Habeas Corpus

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

• Martineau v. Perrin
  601 F.2d 1201· 1st Cir.· 1979-07-12 ·cited 10×
  The court held that the petitioner's parole revocation did not violate his due process rights, and the state courts had sufficient information to review the parole board's decision without an additional federal evidentiary hearing.
• Ellis v. Mabry
  601 F.2d 363· 8th Cir.· 1979-07-09 ·cited 10×
  The court held that a district court cannot dismiss a habeas corpus petition under Rule 9(a) or (b) without making specific findings regarding prejudice or abuse of the writ, and must hold a hearing on the merits if issues have not been previously decided.
• Brady v. U. S. Parole Comm'n
  600 F.2d 234· 9th Cir.· 1979-07-05 ·cited 10×
  The appeal is dismissed as moot because the appellant has been released on parole and does not challenge the validity of his conviction.
• Cook v. Hanberry
  596 F.2d 658· 5th Cir.· 1979-06-06 ·cited 10×
  A prisoner's claim for transfer to a different facility is moot if he has already been transferred, and allegations of mistreatment, even if true, do not entitle him to release from custody.
• Perez v. Louie L. Wainwright
  594 F.2d 159· 5th Cir.· 1979-05-01 ·cited 10×
  The court held that while counsel's false statement in open court regarding the filing of an appeal was a dereliction of duty, it did not rise to the level of fundamental unfairness required to violate the Fourteenth Amendment's due process clause, and thus habeas corpus relief w
• Reeves v. Amos E. Reed
  596 F.2d 628· 4th Cir.· 1979-04-19 ·cited 10×
  The jury instructions, when viewed in their entirety, correctly placed the burden of proof on the state and did not deprive the defendant of due process.
• Niemann v. Parratt
  596 F.2d 316· 8th Cir.· 1979-04-06 ·cited 10×
  The court held that an indeterminate sentence of 20 years to life for second-degree murder was permissible under Nebraska law as it existed at the time of sentencing.
• Wilson v. Harris
  595 F.2d 101· 2d Cir.· 1979-03-19 ·cited 10×
  A defendant who voluntarily and knowingly absents himself from his trial, through disruptive conduct or refusal to appear, waives his constitutional right to be present.
• United States ex rel. Lawrence Williams v. Morris
  594 F.2d 614· 7th Cir.· 1979-03-13 ·cited 10×
  The court held that petitioners failed to demonstrate the futility of pursuing available state remedies for their claims regarding the lack of admonishment about mandatory parole periods.
• Harned v. Henderson
  588 F.2d 12· 2d Cir.· 1978-11-21 ·cited 10×
  A guilty plea is not voluntary in a constitutional sense if the defendant did not receive real notice of the true nature of the charge against him.
• Harris v. Estelle
  583 F.2d 775· 5th Cir.· 1978-11-09 ·cited 10×
  The court held that the petitioner was not denied an effective appeal because a suitable alternative to a verbatim transcript was provided, even though the original transcript was incomplete.
• United States ex rel. James Barksdale v. Allyn R. Sielaff
  585 F.2d 288· 7th Cir.· 1978-10-11 ·cited 10×
  The court affirmed the district court's dismissal of speedy trial and evidentiary claims, but reversed and remanded with instructions to dismiss the Fourth Amendment claim based on Stone v. Powell.
• Matthews v. Hayden J. Dees
  579 F.2d 929· 5th Cir.· 1978-09-07 ·cited 10×
  A defendant cannot be imprisoned beyond the statutory maximum solely due to indigency preventing pre-sentencing bond.
• Landry v. State OF Ala.
  579 F.2d 353· 5th Cir.· 1978-09-01 ·cited 10×
  The court held that the district court correctly denied the habeas corpus petition, affirming the conviction and sentence as constitutional.
• Bentura Flores v. Estelle
  578 F.2d 80· 5th Cir.· 1978-08-08 ·cited 10×
  A federal court need not hold an evidentiary hearing if a full and fair state hearing was held and the federal judge can adjudicate the case without repeating the process.
• McCLURE v. Hopper
  577 F.2d 938· 5th Cir.· 1978-08-02 ·cited 10×
  The court held that the district court retained jurisdiction despite the petitioner's transfer and that the petitioner's claims regarding an increased sentence after retrial were without merit.
• Blenski v. Bronson LaFOLLETTE
  581 F.2d 126· 7th Cir.· 1978-07-17 ·cited 10×
  The court held that the district court did not err in denying the petitioner's motion for production of trial transcripts, and that the petitioner's claims regarding jury instructions and statutory constitutionality were procedurally barred or required state court determination.
• Wilson v. Cowan
  578 F.2d 166· 6th Cir.· 1978-06-30 ·cited 10×
  The court held that the petitioner was denied effective assistance of counsel due to his attorney's failure to present an alibi witness, which deprived him of his only defense.
• Kelsey v. Fitzgerald
  574 F.2d 443· 8th Cir.· 1978-04-20 ·cited 10×
  A state judge is immune from damages liability under 42 U.S.C. § 1983 for actions taken in his judicial capacity, and a claim for injunctive relief based on the denial of post-conviction relief fails if the state law does not guarantee unlimited such relief.
• Doyle A. Jones v. The Honorable Terry L. Shell
  572 F.2d 1278· 8th Cir.· 1978-04-06 ·cited 10×
  The court held that the district court's extreme delay in ruling on the habeas corpus petition violated the petitioner's due process rights and the appellate court's mandate.
• Gardner v. Blackburn
  569 F.2d 856· 5th Cir.· 1978-03-15 ·cited 10×
  The court held that the district court erred in reviewing the wrong trial record for one claim and that other claims were either abandoned or unexhausted in state courts.
• Watkins v. Solem
  571 F.2d 435· 8th Cir.· 1978-03-02 ·cited 10×
  A guilty plea is not rendered involuntary by a prosecutor's offer to refrain from filing more serious charges in exchange for a plea, provided the plea is made intelligently and voluntarily.
• Ferrell v. Estelle
  568 F.2d 1128· 5th Cir.· 1978-03-02 ·cited 10×
  The court held that the trial court erred by failing to provide adequate means for a deaf defendant to understand the proceedings, thus violating his Sixth Amendment rights to confrontation and to assist in his defense.
• Hamp Grace v. Hopper
  566 F.2d 507· 5th Cir.· 1978-01-17 ·cited 10×
  The Court held that Georgia law, which places the burden on the defendant to prove insanity by a preponderance of the evidence, is constitutional and consistent with Supreme Court precedent like Leland v. Oregon.
• Frady v. U. S. Bureau OF Prisons & Norman Carlson
  570 F.2d 1027· D.C. Cir.· 1978-01-09 ·cited 10×
  A later-enacted general federal statute does not supersede a specific District of Columbia statute barring parole eligibility for first-degree murderers unless Congress explicitly intended it to do so.
• United States ex rel. Ciro M. Caruso v. United States Bd. of Parole
  570 F.2d 1150· 3d Cir.· 1978-01-05 ·cited 10×
  A state prisoner is not entitled to an immediate federal parole revocation hearing when an unexecuted federal parole violator warrant is lodged as a detainer, especially when the warrant is based on a felony committed while on parole.
• Stidham v. Wyrick
  567 F.2d 836· 8th Cir.· 1977-12-29 ·cited 10×
  The court held that the procedures employed to revoke Stidham's parole complied with due process, and thus his petition for a writ of habeas corpus was properly denied.
• Crowell v. Zahradnick
  571 F.2d 1257· 4th Cir.· 1977-12-20 ·cited 10×
  The court held that the petitioner failed to exhaust state remedies by raising a new constitutional claim for the first time on appeal, and the claim was also barred by state procedural grounds.
• Annunziato v. Manson
  566 F.2d 410· 2d Cir.· 1977-11-21 ·cited 10×
  The court held that the state's failure to disclose a key witness's leniency agreement, which led to false testimony, violated the defendant's constitutional rights and warranted a new trial.
• Smith v. Estelle
  562 F.2d 1006· 5th Cir.· 1977-11-11 ·cited 10×
  The court held that the plea agreement was supported by sufficient consideration, and the dismissal of the appeal was voluntary, thus affirming the denial of habeas corpus relief.
• Chaney v. Louie L. Wainwright
  561 F.2d 1129· 5th Cir.· 1977-10-31 ·cited 10×
  The dissenting judge would hold that a minor's request to contact his mother must be honored before custodial interrogation, and failure to do so renders subsequent statements inadmissible.
• Armstrong v. Egeler
  563 F.2d 796· 6th Cir.· 1977-10-10 ·cited 10×
  A criminal defendant's guilty plea is constitutionally invalid if made without understanding that he will be ineligible for parole, as this constitutes a failure to understand the consequences of the plea.
• Bryant v. Grinner
  563 F.2d 871· 7th Cir.· 1977-10-06 ·cited 10×
  The court held that under current law, the delay in holding a parole revocation hearing did not warrant the petitioner's unconditional release.
• Efrid Brown and William J. Johnson, Jr. v. Gunter
  562 F.2d 122· 1st Cir.· 1977-09-13 ·cited 10×
  The United States Constitution does not prevent states from adopting rules that allow a discharged but still isolated jury to correct its verdict after it has been recorded, provided no outside influence has tainted the correction.
• McQUEEN v. Swenson
  560 F.2d 959· 8th Cir.· 1977-08-23 ·cited 10×
• Layne v. Gunter
  559 F.2d 850· 1st Cir.· 1977-08-04 ·cited 10×
  The court held that dismissal without prejudice was appropriate, as the state appellate process was moving forward and federal intervention was not warranted.
• Donovan v. Davis
  558 F.2d 201· 4th Cir.· 1977-06-24 ·cited 10×
  The court held that allowing seven jurors who served on a prior acquittal trial to sit on a subsequent trial for a different offense created a substantial likelihood of bias, violating the defendant's right to an impartial jury.
• Darling Siplin v. State
  346 So. 2d 648· Fla. 1st DCA· 1977-06-07 ·cited 10×
• Mills v. Estelle
  552 F.2d 119· 5th Cir.· 1977-05-12 ·cited 10×
  The Sixth Amendment confrontation clause does not compel admission of a prosecution witness's remote prior conviction for general impeachment purposes when there is no claim of bias or official pressure.
• Lopez v. Malley
  552 F.2d 682· 10th Cir.· 1977-04-15 ·cited 10×
  The court held that an escaped prisoner's appeal, including a habeas corpus petition, should be dismissed because the prisoner's escape moots the appeal.
• United States ex rel. Eddie Lee Anthony v. Allyn R. Sielaff
  552 F.2d 588· 7th Cir.· 1977-04-08 ·cited 10×
  The court held that the trial judge's communication with the jury, specifically the polling that created a time reference for deliberation, amounted to coercion and violated the petitioner's right to an uncoerced verdict.
• Sand v. Estelle
  551 F.2d 49· 5th Cir.· 1977-04-05 ·cited 10×
  The court held that a guilty plea is not infirm if prior convictions could have been used for sentence enhancement, even if counsel failed to investigate their validity. The case is remanded to determine if the prior convictions were indeed valid for enhancement.
• Cole v. Estelle
  548 F.2d 1164· 5th Cir.· 1977-03-17 ·cited 10×
  The Supreme Court's decision in Stone v. Powell precludes federal habeas corpus relief when a state has provided a full and fair opportunity to litigate a Fourth Amendment claim.
• Turnbough v. Wyrick
  551 F.2d 202· 8th Cir.· 1977-03-11 ·cited 10×
  The court held that a habeas corpus petitioner who openly offered a prior uncounseled conviction as part of his case in chief, and did not object or raise the issue on direct appeal, is estopped from later challenging the conviction's validity on habeas review.
• Reid v. Riddle
  550 F.2d 1003· 4th Cir.· 1977-03-10 ·cited 10×
  The use of a defendant's post-arrest silence to impeach their testimony violates the Due Process Clause of the Fourteenth Amendment and is not harmless error if the case turned on credibility.
• Holmberg v. Parratt
  548 F.2d 745· 8th Cir.· 1977-02-01 ·cited 10×
  Federal courts cannot grant habeas corpus relief on Fourth Amendment claims if the state provided a full and fair opportunity to litigate the claim.
• Gennero Galtieri v. Louie L. Wainwright
  545 F.2d 942· 5th Cir.· 1977-01-20 ·cited 10×
• Midgett v. McCLELLAND
  547 F.2d 1194· 4th Cir.· 1977-01-13 ·cited 10×
  The court held that imposing a heavier sentence after a retrial, without justification based on conduct occurring after the first trial, violates due process and appears retaliatory.
• Ballard v. Maggio
  544 F.2d 1247· 5th Cir.· 1977-01-10 ·cited 10×
  The court held that the petitioner had sufficiently exhausted state remedies regarding ineffective assistance of counsel and remanded for an evidentiary hearing to determine if counsel's ineffectiveness rendered the guilty plea involuntary.
• Rigsbee v. Parkinson
  545 F.2d 56· 8th Cir.· 1976-11-19 ·cited 10×
  Federal courts should not grant habeas corpus relief for Fourth Amendment claims if the state provided an opportunity for full and fair litigation of those claims.