Habeas Corpus

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

• Tippett v. Wyrick
  680 F.2d 52· 8th Cir.· 1982-06-14 ·cited 8×
  The court affirmed the dismissal of the habeas petition, finding the appellant failed to meet the 'cause and actual prejudice' standard for collateral attack and that the district court's finding of prejudice under Rule 9(a) was not clearly erroneous.
• Tweety v. Mitchell
  682 F.2d 461· 4th Cir.· 1982-06-10 ·cited 8×
  The dissenting judge would grant the writ of habeas corpus, finding that a jury instruction violated constitutional rights and that the procedural bar of a contemporaneous objection rule was improperly applied.
• Morgan v. Louie L. Wainwright
  676 F.2d 476· 11th Cir.· 1982-05-17 ·cited 8×
  A probationer does not have a constitutional right to a jury determination of identity in a probation revocation hearing under the due process or equal protection clauses.
• Dietz v. Solem
  677 F.2d 672· 8th Cir.· 1982-05-12 ·cited 8×
  The court held that the petitioner failed to establish "cause" for not objecting to a jury instruction at trial, barring habeas corpus relief under Wainwright v. Sykes, as the constitutional basis for the claim was available at the time of trial.
• Morris v. Nimmons
  414 So. 2d 568· Fla. 1st DCA· 1982-05-06 ·cited 8×
  Petitioner Morris sought discharge from criminal charges under Florida's speedy trial rule after not being tried within 180 days of arrest. The court held that the speedy trial clock did not commence until petitioner was transferred to Duval County custody after completing his Na
• Euell v. Wyrick
  675 F.2d 1007· 8th Cir.· 1982-04-23 ·cited 8×
  A federal habeas court may hear a jury selection claim even if not raised at trial, if state courts did not invoke their contemporaneous objection rule as a bar.
• Williford v. Estelle
  672 F.2d 552· 5th Cir.· 1982-04-09 ·cited 8×
  The court held that the petitioner knowingly and intelligently waived his right to counsel, and the Louisiana conviction was not void.
• United States ex rel. Ronald Doss v. Lou V. Brewer
  685 F.2d 1003· 7th Cir.· 1982-03-25 ·cited 8×
  The court held that while the admission of certain evidence was an error, it was harmless due to overwhelming untainted evidence.
• Bowen v. A.I. Murphy
  693 F.2d 104· 10th Cir.· 1982-03-23 ·cited 8×
  The court held that a prisoner is not entitled to credit on a current sentence for time served on prior vacated convictions, nor is an evidentiary hearing required when there are no factual disputes.
• Jackson v. Foti
  670 F.2d 516· 5th Cir.· 1982-03-15 ·cited 8×
  The court held that due process requires a hearing before commitment of an insanity acquittee and equal protection requires substantially similar procedures to civil commitment, including a finding of current mental illness.
• Allen v. United States Parole Comm'n
  671 F.2d 322· 9th Cir.· 1982-03-11 ·cited 8×
  The court held that the United States Parole Commission did consider the petitioner's completion of the NARA program, and therefore did not act arbitrarily or capriciously in denying parole.
• Goode v. Louie L. Wainwright
  410 So. 2d 506· Fla.· 1982-02-23 ·cited 8×
  Arthur Goode petitioned for habeas corpus challenging his appellate counsel's effectiveness and seeking a stay of execution. The Florida Supreme Court rejected his claims that counsel was ineffective for failing to raise sentencing errors, finding the record showed counsel had ad
• Brewer v. Raines
  670 F.2d 117· 9th Cir.· 1982-02-22 ·cited 8×
  A defendant's knowing, intelligent, and voluntary absence from trial and sentencing constitutes a waiver of their Sixth Amendment right to be present, and such absence can be inferred under Rule 9.1 if the defendant had notice and warning.
• McCoy Jamerson v. Estelle
  666 F.2d 241· 5th Cir.· 1982-01-25 ·cited 8×
  The court held that the defendant's Sixth Amendment right to a speedy trial was not violated despite a significant delay between indictment and trial, and that other alleged constitutional errors were without merit.
• Pennington v. Housewright
  666 F.2d 329· 8th Cir.· 1981-12-16 ·cited 8×
• Collin L. Johnson v. Williams
  666 F.2d 842· 3d Cir.· 1981-12-15 ·cited 8×
  The court held that the Interstate Agreement on Detainers (IAD) was not violated because the defendant was not initially in New Jersey custody pursuant to a detainer, and subsequent transfers and detainers did not fall within the IAD's scope for completing pending criminal procee
• Collins v. Housewright
  664 F.2d 181· 8th Cir.· 1981-11-18 ·cited 8×
  The court held that the state trial court's failure to conduct a pretrial competency inquiry did not violate federal constitutional standards because the facts presented did not raise a bona fide doubt as to the defendant's competence.
• Thad Douglas Lowe v. Duckworth
  663 F.2d 42· 7th Cir.· 1981-11-09 ·cited 8×
  The court held that while the district court's dismissal for failure to exhaust was erroneous due to state court delay, the federal petition became moot when the state court granted a new trial.
• Elbert Phillip Long v. Smith
  663 F.2d 18· 6th Cir.· 1981-10-21 ·cited 8×
  The court held that a federal appellate court cannot review state court jury instruction errors in a habeas corpus proceeding unless they rise to the level of a due process violation, and that failure to object at trial under state rules bars federal review absent a showing of ca
• United States ex rel. Melvin Lee Smith v. Franzen
  660 F.2d 237· 7th Cir.· 1981-08-26 ·cited 8×
• Henrique v. United States Marshal & United States Parole Comm'n
  653 F.2d 1317· 9th Cir.· 1981-08-17 ·cited 8×
  The court held that the six-year maximum sentence under the Youth Corrections Act is tolled when a youthful offender absconds from parole supervision.
• Briggs v. Raines
  652 F.2d 862· 9th Cir.· 1981-08-07 ·cited 8×
  The court held that the petitioner had exhausted state remedies and that an evidentiary hearing is required to determine if the victim's FBI rap sheet contained favorable and material evidence that would have supported the petitioner's self-defense claim.
• Johnson v. Wyrick
  653 F.2d 1234· 8th Cir.· 1981-07-20 ·cited 8×
  The court held that the district court correctly denied the petition for a writ of habeas corpus, affirming the denial of relief.
• Franklin v. Webb
  653 F.2d 362· 8th Cir.· 1981-07-16 ·cited 8×
  The court held that while a prisoner must exhaust state remedies for claims challenging the fact or duration of confinement, a claim for damages under section 1983 is not subject to the same exhaustion requirement and may be subject to a statute of limitations issue.
• Bradshaw v. Carlson
  682 F.2d 1050· 3d Cir.· 1981-06-25 ·cited 8×
  The court held that while the district court correctly dismissed most claims for failure to exhaust administrative remedies, it erred in dismissing the statutory construction claim regarding 18 U.S.C. § 5003. However, due to subsequent legislative amendments, no meaningful relief
• Johnson v. Duckworth
  650 F.2d 122· 7th Cir.· 1981-05-28 ·cited 8×
  The presence of an alternate juror during deliberations, who is instructed not to participate, does not violate a defendant's Sixth Amendment right to a jury trial.
• LaLANDE v. Spalding
  651 F.2d 643· 9th Cir.· 1981-03-23 ·cited 8×
  The court held that the district court erred in dismissing the habeas corpus petition based solely on a presumption of prejudice due to delay, as Congress removed such a presumption from Rule 9(a).
• Hillery Preston v. Blackburn
  638 F.2d 788· 5th Cir.· 1981-03-02 ·cited 8×
  The court held that a federal habeas corpus petition must be dismissed if it contains any unexhausted claims, even if other claims have been exhausted.
• VIA v. Superintendent, Powhatan Corr. Ctr.
  643 F.2d 167· 4th Cir.· 1981-02-26 ·cited 8×
  A guilty plea is involuntary and unintelligent if counsel's ineffective assistance, stemming from lack of preparation, induced the plea.
• Jamieson v. Robinson
  641 F.2d 138· 3d Cir.· 1981-02-12 ·cited 8×
  A state prisoner's claim that a particular institution lacks a work release program does not violate the Equal Protection Clause, as prison administrators have discretion in establishing such programs based on reasonable policy decisions.
• VAN Curen v. Jago
  641 F.2d 411· 6th Cir.· 1981-02-10 ·cited 8×
  The Fourteenth Amendment did not require a hearing before rescinding parole under the facts of this case.
• United States ex rel. Joseph Cyburt v. Rowe
  638 F.2d 1100· 7th Cir.· 1981-01-19 ·cited 8×
  The court held that the trial court's failure to hold a full competency hearing was not constitutional error, and the guilty plea was voluntary and knowingly entered, and counsel was effective.
• In the Interest of T. L. v. State
  392 So. 2d 288· Fla. 5th DCA· 1980-12-10 ·cited 8×
  In this consolidated appeal, the Florida Fifth District Court of Appeal affirmed the circuit court's adjudication of dependency for three minor children, rejecting the parents' challenges to the court's jurisdiction under the Uniform Child Custody Jurisdiction Act and to the adeq
• Lonberger v. Jago
  635 F.2d 1189· 6th Cir.· 1980-12-01 ·cited 8×
  The court held that the state failed to demonstrate that the petitioner's prior guilty plea was knowingly and voluntarily made, rendering the conviction constitutionally invalid for sentencing enhancement purposes. However, the court found that the single-stage trial procedure, a
• Nelson v. McCARTHY
  637 F.2d 1291· 9th Cir.· 1980-11-28 ·cited 8×
  The court held that a high blood alcohol content does not automatically invalidate a waiver of constitutional rights, and that statements made to a psychiatrist were admissible even after the defendant invoked his right to remain silent with a detective, as his rights were scrupu
• Allen v. Linwood H. Snow
  635 F.2d 12· 1st Cir.· 1980-11-25 ·cited 8×
  The court held that the defendants' habeas corpus petitions were properly dismissed because the trial judge did not unconstitutionally coerce counsel, the jury instructions were adequate, and the prosecutor's questioning, while potentially prejudicial, did not render the trial co
• Illsley v. United States Parole & Prob. Dep't
  636 F.2d 1· 1st Cir.· 1980-11-06 ·cited 8×
  The court held that the appellant's case was moot because the parole violation detainer had been withdrawn and the underlying issues were speculative, lacking a present controversy.
• Boyd v. Ira Mintz
  631 F.2d 247· 3d Cir.· 1980-09-29 ·cited 8×
  The court held that a breakdown in state procedure prevented the appellant from having a full and fair litigation of his Fourth Amendment claim, thus precluding federal habeas corpus relief.
• Zicarelli v. Dietz
  633 F.2d 312· 3d Cir.· 1980-09-09 ·cited 8×
  The court held that the Sixth Amendment's 'previously ascertained by law' clause prohibits ex post facto manipulation of trial venue, even if applied to states post-Fourteenth Amendment.
• Adams v. State
  387 So. 2d 498· Fla. 5th DCA· 1980-08-27 ·cited 8×
  Imprisonment imposed as a condition of probation is not a sentence and therefore does not entitle a defendant to statutory gain time credits.
• John W. Pence, M.D. v. Brown
  627 F.2d 872· 8th Cir.· 1980-08-15 ·cited 8×
  The court held that an enlistment contract procured by innocent material misrepresentation is subject to rescission, and modified the remedy to allow the Air Force to reinstate the officer as promised.
• Johnson v. Petrovsky
  626 F.2d 72· 8th Cir.· 1980-07-28 ·cited 8×
  A prisoner cannot seek habeas corpus relief under § 2241 on grounds already denied under § 2255, absent a showing that § 2255 is inadequate or ineffective.
• State v. Bacon
  385 So. 2d 1160· Fla. 2d DCA· 1980-07-11 ·cited 8×
  Florida appealed the dismissal of aggravated assault charges against Robert Bacon. The trial court dismissed the case when the victim disappeared and, after the state refiled the charges, granted Bacon's motion to dismiss based on alleged double jeopardy and expiration of speedy
• Raulerson v. Wainwright
  508 F. Supp. 381· M.D. Fla.· 1980-06-24 ·cited 8×
  The court held that the death sentence was imposed in violation of due process because the petitioner was not informed of the contents of the presentence investigation report, which the trial court relied upon in part.
• Newman v. Hornsby
  385 So. 2d 1106· Fla. 5th DCA· 1980-06-18 ·cited 8×
  A father challenged two conflicting custody orders—one from Orange County (where he filed habeas corpus after his child was abducted) and one from Broward County (where the mother took the child and filed for custody). The court held that the Orange County court lacked jurisdicti
• Rose v. Morris
  619 F.2d 42· 9th Cir.· 1980-05-15 ·cited 8×
  A state detainer warrant against a federal prisoner, even if parole was revoked, constitutes sufficient 'custody' to confer federal habeas corpus jurisdiction.
• Doescher v. Estelle
  616 F.2d 205· 5th Cir.· 1980-05-01 ·cited 8×
  The court held that while the search warrant claim was not barred by Stone v. Powell due to lack of a full and fair hearing, it must first be exhausted in state court. Other claims were denied.
• Gino Latisi v. Fla. Parole & Prob. Comm'n
  382 So. 2d 1355· Fla. 1st DCA· 1980-05-01 ·cited 8×
  An incarcerated petitioner sought a writ of mandamus to challenge the Florida Parole and Probation Commission's determination of his presumptive parole release date but could not afford the filing fee. The court held that mandamus is a civil action with no statutory waiver of fil
• Brown v. State OF Md.
  618 F.2d 1057· 4th Cir.· 1980-04-09 ·cited 8×
  A voluntary and intelligent guilty plea, entered into after a plea bargain, waives the right to challenge convictions on double jeopardy grounds.
• Yanez v. Romero
  619 F.2d 851· 10th Cir.· 1980-04-07 ·cited 8×
  The dissenting judge believes the police procedures used offend due process and canons of decency and fairness.