Habeas Corpus

18,784 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Wardell Riley v. Louie L. Wainwright
  778 F.2d 1544· 11th Cir.· 1985-12-11 ·cited 9×
  The court held that the petitioner failed to establish ineffective assistance of counsel or a violation of his constitutional rights regarding the imposition of the death sentence.
• Isaacs v. Kemp
  778 F.2d 1482· 11th Cir.· 1985-12-09 ·cited 9×
  The court held that the petitioners were entitled to habeas corpus relief based on presumed prejudice due to pretrial publicity and inflammatory community atmosphere, reversing the district court's denial of their petitions.
• Shack v. The Attorney Gen. OF the State OF Pa.
  776 F.2d 1170· 3d Cir.· 1985-11-14 ·cited 9×
  The failure to provide a pre-transfer hearing under the Interstate Agreement on Detainers (IAD) does not render a subsequent conviction in the receiving state invalid, nor does it justify habeas corpus relief.
• Darden v. Louie L. Wainwright
  767 F.2d 752· 11th Cir.· 1985-07-23 ·cited 9×
  The court holds that a juror's opposition to the death penalty does not automatically disqualify them if they can still apply the law impartially.
• Moore v. Wyrick
  766 F.2d 1253· 8th Cir.· 1985-07-10 ·cited 9×
  The majority erred in finding that the Missouri Supreme Court's retroactive application of its felony murder statute construction deprived the petitioner of due process.
• Harris v. Louie L. Wainwright
  473 So. 2d 1246· Fla.· 1985-06-13 ·cited 9×
  Theodore Harris, convicted and sentenced to death for a 1981 murder, seeks post-conviction habeas corpus relief claiming his appellate counsel was ineffective for inadequately challenging the validity of the arrest warrant affidavit. The Florida Supreme Court denies relief, holdi
• Swicegood v. U.S. Parole Comm'n & Warden Rison
  755 F.2d 880· 11th Cir.· 1985-03-20 ·cited 9×
  The court held that the petitioner was not denied due process because he forfeited any good time credits due to parole violations, rendering the delay in sentence aggregation harmless.
• Geric Green v. McGOUGAN
  744 F.2d 1189· 5th Cir.· 1984-10-29 ·cited 9×
  The court held that a federal habeas petitioner's claims of an involuntary guilty plea and ineffective assistance of counsel lacked merit and were properly denied.
• Shannon v. Anabel P. Mitchell
  460 So. 2d 910· Fla. 4th DCA· 1984-04-11 ·cited 9×
  The court held that habeas corpus is the proper remedy for a prisoner seeking immediate release due to an improperly calculated Presumptive Parole Release Date (PPRD).
• Baranko v. Louie L. Wainwright
  448 So. 2d 1067· Fla. 1st DCA· 1984-03-21 ·cited 9×
  Frank Baranko petitioned for habeas corpus challenging the Department of Corrections' calculation of his gain-time under Florida's new Correctional Reform Act of 1983. The court found that the Department improperly added 310 days for forfeiture of gain-time and deducted 121 days
• Nerison v. Solem
  715 F.2d 415· 8th Cir.· 1983-08-24 ·cited 9×
  The court held that federal habeas corpus review is barred by procedural default for claims not raised in state court, absent a showing of cause and prejudice, and that the denial of a continuance or substitution of counsel was not an abuse of discretion absent prejudice.
• Lampkins v. Gagnon
  710 F.2d 374· 7th Cir.· 1983-06-21 ·cited 9×
  The court held that Wisconsin's presumptive intent and party-to-a-crime jury instructions did not violate the defendant's constitutional rights, and affirmed the denial of habeas corpus.
• Bontempo v. Fenton
  692 F.2d 954· 3d Cir.· 1982-11-16 ·cited 9×
  The court held that the defendant's Sixth Amendment right to counsel was violated because he did not knowingly and intelligently waive his right to counsel when he made an unsworn statement to the jury.
• Brim v. Solem
  693 F.2d 44· 8th Cir.· 1982-11-12 ·cited 9×
  The court held that the district court properly dismissed the habeas petition based on laches and sufficient evidence that the petitioner was advised of his right to appeal.
• Spivey v. Zant
  683 F.2d 881· 5th Cir.· 1982-08-16 ·cited 9×
  The court held that the district court erred in quashing a subpoena duces tecum for an attorney's file, as the work product doctrine and client ownership arguments were inapplicable. The error denied the petitioner access to potentially crucial evidence.
• Booker v. Louie L. Wainwright
  675 F.2d 1150· 10th Cir.· 1982-04-20 ·cited 9×
  The court granted a stay of execution to allow for proper consideration of the petitioner's claims, acknowledging the late filing but emphasizing the need to adjudicate the merits.
• Pierce v. Parratt
  666 F.2d 1205· 8th Cir.· 1981-12-16 ·cited 9×
  The court's holding is not explicitly stated as this is a concurring opinion reiterating a dissent. However, the concurring judge believes the Nebraska habitual criminal statute is unconstitutional.
• McKINNEY v. Estelle
  657 F.2d 740· 5th Cir.· 1981-09-30 ·cited 9×
  The court held that the prosecutor's improper argument, in the context of prior improprieties and the lack of a ruling on the objection, deprived the defendant of a fair trial.
• McCLAIN v. Honorable Charles Kitchen
  659 F.2d 870· 8th Cir.· 1981-09-23 ·cited 9×
  The court held that the district court correctly dismissed the habeas corpus petition for failure to exhaust state remedies and the civil rights claims for failure to state a cause of action.
• Murray v. Superintendent, Ky. State Penitentiary
  651 F.2d 451· 6th Cir.· 1981-06-15 ·cited 9×
  The court held that the admission of prior convictions and mug shot evidence, with a limiting instruction at the close of evidence, did not violate due process under the Constitution.
• Hampesle Lee Johnson, Sr. v. State
  390 So. 2d 1234· Fla. 5th DCA· 1980-12-10 ·cited 9×
  Hampesle Lee Johnson petitioned for a writ of habeas corpus in the Florida District Court of Appeal, Fifth District, alleging he was illegally convicted of an unspecified criminal charge in July 1980. The court denied the petition, holding that habeas corpus cannot be used to rai
• Abell v. Frank
  625 F.2d 653· 5th Cir.· 1980-09-11 ·cited 9×
  The court held that abstention under the Pullman doctrine is appropriate because a newly enacted state privilege statute may resolve the federal constitutional issues presented.
• Streeter v. Hopper
  618 F.2d 1178· 5th Cir.· 1980-06-13 ·cited 9×
  The court held that the district court did not err in ordering the transfer of prisoners endangered by conditions at Reidsville, as the claim involved conditions of confinement under § 1983, not habeas corpus, and exhaustion of state remedies was not required.
• Geter v. Wainwright
  380 So. 2d 1203· Fla. 3d DCA· 1980-03-17 ·cited 9×
  A lengthy mandatory prison sentence cannot be imposed as a condition of probation, as it primarily serves to punish and may improperly divest the Parole Board of its authority.
• Lovett v. Butterworth
  610 F.2d 1002· 1st Cir.· 1979-12-13 ·cited 9×
  The court held that a prosecutor's substitution of a more serious charge after a defendant exercises their right to appeal de novo, even if due to prosecutorial error, violates due process by creating a realistic likelihood of vindictiveness.
• McFARLAND v. Smith
  611 F.2d 414· 2d Cir.· 1979-10-29 ·cited 9×
  The dissenting judge believes the majority erred in reversing the state court's decision, finding no appeal to racial prejudice in the prosecutor's remarks.
• Klimas v. Mabry
  603 F.2d 158· 8th Cir.· 1979-08-13 ·cited 9×
  The court denied a rehearing en banc, allowing a panel decision to stand which potentially requires a new trial or release for the petitioner.
• Martineau v. Perrin
  601 F.2d 1196· 1st Cir.· 1979-06-25 ·cited 9×
  The court held that the petitioner knowingly and deliberately waived his Sixth Amendment right to a public trial by failing to object when his attorney made a tactical decision to keep the courtroom doors locked.
• Williams v. Smith
  591 F.2d 169· 2d Cir.· 1979-01-16 ·cited 9×
  A guilty plea entered without full knowledge of sentencing consequences is constitutionally valid if the defendant would have pleaded guilty even with accurate information.
• Rhodes v. Estelle
  582 F.2d 972· 5th Cir.· 1978-10-26 ·cited 9×
  The court held that the petitioner failed to meet his burden of proof regarding ineffective assistance of counsel for prior guilty pleas.
• Arthur v. The Honorable Carl H. Harper
  371 So. 2d 96· Fla. 4th DCA· 1978-10-06 ·cited 9×
  The Fourth District Court of Appeal held that trial courts retain discretion to grant bail in life felony cases even when proof of guilt is evident and presumption is great, contrary to the literal language of Florida's constitutional bail provision. The court reasoned that the c
• United States v. Fernandez-Guzman
  577 F.2d 1093· 7th Cir.· 1978-05-23 ·cited 9×
  A deficient post-arrest complaint under Rule 5(a) does not retroactively invalidate a warrantless arrest if probable cause existed at the time of arrest, and the district court may consider evidence outside the complaint on a motion to suppress.
• Fairbanks v. Cowan
  551 F.2d 97· 6th Cir.· 1977-03-03 ·cited 9×
  The court held that the use of the victim's father as an interpreter for the victim, who had the mental capacity of a six-year-old, constituted fundamental unfairness in violation of due process.
• Britt v. Elwood S. McKENNEY
  529 F.2d 44· 1st Cir.· 1976-01-23 ·cited 9×
  The court held that indigent defendants are not constitutionally entitled to state-provided transcripts of probable cause hearings, and that the claims of some plaintiffs were moot.
• Harris v. Superintendent, VA. State Penitentiary
  518 F.2d 1173· 4th Cir.· 1975-07-07 ·cited 9×
  A guilty plea is not voluntary and intelligent if induced by a broken prosecutorial promise to recommend a specific sentence, even if the recommendation is not binding on the court.
• Maness v. Louie L. Wainwright
  512 F.2d 88· 5th Cir.· 1975-04-25 ·cited 9×
  The court should have admitted evidence tending to exculpate the defendant, Gary Maness, and the case should be remanded for a new trial.
• Betonie v. Captain W. G. Sizemore
  496 F.2d 1001· 5th Cir.· 1974-07-05 ·cited 9×
  The Sixth Amendment's guarantee of assistance of counsel protects enlisted military personnel brought before summary courts-martial in cases that may result in imprisonment.
• Wesley v. State OF Ala.
  488 F.2d 30· 5th Cir.· 1974-01-11 ·cited 9×
  The court held that the state court's evidentiary hearing was not full and fair, and the federal district court erred in denying habeas relief without conducting its own evidentiary hearing on the issues of denial of counsel and coerced guilty plea.
• Russell v. Honorable Judge Lamar Knight
  488 F.2d 96· 5th Cir.· 1973-12-05 ·cited 9×
  The court held that a petition styled as mandamus, alleging denial of appeal rights, could be treated as a petition for writ of habeas corpus.
• Winters v. Cook
  466 F.2d 1393· 5th Cir.· 1972-09-20 ·cited 9×
  A guilty plea does not waive the right to challenge jury composition if the defendant was unaware of that right.
• Booker T. Washington Barker v. Louie L. Wainwright
  459 F.2d 8· 5th Cir.· 1972-04-06 ·cited 9×
  The court held that while some grounds for habeas relief were properly denied, an evidentiary hearing is required for the claim of ineffective assistance of appellate counsel due to an inadequate record.
• Frazier v. Louie L. Wainwright
  255 So. 2d 291· Fla. 4th DCA· 1971-12-10 ·cited 9×
• United States ex rel. Clarence Tyler v. Henderson
  453 F.2d 790· 5th Cir.· 1971-11-16 ·cited 9×
  The court held that the asylum state's habeas corpus review is limited to three specific questions regarding rendition proceedings.
• Stephen v. Smith
  438 F.2d 979· 5th Cir.· 1971-02-16 ·cited 9×
  The court held that the appellant knowingly and voluntarily entered valid guilty pleas with the aid of counsel, waiving non-jurisdictional defects.
• Hunt v. Keriakos
  428 F.2d 606· 1st Cir.· 1970-06-19 ·cited 9×
  The court held that explicit photographs of female anatomy, even when posed, are not obscene if no sexual activity is depicted, and reversed convictions based on such material.
• Walsh v. United States
  423 F.2d 687· 9th Cir.· 1970-03-04 ·cited 9×
  The court held that the District Court had jurisdiction to resentence the appellant and that the delay in resentencing did not violate his constitutional rights or statutory limitations.
• Sturgis v. United States
  419 F.2d 390· 5th Cir.· 1969-12-08 ·cited 9×
  The court held that the statute governing parole violators permits incarceration past the original sentence expiration date if the parolee violates parole.
• Tinney v. Wilson
  408 F.2d 912· 9th Cir.· 1969-02-28 ·cited 9×
  The court held that the search of the defendant's pocket for pills exceeded the scope of a lawful frisk for weapons and that the subsequent discovery of marijuana was the fruit of an unconstitutional search.
• Nunn v. Wilson
  371 F.2d 113· 9th Cir.· 1967-01-17 ·cited 9×
  The court held that the appellant's repeated attempts to delay trial and secure counsel, despite ample opportunity and warnings, constituted a waiver of his right to counsel, and that his waiver of a jury trial was intelligent.
• United States v. Hon. Harold W. Follette (Successor to Hon. Edward M. Fay)
  367 F.2d 559· 2d Cir.· 1966-10-24 ·cited 9×
  The court held that the trial judge's refusal to appoint a commission to determine competency, based on the evidence presented, did not violate due process.