Habeas Corpus

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

• Rickie Cole v. Lane
  830 F.2d 104· 7th Cir.· 1987-10-02 ·cited 6×
  A confession is voluntary if it is the product of an essentially free and unconstrained choice, even if a promise of leniency was made, provided the totality of circumstances do not show the defendant's will was overborne.
• Groseclose v. Dutton
  829 F.2d 581· 6th Cir.· 1987-09-18 ·cited 6×
  The court held that the district court erred in proceeding independently and in applying an incorrect legal standard for Eighth Amendment claims. The case should have been consolidated with a pending class action.
• Plunkett v. Johnson
  828 F.2d 954· 2d Cir.· 1987-09-15 ·cited 6×
  The court held that Granberry v. Greer does not require review of unexhausted habeas corpus claims absent exceptional circumstances of peculiar urgency.
• Sterling Rault, Sr. v. Butler
  826 F.2d 299· 5th Cir.· 1987-08-19 ·cited 6×
  The court held that the petitioner failed to make a substantial showing of the denial of a federal right, and therefore denied his application for a certificate of probable cause and stay of execution.
• Marrero v. Dugger
  823 F.2d 1468· 11th Cir.· 1987-08-07 ·cited 6×
  The court held that the district court failed to comply with the Supreme Court's mandate to reconsider the Eighth Amendment claim under the proportionality analysis established in Solem v. Helm, improperly focusing only on parole eligibility.
• King v. Hoke
  825 F.2d 720· 2d Cir.· 1987-08-06 ·cited 6×
  A sentencing judge's incorrect understanding of a defendant's minimum statutory parole eligibility date, if it materially influences the sentence, violates due process.
• Darnell v. Swinney
  823 F.2d 299· 9th Cir.· 1987-07-27 ·cited 6×
  The court held that the appellant's conviction did not violate due process, as he had fair warning that his conduct was criminal and the jury instructions, while imperfect, did not so infect the trial as to deny him due process.
• Thomas v. Lanson Newsome
  821 F.2d 1550· 11th Cir.· 1987-07-20 ·cited 6×
  The court held that the appellant's Fourth Amendment claim was not meritorious, his jury did not improperly consider the original indictment, and his resentencing did not violate the Eighth or Fourteenth Amendments.
• Johnson v. Pfeiffer
  821 F.2d 1120· 5th Cir.· 1987-07-17 ·cited 6×
  The court held that the inmate's pro se complaint sufficiently stated claims for relief under 42 U.S.C. § 1983, and that these claims were not barred by the requirement to exhaust state remedies via habeas corpus.
• Battle v. U.S. Parole Comm'n
  834 F.2d 419· 5th Cir.· 1987-07-10 ·cited 6×
  The U.S. Parole Commission has the legal authority to supervise and revoke a special parole term, and can impose such a term consecutively to a new sentence.
• Danner v. United States
  820 F.2d 1166· 11th Cir.· 1987-07-06 ·cited 6×
  The court held that the defendant failed to establish an actual conflict of interest adversely affecting his trial counsel's performance, and therefore his claim of ineffective assistance of counsel was denied.
• Fink v. A.L. Lockhart
  823 F.2d 204· 8th Cir.· 1987-07-06 ·cited 6×
  The court held that the petitioner failed to demonstrate prejudice from his counsel's alleged errors, and therefore, his claim of ineffective assistance of counsel was properly denied.
• Wasko v. Vasquez
  820 F.2d 1090· 9th Cir.· 1987-06-29 ·cited 6×
  The court held that the Department of Corrections incorrectly altered Wasko's sentence for escape from local custody, and the correct sentence length should be eight months as originally imposed by the sentencing court.
• Clark v. Rose
  822 F.2d 596· 6th Cir.· 1987-06-24 ·cited 6×
  The Court held that the Sandstrom error in the jury instruction was harmless beyond a reasonable doubt because the evidence overwhelmingly established the defendant's guilt and intent, and the jury would have reached the same verdict regardless of the erroneous instruction.
• Elliott Rod Johnson v. Lynaugh
  821 F.2d 224· 5th Cir.· 1987-06-23 ·cited 6×
  The court denied the application for a certificate of probable cause and a stay of execution, affirming the lower court's denial of habeas corpus relief.
• Berry v. Phelps
  819 F.2d 511· 5th Cir.· 1987-06-05 ·cited 6×
  The court held that the petitioner's claims were barred by the abuse of the writ doctrine because they were not raised in prior federal habeas petitions. The court also found the claims lacked merit.
• Alton Carol Franks v. Alford
  820 F.2d 345· 10th Cir.· 1987-06-05 ·cited 6×
  The appellate court's modification of a first-degree felony murder conviction to second-degree murder, without a jury finding the elements of second-degree murder, violates the defendant's Sixth and Fourteenth Amendment right to a jury trial.
• Hulstine v. Morris
  819 F.2d 861· 8th Cir.· 1987-05-28 ·cited 6×
  The court held that the petitioner did not receive ineffective assistance of counsel and the felony information was not defective, as he understood the charges and consequences of his guilty plea.
• Maddox v. Lord
  818 F.2d 1058· 2d Cir.· 1987-05-18 ·cited 6×
  The court held that the district court erred in denying a habeas corpus petition without a hearing, remanding for an evidentiary hearing on claims of ineffective assistance of counsel and a prosecutor's potential pecuniary interest in the conviction.
• Rowland Lamar Allen v. Thompson
  815 F.2d 1433· 11th Cir.· 1987-05-04 ·cited 6×
  Federal prosecutors are absolutely immune from civil liability for damages when providing information to the Parole Commission, as this activity is intimately associated with the judicial phase of the criminal process.
• Rice v. Marshall
  816 F.2d 1126· 6th Cir.· 1987-04-24 ·cited 6×
• Thomas v. Morris
  816 F.2d 364· 8th Cir.· 1987-04-03 ·cited 6×
  The court held that Thomas' constitutional rights were violated by vacating a served sentence and continuing confinement under a life sentence for felony murder.
• Potts v. Kemp
  814 F.2d 1512· 11th Cir.· 1987-03-30 ·cited 6×
  A jury instruction creating a mandatory rebuttable presumption of intent is unconstitutional, but such an error can be harmless if the evidence of guilt is overwhelming.
• Hayden v. United States
  814 F.2d 888· 2d Cir.· 1987-03-27 ·cited 6×
  The court held that the habeas corpus petitioners failed to present sufficient specific facts, supported by competent evidence, to warrant a full evidentiary hearing on their claims of jury tampering through bribery.
• United States ex rel. John Shiflet v. Lane
  815 F.2d 457· 7th Cir.· 1987-03-25 ·cited 6×
  The court held that federal habeas review of the Fourth Amendment claim was precluded by Stone v. Powell, and the Sixth Amendment right to counsel had not attached at the time of the investigator's disclosure.
• McQUEEN v. Garrison
  814 F.2d 951· 4th Cir.· 1987-03-19 ·cited 6×
  The court held that the admission of hypnotically enhanced testimony did not violate the defendant's Sixth Amendment right to confront witnesses, as the testimony was sufficiently independent of the hypnosis and corroborated by other evidence.
• United States v. O'Grady
  812 F.2d 347· 7th Cir.· 1987-02-20 ·cited 6×
  The court affirmed the district court's decision, finding the state court's bail determination was not arbitrary and thus not a violation of the Eighth Amendment.
• Redd v. Sowders
  809 F.2d 1266· 6th Cir.· 1987-01-28 ·cited 6×
  The court held that the appellee was denied his constitutional right to a speedy trial, affirming the district court's grant of a writ of habeas corpus.
• Beauford White v. Louie L. Wainwright
  809 F.2d 1478· 11th Cir.· 1987-01-20 ·cited 6×
  The court held that the state courts' findings that the petitioner contemplated the use of lethal force and voluntarily participated in the robbery and murders were supported by the record and satisfied the Enmund standard, thus allowing the imposition of the death penalty.
• McDONALD v. Blackburn
  806 F.2d 613· 5th Cir.· 1986-12-24 ·cited 6×
  The court held that the district court properly dismissed the appellant's second habeas corpus petition under Rule 9(b) because it failed to allege new grounds for relief and the prior determination was on the merits, and that relief on the second ground was also properly denied.
• McCULLUM v. State
  498 So. 2d 1374· Fla. 3d DCA· 1986-12-23 ·cited 6×
  Roy McCullum was convicted of conspiracy to commit armed robbery and robbery without a firearm, and sentenced to two concurrent 15-year terms—a substantial departure from the sentencing guidelines' recommended 3.5 to 4.5 years. The court vacated the sentence and remanded for rese
• Thompson v. Armontrout
  808 F.2d 28· 8th Cir.· 1986-12-23 ·cited 6×
  The court held that the district court correctly applied the principles of North Carolina v. Pearce to a parole board's denial of parole, finding vindictiveness based on the unique facts of the case.
• Andrade v. O.L. McCOTTER
  805 F.2d 1190· 5th Cir.· 1986-12-01 ·cited 6×
  The court held that the prisoner failed to make a substantial showing of the denial of a federal right, thus denying his request for a certificate of probable cause and a stay of execution.
• Lue Elbert Sullivan v. Blackburn
  804 F.2d 885· 5th Cir.· 1986-11-28 ·cited 6×
  The court held that the failure to instruct the jury on insanity did not violate due process, and the sentencing statute for second-degree murder was not unconstitutionally vague.
• Bransford v. Brown
  806 F.2d 83· 6th Cir.· 1986-11-20 ·cited 6×
  The unavailability of jury instruction transcripts is not a per se violation of due process, and a defendant must demonstrate prejudice from the missing transcripts or counsel's failure to obtain them to succeed on appeal.
• Borden v. Meese
  803 F.2d 1530· 11th Cir.· 1986-11-12 ·cited 6×
  The court held that the Board of Immigration Appeals' conclusion that the INS had not abandoned its administrative appeal was reasonable, and thus the district court erred in granting habeas corpus relief.
• Krist v. Foltz
  804 F.2d 944· 6th Cir.· 1986-11-06 ·cited 6×
  The court held that the petitioner's claims of ineffective assistance of counsel and denial of the right to counsel were without merit, and the state court's findings were entitled to deference.
• DIX v. Kemp
  804 F.2d 618· 11th Cir.· 1986-10-28 ·cited 6×
  The court held that a jury instruction impermissibly shifting the burden of proof on intent, in violation of Sandstrom v. Montana, was not harmless error when the defendant raised an insanity defense, as intent remained a critical issue.
• Vandenberg v. Rodgers
  801 F.2d 377· 10th Cir.· 1986-09-23 ·cited 6×
  The court held that the appeal is moot because the appellant has been released from custody and no longer suffers any direct consequences from the challenged parole delay.
• Davis v. Wainwright
  644 F. Supp. 269· M.D. Fla.· 1986-09-23 ·cited 6×
  The court held that a pattern of deliberate delay in filing habeas corpus petitions, particularly when timed to occur shortly before a scheduled execution, constitutes an abuse of the writ, justifying denial of the petition and stay requests.
• Hardwick v. Louie L. Wainwright
  496 So. 2d 796· Fla.· 1986-09-22 ·cited 6×
  The court denied the petition for a writ of habeas corpus and stay of execution, finding no ineffective assistance of appellate counsel and that the claim regarding arbitrary application of the death penalty was procedurally barred.
• Hickey v. Baxter
  800 F.2d 430· 4th Cir.· 1986-09-15 ·cited 6×
  The court held that the Parental Kidnapping Prevention Act (PKPA) allows federal courts to enforce one of two conflicting state custody orders, and the traditional domestic relations exception does not apply to such actions.
• Shaw v. Sheriff Winters
  796 F.2d 1124· 9th Cir.· 1986-08-11 ·cited 6×
  The court held that the government's conduct in an undercover operation involving the sale of food stamps was not so outrageous as to violate due process and bar prosecution.
• Beasley v. O.L. McCOTTER
  798 F.2d 116· 5th Cir.· 1986-08-05 ·cited 6×
  The court held that the appellant's claims were waived or abandoned, and therefore, his petition for rehearing was denied.
• Dees v. Murphy
  794 F.2d 1543· 11th Cir.· 1986-07-28 ·cited 6×
  A federal prisoner must exhaust federal habeas corpus remedies under 28 U.S.C. § 2255 before bringing a civil rights action challenging the validity of the prisoner's conviction.
• Jefferies v. Louie L. Wainwright
  794 F.2d 1516· 11th Cir.· 1986-07-25 ·cited 6×
  Denial of a free transcript to an indigent defendant is unconstitutional only if the transcript is valuable to the defense and no functional alternatives exist.
• United States ex rel. Gilbert Rivera v. Franzen
  794 F.2d 314· 7th Cir.· 1986-07-02 ·cited 6×
  The court held that defense counsel is not constitutionally required to investigate a client's mental capacity in every case, absent circumstances putting counsel on notice.
• Garris v. Lindsay
  794 F.2d 722· D.C. Cir.· 1986-07-01 ·cited 6×
  The court held that a certificate of probable cause is a mandatory jurisdictional prerequisite for a habeas corpus appeal, and appellant's failure to obtain one, coupled with the adequacy of the local remedy, warrants dismissal.
• Fitzpatrick v. Louie L. Wainwright
  490 So. 2d 938· Fla.· 1986-06-26 ·cited 6×
  The court held that appellate counsel's failure to argue the trial court's error in allowing the state to present anticipatory rebuttal evidence regarding a waived mitigating circumstance constituted ineffective assistance of counsel.
• Johanson v. Orville Pung & the Attorney Gen. of the State of Mo.
  795 F.2d 48· 8th Cir.· 1986-06-26 ·cited 6×
  The court held that the state trial court's self-defense instructions and the prosecuting attorney's closing arguments did not deny the appellant due process of law.