Habeas Corpus

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

• Algar Ferguson v. Judge James A. Knight
  792 F.2d 581· 6th Cir.· 1986-06-11 ·cited 6×
  The court held that the use of a prior conviction to prove intent to sell in a second offense trafficking charge, without a limiting instruction, did not violate the Constitution under the Jackson v. Virginia standard.
• Collins v. Kemp
  792 F.2d 987· 11th Cir.· 1986-06-09 ·cited 6×
  The court stayed the inmate's execution pending further order to allow full briefing on the retroactivity of Michigan v. Jackson and the impact of Clark v. Rose.
• Griffin v. Tim West and the Attorney General of Oklahoma
  791 F.2d 1578· 10th Cir.· 1986-06-03 ·cited 6×
  The court held that the petitioner failed to demonstrate prejudice from his counsel's failure to file an appellate brief, as the conviction would have been affirmed on its merits.
• Wood v. R.C. Marshall
  790 F.2d 548· 6th Cir.· 1986-05-16 ·cited 6×
  Conflicting jury instructions on the burden of proof for an insanity defense do not violate due process if the defense does not negate an element of the crime and the instructions, viewed as a whole, are not constitutionally infirm.
• Hoggart v. Louie L. Wainwright
  490 So. 2d 129· Fla. 1st DCA· 1986-05-15 ·cited 6×
  Hoggart filed an untimely appeal of a post-conviction relief denial but obtained a writ of habeas corpus for belated appeal after the trial court failed to inform him of his appeal rights. The appellate court reversed the erroneous trial court order and remanded for reconsiderati
• Robards v. Rees
  789 F.2d 379· 6th Cir.· 1986-04-25 ·cited 6×
  The Sixth Circuit affirmed the denial of the habeas corpus petition, holding that the state trial court did not abuse its discretion in denying the defendant's untimely request to proceed pro se and that the use of prior convictions did not violate double jeopardy or constitution
• Rodriguez v. Scully
  788 F.2d 62· 2d Cir.· 1986-04-09 ·cited 6×
  The court affirmed the denial of the habeas corpus petition, but held that the district court should not have reached the merits due to procedural default.
• Bradshaw v. O.L. McCOTTER
  785 F.2d 1327· 5th Cir.· 1986-04-04 ·cited 6×
  The court held that the appearance of impropriety created by a judge's name on a prosecuting attorney's brief, even if not actively involved in the prosecution, violates a defendant's right to an impartial tribunal.
• Wilson v. Norris McMACKEN
  786 F.2d 216· 6th Cir.· 1986-03-17 ·cited 6×
  The court held that the petitioner's claims of ineffective assistance of counsel, erroneous jury instructions, conviction against the manifest weight of the evidence, and denial of an evidentiary hearing/new trial were without merit.
• Loggins v. Frey
  786 F.2d 364· 8th Cir.· 1986-03-17 ·cited 6×
  The court held that the trial court did not err in denying a continuance and that the defendant waived his right of confrontation by stipulating to the victim's unavailability.
• Dres v. Campoy
  784 F.2d 996· 9th Cir.· 1986-03-13 ·cited 6×
  The court held that the admission of preliminary hearing testimony violated the Confrontation Clause because the prosecution failed to demonstrate the witness's unavailability and the testimony lacked sufficient indicia of reliability.
• Cook v. Bilia Morrill
  783 F.2d 593· 5th Cir.· 1986-02-26 ·cited 6×
  The Sixth Amendment right to a trial in the district where the crime was committed does not apply to state prosecutions, and a change of venue in a state case does not violate due process unless it results in a conviction obtained without due process.
• Horace v. Louie L. Wainwright
  781 F.2d 1558· 11th Cir.· 1986-02-14 ·cited 6×
• Huckelbury v. Louie L. Wainwright
  781 F.2d 1544· 11th Cir.· 1986-02-10 ·cited 6×
  The court held that the confession was voluntary and preceded by adequate Miranda warnings, despite the timing of the warnings relative to the confession.
• United States v. Raetzsch
  781 F.2d 1149· 5th Cir.· 1986-02-05 ·cited 6×
  An unsupported allegation of an unkept plea bargain does not merit an evidentiary hearing when the plea statements to the contrary were not given under oath, especially when raised late and inconsistent with prior statements.
• Royal A. Every v. Blackburn
  781 F.2d 1138· 5th Cir.· 1986-02-05 ·cited 6×
  The court held that the state's concession of error was incorrect, and no evidentiary hearing was required because the record showed the sentencing judge was aware of his discretion when resentencing the defendant in 1980.
• Hughes v. Stafford
  780 F.2d 1580· 11th Cir.· 1986-01-30 ·cited 6×
  The district court correctly dismissed the federal habeas corpus petition for failure to exhaust state remedies, as the petitioner bypassed an available state appellate procedure.
• Carroll Harland Williams v. Raines
  783 F.2d 774· 9th Cir.· 1986-01-09 ·cited 6×
  The court held that a guilty plea is voluntary and counsel is effective even if the defendant does not specifically recall being told the definition of malice, provided the elements were generally explained and the defendant affirmed understanding.
• Flowers v. Blackburn
  779 F.2d 1115· 5th Cir.· 1986-01-08 ·cited 6×
  The court held that the jury instructions in the first-degree murder trial impermissibly relieved the state of its burden to prove the defendant's specific intent to kill, violating due process.
• Harris v. Scully
  779 F.2d 875· 2d Cir.· 1985-12-19 ·cited 6×
  The court held that the trial court did not err in refusing to instruct the jury on justification as it relates to defense of third parties, nor in refusing to instruct on second degree manslaughter.
• Logan v. Abshire
  778 F.2d 283· 6th Cir.· 1985-12-09 ·cited 6×
  The court held that the Sandstrom error in the jury instructions was harmless beyond a reasonable doubt, and thus the district court erred in granting a conditional writ of habeas corpus.
• Hyman v. Aiken
  777 F.2d 938· 4th Cir.· 1985-11-25 ·cited 6×
  The court held that the jury instructions regarding the death penalty were erroneous because they allowed for its imposition on an aider and abettor without requiring a finding of intent to kill, violating the Eighth and Fourteenth Amendments.
• Jones v. Richards
  776 F.2d 1244· 4th Cir.· 1985-11-12 ·cited 6×
  The court held that the use of private attorneys to assist in a criminal prosecution, even while representing civil plaintiffs against the defendant, did not violate the defendant's constitutional right to an impartial prosecutor under the facts presented.
• Griffin v. Aiken
  775 F.2d 1226· 4th Cir.· 1985-10-28 ·cited 6×
  The court held that the appellant did not demonstrate circumstances justifying a presumption of ineffective assistance of counsel, nor did he meet the Strickland standard for deficient performance and prejudice. Furthermore, his due process and Fourth/Fifth Amendment claims were
• Istvan Kele v. United States Parole Comm'n
  775 F.2d 243· 8th Cir.· 1985-10-15 ·cited 6×
  The court held that the Parole Commission complied with the district court's order to provide a new parole hearing, and its subsequent decision was not an abuse of discretion.
• Barney Earl Crutchfield v. Louie L. Wainwright
  772 F.2d 839· 11th Cir.· 1985-10-03 ·cited 6×
  The court held that the district court applied an improper legal standard by presuming prejudice from the denial of access to counsel during a brief recess, and that prejudice must be shown.
• Willis v. Lansome Newsome
  771 F.2d 1445· 11th Cir.· 1985-09-24 ·cited 6×
  The court held that the district court did not err in denying the motion for exhumation or the petition for writ of habeas corpus, as the appellant's ineffective assistance of counsel claims were based on reasonable tactical decisions by his attorneys.
• Ames v. NEW York State Div. OF Parole
  772 F.2d 13· 2d Cir.· 1985-09-17 ·cited 6×
  A defendant's guilty plea is not rendered involuntary by failure to inform them of an affirmative defense, especially when the burden of persuasion for that defense rests on the defendant.
• Emmit Charles Lyons v. O.L. McCOTTER
  770 F.2d 529· 5th Cir.· 1985-09-13 ·cited 6×
  The court held that trial counsel's failure to object to the introduction of the defendant's prior conviction details and failure to request a limiting instruction constituted ineffective assistance of counsel.
• Duffy v. Foltz
  772 F.2d 1271· 6th Cir.· 1985-09-13 ·cited 6×
  The majority's holding that the prosecution must disprove the affirmative defense of insanity as a matter of constitutional law is inconsistent with Supreme Court precedent.
• Dyas v. Art Lockhart
  771 F.2d 1144· 8th Cir.· 1985-08-28 ·cited 6×
  The court held that the district court erred in finding a knowing waiver of the right to an impartial judge and that a hearing on actual prejudice was required.
• United States ex rel. Charles "Chuck" Miller v. Greer
  772 F.2d 293· 7th Cir.· 1985-08-27 ·cited 6×
  The court held that the prosecutor's comment on the petitioner's post-arrest silence violated the Due Process Clause and was not harmless error.
• Richard L. Church v. Kincheloe
  767 F.2d 639· 9th Cir.· 1985-08-01 ·cited 6×
  The dissenting judge believes that counsel's failure to object to an unconstitutional jury instruction and failure to properly present an intoxication defense constituted ineffective assistance of counsel.
• Rose v. Duckworth
  769 F.2d 402· 7th Cir.· 1985-07-29 ·cited 6×
  The court held that the prosecutor's elicitation of improper testimony, even if careless or reckless, did not impermissibly influence the jury's determination of guilt, and thus federal habeas corpus relief was not warranted.
• Domingo Casillas v. Scully
  769 F.2d 60· 2d Cir.· 1985-07-25 ·cited 6×
  The court held that the state trial court's refusal to give a lesser-included offense charge was not an error of constitutional magnitude, and the appellate court's affirmance did not violate the Ex Post Facto Clause.
• Walker v. McLAIN
  768 F.2d 1181· 10th Cir.· 1985-07-25 ·cited 6×
  An indigent person facing incarceration in a civil contempt action for nonsupport is entitled to appointed counsel, and the court must inform them of this right.
• Jones v. O.L. McCOTTER
  767 F.2d 101· 5th Cir.· 1985-07-18 ·cited 6×
  The admission of psychiatric testimony at the punishment stage of a capital murder trial, based on interviews conducted without Miranda warnings, violates the defendant's Fifth Amendment rights.
• Palmore v. Sidoti
  472 So. 2d 843· Fla. 2d DCA· 1985-07-12 ·cited 6×
  In this custody dispute following a U.S. Supreme Court reversal on constitutional grounds, the Florida appellate court affirmed the trial court's decision to decline jurisdiction and defer to a Texas court for final custody determination. The case addresses the proper forum for r
• Hezekiah Pittman, Jr. v. Black
  764 F.2d 545· 8th Cir.· 1985-06-18 ·cited 6×
  The court held that the appellant's statements to police were admissible because he initiated further communication after invoking his right to counsel, and he made a knowing and intelligent waiver of his rights.
• Rone v. Wyrick
  764 F.2d 532· 8th Cir.· 1985-06-14 ·cited 6×
  A juvenile's confession is admissible if voluntarily made under the totality of the circumstances, even without parental presence, provided the juvenile knowingly and intelligently waived their rights.
• Doyle J. Williams v. Wyrick
  763 F.2d 363· 8th Cir.· 1985-06-06 ·cited 6×
  The court held that motions to recall the mandate are not an adequate or appropriate means of exhausting state remedies for all claims in a federal habeas petition.
• DIX v. Kemp
  763 F.2d 1207· 11th Cir.· 1985-06-05 ·cited 6×
  The court held that the jury instructions on mitigating circumstances failed to adequately explain their nature and function, violating the Eighth Amendment, and that the jury instructions on malice and intent impermissibly shifted the burden of proof, violating the Fourteenth Am
• Kiendra v. Hadden
  763 F.2d 69· 2d Cir.· 1985-05-24 ·cited 6×
  A federal sentence begins to run from the date it is ordered to commence, even if federal marshals neglect to take custody of the prisoner, and such neglect cannot be charged against the prisoner.
• Lamont Hudson v. Moran
  760 F.2d 1027· 9th Cir.· 1985-05-17 ·cited 6×
  A voluntary and intelligent guilty plea generally precludes a defendant from seeking federal habeas corpus relief based on pre-plea constitutional violations, including extradition challenges.
• Stepney v. Lopes
  760 F.2d 40· 2d Cir.· 1985-04-16 ·cited 6×
  The court held that a federal habeas petitioner who procedurally defaulted a constitutional claim in state court must demonstrate cause and prejudice for the default to obtain federal review, even if the state appellate court did not explicitly rule on the default.
• Sacasas v. R.H. Rison
  755 F.2d 1533· 11th Cir.· 1985-03-28 ·cited 6×
  The failure to hold a termination of supervision hearing under 18 U.S.C. § 4211 does not entitle a parolee to release from custody, and the proper remedy is a mandamus action to compel compliance.
• Young v. Kemp
  758 F.2d 514· 11th Cir.· 1985-03-19 ·cited 6×
  The court held that a successive habeas corpus petition could be dismissed as an abuse of the writ if new claims were deliberately withheld or omitted due to inexcusable neglect, and that the 'ends of justice' did not require relitigation of previously decided claims.
• Songer v. Louie L. Wainwright
  756 F.2d 799· 11th Cir.· 1985-02-05 ·cited 6×
• Isidro Sanchez Ochoa v. M.C. Lennon, Jr.
  750 F.2d 1345· 5th Cir.· 1985-01-24 ·cited 6×
  The dissenting judge would hold that when a sentence is reinstated or reduced after probation revocation, it is not a new sentencing but a continuation or modification of the original sentence.
• Ford v. Louie L. Wainwright
  752 F.2d 526· 11th Cir.· 1985-01-17 ·cited 6×
  The court held that the Florida statute for determining the sanity of a death row inmate meets minimum due process standards, and precedent binds the panel to affirm the denial of the petition.