, but affirmed the denial of the defendant's motion to withdraw his guilty plea and vacate his sentence.
• Zoltan Takacs v. Engle
  768 F.2d 122· 6th Cir.· 1985-07-23 ·cited 11×
  The Sixth Circuit held that the denial of counsel at a preliminary hearing is subject to harmless error analysis, and that a conviction based solely on uncorroborated accomplice testimony does not violate due process.
• Sarron v. Crawford
  464 So. 2d 644· Fla. 3d DCA· 1985-03-05 ·cited 11×
• Mallette v. Scully
  752 F.2d 26· 2d Cir.· 1984-12-28 ·cited 11×
  The court held that the evidence was insufficient to support a conviction for manslaughter beyond a reasonable doubt, and that the sentencing judge did not impermissibly punish the defendant for refusing to cooperate.
• Paxton v. Jarvis
  735 F.2d 1306· 11th Cir.· 1984-07-06 ·cited 11×
  The court held that the petitioner's confessions were voluntary and the district court properly denied an evidentiary hearing.
• Branch v. Hoyt C. Cupp
  736 F.2d 533· 9th Cir.· 1984-06-29 ·cited 11×
  The court held that the failure to state reasons for imposing consecutive sentences does not violate federal due process, and that other claims of constitutional error were without merit.
• Williams v. Duckworth
  738 F.2d 828· 7th Cir.· 1984-06-27 ·cited 11×
  The Indiana Supreme Court correctly found sufficient evidence to support the jury's finding that the defendant had accumulated two prior unrelated felony convictions for habitual offender sentencing.
• United States v. Wiebe
  733 F.2d 549· 8th Cir.· 1984-05-03 ·cited 11×
  The court held that the extradition documents were timely submitted under the treaty, and the magistrate had sufficient evidence to establish probable cause, thus denying the habeas corpus petition.
• LEE v. Winston
  717 F.2d 888· 4th Cir.· 1983-09-14 ·cited 11×
  The court held that the involuntary surgical removal of a bullet from a suspect's body, under the circumstances presented, would violate the Fourth Amendment's protection against unreasonable searches. It also held that such a claim is cognizable under 42 U.S.C. § 1983, not habea
• Songer v. Wainwright
  571 F. Supp. 1384· M.D. Fla.· 1983-07-14 ·cited 11×
  The court held that the petitioner was not denied effective assistance of counsel at either the guilt/innocence or penalty stages of his trial.
• Weidner v. Louie L. Wainwright
  708 F.2d 614· 11th Cir.· 1983-06-27 ·cited 11×
  The court held that the petitioner was denied his constitutional right to effective assistance of counsel due to his attorney's inadequate investigation and preparation.
• Thomas v. J.D. COX
  708 F.2d 132· 4th Cir.· 1983-06-01 ·cited 11×
  The court held that incriminating statements made by a pretrial detainee to a fellow inmate informant, who was not acting as a government agent and was not under government control, were not obtained in violation of the detainee's Sixth Amendment right to counsel.
• Alvord v. Wainwright
  564 F. Supp. 459· M.D. Fla.· 1983-05-05 ·cited 11×
  The court held that a defendant's expressed unwillingness to raise a defense does not absolve counsel of the responsibility to investigate and present that defense, especially when the defense is the only plausible one.
• Kirsch v. Greadington
  425 So. 2d 153· Fla. 1st DCA· 1983-01-04 ·cited 11×
  Habeas corpus is not the proper remedy for challenging the Florida Parole and Probation Commission's action regarding parole release dates, as there is no inherent right to parole in Florida.
• Moore v. Smith
  694 F.2d 115· 6th Cir.· 1982-12-02 ·cited 11×
  The court held that the petitioner's 11-year delay in filing a habeas corpus petition prejudiced the state's ability to respond, and the petitioner failed to rebut this prejudice or justify the delay.
• Foster v. Louie L. Wainwright
  686 F.2d 1382· 11th Cir.· 1982-10-01 ·cited 11×
  The court held that the district court properly denied the petition for a writ of habeas corpus because the defendant's removal from the courtroom was justified and his subsequent absence was voluntary.
• Arroyo v. Jones
  685 F.2d 35· 2d Cir.· 1982-07-23 ·cited 11×
  The court held that a supplemental jury instruction creating a presumption that people intend the natural consequences of their acts, when given in response to jury questions about intent, is not harmless error and violates due process.
• United States ex rel. Robert Gorham v. Franzen
  675 F.2d 932· 7th Cir.· 1982-04-19 ·cited 11×
  The court held that the petitioner established a prima facie case that the state appellate court's finding was not fairly supported by the record, warranting further review.
• Norberto Caballery v. United States Parole Comm'n
  673 F.2d 43· 2d Cir.· 1982-03-02 ·cited 11×
  The court held that applying a 1977 Parole Commission regulation to toll a 1975 Youth Corrections Act sentence for the period the offender absconded from parole did not violate the ex post facto clause. The regulation did not change the law, as the YCA's rehabilitative purpose an
• Louis v. Meissner
  532 F. Supp. 881· S.D. Fla.· 1982-02-24 ·cited 11×
  The court held that judicial review of exclusion proceedings is limited to habeas corpus after a final order of exclusion is entered, and that plaintiffs lacked standing to challenge procedures prior to such an order.
• Buford Lee Jenrette v. Louie L. Wainwright
  410 So. 2d 575· Fla. 3d DCA· 1982-02-16 ·cited 11×
  Jenrette, an incarcerated inmate, challenged his parole release date through habeas corpus, claiming the Florida Parole Commission unlawfully used a 1951 uncounseled conviction to increase his salient factor score and extend his release date. The court granted the writ, holding t
• Camera v. Fogg
  658 F.2d 80· 2d Cir.· 1981-08-26 ·cited 11×
  The court held that the joint representation of multiple defendants by a single attorney, where an actual conflict of interest adversely affected the attorney's performance, violated the Sixth Amendment right to counsel.
• Graham v. Vann
  394 So. 2d 180· Fla. 1st DCA· 1981-02-13 ·cited 11×
  Florida prison inmates challenged conditions at Florida State Prison at Starke, alleging denial of constitutional rights due to inadequate security, staffing, and overcrowding. The trial court issued a peremptory writ of mandamus ordering the Department of Corrections to reduce i
• Mitchell v. Smith
  633 F.2d 1009· 2d Cir.· 1980-09-04 ·cited 11×
  The court held that prosecutorial overreaching sufficient to bar retrial requires bad faith conduct, not mere inadvertence or negligence.
• Gusikoff v. United States
  620 F.2d 459· 5th Cir.· 1980-06-06 ·cited 11×
  The court held that the evidence was sufficient to establish probable cause for extradition and that a prior conviction for conspiracy in the U.S. did not bar extradition for substantive offenses committed in the UK.
• Cook v. Hanberry
  592 F.2d 248· 5th Cir.· 1979-03-29 ·cited 11×
  A prisoner's claim of mistreatment during incarceration does not entitle them to release via habeas corpus, even if the mistreatment violates the Eighth Amendment.
• Saulsbury v. United States
  591 F.2d 1028· 5th Cir.· 1979-03-20 ·cited 11×
  The court held that a federal parole violator is not entitled to credit for state time served on his federal sentence unless the federal government induced his state guilty plea through representations that violated Santobello, or otherwise implicated itself in the state plea bar
• Mileham v. Simmons
  588 F.2d 1279· 9th Cir.· 1979-01-03 ·cited 11×
  The court held that an authoritative judicial construction of a statute, even if it changes prior administrative interpretations, does not violate the ex post facto clause.
• Kimmons v. Louie L. Wainwright
  338 So. 2d 239· Fla. 1st DCA· 1976-10-06 ·cited 11×
  Appellant challenged the forfeiture of accumulated gain time after violating parole while serving consecutive sentences for manslaughter. The court held that under Florida law, consecutive sentences are treated as a single sentence for gain-time purposes, and all accumulated gain
• Cobbs v. Robinson
  528 F.2d 1331· 2d Cir.· 1975-12-17 ·cited 11×
  The court held that the petitioner's constitutional rights were not violated by the grand jury selection process, the denial of counsel in the grand jury room, or the denial of a stenographic transcript of grand jury minutes.
• McNAIR v. McCUNE
  527 F.2d 874· 4th Cir.· 1975-10-20 ·cited 11×
  Federal habeas corpus jurisdiction exists for a federal prisoner challenging segregated confinement imposed without due process.
• Kelly v. Stone
  514 F.2d 18· 9th Cir.· 1975-03-21 ·cited 11×
  The court held that prosecutorial misconduct, including appeals to racial prejudice and comments on the defendant's silence, denied the petitioner a fair trial.