Habeas Corpus

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

• Tad Anthony Isom v. A.L. Lockhart
  847 F.2d 484· 8th Cir.· 1988-05-25 ·cited 10×
  The court held that the petitioner's claims of ineffective assistance of counsel and due process violations did not rise to the level of constitutional violations warranting habeas relief.
• Greywater v. Honorable Lawrence R. Joshua, Jr.
  846 F.2d 486· 8th Cir.· 1988-05-10 ·cited 10×
  The court held that the Devils Lake Sioux Tribal Court does not possess inherent sovereignty to exercise criminal jurisdiction over nonmember Indians, and thus, exhaustion of tribal court remedies was not required.
• Saylor v. Cornelius
  845 F.2d 1401· 6th Cir.· 1988-05-09 ·cited 10×
  The Double Jeopardy Clause bars retrial when a defendant is put in jeopardy for a charge that was included in the indictment and supported by evidence, but was not submitted to the jury due to the prosecution's instructional error.
• Hooper v. D.A. Garraghty
  845 F.2d 471· 4th Cir.· 1988-05-03 ·cited 10×
  While counsel's failure to investigate an insanity defense fell below the objective standard of reasonableness, the defendant failed to show a reasonable probability that he would have rejected the plea agreement had the investigation been adequate.
• Turner v. Armontrout
  845 F.2d 165· 8th Cir.· 1988-04-21 ·cited 10×
  The court held that there was sufficient evidence to convict the appellant as an accomplice to capital murder and that the exclusion of his accomplice's hearsay declarations did not deprive him of due process.
• Clanton v. Muncy
  845 F.2d 1238· 4th Cir.· 1988-04-14 ·cited 10×
  The court held that the district court erred in granting a stay of execution because the petitioner's claims were successive, procedurally defaulted, and lacked substantial grounds for relief.
• Doucette v. Vose
  842 F.2d 538· 1st Cir.· 1988-03-23 ·cited 10×
  The SJC's review of a claimed instructional error under state law, even if referencing federal constitutional issues, does not waive a procedural default for federal habeas review.
• Fillingim v. Boone
  835 F.2d 1389· 11th Cir.· 1988-01-22 ·cited 10×
  The court affirmed the district court's decision, holding that the Leon County ordinance prohibiting nude or semi-nude entertainment in establishments selling alcohol was constitutional.
• Commonwealth of Ky. v. Long
  837 F.2d 727· 6th Cir.· 1988-01-21 ·cited 10×
  The Supremacy Clause requires dismissal of a state's indictment of a federal agent before trial if the state cannot affirmatively show disputed facts regarding whether the agent acted within the scope of their federal duties.
• Browning v. Foltz
  837 F.2d 276· 6th Cir.· 1988-01-21 ·cited 10×
  A violation of the Interstate Agreement on Detainers (IAD) does not provide a basis for federal habeas corpus relief under 28 U.S.C. § 2254, and even if it did, no violation occurred in this case. Furthermore, the court found no reversible error regarding jury instructions, ineff
• Hackett v. United States Parole Comm'n
  851 F.2d 127· 6th Cir.· 1987-12-08 ·cited 10×
  The court held that the Parole Commission was authorized to consider the victim's rape allegation, even if unsubstantiated or rejected by the sentencing judge, and that the Sentencing Reform Act of 1984 did not entitle the petitioner to immediate release.
• Solomon Richardson v. Duckworth
  834 F.2d 1366· 7th Cir.· 1987-12-04 ·cited 10×
  The court held that the petitioner received adequate Miranda warnings and voluntarily confessed, thus his Fifth Amendment rights were not violated.
• Wright v. State OF Minn. & Robert A. Erickson
  833 F.2d 746· 8th Cir.· 1987-11-18 ·cited 10×
  The court held that the appellant was not entitled to habeas relief because the state court's findings of competency and effective assistance of counsel were supported by the record, and an evidentiary hearing was not required.
• Diggs v. Owens
  833 F.2d 439· 3d Cir.· 1987-11-06 ·cited 10×
  The court held that the Interstate Agreement on Detainers Act (IADA) speedy trial and anti-shuttling provisions were not violated, and that the trial court's rulings and counsel's assistance did not deny the appellant due process or effective assistance of counsel.
• Hochman v. Rafferty
  831 F.2d 1199· 3d Cir.· 1987-10-16 ·cited 10×
  The court held that the prosecutor's conduct before the grand jury did not breach the requirements of the due process clause, and therefore affirmed the denial of the habeas corpus petition.
• James v. Butler
  827 F.2d 1006· 5th Cir.· 1987-09-04 ·cited 10×
  The court denied James' application for a certificate of probable cause and dismissed his appeal, finding he failed to make a substantial showing of the denial of a federal right.
• Shillcutt v. Gagnon
  827 F.2d 1155· 7th Cir.· 1987-08-27 ·cited 10×
  The court held that the application of Wisconsin's evidentiary rule, preventing impeachment of a jury verdict by reference to jury deliberations, did not violate a federally protected right.
• Darden v. Dugger
  825 F.2d 287· 11th Cir.· 1987-08-05 ·cited 10×
  The court held that the district court did not abuse its discretion in dismissing the petitioner's third habeas corpus petition without a hearing, as the issues were either successive or constituted an abuse of the writ.
• Spear v. Spear
  510 So. 2d 371· Fla. 3d DCA· 1987-07-29 ·cited 10×
• Spina v. C.L. Aaron
  821 F.2d 1126· 5th Cir.· 1987-07-17 ·cited 10×
  A federal prisoner's Bivens-type suit challenging the fact or duration of confinement, even for damages, must first exhaust available habeas corpus remedies.
• Crespo v. Armontrout
  818 F.2d 684· 8th Cir.· 1987-05-20 ·cited 10×
  The court held that the admission of the defendant's incriminating statements did not violate his constitutional rights and that a prosecutor's question on cross-examination did not render the trial fundamentally unfair.
• Dunn v. United States Parole Comm'n
  818 F.2d 742· 10th Cir.· 1987-05-14 ·cited 10×
  The Tenth Circuit held that the Parole Commission's reliance on an insanity acquittal from eighteen years prior to retard a prisoner's parole date, without evidence of current mental illness or risk, was arbitrary and capricious.
• Neuschafer v. Harol Whitley
  816 F.2d 1390· 9th Cir.· 1987-05-11 ·cited 10×
• Feldman v. Henman
  815 F.2d 1318· 9th Cir.· 1987-04-29 ·cited 10×
  A district court lacks subject matter jurisdiction to entertain a federal prisoner's habeas corpus petition that raises claims already decided by the court of appeals, especially when an appeal or certiorari is pending.
• Wheeler v. Kelly
  811 F.2d 133· 2d Cir.· 1987-02-09 ·cited 10×
  The court held that the district court did not abuse its discretion by conditioning the grant of a writ of habeas corpus on the state appellate court's decision, rather than ordering an unconditional new trial.
• Nell v. Warden Charles James
  811 F.2d 100· 2d Cir.· 1987-01-30 ·cited 10×
  The court held that the petitioner's second habeas petition was an abuse of the writ and that he failed to allege sufficient facts for his ineffective assistance of counsel claim.
• Williams v. Lynaugh
  809 F.2d 1063· 5th Cir.· 1987-01-28 ·cited 10×
  The court held that the jury was properly selected, the ineffective assistance of counsel claim was insufficient, and the use of psychiatric evidence did not violate the defendant's rights.
• Wilson v. Coon
  808 F.2d 688· 8th Cir.· 1987-01-08 ·cited 10×
  The court held that physical restraint by ambulance personnel for medical purposes at an accident scene, absent police domination, does not create an inherently coercive environment requiring Miranda warnings.
• Wood v. A.L. Lockhart
  809 F.2d 457· 8th Cir.· 1987-01-07 ·cited 10×
  The court held that the petitioner's claims of trial error, including the admission of testimony, denial of a change of venue, failure to strike biased jurors, and prosecutorial comments, did not rise to the level of a due process violation warranting habeas corpus relief.
• Andrade v. O.L. McCOTTER
  807 F.2d 398· 5th Cir.· 1986-12-16 ·cited 10×
  The court held that the petitioner failed to make a substantial showing of the denial of a federal right and denied the certificate of probable cause.
• Reardon v. Manson
  806 F.2d 39· 2d Cir.· 1986-11-20 ·cited 10×
  The admission of drug-identification testimony by a state toxicologist, based on tests performed by chemists under his supervision, did not violate the Sixth Amendment right of confrontation.
• United States ex rel. Anthony Hall v. Lane
  804 F.2d 79· 7th Cir.· 1986-10-22 ·cited 10×
  The Sixth Amendment right to counsel does not attach to a lineup identification conducted before the initiation of formal judicial proceedings, even if the suspect is in custody for an unrelated offense.
• McLESTER v. Smith
  802 F.2d 1330· 11th Cir.· 1986-10-20 ·cited 10×
  The court held that the Alabama Habitual Offender Act was properly applied to the appellant's sentence, and his Eighth Amendment challenge based on disproportionality failed.
• Franklin v. White
  803 F.2d 416· 8th Cir.· 1986-10-15 ·cited 10×
  The court held that the petitioner received actual notice of the charges and therefore his due process rights were not violated, affirming the denial of his habeas corpus petition.
• Duncan Peder McKENZIE, Jr. v. Risley
  801 F.2d 1519· 9th Cir.· 1986-10-08 ·cited 10×
  The court held that Sandstrom error on the element of intent is subject to harmless error analysis and that the death penalty statutes were constitutional. The court affirmed the denial of the habeas corpus petition.
• Thomas v. Louie L. Wainwright
  495 So. 2d 172· Fla.· 1986-10-02 ·cited 10×
  Death row inmate Ed Clifford Thomas petitioned for a writ of habeas corpus challenging his death sentence for murder. The Florida Supreme Court denied the petition and vacated a stay of execution, rejecting claims of ineffective assistance of appellate counsel and other constitut
• Evans v. Raines
  800 F.2d 884· 9th Cir.· 1986-09-23 ·cited 10×
  State court findings on competency to waive counsel and the knowing and intelligent nature of that waiver, if fairly supported by the record, are entitled to a presumption of correctness in federal habeas proceedings.
• Cuevas v. Henderson
  801 F.2d 586· 2d Cir.· 1986-09-15 ·cited 10×
  The court held that a petitioner's failure to demonstrate constitutionally ineffective assistance of counsel means they cannot establish cause to overcome a procedural default barring habeas review.
• Ewing v. Norris W. McMACKIN
  799 F.2d 1143· 6th Cir.· 1986-09-03 ·cited 10×
  The court held that failure to raise claims on direct appeal or appeal post-conviction relief denials constitutes a procedural default, barring federal habeas review absent cause and prejudice, unless the actual innocence exception applies. Ineffective assistance of counsel must
• Vickers v. Ricketts
  798 F.2d 369· 9th Cir.· 1986-08-27 ·cited 10×
  The court held that the failure to instruct the jury on second-degree murder in a capital case, where evidence could support such a verdict, violates due process principles established in Beck v. Alabama.
• Stone v. Green
  796 F.2d 1366· 11th Cir.· 1986-08-14 ·cited 10×
  The court held that the erroneous introduction of prior conviction evidence, even if resulting from a denial of severance, was constitutionally harmless given the overwhelming evidence of guilt.
• Allen v. Lanson Newsome
  795 F.2d 934· 11th Cir.· 1986-08-04 ·cited 10×
  The court held that the district court did not abuse its discretion in dismissing the habeas corpus petition as successive and an abuse of the writ without an evidentiary hearing.
• Mendrano v. Smith
  797 F.2d 1538· 10th Cir.· 1986-07-31 ·cited 10×
  The court held that the Uniform Code of Military Justice's two-thirds voting rule for convictions in a six-member general court-martial does not violate the Fifth Amendment's Due Process Clause, as military necessity justifies different standards than civilian jury trials.
• Skagerberg v. State OF Okla.
  797 F.2d 881· 10th Cir.· 1986-07-25 ·cited 10×
  The court held that a combined motion for Rule 60 relief and notice of appeal, when the motion is properly construed as a timely Rule 59(e) motion, renders the notice of appeal premature and ineffective.
• Nat'l Ctr. FOR Immigrants' Rights, Inc. v. Immigr. & Naturalization Serv.
  791 F.2d 1351· 9th Cir.· 1986-06-13 ·cited 10×
  The court held that the Attorney General's statutory authority under the Immigration and Nationality Act to impose conditions on appearance and delivery bonds is limited to those conditions that ensure the alien's appearance at future proceedings, not conditions barring employmen
• Gov't of the Virgin Islands v. Harrigan
  791 F.2d 34· 3d Cir.· 1986-05-22 ·cited 10×
  The application of the Virgin Islands habitual criminal statute to a larceny conviction is constitutional, and the defendant's equal protection claims lack merit.
• Davis v. Blackburn
  789 F.2d 350· 5th Cir.· 1986-05-14 ·cited 10×
  A federal court need not grant an evidentiary hearing on a habeas petition if the alleged newly discovered evidence is discoverable by reasonable diligence and consists solely of a recanted trial witness affidavit rejected by the state trial court.
• Mosier v. A.I. Murphy
  790 F.2d 62· 10th Cir.· 1986-05-05 ·cited 10×
  A guilty plea is not rendered involuntary or the result of ineffective assistance of counsel merely because the plea bargain benefits third parties, such as the defendant's wife and mother-in-law.
• Joyner v. King
  786 F.2d 1317· 5th Cir.· 1986-04-18 ·cited 10×
  The court held that the petitioner failed to exhaust state remedies for his Sixth Amendment claim due to new factual allegations presented in federal court, and the state did not waive its right to assert the exhaustion requirement.
• In re the Extradition OF Jorge Gustavo Kraiselburd. United States v. Kraiselburd
  786 F.2d 1395· 9th Cir.· 1986-04-14 ·cited 10×
  The court held that the extradition request was valid, not time-barred, and that the magistrate did not err in limiting discovery or rejecting expert testimony.