Habeas Corpus

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

• Adail v. Wyrick
  671 F.2d 1218· 8th Cir.· 1982-03-11 ·cited 10×
  The court held that the petitioner had exhausted state remedies for direct appeal issues and affirmed the dismissal of ineffective assistance of counsel and jury selection claims.
• Jessee Travis Rouse v. Foster
  672 F.2d 649· 8th Cir.· 1982-03-01 ·cited 10×
  The court held that the prisoner's guilty plea was voluntary and intelligent, and his indeterminate sentence was not constitutionally infirm, thus affirming the denial of his habeas corpus petition.
• Rutledge v. Sunderland
  671 F.2d 377· 10th Cir.· 1982-02-16 ·cited 10×
  The court held that a conviction obtained using prior invalid convictions for impeachment and enhancement is void, and that the issue is not moot even if the petitioner has been released from custody.
• Pierre v. Thompson
  666 F.2d 424· 9th Cir.· 1982-01-25 ·cited 10×
  The district court erred by not independently reviewing the state court record or holding a hearing to determine if the relief granted for the broken plea agreement was constitutionally adequate.
• Olson v. Green
  668 F.2d 421· 8th Cir.· 1982-01-13 ·cited 10×
  The admission of the accomplice's custodial statements was harmless error because the properly admitted evidence of guilt was overwhelming and the prejudicial effect of the statements was insignificant.
• United States ex rel. Theodore Ross v. Franzen
  668 F.2d 933· 7th Cir.· 1982-01-13 ·cited 10×
  The court held that the majority opinion erred in vacating the state trial court judgment based on habeas corpus power.
• Barker v. Jones
  668 F.2d 154· 2d Cir.· 1982-01-04 ·cited 10×
  The court held that an escapee's prolonged absence from jurisdiction, coupled with the dismissal of his direct appeal and failure to voluntarily return, results in forfeiture of his right to federal habeas review.
• Prosise v. Haring
  667 F.2d 1133· 4th Cir.· 1981-12-30 ·cited 10×
  A guilty plea does not preclude a subsequent § 1983 claim for an illegal search and seizure if the issue was not actually litigated, as the defendant may lack sufficient incentive to litigate suppression issues in the state criminal proceeding.
• United States ex rel. Carrie Jean Heral v. Franzen
  667 F.2d 633· 7th Cir.· 1981-12-29 ·cited 10×
  The court held that an attorney's failure to inform the trial court of a client's recent suicide attempt does not constitute ineffective assistance of counsel if the totality of circumstances shows competent assistance, and that the standard for competence to plead guilty is the
• Moran v. Morris
  665 F.2d 900· 9th Cir.· 1981-12-28 ·cited 10×
  The court held that the district court erred by failing to conduct a de novo determination of the magistrate's report, as required by the Federal Magistrate's Act, before issuing a writ of habeas corpus.
• Schneider v. Housewright
  668 F.2d 366· 8th Cir.· 1981-12-28 ·cited 10×
  The court held that substantial evidence supported the revocation of probation, even without considering potentially suppressed evidence.
• Fritchie v. McCARTHY
  664 F.2d 208· 9th Cir.· 1981-12-17 ·cited 10×
  The court held that the state court's determination of the voluntariness of the confession was supported by the record and that the appellant was not denied effective assistance of counsel.
• Gullick v. Perrin
  669 F.2d 1· 1st Cir.· 1981-12-16 ·cited 10×
  The court held that the identification procedures employed by the police were not impermissibly suggestive, and therefore, the reliability of the identification was a question for the jury.
• Castleberry v. Warden Mack H. Alford & the Attorney Gen. of the State of Okla.
  666 F.2d 1338· 10th Cir.· 1981-12-15 ·cited 10×
  The federal court held that the state court's determination that the confession was voluntary was supported by the record and should not have been overturned.
• Ferrell v. Secretary OF Defense
  662 F.2d 1179· 5th Cir.· 1981-12-07 ·cited 10×
  The court held that the Navy's failure to place Ferrell in the Mariner Program was not a material breach of his enlistment contract, and thus he was not entitled to rescission.
• Davis v. Morris
  657 F.2d 1104· 9th Cir.· 1981-10-01 ·cited 10×
  The court held that a hearing is necessary to determine the trial judge's specific reasons for denying the defendant's request to represent himself, particularly in light of pre-Faretta Ninth Circuit law regarding obstructionist conduct.
• Ruiz v. Cady
  660 F.2d 337· 7th Cir.· 1981-09-30 ·cited 10×
  The court held that the district court abused its discretion by granting a writ of habeas corpus as a default judgment solely due to the state's short delay in filing transcripts.
• Louie L. Wainwright v. Ward Thomas Evans
  403 So. 2d 1123· Fla. 5th DCA· 1981-09-23 ·cited 10×
  This case concerns whether a parolee who commits a crime in another state is entitled to a speedy parole revocation hearing under Florida statutes. The court analyzes the applicability of statutes governing interstate detainers and parole/probation supervision to parole violation
• Ware v. Gagnon
  659 F.2d 809· 7th Cir.· 1981-09-17 ·cited 10×
  A federal district court should address the merits of exhausted claims in a mixed habeas petition, but may affirm dismissal of an exhausted claim if it is frivolous.
• United States v. Mose Franklin Pearson
  655 F.2d 569· 5th Cir.· 1981-09-01 ·cited 10×
  The court held that using the same evidence for conspiracy and substantive counts does not violate double jeopardy, and a conviction as an aider and abettor is valid even if the principal was not convicted.
• Longval v. Meachum
  651 F.2d 818· 1st Cir.· 1981-06-19 ·cited 10×
  The court held that the trial judge's remarks during a lobby conference created a reasonable apprehension of vindictiveness, violating the defendant's due process rights by penalizing him for exercising his right to trial.
• Campbell v. Crist
  647 F.2d 956· 9th Cir.· 1981-06-08 ·cited 10×
  The court held that a federal court will not consider the merits of a habeas corpus petition if the petitioner has not exhausted available state judicial remedies.
• Junior Clay Walker v. Solem
  648 F.2d 1188· 8th Cir.· 1981-05-19 ·cited 10×
  The court held that factual disputes regarding ineffective assistance of counsel were not adequately developed in state court, requiring a federal evidentiary hearing.
• Unel Harris v. Blackburn
  646 F.2d 904· 5th Cir.· 1981-04-13 ·cited 10×
  The dissenting judge would affirm the denial of the habeas corpus petition, finding that the majority improperly conducted a de novo review of the evidence.
• Bizhan Daneshvar v. Chauvin
  644 F.2d 1248· 8th Cir.· 1981-04-03 ·cited 10×
  The district court correctly determined it lacked jurisdiction to review a final deportation order through a habeas corpus proceeding, as exclusive jurisdiction rests with the courts of appeals.
• Robinson v. Ralston
  642 F.2d 1077· 7th Cir.· 1981-03-05 ·cited 10×
• Drennon v. Norman B. Hess and the Attorney General
  642 F.2d 1204· 10th Cir.· 1981-03-03 ·cited 10×
  The court held that federal courts must allow state courts the opportunity to address alleged violations of federal rights arising from state law before granting habeas corpus relief, especially when supervening Supreme Court cases create new theories.
• Moore v. Louie L. Wainwright
  633 F.2d 406· 5th Cir.· 1980-12-22 ·cited 10×
  The court held that Florida's procedure, limiting free transcripts to portions relevant to assignments of error, does not unconstitutionally deny due process or equal protection, even when appellate counsel is new.
• Beshaw v. Fenton
  635 F.2d 239· 3d Cir.· 1980-12-15 ·cited 10×
  The court held that the transfer of a state prisoner to federal custody under 18 U.S.C. § 5003 is not limited to instances requiring specialized treatment, and a prisoner's transfer does not implicate due process liberty interests absent a specific entitlement under law.
• Brouillette v. Warden Frank W. Wood
  636 F.2d 215· 8th Cir.· 1980-12-12 ·cited 10×
  The court held that the petitioner's claims, including sufficiency of evidence and improper jury instructions, did not present a fundamental defect warranting federal habeas corpus relief.
• United States ex rel. Robert Pullia v. Luther
  635 F.2d 612· 7th Cir.· 1980-12-02 ·cited 10×
  The court held that the Parole Act's provision for termination of parole supervision after five years does not mandate automatic termination without a Commission decision and that the remedy for the Commission's failure to meet deadlines is to compel a decision, not automatic rel
• Grigsby v. Mabry
  637 F.2d 525· 8th Cir.· 1980-11-06 ·cited 10×
  The court affirmed a landlord's non-liability for a tenant's injuries resulting from a defective condition on the leased premises, adhering to the common law rule of caveat lessee in the absence of statutory modification.
• Pressie Hughes, Jr. v. Hopper
  629 F.2d 1036· 5th Cir.· 1980-11-03 ·cited 10×
• United States ex rel. Lawrence Williams v. Morris
  633 F.2d 71· 7th Cir.· 1980-10-22 ·cited 10×
  The failure to inform a state criminal defendant of a mandatory parole term attached to a negotiated plea agreement violates the Due Process Clause of the Fourteenth Amendment, unless the defendant had no basis for expecting less than the statutory maximum or the sentence imposed
• Grochulski v. Henderson
  637 F.2d 50· 2d Cir.· 1980-10-03 ·cited 10×
  The court held that the trial court did not err in refusing to order the prosecutor to grant immunity to defense witnesses, nor in excluding an out-of-court statement offered by the defense, as these rulings did not deprive the defendant of a fair trial.
• Ivie Clay v. Dir., Juv. Div., Dep't OF Corr.
  631 F.2d 516· 7th Cir.· 1980-10-01 ·cited 10×
  The court held that a juvenile's guilty plea may be constitutionally inadequate if the juvenile was unaware of available defenses or misunderstood the terms of a plea agreement.
• Block v. Potter
  631 F.2d 233· 3d Cir.· 1980-09-23 ·cited 10×
  The court held that the Virgin Islands Parole Statute does not create a liberty interest in parole, and therefore due process protections do not attach to parole denials. The court also found that denying parole based on a prisoner's advantageous social and economic background, a
• Patrick v. Camden Cnty. Prosecutor
  630 F.2d 206· 3d Cir.· 1980-09-18 ·cited 10×
  The court held that while a plea bargain violation warrants habeas corpus relief, the district court erred in dictating the specific remedy, as the state court should have discretion to choose between vacating the plea or specific performance.
• Phillips v. Louie L. Wainwright
  624 F.2d 585· 5th Cir.· 1980-08-20 ·cited 10×
  The exclusion of expert testimony opining that the defendant acted in self-defense, when such opinion extends beyond the scope of their professional expertise, does not violate due process.
• Goldman v. Anderson
  625 F.2d 135· 6th Cir.· 1980-07-25 ·cited 10×
  The court held that the petitioner's claims were procedurally barred or lacked merit, affirming the dismissal of his habeas corpus petition.
• Massie v. Sumner
  624 F.2d 72· 9th Cir.· 1980-06-30 ·cited 10×
  A defendant cannot waive the automatic appeal of a death sentence, as it serves a public interest in ensuring the fairness and accuracy of capital punishment proceedings.
• Piccirillo v. Louie L. Wainwright
  382 So. 2d 743· Fla. 1st DCA· 1980-03-28 ·cited 10×
  A Florida appellate court affirmed the summary denial of a habeas corpus petition challenging the constitutionality of a prison disciplinary proceeding. The inmate claimed denial of due process based on an allegedly biased committee member, insufficient preparation time, and inab
• Cherry v. Dir., State Bd. OF Corr.
  613 F.2d 1262· 5th Cir.· 1980-03-17 ·cited 10×
• United States v. Hach
  615 F.2d 1203· 8th Cir.· 1980-02-22 ·cited 10×
  A defendant's guilty plea extinguishes their right to raise a claim regarding violations of the Interstate Agreement on Detainers Act (IAD) because such violations are non-jurisdictional and waivable. Furthermore, allegations of ineffective assistance of counsel were unsubstantia
• Corbett v. Bordenkircher
  615 F.2d 722· 6th Cir.· 1980-02-22 ·cited 10×
  The dissenting judge would have remanded the case for a determination of prejudice to the defendant's right to a fair trial.
• Lincoln Isaac v. Engle
  646 F.2d 1122· 6th Cir.· 1980-02-08 ·cited 10×
  The court held that Ohio's contemporaneous objection rule could not be used to deny the retroactive benefit of the Robinson decision, as doing so violated due process.
• United States v. Gross
  614 F.2d 365· 3d Cir.· 1980-02-07 ·cited 10×
  The court held that the conduct found, consisting of a deputy marshal annoying some jurors and expressing romantic interest in one, did not rise to the level of fundamental error required for a writ of coram nobis.
• Vito Finetti v. Harris
  609 F.2d 594· 2d Cir.· 1979-09-12 ·cited 10×
  A judge must state reasons for denying bail to prevent arbitrary decisions and protect constitutional rights.
• Callahan v. LeFEVRE
  605 F.2d 70· 2d Cir.· 1979-09-06 ·cited 10×
  A jury instruction that effectively directed a verdict of guilty on an element of the offense, by focusing the jury solely on the testimony of two witnesses and failing to provide a standard for belief, infected the entire trial and violated due process.
• Earnest Lee Thomas v. Estelle
  603 F.2d 488· 5th Cir.· 1979-08-28 ·cited 10×
  A jail-house lawyer cannot represent another inmate in a civil rights action, and the inmate's claims failed to state a cause of action.