Habeas Corpus

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

• Cannon v. U.S. Dep't of Just.
  973 F.2d 1190· 5th Cir.· 1992-09-17 ·cited 10×
  The United States Parole Commission, not the Bureau of Prisons, must compute release dates for prisoners transferred under the Treaty, taking into account foreign good-time credits and applying U.S.S.G. § 5G1.1(b) when the foreign sentence exceeds the guideline range.
• Burton v. Johnson
  975 F.2d 690· 10th Cir.· 1992-09-11 ·cited 10×
  The Tenth Circuit held that its prior mandate affirmed the district court's remedy, not superseded it, and that the district court retained jurisdiction to interpret its original order regarding permanent discharge.
• Hardiman v. Reynolds
  971 F.2d 500· 10th Cir.· 1992-07-20 ·cited 10×
  A court may raise the defense of state procedural default sua sponte in a § 2254 habeas action, but must provide the petitioner an opportunity to respond. Ineffective assistance of counsel can constitute cause to excuse such a default.
• United States v. MacDONALD
  966 F.2d 854· 4th Cir.· 1992-06-02 ·cited 10×
  A second federal habeas corpus petition will be dismissed as an abuse of the writ if the petitioner fails to demonstrate cause for not raising the claims in the first petition and prejudice, or a fundamental miscarriage of justice.
• Sharpton v. Hon. John C. Turner Jr.
  964 F.2d 1284· 2d Cir.· 1992-05-19 ·cited 10×
  The court held that prosecuting state tax law violations after a prior prosecution for related offenses does not violate the Double Jeopardy Clause, as the conduct used to prove one offense is not the same as prosecuting that conduct.
• Kennedy v. Singletary
  599 So. 2d 991· Fla.· 1992-04-30 ·cited 10×
  The court held that the petitioner's claims were procedurally barred and affirmed the trial court's denial of relief.
• Kavin Wayne Lincecum v. Collins
  958 F.2d 1271· 5th Cir.· 1992-04-07 ·cited 10×
  The court held that the trial court did not err in refusing to instruct the jury on lesser included offenses, and that the district court did not err in denying an evidentiary hearing on claims of ineffective assistance of counsel and unconstitutionality of the death penalty stat
• Jihaad A.M.E. Saahir v. Collins
  956 F.2d 115· 5th Cir.· 1992-03-25 ·cited 10×
  A pro se habeas petitioner is held to the same standard of 'cause' for failing to raise claims in prior petitions as a represented petitioner, and the petitioner here failed to show cause or a fundamental miscarriage of justice.
• Rock v. Zimmerman
  959 F.2d 1237· 3d Cir.· 1992-03-24 ·cited 10×
  The court held that an improper jury instruction regarding intent was not harmless error because the jury struggled with the presumption and was repeatedly misinstructed.
• Evans v. Court OF Common Pleas
  959 F.2d 1227· 3d Cir.· 1992-03-18 ·cited 10×
  The court held that a federal court may not grant habeas corpus relief before a state retrial when the prior conviction was reversed for trial error, as double jeopardy does not bar such a retrial. The court also found that the petitioner had adequately exhausted her federal due
• Baxter v. Gavin K. Letts
  592 So. 2d 1089· Fla.· 1992-02-06 ·cited 10×
  Florida Supreme Court vacated a district court decision that increased Baxter's sentence on the State's appeal because Baxter was denied his constitutional right to counsel during that appellate proceeding.
• Paradis v. A.J. Arave
  954 F.2d 1483· 9th Cir.· 1992-01-23 ·cited 10×
  The court held that the circumstantial evidence was sufficient to support the jury's finding that the murder occurred in Idaho, and that the admission of evidence relating to another murder for which the defendant was acquitted did not violate due process or double jeopardy. The
• Lafferty v. Cook
  949 F.2d 1546· 10th Cir.· 1991-12-09 ·cited 10×
  The court held that the trial court's determination of competency to stand trial, when supported by the record and applying the correct legal standard, is entitled to deference and should not be overturned on appeal.
• Ladner v. J.B. Smith
  941 F.2d 356· 5th Cir.· 1991-09-12 ·cited 10×
  The court held that the petitioner's successive prosecution for murder did not violate the Double Jeopardy Clause under the Grady v. Corbin test, as the essential elements of the murder charge did not require proof of conduct that constituted a separate offense for which he had a
• Anson Avery Maynard v. Dixon
  943 F.2d 407· 4th Cir.· 1991-08-19 ·cited 10×
  The court held that the district court did not err in denying the habeas petition, affirming the denial of summary judgment on all grounds.
• Byrd v. Delo
  942 F.2d 1226· 8th Cir.· 1991-08-14 ·cited 10×
  The court denied the motion for stay of execution and suggestion for rehearing en banc.
• Flores v. Meese
  942 F.2d 1352· 9th Cir.· 1991-08-09 ·cited 10×
  The INS policy of incarcerating children pending deportation hearings, rather than releasing them to responsible non-relative adults, flagrantly violates due process.
• Hurley E. Underwood v. Clark
  939 F.2d 473· 7th Cir.· 1991-08-08 ·cited 10×
  A criminal defendant's bare, unsubstantiated assertion that his lawyer forbade him to testify is insufficient to warrant a hearing on his claim of ineffective assistance of counsel.
• Chandler v. Armontrout
  940 F.2d 363· 8th Cir.· 1991-08-01 ·cited 10×
  The court held that the district court did not err in denying the habeas petition, as counsel was not ineffective and the guilty plea was knowing and voluntary.
• Clark A. Bailey v. Gardebring
  940 F.2d 1150· 8th Cir.· 1991-07-26 ·cited 10×
  The dissent argues that the new Minnesota parole regulations constitute a law for ex post facto purposes because they are binding on the agency and lack discretion, unlike federal guidelines. The dissent would find the regulations violate the ex post facto clause.
• McINTYRE v. Trickey
  938 F.2d 899· 8th Cir.· 1991-07-15 ·cited 10×
  The court held that the Grady rule, though a new rule, is retroactive and applies to this habeas corpus petition, and that the subsequent prosecution for stealing violated the Double Jeopardy Clause by proving conduct already prosecuted for tampering.
• Cody v. Henderson
  936 F.2d 715· 2d Cir.· 1991-06-26 ·cited 10×
  The court held that while extensive delay in processing a criminal appeal can violate due process, unconditional release is not warranted unless the delay substantially prejudiced the outcome of the appeal. The district court erred in granting release without such a showing.
• Atkins v. The Attorney Gen. OF the Sate OF Ala.
  932 F.2d 1430· 11th Cir.· 1991-06-10 ·cited 10×
  The court held that the district court erred in denying the habeas corpus petition because trial counsel's failure to object to a fingerprint card containing a prior arrest notation constituted ineffective assistance of counsel, prejudicing the defense.
• Hill v. Black
  932 F.2d 369· 5th Cir.· 1991-05-20 ·cited 10×
  The court held that the petitioner's eighth amendment claim was procedurally barred because he failed to show good cause for not raising it at trial and actual prejudice. The court also held that the petitioner was not entitled to a lesser included offense charge under state law.
• Hull v. Freeman
  932 F.2d 159· 3d Cir.· 1991-05-10 ·cited 10×
  The court held that the district court's order provisionally granting habeas corpus was a final, appealable decision, and that the procedural default doctrine did not bar review of the petitioner's claim. The court vacated the district court's order and remanded for clarification
• West v. Ellis B. Wright, Jr.
  931 F.2d 262· 4th Cir.· 1991-04-29 ·cited 10×
  The court held that the evidence presented was constitutionally insufficient to convict the appellant of grand larceny under the Jackson v. Virginia standard.
• Hennessy v. Goldsmith
  929 F.2d 511· 9th Cir.· 1991-04-01 ·cited 10×
  The Ninth Circuit reversed the district court's grant of habeas corpus, holding that the state trial court's failure to instruct the jury on the 'voluntary release' element of kidnapping was harmless error.
• Knox v. Collins
  928 F.2d 657· 5th Cir.· 1991-03-28 ·cited 10×
  The court held that the trial court's failure to provide a promised parole instruction, after allowing voir dire on the issue, impaired the defendant's right to intelligently exercise peremptory challenges, violating due process.
• Defuentes v. Dugger
  923 F.2d 801· 11th Cir.· 1991-02-08 ·cited 10×
  The court held that the jury instruction, when viewed in the context of the entire charge, did not create an unconstitutional mandatory rebuttable presumption that shifted the burden of proof to the defendant.
• Tucker v. Carlson
  925 F.2d 330· 9th Cir.· 1991-02-05 ·cited 10×
  The court held that a federal prisoner's civil rights complaint challenging the fact or duration of confinement must be construed as a habeas corpus petition, and claims for damages as a Bivens action.
• Lomax v. Armontrout
  923 F.2d 574· 8th Cir.· 1991-01-08 ·cited 10×
  The court held that the prosecutor's discretion to file a nolle prosequi was not abused, and double jeopardy did not attach before the jury was sworn. The appeal was timely filed.
• Becton v. Talmadge Barnett
  920 F.2d 1190· 4th Cir.· 1990-12-26 ·cited 10×
  The court held that the district court erred in denying a habeas corpus petition without an evidentiary hearing when the petitioner raised colorable claims of ineffective assistance of counsel regarding failure to investigate competency and failure to appeal.
• Carter v. Collins
  918 F.2d 1198· 5th Cir.· 1990-12-12 ·cited 10×
  The court held that the petitioner failed to demonstrate ineffective assistance of counsel because the attorney's advice regarding parole eligibility was not deficient and the petitioner failed to show prejudice.
• Martsay Bolder v. Armontrout
  921 F.2d 1359· 8th Cir.· 1990-12-12 ·cited 10×
  The dissenting judge holds that the district court correctly found Bolder's trial counsel was constitutionally ineffective for failing to present age and background mitigating evidence, and that post-conviction counsel was also ineffective.
• Henderson v. Cohn
  919 F.2d 1270· 7th Cir.· 1990-12-11 ·cited 10×
  The court held that a petitioner's failure to demonstrate cause and prejudice for a procedural default in state court bars federal habeas corpus review, and illiteracy does not constitute cause.
• Olds v. Armontrout
  919 F.2d 1331· 8th Cir.· 1990-11-27 ·cited 10×
  The court held that the district court did not abuse its discretion in dismissing the habeas petition as successive and abusive.
• Robinson v. Borg
  918 F.2d 1387· 9th Cir.· 1990-10-30 ·cited 10×
  A suspect's statement, "I have to get me a good lawyer, man. Can I make a phone call?", made during custodial interrogation, constitutes an unequivocal request for counsel, requiring cessation of all questioning.
• Hunter v. State OF NEW Mexico
  916 F.2d 595· 10th Cir.· 1990-10-18 ·cited 10×
  A constructive amendment of the indictment occurred when the jury instruction allowed conviction for first-degree criminal sexual penetration based on digital penetration prior to the statutory change, which constituted a lesser offense, thus requiring reversal of that conviction
• Walton v. Caspari
  916 F.2d 1352· 8th Cir.· 1990-10-16 ·cited 10×
  The court affirmed the district court's conditional grant of habeas corpus, holding that the prosecutor's discriminatory use of peremptory challenges violated the Equal Protection Clause and that the Garrett decision applied retroactively.
• Arlester E. Scott v. Jones
  915 F.2d 1188· 8th Cir.· 1990-10-03 ·cited 10×
  The court affirmed the district court's denial of habeas relief, finding no constitutional error in the state court proceedings or convictions.
• Bailey v. Cowley
  914 F.2d 1438· 10th Cir.· 1990-09-25 ·cited 10×
  The court held that a guilty plea is not rendered involuntary or unintelligent by the defendant's fear of using a prior conviction that was later invalidated, especially when the prior conviction was not used for impeachment or sentence enhancement and the plea was entered to a l
• Blair v. Armontrout
  916 F.2d 1310· 8th Cir.· 1990-09-24 ·cited 10×
  The court held that the state court's factual finding that no deal existed between the prosecutor and a key witness was supported by the record and thus presumed correct, meaning no knowing use of perjured testimony occurred. The court also held that the defendant's waiver of Mir
• Nat'l Ctr. FOR Immigrants' Rights, Inc. v. Immigr. & Naturalization Serv.
  913 F.2d 1350· 9th Cir.· 1990-09-07 ·cited 10×
  The dissent argues that the regulation is rationally related to the statute and that the majority improperly invades the province of the Attorney General.
• Orsini v. Wallace
  913 F.2d 474· 8th Cir.· 1990-08-31 ·cited 10×
  A magistrate has jurisdiction to enter final judgment in a habeas corpus case upon consent of the parties, and withheld evidence is material only if there is a reasonable probability that its disclosure would have changed the outcome of the proceeding.
• Bouchillon v. Collins
  907 F.2d 589· 5th Cir.· 1990-08-07 ·cited 10×
  The court held that the petitioner was denied effective assistance of counsel because his attorney failed to investigate his mental health history, which likely impacted the outcome of his guilty plea.
• Haas v. Abrahamson
  910 F.2d 384· 7th Cir.· 1990-08-06 ·cited 10×
  The Seventh Circuit affirmed the denial of the habeas petition, holding that Wisconsin's rule barring psychiatric opinion testimony on the issue of a defendant's capacity to form specific intent to kill is not unconstitutional.
• Leonel Torres Herrera v. Collins
  904 F.2d 944· 5th Cir.· 1990-06-25 ·cited 10×
  The court held that the pretrial identification procedures, while potentially suggestive, were not impermissibly so given the totality of the circumstances and did not create a substantial likelihood of misidentification, thus not violating due process.
• Robbins v. Christianson
  904 F.2d 492· 9th Cir.· 1990-05-30 ·cited 10×
• Mathis v. Zant
  903 F.2d 1368· 11th Cir.· 1990-05-29 ·cited 10×
  The court's opinion accurately reflects circuit law regarding the final judgment rule, but the concurring judge expresses dissatisfaction with its distortion.
• Burden v. Zant
  903 F.2d 1352· 11th Cir.· 1990-05-29 ·cited 10×
  The court held that the petitioner did not receive ineffective assistance of counsel due to a conflict of interest, nor was his trial fundamentally unfair due to the admission of extrinsic-acts evidence.