Habeas Corpus

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

• Campino v. United States
  968 F.2d 187· 2d Cir.· 1992-06-22 ·cited 8×
  Failure to raise a claim on direct appeal constitutes a procedural default that bars collateral review under 28 U.S.C. § 2255 unless the defendant demonstrates both cause for the default and prejudice resulting from the alleged error.
• Guess v. Barton
  599 So. 2d 770· Fla. 1st DCA· 1992-06-05 ·cited 8×
  The court held that a summary denial of a habeas corpus petition is improper if the petition's allegations, taken as true, could establish a cause of action.
• Lewis v. Huch
  964 F.2d 670· 7th Cir.· 1992-05-20 ·cited 8×
  The court affirmed the denial of the habeas petition, holding that the petitioner knowingly and intelligently waived her right to conflict-free counsel and that the trial court's actions did not violate her due process rights.
• Romero v. Collins
  961 F.2d 1181· 5th Cir.· 1992-05-19 ·cited 8×
  The court granted the State's motion to vacate the stay of execution, holding that the petitioner's claims did not sufficiently implicate actual innocence to warrant consideration in a successive habeas petition.
• Schiro v. Clark
  963 F.2d 962· 7th Cir.· 1992-05-08 ·cited 8×
  The court held that the Indiana death penalty statute, which allows a judge to impose a death sentence despite a jury's recommendation for life imprisonment, does not violate the U.S. Constitution, and that the defendant's double jeopardy and ineffective assistance of counsel cla
• Tal-Mason v. Singletary
  596 So. 2d 796· Fla. 4th DCA· 1992-04-08 ·cited 8×
  The court held that the petitioner was effectively denied his right to a direct appeal due to the late appointment of counsel and the subsequent dismissal of his appeal without opportunity to respond.
• Z.R. v. State
  596 So. 2d 723· Fla. 5th DCA· 1992-03-20 ·cited 8×
  Two juveniles petitioned for habeas corpus relief after being held in detention for more than twenty-one days without an adjudicatory hearing, in violation of Florida law. Although the juveniles subsequently received their hearings, the court addressed the merits as a matter capa
• McGRUDER v. Puckett
  954 F.2d 313· 5th Cir.· 1992-02-27 ·cited 8×
  A sentence of life imprisonment without parole for an habitual offender, based on prior convictions including violent crimes, is not unconstitutionally disproportionate under the Eighth Amendment.
• Stewart v. Peters
  958 F.2d 1379· 7th Cir.· 1992-02-27 ·cited 8×
  A guilty plea is voluntary and intelligent if the defendant understands the rights they are waiving and the consequences of the plea, even if the record lacks explicit admissions or detailed explanations of statutory elements.
• Jackson v. Johnson
  950 F.2d 263· 5th Cir.· 1992-01-09 ·cited 8×
  The court held that the district court erred in dismissing the civil rights lawsuit as time-barred without fully developing the factual record regarding Texas tolling doctrines.
• Goldstein v. Navarro
  590 So. 2d 20· Fla. 4th DCA· 1991-11-27 ·cited 8×
  Roger Goldstein petitioned for habeas corpus relief challenging his incarceration for civil contempt based on failure to pay alimony. The court denied the petition, holding that while a specific finding of ability to pay is required under Bowen v. Bowen, Goldstein was not entitle
• Lewandowski v. Makel
  949 F.2d 884· 6th Cir.· 1991-11-22 ·cited 8×
  The court held that the district court did not err in finding ineffective assistance of counsel and ordering release, as counsel's failure to inform the petitioner of the risks of appeal constituted prejudice.
• Paris Hoyt Carriger v. Lewis
  948 F.2d 588· 9th Cir.· 1991-11-04 ·cited 8×
  The court held that the district court's orders granting summary judgment and refusing to vacate it are affirmed, while its subsequent Rule 60(b) orders are vacated for want of jurisdiction, and the second habeas petition is dismissed.
• Clark v. Ricketts
  942 F.2d 567· 9th Cir.· 1991-08-09 ·cited 8×
  The court held that the appellant's Sixth Amendment right of confrontation was not violated by the concealment of a witness's identity and address, and that his Fifth and Sixth Amendment claims regarding a presentence interview were either frivolous or procedurally barred. The co
• Turner v. State OF Tenn.
  940 F.2d 1000· 6th Cir.· 1991-08-07 ·cited 8×
  The Sixth Circuit majority erred in applying a rebuttable presumption of vindictiveness to the state's executive discretion in offering a plea bargain.
• Jones v. Jones
  938 F.2d 838· 8th Cir.· 1991-07-09 ·cited 8×
  The court held that the district court did not err in denying the petition for a writ of habeas corpus, affirming the denial of relief on claims of jury discrimination, prosecutorial misconduct, inconsistent verdicts, and ineffective assistance of counsel.
• Jewell Williamson v. Jones
  936 F.2d 1000· 8th Cir.· 1991-06-20 ·cited 8×
  The court affirmed the denial of habeas corpus relief, finding that the appellant's claims were either procedurally barred or without merit under established legal standards.
• Morrison v. Duckworth
  929 F.2d 1180· 7th Cir.· 1991-04-11 ·cited 8×
  The court held that even if the state court erred by admitting a nontestifying codefendant's confession, the error was harmless beyond a reasonable doubt due to the appellant's own incriminating statements.
• Hernandez v. Ylst
  930 F.2d 714· 9th Cir.· 1991-04-10 ·cited 8×
  The court held that the petitioner's federal constitutional rights were not violated by the state court's failure to hold a pre-trial competency hearing, as the evidence presented did not raise a substantial doubt of his competency to stand trial.
• Thompson v. Mo. Bd. OF Parole & United States Attorney
  929 F.2d 396· 8th Cir.· 1991-03-29 ·cited 8×
  The court held that the prisoner is entitled to parole credit for the two years he served in prison due to the state's vindictive denial of parole, and thus must receive parole discharge consideration.
• Hart v. Marion Corr. Inst.
  927 F.2d 256· 6th Cir.· 1991-03-05 ·cited 8×
  The court held that a guilty plea is not intelligently entered if the defendant is misinformed about the maximum potential sentence by the court and counsel.
• Tamayo-Reyes v. J.C. Keeney
  926 F.2d 1492· 9th Cir.· 1991-03-04 ·cited 8×
  The court held that the district court erred in denying an evidentiary hearing on the claim that the defendant's nolo contendere plea was unconstitutional due to inadequate translation of the mens rea element of manslaughter, as the material facts were not adequately developed in
• Reese v. Peters
  926 F.2d 668· 7th Cir.· 1991-02-28 ·cited 8×
  Representation by a lawyer suspended for failure to pay dues does not automatically constitute ineffective assistance of counsel under the Sixth Amendment.
• Talal B. Jammal v. VAN DE Kamp
  926 F.2d 918· 9th Cir.· 1991-02-28 ·cited 8×
  The admission of evidence showing the petitioner was found with a large sum of cash in his car did not violate his due process rights, as it was rationally inferable that he also possessed the cash and drugs found earlier.
• Thigpen v. Thigpen
  926 F.2d 1003· 11th Cir.· 1991-02-26 ·cited 8×
  The court affirmed the district court's denial of the habeas corpus petition, holding that the admission of evidence of the defendant's prior murder conviction and death sentence did not render his trial fundamentally unfair.
• Allen v. Collins
  924 F.2d 88· 5th Cir.· 1991-02-19 ·cited 8×
  The court held that a district court cannot dismiss a habeas corpus petition challenging a prior conviction used for sentence enhancement based on a distinction between void and voidable convictions.
• Cornist D. Johnson v. A.L. Lockhart
  921 F.2d 796· 8th Cir.· 1990-12-26 ·cited 8×
  The court held that the magistrate judge's denial of the habeas corpus petition was correct because the attorney's performance was not deficient and did not prejudice the defendant.
• Cornell v. Crispus NIX
  921 F.2d 769· 8th Cir.· 1990-12-17 ·cited 8×
  The court held that a witness's recantation of testimony, coupled with alleged suppression of exculpatory evidence, warrants an evidentiary hearing on a federal habeas corpus petition.
• Hill v. Black
  920 F.2d 249· 5th Cir.· 1990-12-14 ·cited 8×
  The court held that the Supreme Court's decision in Clemons v. Mississippi does not apply retroactively to this case, and the trial court did not err in refusing to instruct the jury on lesser included offenses.
• Barden v. Keohane
  921 F.2d 476· 3d Cir.· 1990-12-13 ·cited 8×
  The federal government has the statutory authority to make a nunc pro tunc designation of a state prison as a place of federal confinement, and Barden is entitled to have the Bureau of Prisons consider his case for such a designation.
• Camacho v. White
  918 F.2d 74· 9th Cir.· 1990-10-26 ·cited 8×
  The court held that a defective notice of street time forfeiture in a parole revocation hearing is a due process violation, but the appropriate remedy is a new hearing, not automatic restoration of street time, unless the delay in holding the new hearing is both unreasonable and
• Byrd v. Delo
  917 F.2d 1037· 8th Cir.· 1990-10-19 ·cited 8×
  The court affirmed the district court's denial of the second habeas corpus petition, finding that the petitioner failed to demonstrate cause and prejudice for his new claims or meet the 'actual innocence' exception. The court also affirmed the denial of repetitive claims as they
• Nolan Anthony Schouest v. Smith
  914 F.2d 713· 5th Cir.· 1990-10-16 ·cited 8×
  The court held that the repetitive claims in the second habeas petition were properly dismissed under Rule 9(b), and the new claims lacked merit, affirming the dismissal.
• Alexander v. Perrill
  916 F.2d 1392· 9th Cir.· 1990-10-10 ·cited 8×
  Local prison officials are not liable under Bivens for a prisoner's wrongful incarceration when the error was made by a centralized office responsible for foreign jail credit determinations, and the local officials reasonably relied on that office's decision.
• Lewis v. Mazurkiewicz
  915 F.2d 106· 3d Cir.· 1990-09-24 ·cited 8×
  The court held that the petitioner failed to show either that his attorney's performance was constitutionally defective or that his case was prejudiced by the attorney's decision not to interview or call a potential witness.
• Nelson v. Fulcomer
  911 F.2d 928· 3d Cir.· 1990-08-17 ·cited 8×
  The court held that confronting a suspect who has invoked their right to remain silent with their alleged partner in crime, after informing the suspect that the partner has confessed, constitutes interrogation under Miranda and Innis, unless the suspect was not informed of the co
• Gilmore v. Delo
  908 F.2d 385· 8th Cir.· 1990-07-16 ·cited 8×
  The court affirmed the denial of the second habeas corpus petition, holding that previously raised claims are barred and the new claim is procedurally barred as an abuse of the writ.
• Cuffle v. Goldsmith
  906 F.2d 385· 9th Cir.· 1990-06-15 ·cited 8×
  A waiver of constitutional rights induced by a threat that cannot legally be carried out violates due process, and a defendant's mental impairment may require a hearing on competence to waive counsel.
• Beachum v. Tansy
  903 F.2d 1321· 10th Cir.· 1990-05-22 ·cited 8×
  The court held that the admission of hypnotically influenced testimony, even if potentially unreliable, did not violate the defendant's constitutional rights given the safeguards employed and the victim's consistent testimony. Claims of prosecutorial misconduct, ineffective assis
• Burgin v. Broglin
  900 F.2d 990· 7th Cir.· 1990-04-10 ·cited 8×
  The majority found a waiver of the alleged undisclosed plea agreement issue, barring further litigation. The dissenting judge disagrees with this conclusion.
• Skowronek v. Brennan
  896 F.2d 264· 7th Cir.· 1990-02-22 ·cited 8×
  The court held that the original Sentencing Reform Act § 235(b)(3) did not create a liberty interest in immediate parole release for individuals convicted before its effective date, and thus they are not entitled to release under 42 U.S.C. § 2241.
• Shook v. Clarke
  894 F.2d 1496· 8th Cir.· 1990-02-07 ·cited 8×
  The court held that a federal habeas petition containing both exhausted and unexhausted claims must be dismissed, but the dismissal should be without prejudice.
• In the Interest of M.N.
  556 So. 2d 510· Fla. 4th DCA· 1990-02-07 ·cited 8×
  A juvenile held beyond the five-day statutory limit before commitment placement is entitled to habeas relief under Florida law, though the writ's issuance is withheld where placement has already occurred.
• Williams v. Chrans
  894 F.2d 928· 7th Cir.· 1990-02-05 ·cited 8×
  The court affirmed the denial of habeas corpus petitions, finding no constitutional violations regarding confrontation clause, victim identification, prosecutorial statements, ineffective assistance of counsel, habitual criminal statute application, or speedy trial rights.
• Heiney v. Dugger
  558 So. 2d 398· Fla.· 1990-02-01 ·cited 8×
  Robert David Heiney, sentenced to death for murder and robbery, challenges his capital sentence on habeas review. The Florida Supreme Court finds a Hitchcock instructional error regarding mitigation but deems it harmless, while reversing and remanding for an evidentiary hearing o
• Buckley v. A.L. Lockhart
  892 F.2d 715· 8th Cir.· 1989-12-20 ·cited 8×
  The court held that a federal habeas corpus petitioner's claims are procedurally barred if not fairly presented to the state courts, and that escape from custody forfeits the right to appeal, thus precluding an ineffective assistance of counsel claim based on failure to appeal.
• Campaneria v. Reid
  891 F.2d 1014· 2d Cir.· 1989-12-12 ·cited 8×
  The dissenting judge would reverse the district court's denial of habeas corpus, finding the admission of an unconstitutionally obtained tape recording was not harmless error.
• Boggs v. Bair
  892 F.2d 1193· 4th Cir.· 1989-12-12 ·cited 8×
  The Fourth Circuit held that the district court erred in granting habeas relief as to the penalty phase, reversing that decision, but affirmed the denial of relief as to the guilt phase. The court found no constitutional error in the admission of the confession, the search of the
• Giarratano v. Procunier
  891 F.2d 483· 4th Cir.· 1989-12-07 ·cited 8×
  The court held that the district court did not err in denying the petition for a writ of habeas corpus and the Rule 60(b) motion.
• Doyle J. Williams v. Armontrout
  891 F.2d 656· 8th Cir.· 1989-12-07 ·cited 8×
  The court vacated its prior panel opinion and granted rehearing en banc, indicating a reconsideration of the case.