Habeas Corpus

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

• Garafola v. G.C. Wilkinson
  721 F.2d 420· 3d Cir.· 1983-11-15 ·cited 8×
  A federal prisoner paroled to a state detainer under 28 C.F.R. § 2.32(a)(2) is considered 'paroled' under the Parole Act, and thus the Parole Commission can deny credit for time spent in state prison upon revocation for a new offense.
• Nelson v. Callahan
  721 F.2d 397· 1st Cir.· 1983-11-14 ·cited 8×
  The court held that the petitioner's guilty plea to second-degree murder was voluntary and intelligent, but his plea to sodomy was not, affirming the district court's partial grant of habeas corpus relief.
• Cyril Edwards v. E.W. Jones
  720 F.2d 751· 2d Cir.· 1983-11-01 ·cited 8×
  The court affirmed the denial of habeas corpus relief, finding that any constitutional error was harmless beyond a reasonable doubt, despite the concurring judge's disagreement with the application of the forfeiture rule.
• Alexander v. State OF Md.
  719 F.2d 1241· 4th Cir.· 1983-10-20 ·cited 8×
  The court held that the state failed to prove Alexander would have been waived to adult court in 1961, and that his petition was not barred by laches under Habeas Rule 9(a).
• Autry v. W.J. Estelle, Jr.
  719 F.2d 1247· 5th Cir.· 1983-10-04 ·cited 8×
  The court held that the petitioner failed to make a substantial showing of a denial of a federal right, and thus denied his motions for a certificate of probable cause and a stay of execution.
• Allbee v. Hoyt C. Cupp
  716 F.2d 635· 9th Cir.· 1983-09-20 ·cited 8×
  The court held that a federal court should not grant a writ of habeas corpus unless the petitioner has exhausted all available state remedies for all claims, including sentencing claims that have been clarified by recent state court decisions.
• Celeste Broughton v. State OF N.C.
  717 F.2d 147· 4th Cir.· 1983-09-19 ·cited 8×
  The appeal is dismissed as moot because the appellant has served her sentence and will suffer no collateral legal consequences from the contempt conviction.
• Howze v. Marshall
  716 F.2d 396· 6th Cir.· 1983-09-09 ·cited 8×
  Placing the burden on a defendant to prove insanity by a preponderance of the evidence does not violate due process, provided the state proves all elements of the crime beyond a reasonable doubt.
• Hill v. United States Immigr. & Naturalization Serv.
  714 F.2d 1470· 9th Cir.· 1983-09-07 ·cited 8×
  Congress intended the Immigration and Naturalization Service to obtain a Public Health Service medical certificate before excluding aliens for psychopathic personality, sexual deviation, or mental defect. Therefore, self-declared homosexual aliens cannot be excluded without such
• United States v. DeROBERTIS
  718 F.2d 209· 7th Cir.· 1983-08-17 ·cited 8×
  The court held that summary judgment was inappropriate because a genuine issue of material fact existed regarding whether the state trial judge promised a specific sentence in exchange for the guilty plea.
• Bowling v. The United States
  713 F.2d 1558· Fed. Cir.· 1983-08-10 ·cited 8×
  The Claims Court correctly granted summary judgment, affirming that military court-martial judgments are subject to narrow collateral attack on constitutional grounds, but factual determinations and claims receiving fair consideration in the military system are conclusive.
• Johnie B. Wilson v. Duckworth
  716 F.2d 415· 7th Cir.· 1983-08-01 ·cited 8×
  The court held that the jury instruction regarding low I.Q. did not so infect the entire trial as to violate due process, and that the denial of appointed counsel was within the court's discretion.
• Stinson v. Louie L. Wainwright
  710 F.2d 743· 11th Cir.· 1983-07-28 ·cited 8×
  A federal court is not required to hold an evidentiary hearing on a habeas petition challenging a guilty plea if the state court record, including attorney representations and plea colloquy, fairly supports the determination that the plea was voluntary and the defendant was compe
• Tamilio v. Fogg
  713 F.2d 18· 2d Cir.· 1983-07-27 ·cited 8×
  The court held that the district court erred in granting the writ of habeas corpus because the co-defendants' confessions were admissible under the interlocking confession exception and their admission constituted harmless error.
• United States v. J.W. Fairman and Tyrone C. Fahner
  712 F.2d 315· 7th Cir.· 1983-07-20 ·cited 8×
  The United States Constitution does not require a state to admit hearsay evidence from an unavailable witness, even if made under oath and subject to an unused opportunity for cross-examination, if other indicia of reliability are lacking.
• Birt v. Montgomery
  709 F.2d 690· 11th Cir.· 1983-07-11 ·cited 8×
• Mahan Hollin v. Sowders
  710 F.2d 264· 6th Cir.· 1983-06-24 ·cited 8×
  The court held that the attorney's negligence did not cause demonstrable harm because the defendant's claims were considered on valid state grounds, thus no Sixth Amendment violation occurred.
• Ruff v. Wyrick
  709 F.2d 1219· 8th Cir.· 1983-06-15 ·cited 8×
  The court affirmed the denial of habeas corpus relief, finding that the pretrial photographic display did not taint the in-court identification and the impeachment of a state witness was permissible.
• Levis Leon Aldridge v. Louie L. Wainwright
  433 So. 2d 988· Fla.· 1983-06-14 ·cited 8×
  The court held that the petitioner's claims regarding the application of legal principles, jury instructions, and the death sentencing scheme were without merit and did not warrant habeas corpus relief.
• Noggle v. Marshall
  706 F.2d 1408· 6th Cir.· 1983-05-05 ·cited 8×
  The Sixth Amendment's guarantee of effective counsel does not constitutionally mandate a broad attorney-client privilege for psychiatric experts retained by the defense, which is waived only by calling that expert as a witness.
• Pennywell v. Rushen
  705 F.2d 355· 9th Cir.· 1983-05-03 ·cited 8×
  The failure of California courts to give a trial on a defendant's insanity plea did not violate federal due process, especially when the plea was invalidly entered and the underlying issues were considered under a diminished capacity defense.
• Hindman v. Wyrick
  702 F.2d 148· 8th Cir.· 1983-03-16 ·cited 8×
  The court held that the petitioner was not prejudiced by his trial counsel's failure to call a specific witness, and thus was not denied effective assistance of counsel.
• Hartley v. Neely
  701 F.2d 780· 9th Cir.· 1983-03-14 ·cited 8×
  The court held that the exhaustion requirement for habeas corpus may be satisfied before a final state court judgment when the claim involves double jeopardy, and that a defendant who sought a mistrial is barred from a double jeopardy claim unless the mistrial was provoked by the
• Bishop v. Rose
  701 F.2d 1150· 6th Cir.· 1983-03-08 ·cited 8×
  The court held that the state's acquisition and use of a defendant's confidential statement prepared for his attorney violated the Sixth Amendment right to effective assistance of counsel, and this violation was not harmless error.
• Jones v. Jago
  701 F.2d 45· 6th Cir.· 1983-02-22 ·cited 8×
  The court held that a federal court may entertain constitutional claims in a habeas corpus petition when the state appellate court addresses the merits of the claim, even if a procedural default occurred at trial.
• Despres v. State
  427 So. 2d 257· Fla. 5th DCA· 1983-02-16 ·cited 8×
  Despres sought a belated appeal of his robbery conviction more than 14 months after sentencing, alleging his public defender failed to file an appeal despite his request. The court appointed a Commissioner to investigate and, finding no prejudice to the State despite trial counse
• Sudds v. Maggio
  696 F.2d 415· 5th Cir.· 1983-01-27 ·cited 8×
  The court held that the denial of a challenge for cause, refusal to instruct on intoxication, and use of prior convictions for sentence enhancement do not provide grounds for habeas corpus relief.
• Mata v. Sumner
  696 F.2d 1244· 9th Cir.· 1983-01-20 ·cited 8×
  The court held that the pretrial photographic identification procedures used were so impermissibly suggestive as to create a substantial likelihood of irreparable misidentification, violating the defendant's due process rights.
• Paul v. Henderson
  698 F.2d 589· 2d Cir.· 1983-01-18 ·cited 8×
  The court held that a defendant waives his double jeopardy claim if he fails to raise it before the second trial, and that a retrial after a mistrial does not violate the Double Jeopardy Clause.
• Earnest Lee Langston v. Wyrick
  698 F.2d 926· 8th Cir.· 1982-12-22 ·cited 8×
  A federal court may not grant habeas corpus relief for ineffective assistance of counsel based on a trial attorney's strategic decision not to interview prosecution witnesses, absent evidence of a strong misidentification defense or other compelling circumstances.
• McDaniel Brayboy v. Scully
  695 F.2d 62· 2d Cir.· 1982-12-09 ·cited 8×
  The court's opinion, while not explicitly stated as a holding in this concurring opinion, implies that the jury charge was permissible under current circuit law, despite reservations.
• Clark v. Solem
  693 F.2d 59· 8th Cir.· 1982-11-23 ·cited 8×
  The court held that the appellant's guilty plea was knowing, intelligent, and voluntary, and that his sentence did not violate equal protection principles.
• Carter v. W.J. Estelle, Jr.
  691 F.2d 777· 5th Cir.· 1982-11-18 ·cited 8×
  The court held that the Texas Court of Criminal Appeals' reversal of Carter's conviction was based on evidentiary insufficiency, not weight, thus triggering the double jeopardy bar under Burks v. United States and Greene v. Massey, as clarified by Tibbs v. Florida.
• Bartlett v. Solem
  691 F.2d 420· 8th Cir.· 1982-10-27 ·cited 8×
• Perkins v. Le Fevre
  691 F.2d 616· 2d Cir.· 1982-10-21 ·cited 8×
  A conviction obtained using false testimony, known or should have been known by the prosecution, must be set aside if there is a reasonable likelihood the false testimony affected the jury's judgment.
• Blaikie v. Callahan
  691 F.2d 64· 1st Cir.· 1982-10-18 ·cited 8×
  The Sixth Amendment right to present a defense does not require a court to allow a defendant to reopen their case after resting to present expert testimony, especially when the testimony is not crucial and the defendant had prior opportunities to present evidence.
• Walker v. Huston
  689 F.2d 901· 9th Cir.· 1982-10-08 ·cited 8×
  The court held that the case is moot because there is no reasonable expectation that the petitioner will again be subjected to the same denial of bail pending appeal. Therefore, the district court's judgment is vacated and the case is remanded to dismiss the complaint.
• Dougherty v. White
  689 F.2d 142· 8th Cir.· 1982-09-20 ·cited 8×
  The court held that a federal court's order extending probation to require restitution for offenses of which the defendant was not convicted is illegal and void.
• Martin v. Strasburg
  689 F.2d 365· 2d Cir.· 1982-09-20 ·cited 8×
  New York's preventive detention law for accused juvenile delinquents is unconstitutional because it permits liberty to be denied prior to adjudication of guilt based on unfettered discretion and uncertain predictions of future behavior.
• Garrett v. Maggio
  685 F.2d 158· 5th Cir.· 1982-09-10 ·cited 8×
  The court held that a change in state law regarding sentence commutation did not render a guilty plea involuntary, and a claim of coerced plea was barred by an unreasonable delay in filing.
• Ford v. Superintendent, Ky. State Penitentiary
  687 F.2d 870· 6th Cir.· 1982-09-09 ·cited 8×
  The court held that the magistrate abused discretion by refusing to hear crucial live testimony from a witness whose credibility was central to the petitioner's claim of constitutional violation.
• Moore v. Duckworth
  687 F.2d 1063· 7th Cir.· 1982-09-02 ·cited 8×
  The court affirmed the denial of the habeas corpus petition, holding that the defendant failed to prove the jury was aware of the victim's pregnancy, and thus was not denied a fair trial.
• Lamar v. Fred Banks
  684 F.2d 714· 11th Cir.· 1982-08-26 ·cited 8×
  The court held that the Georgia 'fighting words' statute is not facially unconstitutional, but reversed and remanded for an evidentiary hearing on whether it was unconstitutionally applied.
• Robinson v. Scully
  690 F.2d 21· 2d Cir.· 1982-08-12 ·cited 8×
  The court held that North Carolina v. Pearce does not prohibit imposing a consecutive sentence upon resentencing when it was impossible to determine the relationship between sentences at the time of the original sentencing.
• Dudley v. Dalsheim
  686 F.2d 110· 2d Cir.· 1982-08-09 ·cited 8×
  A federal court cannot review a state prisoner's habeas corpus claim if the prisoner failed to properly raise the claim in state court, absent cause and prejudice.
• Griffin v. Winans
  684 F.2d 686· 10th Cir.· 1982-07-28 ·cited 8×
  The court held that the district court correctly granted habeas corpus relief because the state court applied an incorrect legal standard for ineffective assistance of counsel and the evidence supported findings of constitutionally inadequate representation.
• Wheaton v. State
  420 So. 2d 604· Fla. 3d DCA· 1982-07-27 ·cited 8×
  Scott Wheaton challenged his extradition to Virginia on the grounds that the extradition documents were deficient. The Florida appellate court held that while the Governor's certification of authenticity is necessary, it does not substitute for the statutory requirement that the
• Early Lee Harris v. Gil Ingram
  683 F.2d 97· 4th Cir.· 1982-07-13 ·cited 8×
  A federal district court lacks jurisdiction to hear a state habeas corpus petition when the petitioner is not in the custody of that state, even if the prior state conviction affects a current federal sentence.
• Phegley v. Greer
  691 F.2d 306· 7th Cir.· 1982-06-29 ·cited 8×
  The court held that the Equal Protection and Due Process Clauses do not require the state to provide a free transcript of a preliminary hearing if no record was made and the defendant's counsel could take notes.
• Thurston Henderson v. Jago
  681 F.2d 471· 6th Cir.· 1982-06-24 ·cited 8×
  Failure to comply with Ohio's Contemporaneous Objection Rule, absent sufficient cause for the default, bars a federal habeas corpus challenge to jury instructions.