Habeas Corpus

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

• White v. ARN
  788 F.2d 338· 6th Cir.· 1986-04-09 ·cited 10×
  The court held that Ohio's statute requiring defendants to prove self-defense by a preponderance of the evidence does not violate the Due Process Clause of the Fourteenth Amendment.
• Griffin v. Martin
  785 F.2d 1172· 4th Cir.· 1986-02-27 ·cited 10×
  The court affirmed the result based on prior precedent, finding that contradictory jury instructions on self-defense rendered the trial fundamentally unfair.
• McNEIL v. Cuyler
  782 F.2d 443· 3d Cir.· 1986-02-04 ·cited 10×
  The court held that the majority misapplied the Strickland standard for ineffective assistance of counsel, thereby increasing the burden on petitioners and wrongly changing the outcome of the case.
• Dillard v. Blackburn
  780 F.2d 509· 5th Cir.· 1986-01-15 ·cited 10×
  The court held that a habeas petitioner is not entitled to ten days' notice before dismissal if they do not claim prejudice from the lack of notice and have not shown they would have presented additional evidence.
• Jackson v. Scully
  781 F.2d 291· 2d Cir.· 1986-01-14 ·cited 10×
  The court held that the appellant's Sixth Amendment confrontation claim, Fourth Amendment illegal arrest claim, and Fifth Amendment Miranda rights claim were procedurally defaulted and barred from federal habeas review, and that the evidence was sufficient for conviction.
• Hernandez v. Spencer
  780 F.2d 504· 5th Cir.· 1986-01-13 ·cited 10×
  The court held that a trial court may properly stay all claims in a civil rights suit, including those not requiring exhaustion, if they are presented alongside claims that do require exhaustion, to await disposition of the latter.
• Anaya v. Hansen
  781 F.2d 1· 1st Cir.· 1986-01-09 ·cited 10×
  The court held that blue collar workers, young adults, and less educated individuals do not constitute "cognizable" or "distinctive" groups under the Duren test for Sixth Amendment fair cross-section challenges, and affirmed the denial of the habeas corpus petition.
• O'Blasney v. Solem
  774 F.2d 925· 8th Cir.· 1985-10-15 ·cited 10×
  The court held that a habeas corpus petition alleging insufficient evidence to support a conviction cannot be summarily dismissed without review of the trial record.
• Corn v. Kemp
  772 F.2d 681· 11th Cir.· 1985-09-16 ·cited 10×
  The court vacated its prior decision affirming the denial of relief on burden-shifting jury instructions and remanded for the district court to grant the writ unless the state retries the petitioner.
• Clutchette v. Rushen
  770 F.2d 1469· 9th Cir.· 1985-09-11 ·cited 10×
  The court held that the wife's voluntary surrender of physical evidence, which the defense attorney was obligated to turn over under state law, did not violate the Sixth Amendment right to effective assistance of counsel. It also held that the district court had discretion to gra
• Luna v. Black
  772 F.2d 448· 8th Cir.· 1985-09-06 ·cited 10×
  The court held that the district court properly dismissed the habeas corpus petition because the record did not show prosecutorial vindictiveness, the defendant procedurally defaulted on his claim regarding prior convictions, and the record did not indicate a need for an interpre
• Boag v. Raines
  769 F.2d 1341· 9th Cir.· 1985-08-26 ·cited 10×
  The court held that the new evidence presented by the petitioner was insufficient to raise a substantial doubt as to his competency to stand trial.
• United States v. Lavern Charles Dunham
  767 F.2d 1395· 9th Cir.· 1985-08-08 ·cited 10×
  The court held that the defendant failed to demonstrate actual prejudice necessary to vacate his sentence under 28 U.S.C. § 2255, as the alleged errors did not rise to the level of constitutional error.
• Bernard & Odette Port v. Heard
  764 F.2d 423· 5th Cir.· 1985-07-01 ·cited 10×
  The court held that the Ports' release from confinement did not moot their habeas corpus petition because the punitive fines preserved a live controversy, and that the claimed parent-child testimonial privilege is not constitutionally protected under the Due Process, Equal Protec
• Franklin v. Rose
  765 F.2d 82· 6th Cir.· 1985-06-21 ·cited 10×
  The district court erred in refusing to liberally construe the pro se petitioner's habeas petition and attached materials, thus failing to consider all grounds for relief raised.
• Prater v. U.S. Parole Comm'n
  764 F.2d 1230· 7th Cir.· 1985-06-12 ·cited 10×
  The court held that the practices of executive agencies are not material in determining whether a law is a forbidden ex post facto law.
• Johnson v. Crispus C. NIX
  763 F.2d 344· 8th Cir.· 1985-06-03 ·cited 10×
  The court affirmed the denial of the habeas corpus petition, finding that any error in admitting incriminating statements was harmless and that the defendant's other claims regarding a fair trial and jury impartiality were without merit.
• Praylow v. Martin
  761 F.2d 179· 4th Cir.· 1985-05-08 ·cited 10×
  The court held that the late appointment of counsel does not automatically create a presumption of ineffective assistance, and the defendant failed to show actual prejudice.
• United States ex rel. Hugh E. Thom v. O.C. Jenkins
  760 F.2d 736· 7th Cir.· 1985-03-12 ·cited 10×
  The court held that the district court did not err in denying the petition for a writ of habeas corpus because the petitioner failed to meet his burden of producing evidence of present inability to pay the judgment, despite evidence of past ability.
• Wallace v. State
  463 So. 2d 467· Fla. 2d DCA· 1985-02-06 ·cited 10×
  Herman Wallace appeals the denial of his second Rule 3.850 post-conviction relief motion. The appellate court reverses the trial court's summary denial and remands for consideration on the merits of Wallace's claims of ineffective assistance of counsel, plea agreement violation,
• Burbine v. Moran
  753 F.2d 178· 1st Cir.· 1985-01-25 ·cited 10×
  The court held that the failure to inform a suspect in custody that his attorney was seeking to see him, when coupled with misleading information given to the attorney, vitiated the suspect's waiver of his Fifth Amendment right to counsel during questioning.
• McKinley Brown v. Davis
  752 F.2d 1142· 6th Cir.· 1985-01-21 ·cited 10×
  The court held that the evidence presented at trial was constitutionally sufficient to permit a rational trier of fact to find the appellant guilty beyond a reasonable doubt, despite discrepancies in eyewitness identification.
• Seaton v. Procunier
  750 F.2d 366· 5th Cir.· 1985-01-11 ·cited 10×
  The court affirmed the denial of habeas corpus, finding the evidence sufficient to support the conviction under Texas law as interpreted by the Texas courts.
• Brofford v. Marshall
  751 F.2d 845· 6th Cir.· 1985-01-08 ·cited 10×
  The court should require an evidentiary hearing on the change of venue and shackling issues due to insufficient factual development in the record.
• Moret v. Karn
  746 F.2d 989· 3d Cir.· 1984-10-24 ·cited 10×
  The court held that the termination of the alien's parole was an abuse of discretion because the INS failed to make the required finding of a clear and imminent danger to the community.
• Townsend v. Lucas
  745 F.2d 933· 5th Cir.· 1984-10-19 ·cited 10×
  The appeal is dismissed because the district court failed to enter a separate final judgment and the notice of appeal was untimely.
• Thompson v. Reivitz
  746 F.2d 397· 7th Cir.· 1984-10-17 ·cited 10×
  The court held that a second probation revocation hearing is permissible even if based on the same events as a prior hearing, and that state remedies were exhausted.
• Chamberlain v. Ericksen
  744 F.2d 628· 8th Cir.· 1984-09-25 ·cited 10×
  The court affirmed the denial of the habeas corpus petition, finding that the appellant's constitutional claims were either moot or adequately addressed by state law remedies.
• Alphonso Morgan v. Zant
  743 F.2d 775· 11th Cir.· 1984-09-21 ·cited 10×
  The court held that the jury instruction at the sentencing phase was constitutionally infirm for failing to adequately explain the nature and function of mitigating circumstances. The court also found the conviction itself to be constitutionally sound.
• Fulton v. Warden, Maryland Penitentiary
  744 F.2d 1026· 4th Cir.· 1984-09-20 ·cited 10×
  The court held that although jury instructions on alibi defenses were constitutionally infirm by shifting the burden of proof, the errors were harmless beyond a reasonable doubt in both cases, and did not render the trials fundamentally unfair.
• O'Brien v. Louie L. Wainwright
  738 F.2d 1139· 11th Cir.· 1984-08-09 ·cited 10×
  The court held that although pretrial identifications were suggestive, they did not render the in-court identification unreliable, and the Fourth Amendment claim was procedurally barred.
• Mealer v. Jones
  741 F.2d 1451· 2d Cir.· 1984-08-08 ·cited 10×
  The court held that post-indictment statements concerning an already indicted offense, even if obtained during an investigation into a new crime, are inadmissible under Massiah.
• Martin v. Maggio
  739 F.2d 184· 5th Cir.· 1984-08-02 ·cited 10×
  The court denied the petition for rehearing, holding that the petitioner failed to demonstrate prejudice from his trial counsel's alleged ineffectiveness under the Strickland standard.
• Larsen v. Maggio
  736 F.2d 215· 5th Cir.· 1984-07-16 ·cited 10×
  The court held that the petitioner failed to demonstrate prejudice resulting from his trial counsel's alleged inadequate investigation, and therefore, his Sixth Amendment claim of ineffective assistance of counsel failed.
• Blake v. Zant
  737 F.2d 925· 11th Cir.· 1984-07-13 ·cited 10×
  The court held that an order granting a writ of habeas corpus on some claims, but not all, is not a final appealable judgment under 28 U.S.C. § 1291, nor is it an interlocutory injunction under 28 U.S.C. § 1292(a)(1).
• Allen v. Hadden
  738 F.2d 1102· 10th Cir.· 1984-07-10 ·cited 10×
  The court held that the Parole Commission did not impermissibly "double-count" factors by using the same facts to determine offense severity and to justify a parole decision outside the guidelines, as the factors were related but distinct.
• Carey v. Duckworth
  738 F.2d 875· 7th Cir.· 1984-07-09 ·cited 10×
  The court held that the petitioner's due process rights were not violated by prosecutorial misconduct, as any undisclosed information was not material and the informant's testimony did not constitute perjury.
• Kimbrough G. Middlebrooks v. Smith
  735 F.2d 431· 11th Cir.· 1984-06-29 ·cited 10×
  A district court's order transferring a case under 28 U.S.C. § 1631 is a non-appealable interlocutory order.
• Moore v. Zant
  734 F.2d 585· 11th Cir.· 1984-06-04 ·cited 10×
• United States ex rel. Leon Johnson v. McGINNIS
  734 F.2d 1193· 7th Cir.· 1984-05-14 ·cited 10×
  A federal court must dismiss a habeas corpus petition if the petitioner has not exhausted available state remedies, including a writ of mandamus, for claims concerning parole denials.
• Harvey and Rebecca Rumbaugh v. McKASKLE
  730 F.2d 291· 5th Cir.· 1984-04-20 ·cited 10×
  The court held that the pending state habeas petition filed by the prisoner necessitates a remand to monitor its progress before adjudicating the parents' appeal.
• Emilcar Bermudez v. Reid
  733 F.2d 18· 2d Cir.· 1984-04-19 ·cited 10×
  The court held that a default judgment should not be entered in a habeas corpus proceeding without an evidentiary hearing on the merits, even when the state has been inexcusably dilatory.
• Stepniewski v. Superintendent John Gagnon & Attorney Gen. of the State of Wis.
  732 F.2d 567· 7th Cir.· 1984-04-12 ·cited 10×
  A state may constitutionally convict individuals for violations of regulatory statutes without proof of criminal intent, provided the statute gives fair warning of prohibited conduct and does not violate other due process protections.
• Matlock v. Rose
  731 F.2d 1236· 6th Cir.· 1984-04-09 ·cited 10×
  The Sixth Circuit affirmed the denial of habeas corpus relief, holding that the district court properly reached the merits of the petitioner's claims despite an unexhausted claim due to futility, and that the claims themselves lacked merit.
• Webster v. Rees
  729 F.2d 1078· 6th Cir.· 1984-03-20 ·cited 10×
  The court held that the prosecutor's misconduct, while improper, did not render the petitioner's trial so fundamentally unfair as to constitute a denial of federal rights, and thus did not warrant habeas corpus relief.
• Sol Shearn Rovinsky v. McKASKLE
  722 F.2d 197· 5th Cir.· 1984-03-12 ·cited 10×
• Thomas v. ARN
  728 F.2d 813· 6th Cir.· 1984-03-09 ·cited 10×
  The court held that failure to file objections to a magistrate's report, after being warned, results in a waiver of the right to appeal the district court's judgment.
• Jackson v. Amaral
  729 F.2d 41· 1st Cir.· 1984-03-08 ·cited 10×
  The court held that the trial court's failure to individually voir dire all jurors exposed to potentially prejudicial publicity did not violate the defendant's constitutional right to an impartial jury.
• Matthews v. A.L. Lockhart
  726 F.2d 394· 8th Cir.· 1984-01-24 ·cited 10×
  The court held that the appellant's statutory and constitutional rights to a speedy trial were not violated, nor was he denied a fair trial due to pretrial publicity or subjected to double jeopardy.
• Tinder v. Sister Rose Paula
  725 F.2d 801· 1st Cir.· 1984-01-16 ·cited 10×
  The court held that a petitioner is not 'in custody' for habeas corpus purposes when their probation has expired and the possibility of revocation for failure to pay restitution is speculative and not a severe restraint on liberty.