Habeas Corpus

18,785 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Lofton v. Whitley
  905 F.2d 885· 5th Cir.· 1990-07-13 ·cited 6×
  A conviction affirmed based on a "no merit" brief that fails to follow Anders procedures constitutes a constructive denial of counsel, entitling the petitioner to habeas relief.
• Lundy v. Zelez
  908 F.2d 593· 10th Cir.· 1990-07-11 ·cited 6×
  The court held that the petitioner failed to meet the standard for review in a military habeas corpus action, as his claim was not substantially free of factual questions and he did not allege the military courts failed to give fair consideration.
• Schrader v. Whitley
  904 F.2d 282· 5th Cir.· 1990-06-28 ·cited 6×
  The court held that the trial court did not abuse its discretion in denying a continuance when the opposing party stipulated to the absent witness's testimony and its truthfulness, and the testimony was likely cumulative.
• Donnie Shafer v. Hal Stratton
  906 F.2d 506· 10th Cir.· 1990-06-26 ·cited 6×
  The court held that the district court correctly denied the petition for a writ of habeas corpus because the petitioner's claims were either procedurally defaulted, not of constitutional magnitude, or lacked merit under federal law.
• Orndorff v. A.L. Lockhart
  906 F.2d 1230· 8th Cir.· 1990-06-19 ·cited 6×
  The court held that the prosecutor's failure to disclose a key witness's hypnosis was a constitutional error, but the harmless error analysis requires comparing pre-hypnosis statements with trial testimony, not deeming it inherently prejudicial.
• Larson v. United States
  905 F.2d 218· 8th Cir.· 1990-06-06 ·cited 6×
  The court held that a district court should have given controlling weight to its prior denial of a habeas petition when considering a successive petition, and dismissed the second petition on that basis.
• O'Bremski v. Manfred Maass
  915 F.2d 418· 9th Cir.· 1990-06-06 ·cited 6×
  The court held that the prisoner's claims were not colorable under federal law and that the Board's action in vacating an invalid release date was proper under Oregon law, thus affirming the dismissal of his habeas petition.
• Ferguson v. Jones
  905 F.2d 211· 8th Cir.· 1990-06-05 ·cited 6×
  The court held that the district court did not err in denying the petition for a writ of habeas corpus because the claims were either procedurally barred or did not rise to the level of a constitutional violation.
• Stomner v. Darrell Kolb & the Attorney Gen. of the State of Wis.
  903 F.2d 1123· 7th Cir.· 1990-06-04 ·cited 6×
  The court held that the denial of severance and certain evidentiary rulings did not violate due process or render the trial fundamentally unfair.
• Tippitt v. A.L. Lockhart
  903 F.2d 552· 8th Cir.· 1990-05-11 ·cited 6×
  The court held that the appellant's habeas claims for ineffective assistance of counsel were procedurally barred because they were not raised in state court and he failed to show cause for this failure.
• Battle v. Armontrout
  902 F.2d 701· 8th Cir.· 1990-05-09 ·cited 6×
  The court held that the district court abused its discretion in denying the appointment of counsel for an indigent, incarcerated petitioner in a capital habeas corpus case.
• Elcock v. Henderson
  902 F.2d 219· 2d Cir.· 1990-05-03 ·cited 6×
  The court held that the district court should appoint counsel to assist the petitioner in preparing his habeas corpus petition, specifically to address a due process claim regarding appellate delay.
• Fairchild v. A.L. Lockhart
  900 F.2d 1292· 8th Cir.· 1990-04-17 ·cited 6×
  A successive habeas petition is procedurally barred and an abuse of the writ if new claims were available earlier and no cause or prejudice is shown. Even on the merits, the petitioner failed to demonstrate that alleged mental retardation rendered his confessions unreliable or th
• Langle v. State
  559 So. 2d 657· Fla. 5th DCA· 1990-03-22 ·cited 6×
  The court held that a petitioner seeking release due to a delayed final revocation hearing must demonstrate prejudice resulting from the delay, even if the delay is presumed unreasonable.
• Walker v. Honorable Betty Rushing
  898 F.2d 672· 8th Cir.· 1990-03-16 ·cited 6×
  The court held that the Major Crimes Act does not divest the Omaha Tribal Court of jurisdiction over offenses involving motor vehicles on public roads because Nebraska retained jurisdiction over such offenses when it retroceded other jurisdiction to the federal government.
• Toomey v. Bunnell
  898 F.2d 741· 9th Cir.· 1990-03-13 ·cited 6×
  The court held that an attorney's failure to move for suppression of evidence, even if intentionally done to create appeal grounds, does not constitute ineffective assistance of counsel if the motion would have been unsuccessful and the client was aware of the strategy.
• Mylon C. Cross v. O'Leary
  896 F.2d 1099· 7th Cir.· 1990-03-05 ·cited 6×
  The court held that the petitioner failed to demonstrate a substantial likelihood that the testimony of newly produced witnesses would have led to a different trial result, thus failing to meet the prejudice prong of the ineffective assistance of counsel claim.
• Polmanteer v. State
  557 So. 2d 678· Fla. 2d DCA· 1990-03-02 ·cited 6×
  The court held that while the trial court erred in considering contested prior convictions without corroborating evidence, this issue should have been raised on direct appeal, not in a motion to correct sentence.
• McCONNELL v. T.C. Martin
  896 F.2d 441· 10th Cir.· 1990-02-12 ·cited 6×
  The attempted execution of a parole violator warrant contrary to its specific instructions was invalid, allowing the Parole Commission to withdraw it and issue a new warrant as a detainer.
• Gordon v. Duran
  895 F.2d 610· 9th Cir.· 1990-02-05 ·cited 6×
  The court held that the district court's denial of the habeas corpus petition was proper, as none of the petitioner's claims presented a basis for federal relief.
• Harper v. Grammer
  895 F.2d 473· 8th Cir.· 1990-02-05 ·cited 6×
  The Eighth Circuit affirmed the denial of the habeas corpus petition, holding that the Nebraska Supreme Court's interpretation of the "especially heinous, atrocious, or cruel" aggravating circumstance was constitutionally sufficient, and that other claims were procedurally barred
• Clark v. Commonwealth OF Pa.
  892 F.2d 1142· 3d Cir.· 1989-12-27 ·cited 6×
  The court held that the 1974 convictions, obtained without a required juvenile certification hearing, were constitutionally infirm and should not have been considered in sentencing for the 1979 conviction.
• Wilson v. Brown
  889 F.2d 1195· 1st Cir.· 1989-11-21 ·cited 6×
  A suit against a state official in their official capacity for monetary damages under 42 U.S.C. § 1983 is barred because state officials are not considered 'persons' under the statute. Injunctive relief was not timely sought.
• Stano v. Dugger
  889 F.2d 962· 11th Cir.· 1989-11-17 ·cited 6×
  The court held that the trial court erred in accepting the defendant's guilty plea, as it violated his Sixth Amendment right to counsel, either by failing to ensure a knowing waiver of counsel when he effectively proceeded pro se, or by accepting the plea when counsel's assistanc
• Chitwood v. Denis Dowd
  889 F.2d 781· 8th Cir.· 1989-11-14 ·cited 6×
  The court held that Chitwood's claim presented special circumstances excusing the exhaustion of state remedies and that Missouri courts have the authority to order sentences to run concurrently with out-of-state sentences, creating a due process liberty interest. However, the unc
• Flick v. Dudley Blevins
  887 F.2d 778· 7th Cir.· 1989-10-12 ·cited 6×
  The court held that a writ of habeas corpus ad prosequendum does not operate as a detainer and that the federal government retained jurisdiction over the petitioner, thus his petition was frivolous.
• Romero v. Lynaugh
  884 F.2d 871· 5th Cir.· 1989-10-05 ·cited 6×
  The court held that the defendant's trial counsel provided constitutionally effective assistance, and the federal district court erred in granting habeas corpus relief.
• Taylor v. C.A. Turner
  884 F.2d 1088· 8th Cir.· 1989-09-08 ·cited 6×
  The court held that the inmate failed to demonstrate deliberate indifference to his serious medical needs, and thus the denial of his habeas corpus petition was affirmed.
• Collazo v. Estelle
  898 F.2d 87· 9th Cir.· 1989-09-01 ·cited 6×
  The court held that the defendant's confession was voluntary and admissible, as it was not the product of police coercion despite initial improper statements.
• Peoples v. Fulcomer
  882 F.2d 828· 3d Cir.· 1989-08-18 ·cited 6×
  The court held that the claim of ineffective assistance of counsel was not exhausted because Pennsylvania courts might still entertain it, making the petition mixed and requiring the petitioner to elect which claims to proceed on.
• Earsel Larry Johnson v. Trickey
  882 F.2d 316· 8th Cir.· 1989-08-10 ·cited 6×
  The court held that a prisoner is entitled to an evidentiary hearing on claims that his conviction was obtained through the knowing use of perjured testimony and ineffective assistance of counsel, but affirmed the dismissal of a claim challenging the sufficiency of the charging i
• Durosko v. Lewis
  882 F.2d 357· 9th Cir.· 1989-08-07 ·cited 6×
  The court held that differences in the standards of proof between two sentence enhancement provisions meant they were not the 'same offense' for double jeopardy purposes, and collateral estoppel did not apply.
• Johnson v. State OF Tex.
  878 F.2d 904· 5th Cir.· 1989-08-04 ·cited 6×
  An order holding a § 1983 civil rights suit in abeyance pending exhaustion of state habeas corpus remedies is appealable under the collateral order doctrine.
• Harrison v. Dahm
  880 F.2d 999· 8th Cir.· 1989-07-27 ·cited 6×
  The court held that the exclusion of defense witness testimony and the refusal to give jury instructions on the "excited utterance" exception and lack of motive did not constitute constitutional error warranting federal habeas corpus relief.
• Staten v. Neal
  880 F.2d 962· 7th Cir.· 1989-07-26 ·cited 6×
  The Due Process Clause does not prohibit a state's attorney from prosecuting a defendant when a state's attorney from another county promised not to prosecute, if the first state's attorney lacked the authority to bind the second.
• Saccucci v. State
  546 So. 2d 1154· Fla. 2d DCA· 1989-07-26 ·cited 6×
  Saccucci appeals the denial of his motion for postconviction relief seeking to vacate a 1971 conviction for 'crimes against nature' under an unconstitutional statute, arguing the conviction now affects his parole eligibility on a subsequent conviction. The court affirms the denia
• Lewis v. Martin
  880 F.2d 288· 10th Cir.· 1989-07-24 ·cited 6×
  The court held that the original section 235(b)(3) of the Sentencing Reform Act of 1984 did not entitle prisoners to release within their guideline range, but rather was a phase-out provision for the Parole Commission.
• Garcia v. Perringer
  878 F.2d 360· 11th Cir.· 1989-07-24 ·cited 6×
  A federal court cannot grant habeas relief based solely on a state law issue, even if it believes the state court misinterpreted its own law.
• Lewis v. Borg
  879 F.2d 697· 9th Cir.· 1989-07-14 ·cited 6×
  A federal habeas claim is not barred by procedural default if the state court adjudicates the claim on the merits, even with a summary denial.
• Watts v. Bonneville
  879 F.2d 685· 9th Cir.· 1989-07-14 ·cited 6×
  The court held that imposing two sentences for rape in concert did not violate due process, as the defendant aided and abetted two separate criminal acts. The court also held that a defective jury instruction regarding aiding and abetting was harmless error.
• Mayo v. Lynaugh
  882 F.2d 134· 5th Cir.· 1989-06-30 ·cited 6×
  The court held that the prisoner's constitutional rights were not violated and affirmed the denial of his habeas corpus petition.
• Thomas v. Mun. Court OF the Antelope Valley Jud. Dist. OF Cal.
  878 F.2d 285· 9th Cir.· 1989-06-23 ·cited 6×
  The court held that a mistrial declared sua sponte due to an attorney's conflict of interest, which the defendant refused to waive, constituted manifest necessity, thus permitting retrial without violating the Double Jeopardy Clause.
• Cook v. A.L. Lockhart
  878 F.2d 220· 8th Cir.· 1989-06-20 ·cited 6×
  The court held that a successive habeas petition may be dismissed if the claims were previously decided or should have been raised, and the petitioner fails to demonstrate that the ends of justice warrant reexamination.
• Hill v. A.L. Lockhart
  877 F.2d 698· 8th Cir.· 1989-06-14 ·cited 6×
  The dissenting judge believes the court should not grant habeas corpus relief because the claim lacks constitutional merit and was previously rejected.
• Frank v. Brookhart
  877 F.2d 671· 8th Cir.· 1989-06-09 ·cited 6×
  The court held that the petitioner failed to establish grounds for habeas corpus relief, as the state courts' factual findings were supported by the record and the petitioner did not demonstrate prejudice from alleged prosecutorial misconduct, ineffective assistance of counsel, o
• Toomey v. Clark
  876 F.2d 1433· 9th Cir.· 1989-06-08 ·cited 6×
  The court held that considering a juvenile's pregnancy in a decision to decline jurisdiction does not, on its face or in effect, constitute unlawful sex discrimination under the Equal Protection Clause, as it was rationally related to the state's interest in rehabilitation and pu
• Leavitt v. Vasquez
  875 F.2d 260· 9th Cir.· 1989-05-25 ·cited 6×
  The court held that even if the jury instruction on aiding and abetting was erroneous, the jury necessarily found the required intent, making the error harmless beyond a reasonable doubt.
• Vicks v. Bunnell
  875 F.2d 258· 9th Cir.· 1989-05-23 ·cited 6×
  The court held that the district court erred in dismissing the habeas petition without obtaining the state court transcripts necessary to review the jury instruction issue.
• Griffin v. Dugger
  874 F.2d 1397· 11th Cir.· 1989-05-19 ·cited 6×
  The court affirmed the denial of the petition for writ of habeas corpus, holding that the Florida judicial system satisfied the requirements of Cabana and Enmund, and that statistical evidence and prosecutorial comments regarding victim race were insufficient to prove an unconsti
• Blackmon v. Armontrout
  875 F.2d 164· 8th Cir.· 1989-05-12 ·cited 6×
  The court held that the trial court's refusal to allow the defendant to represent himself was proper, and the defendant was not prejudiced by his appellate counsel's failure to argue for a competency hearing.