Habeas Corpus

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

• Hankins v. Civiletti
  614 F.2d 953· 5th Cir.· 1980-03-31 ·cited 8×
  A party who testifies on direct examination waives the Fifth Amendment privilege against self-incrimination concerning matters relevant to that testimony, and cannot refuse to answer relevant cross-examination questions.
• Whitehead v. Louie L. Wainwright
  609 F.2d 223· 5th Cir.· 1980-01-07 ·cited 8×
  The district court's finding of incompetence is affirmed, but its order limiting sentencing upon retrial is vacated.
• Neville v. Cavanagh
  611 F.2d 673· 7th Cir.· 1979-12-21 ·cited 8×
  The dissent argues that federal courts should not be reluctant to grant pre-trial habeas relief to the point of extinguishing claims, especially when state courts have already definitively ruled on the merits.
• Wacht v. Harold J. Cardwell & the Attorney Gen. of the State of Ariz.
  604 F.2d 1245· 9th Cir.· 1979-09-24 ·cited 8×
  The court held that the petitioner failed to allege sufficient specific facts to demonstrate that his guilty plea was not intelligently or voluntarily made due to the trial judge's omission of parole ineligibility information.
• Evans v. Wilkerson
  605 F.2d 369· 7th Cir.· 1979-09-06 ·cited 8×
  The court held that the Bureau of Prisons' policy allowing an in absentia forfeiture of good time for escapees, followed by a due process hearing within a reasonable time after recapture, does not violate due process, even if the hearing occurs after the original mandatory releas
• Green v. Estelle
  601 F.2d 877· 5th Cir.· 1979-08-30 ·cited 8×
  The court held that the state was collaterally estopped from relitigating the issue of malice in a second murder trial after the jury in the first trial had already determined that issue in the defendant's favor.
• Lieutenant Richard C. Taylor v. The Honorable W. Graham Claytor
  601 F.2d 1102· 9th Cir.· 1979-08-07 ·cited 8×
  The court held that the Navy had a basis in fact for denying the appellant's conscientious objector status due to inconsistent statements regarding his opposition to war.
• Gagne v. Meachum
  602 F.2d 471· 1st Cir.· 1979-07-31 ·cited 8×
  The court held that the state trial judge's jury instructions did not unconstitutionally shift the burden of proof to the defendant regarding self-defense or malice.
• Scott v. United States
  598 F.2d 392· 5th Cir.· 1979-07-05 ·cited 8×
  The court held that a petitioner must demonstrate an actual conflict of interest to receive relief for joint representation when no timely objection was made.
• Nelson v. Hutto
  597 F.2d 137· 8th Cir.· 1979-05-04 ·cited 8×
  The court held that placing the burden of proving insanity on the defendant does not violate due process, and evidentiary rulings on admissibility of evidence are generally matters of state law not cognizable in habeas corpus.
• Collins v. Perini
  594 F.2d 592· 6th Cir.· 1979-04-02 ·cited 8×
  The court held that the district court correctly denied the petition for a writ of habeas corpus, affirming the denial of the appellant's claims.
• Earle R. Robinson v. Berman
  594 F.2d 1· 1st Cir.· 1979-03-23 ·cited 8×
  The court held that the petitioner had sufficient notice that his conduct was illegal, as prior judicial decisions had clarified the meaning of 'unnatural sexual intercourse' in related statutes, thus the statute was not unconstitutionally vague as applied to him.
• Walker v. Loggins
  608 F.2d 731· 9th Cir.· 1979-02-01 ·cited 8×
  The court held that the appellant's double jeopardy claim was meritless, but vacated the denial of habeas corpus relief on the self-representation claim and remanded for further consideration.
• Morgan v. Estelle
  588 F.2d 934· 5th Cir.· 1979-01-29 ·cited 8×
  The court affirmed the denial of habeas corpus relief, holding that federal courts cannot grant relief on Fourth Amendment claims if the state provided an opportunity for full and fair litigation of those claims.
• Karle Charlton v. Wainwright
  588 F.2d 162· 5th Cir.· 1979-01-18 ·cited 8×
  The court held that a conviction for attempted manslaughter by culpable negligence is legally valid under Florida law and does not violate the U.S. Constitution.
• Fitch v. Estelle
  587 F.2d 773· 5th Cir.· 1979-01-12 ·cited 8×
  The court held that the district court erred in denying an evidentiary hearing on the petitioner's claims of incompetency to stand trial and involuntary guilty plea, and that the ineffective assistance of counsel claim should also be heard.
• Harkins v. Wyrick
  589 F.2d 387· 8th Cir.· 1979-01-10 ·cited 8×
  The court held that federal constitutional law does not require a state to grant credit for time spent in federal custody for reasons unrelated to the state conviction, even if the state prisoner was mentally incompetent.
• Thacker v. Bordenkircher
  590 F.2d 640· 6th Cir.· 1979-01-08 ·cited 8×
  The court held that a mere potential conflict of interest arising from joint representation is insufficient to establish a denial of the Sixth Amendment right to effective assistance of counsel; an actual conflict must be shown.
• Pignone v. Sands
  589 F.2d 76· 1st Cir.· 1978-12-29 ·cited 8×
  Federal habeas corpus relief is precluded under Stone v. Powell because the state courts afforded the petitioner a full and fair opportunity to litigate his Fourth Amendment claim.
• Carr v. State OF Ala.
  586 F.2d 462· 5th Cir.· 1978-12-15 ·cited 8×
  The court held that the district court erred in finding the jury deliberation claim unexhausted, but correctly found the lineup and self-incrimination claims to be without merit.
• United States v. Degnan
  587 F.2d 619· 3d Cir.· 1978-11-28 ·cited 8×
  The court held that orders granting writs of habeas corpus but not yet disposing of the relators' custody are not final appealable orders.
• Dioguardi v. United States
  587 F.2d 572· 2d Cir.· 1978-11-15 ·cited 8×
  The United States Parole Commission's decision to grant or deny parole is not part of the trial court's sentencing process, and therefore, a change in parole criteria after sentencing does not warrant resentencing under 28 U.S.C. § 2255.
• Moser v. Davis
  364 So. 2d 521· Fla. 2d DCA· 1978-11-15 ·cited 8×
  The court held that the trial court erred in ordering the father to deliver the children to the mother without first determining jurisdiction under the Uniform Child Custody Jurisdiction Act.
• Application of William Baldwin for Appointment of Counsel v. Benson
  584 F.2d 953· 10th Cir.· 1978-09-28 ·cited 8×
  The court held that under 18 U.S.C. § 4214, parolees have a right to appointed counsel in revocation proceedings unless they knowingly and intelligently waive that right.
• Shane v. State OF Iowa
  581 F.2d 727· 8th Cir.· 1978-08-22 ·cited 8×
  The court affirmed the dismissal of the habeas corpus petition, finding the Fourth Amendment claim precluded and the identification issue unexhausted in state courts.
• Alexander v. Smith
  582 F.2d 212· 2d Cir.· 1978-08-07 ·cited 8×
  The court affirmed the denial of the habeas corpus petition, holding that the petitioner's confession was voluntary and not obtained in violation of his Fifth or Sixth Amendment rights.
• Sedgwick v. Superior Court FOR the Dist. OF Columbia
  584 F.2d 1044· D.C. Cir.· 1978-07-25 ·cited 8×
  A dismissal on Brady grounds does not bar retrial unless it is premised on a factual determination of the insufficiency of evidence of the defendant's guilt.
• Hailey v. Dorsey
  580 F.2d 112· 4th Cir.· 1978-07-06 ·cited 8×
• Grant v. White
  579 F.2d 48· 8th Cir.· 1978-07-06 ·cited 8×
  The court held that while the use of an invalid juvenile adjudication for impeachment was harmless error, the use of the same adjudication for enhanced sentencing requires resentencing.
• Miller v. State OF Md. & Gerald A. Keller
  577 F.2d 1158· 4th Cir.· 1978-06-22 ·cited 8×
  The court held that the district court correctly denied the habeas corpus petition because the state court's findings regarding the voluntariness of the confession were not clearly erroneous.
• Randolph v. Parker
  575 F.2d 1178· 6th Cir.· 1978-05-19 ·cited 8×
  The court held that the admission of co-defendants' confessions in a joint trial, where the co-defendants did not testify and were not subject to cross-examination, violated the Sixth Amendment's Confrontation Clause under Bruton v. United States, and this violation could not be
• OGG v. Klein
  572 F.2d 1379· 9th Cir.· 1978-04-11 ·cited 8×
  The escape of a youth offender tolls their Youth Corrections Act sentence, and applying a regulation clarifying this does not violate the ex post facto clause.
• Marshall v. United States
  576 F.2d 160· 9th Cir.· 1978-03-01 ·cited 8×
  The court held that a statutory notice issue under the Dangerous Special Offenders Statute, not raised on direct appeal, is not cognizable in a subsequent motion to vacate sentence under 28 U.S.C. § 2255, absent exceptional circumstances.
• Ishmail Muslin ALI (formerly Ishmael X. La Beet) v. Gibson
  572 F.2d 971· 3d Cir.· 1978-03-01 ·cited 8×
  The District Court for the Virgin Islands has jurisdiction to issue a writ of habeas corpus for a prisoner incarcerated outside its territorial limits, provided the claim is brought under Virgin Islands law and jurisdiction is established over the custodian.
• Johnson v. Lenard F. Meacham
  570 F.2d 918· 10th Cir.· 1978-02-23 ·cited 8×
  Habeas review of a Fourth Amendment claim is barred where the state has afforded the defendant a full and fair opportunity to litigate that claim, even if the state court resolves the claim on an independent, adequate, non-federal state ground.
• Triplett v. Azordegan
  570 F.2d 819· 8th Cir.· 1978-02-21 ·cited 8×
  The court held that the appellant failed to state a claim under 42 U.S.C. § 1983 because the appellee prosecutor's actions, both in obtaining the confession and in his alleged concealment, were either not actionable or not performed under color of state law.
• Douglas v. Muncy
  570 F.2d 499· 4th Cir.· 1978-01-20 ·cited 8×
  The court held that the prisoner failed to exhaust state remedies for his habeas corpus petition and that prison officials were entitled to qualified immunity on the § 1983 claims for denial of legal access.
• Wright v. Smith
  569 F.2d 1188· 2d Cir.· 1978-01-16 ·cited 8×
  The court held that the jury instructions regarding the alibi defense, when viewed in their entirety and considering the defense counsel's actions, did not unconstitutionally shift the burden of proof to the defendant, thus not denying him due process.
• Pineda v. State
  564 F.2d 1163· 5th Cir.· 1977-12-19 ·cited 8×
  The court held that a prosecutor's unanswered question on cross-examination, asking if the defendant had previously told his trial story, did not violate the Fifth Amendment by commenting on the defendant's silence.
• People of the United States ex rel. John J. Rooney v. Housewright
  568 F.2d 516· 7th Cir.· 1977-12-05 ·cited 8×
  The dissenting judge holds that the defendant was deprived of a fair trial due to the exclusion of evidence regarding the deceased's reputation for violence and the improper emphasis on the defendant's silence to police.
• Demar v. Louie L. Wainwright
  354 So. 2d 366· Fla.· 1977-11-30 ·cited 8×
  The Florida Supreme Court held that when a parole grant has been notified to an inmate, rescission of that unexecuted parole without prior notice and an adjudicatory hearing violates constitutional due process protections. The Court applied minimal procedural safeguards from Morr
• Aharon RON v. Wilkinson
  565 F.2d 1254· 2d Cir.· 1977-11-21 ·cited 8×
  The court held that the district court erred in sua sponte dismissing the habeas corpus petition without requiring an answer or conducting a hearing, as the petitioner raised substantial claims regarding denial of representation and due process.
• Frederic D. Jennings v. Casscles
  568 F.2d 229· 2d Cir.· 1977-11-10 ·cited 8×
  The court affirmed the denial of habeas corpus relief, finding the confession voluntary and admissible, and declining to consider a waiver claim not raised below.
• Fambo v. Smith
  565 F.2d 233· 2d Cir.· 1977-11-02 ·cited 8×
  The court held that the undisclosed destruction of dynamite by law enforcement did not render the petitioner's conviction unconstitutional, as he possessed the dynamite two days prior to the charged date and admitted guilt.
• Polizzi v. Sigler
  564 F.2d 792· 8th Cir.· 1977-10-27 ·cited 8×
  The court held that classifying a prisoner as a 'special offender' infringes upon a liberty interest requiring due process protections, and that the Bureau of Prisons' updated policy provides adequate procedural safeguards.
• Bradley v. Louie L. Wainwright
  561 F.2d 1200· 5th Cir.· 1977-10-27 ·cited 8×
  The appellate court's decision to grant rehearing and affirm the conviction is upheld, and the petition for a writ of habeas corpus is dismissed.
• Farrell v. Czarnetzky
  566 F.2d 381· 2d Cir.· 1977-09-30 ·cited 8×
  The New York first degree robbery statute, which places the burden of proving an affirmative defense on the defendant, is constitutional under the Supreme Court's decision in Patterson v. New York.
• William P. West, M.D. v. Chafee
  560 F.2d 942· 8th Cir.· 1977-08-17 ·cited 8×
  The court held that the Navy's denial of the exemption was within its discretion and not arbitrary, irrational, or a due process violation, as the military's need for physicians is a matter for military determination.
• State of Fla. ex rel. Teodula Paz Salomon & Ramon Salomon v. Sandstrom
  349 So. 2d 696· Fla. 3d DCA· 1977-08-15 ·cited 8×
  The Florida District Court of Appeal held that a trial court lacks jurisdiction to modify a probation order while a judgment of conviction and probation order is pending on appeal. The court granted a writ of habeas corpus to release petitioners from unlawful custody based on an
• Cronnon v. State OF Ala.
  557 F.2d 472· 5th Cir.· 1977-08-12 ·cited 8×
  The court held that the petitioner had exhausted his state remedies for all claims raised in his habeas petition. The district court erred in refusing to adjudicate six of the seven claims on the merits.