Habeas Corpus

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

• Eutues White v. Finkbeiner
  753 F.2d 540· 7th Cir.· 1985-01-15 ·cited 6×
  The government waived its right to contest the retroactive application of the Edwards rule by failing to raise the issue in prior proceedings.
• Dillon v. Duckworth
  751 F.2d 895· 7th Cir.· 1984-12-28 ·cited 6×
  The court held that the defendant received ineffective assistance of counsel due to his attorney's inexperience and personal crises, which led to an arbitrary denial of a continuance, but affirmed the denial of an evidentiary hearing and the trial judge's imposition of the death
• Clark v. L.L. Wainwright
  461 So. 2d 998· Fla. 1st DCA· 1984-12-20 ·cited 6×
  Florida appellate court reversed denial of habeas corpus petition where Parole Commission admitted error in arbitrarily extending inmate's presumptive parole release date without statutory justification.
• United States v. Plain
  748 F.2d 620· 11th Cir.· 1984-12-12 ·cited 6×
  The court held that a motion to vacate a sentence under 28 U.S.C. § 2255 is not the proper vehicle to challenge actions of the Parole Commission, nor does a subjective belief about parole eligibility render a guilty plea involuntary.
• Mirella Adelman v. Graves
  747 F.2d 986· 5th Cir.· 1984-12-03 ·cited 6×
  The district court improperly dismissed the pro se complaint with prejudice without first determining if the incompetent person's interests were adequately protected.
• Benedict v. Rodgers
  748 F.2d 543· 10th Cir.· 1984-11-13 ·cited 6×
  The Parole Commission must conduct a release hearing to evaluate a youth offender's response to treatment within a reasonable time after program completion, as prospective consideration of rehabilitation is insufficient under the YCA.
• Flores v. Procunier
  745 F.2d 338· 5th Cir.· 1984-11-01 ·cited 6×
  A district court lacks jurisdiction to grant a certificate of probable cause after the time for filing a motion to reconsider has expired, especially after the court of appeals has also denied such a certificate.
• Peek v. Kemp
  746 F.2d 672· 11th Cir.· 1984-10-26 ·cited 6×
• Wilson v. Procunier
  747 F.2d 251· 4th Cir.· 1984-10-25 ·cited 6×
  The court held that the defendant's failure to raise the jury instruction issue on direct appeal constitutes a procedural default for which he has not shown cause.
• Caudill v. Jago
  747 F.2d 1046· 6th Cir.· 1984-10-22 ·cited 6×
  The court held that a guilty plea is not rendered involuntary merely because it was entered to avoid the possibility of a death penalty, and the judge's explanation of potential consequences does not constitute coercion if it is a fair description of alternatives.
• Alwin E. Hopfmann v. Connolly
  746 F.2d 97· 1st Cir.· 1984-10-22 ·cited 6×
  The court held that the Massachusetts Democratic Party's 15 percent rule for primary ballot access does not violate the First, Fourteenth Amendments, Article I Section 4, or Article I Section 3 of the Constitution, and that a related Supreme Court dismissal is binding.
• Shapiro v. State
  456 So. 2d 968· Fla. 2d DCA· 1984-10-05 ·cited 6×
  The appellate court affirmed the trial court's denial of a habeas corpus petition. The court held that the extradition documents from Texas, consisting of an indictment and a capias, were sufficient and did not require a separate warrant authenticated by a committing magistrate.
• Willbright v. Smith
  745 F.2d 779· 2d Cir.· 1984-10-04 ·cited 6×
  The court held that a state trial judge's failure to explicitly inquire into the factual basis of a guilty plea does not violate due process if the totality of the circumstances demonstrates the plea was intelligent and voluntary.
• Powell v. Wyrick
  744 F.2d 632· 8th Cir.· 1984-09-26 ·cited 6×
  The court held that the petitioner knowingly and intelligently waived his right to counsel, and there was no constitutional infirmity in his conviction.
• Gibson v. Blackburn
  744 F.2d 403· 5th Cir.· 1984-09-25 ·cited 6×
  The court held that the pre-trial identification procedure was not impermissibly suggestive and affirmed the denial of habeas corpus relief.
• Baker v. Wade
  743 F.2d 236· 5th Cir.· 1984-09-21 ·cited 6×
  A county attorney seeking to intervene in an appeal after the state's Attorney General declined to appeal a statute's unconstitutionality does not have a right to intervene because the Attorney General adequately represented the state's interests.
• Elisha Thomas Harris v. A.L. Lockhart
  743 F.2d 619· 8th Cir.· 1984-09-13 ·cited 6×
  The court held that the state trial court's actions did not violate the appellant's Sixth Amendment rights to a fair jury or to present witnesses.
• Hillery Preston v. Maggio
  741 F.2d 99· 5th Cir.· 1984-09-10 ·cited 6×
  Federal habeas relief is denied because the petitioner failed to show actual prejudice from the alleged exclusion of Desire Housing Project residents from his jury venire.
• Dobbert v. Wainwright
  593 F. Supp. 1418· M.D. Fla.· 1984-09-03 ·cited 6×
  The court held that the state court's findings of fact were presumed correct and supported by the record, and that the petitioner's claims regarding witness testimony reliability and ineffective assistance of counsel lacked merit.
• Thompson v. Housewright
  741 F.2d 213· 8th Cir.· 1984-08-23 ·cited 6×
  The court held that a state prisoner is entitled to a transcript of his entire state trial to support his claim of ineffective assistance of counsel, even if the claim was not perfectly articulated in state court.
• Hayward v. U.S. Parole Comm'n & Joseph Petrovsky
  740 F.2d 610· 8th Cir.· 1984-08-01 ·cited 6×
  The court held that time spent at liberty on one's own recognizance pending appeal of a habeas corpus petition is not equivalent to time spent on parole and does not warrant sentence credit.
• Martin v. The State OF Tex.
  737 F.2d 460· 5th Cir.· 1984-07-18 ·cited 6×
  The court held that the failure of retained counsel to advise a defendant of their right to appointed counsel on appeal, when the defendant is indigent, constitutes ineffective assistance of counsel.
• Pringle v. Court OF Common Pleas
  744 F.2d 297· 3d Cir.· 1984-07-05 ·cited 6×
  A federal court has jurisdiction to hear a habeas corpus petition challenging a state statute's constitutionality if the petitioner was in custody when the petition was filed, even if a state sentence appeal might later result in a non-custodial sentence.
• Crowden v. Bowen
  734 F.2d 641· 11th Cir.· 1984-06-18 ·cited 6×
  The court held that denying a defendant credit for postsentencing custody in county jail pending appeal, solely due to indigency, violates the Equal Protection Clause when it results in a sentence exceeding the statutory maximum.
• Berg v. United States Parole Comm'n
  735 F.2d 378· 9th Cir.· 1984-06-18 ·cited 6×
  The court held that the Parole Commission correctly denied credit for time served on an intervening state conviction and correctly computed the salient factor score for reparole purposes.
• Adams v. O.J. Keller
  736 F.2d 320· 6th Cir.· 1984-05-29 ·cited 6×
  The dissenting judges hold that the Parole Commission and Reorganization Act of 1976 (PCRA) did not implicitly repeal the Youth Corrections Act (YCA), and therefore, response to treatment must remain a primary consideration for parole decisions for youth offenders.
• Weaver v. McKASKLE
  733 F.2d 1103· 5th Cir.· 1984-05-21 ·cited 6×
  A state prisoner's failure to comply with the state's contemporaneous objection rule procedurally defaults a claim for federal habeas review, absent a showing of cause and prejudice.
• Veneri v. State OF Mo. & Dick Moore
  734 F.2d 391· 8th Cir.· 1984-05-18 ·cited 6×
  The court held that the appellant's claims were cognizable exclusively under 28 U.S.C. § 2254, requiring exhaustion of state remedies, and were also frivolous.
• Ponce v. Hoyt C. Cupp
  735 F.2d 333· 9th Cir.· 1984-05-14 ·cited 6×
  The court held that federal habeas corpus relief was not warranted because the state courts provided a full and fair opportunity to litigate Fourth Amendment claims, and the pretrial and in-court identifications were reliable under the Biggers factors despite any suggestive proce
• Nedd v. Louie L. Wainwright
  449 So. 2d 982· Fla. 1st DCA· 1984-05-10 ·cited 6×
  Milton Jerome Nedd petitioned for habeas corpus relief, alleging he was illegally incarcerated beyond his sentence expiration due to misconstruction of his four five-year sentences as consecutive rather than concurrent, and improper crediting of 153 days jail-time to only one sen
• United States v. Walsh
  733 F.2d 31· 6th Cir.· 1984-04-24 ·cited 6×
  The court held that although the imposition of a mandatory parole term not disclosed at the time of a guilty plea can constitute a substantial addition to the bargained-for sentence, a defendant's failure to object to the plea's voluntariness prior to sentencing precludes collate
• Enos Jay Gardner v. Pitchess
  731 F.2d 637· 9th Cir.· 1984-04-20 ·cited 6×
  The court held that while the grant of a writ of habeas corpus was appropriate due to ineffective counsel, the order to dismiss all state charges was overly broad and should be modified.
• Pugliese v. Perrin
  731 F.2d 85· 1st Cir.· 1984-03-30 ·cited 6×
  The court held that allowing the jury to find negligent homicide based on purposeful, knowing, or reckless conduct violated the petitioner's Fifth Amendment right against double jeopardy through the doctrine of collateral estoppel.
• Williams v. Maggio
  727 F.2d 1387· 5th Cir.· 1984-03-26 ·cited 6×
  The court held that while the state trial court erred by not holding a hearing on the voluntariness of the incriminating statement, the error was harmless because the record supported the statement's voluntariness and there was no evidence of coercion.
• Esposito v. Ira Mintz
  726 F.2d 371· 7th Cir.· 1984-02-10 ·cited 6×
  A habeas corpus petition challenging only the validity of a state detainer must be brought under 28 U.S.C. § 2254, and the petitioner must exhaust available state remedies.
• Rodriguez v. McKASKLE
  724 F.2d 463· 5th Cir.· 1984-02-06 ·cited 6×
  A federal court must dismiss a habeas corpus petition if the petitioner has not exhausted all available state remedies, even if an evidentiary hearing has been held in federal court and the merits of the petition have been briefed.
• Timpani v. G.H. Sizer
  732 F.2d 1043· 2d Cir.· 1984-01-20 ·cited 6×
  The court held that the Parole Commission's interpretation and application of its revised guidelines were not arbitrary, capricious, or an ex post facto violation, and thus affirmed the denial of the habeas corpus petition.
• Look v. Amaral
  725 F.2d 4· 1st Cir.· 1984-01-10 ·cited 6×
  The court held that the petitioner's failure to assert his speedy trial right, despite the Commonwealth's negligent 31-month delay, outweighed the delay and any resulting prejudice, and that counsel's strategic decision to forgo a lesser included offense instruction was permissib
• Wilson v. Morris
  724 F.2d 591· 7th Cir.· 1984-01-05 ·cited 6×
  The court held that a joint preliminary examination over defense objection does not automatically require reversal if no actual conflict of interest adversely affected counsel's performance.
• State v. Perrera
  443 So. 2d 1016· Fla. 5th DCA· 1983-12-08 ·cited 6×
  The court held that the identity of names on an extradition warrant is prima facie evidence of the arrested person's identity, and this evidence is not overcome by the arrested person's refusal to admit identity.
• Houston v. Mintzes
  722 F.2d 290· 6th Cir.· 1983-11-22 ·cited 6×
  A certificate of probable cause, once issued, brings the entire final judgment before the appellate court for review, regardless of any purported limitations by the issuing court.
• Rosetta McKINZY v. Louie L. Wainwright
  719 F.2d 1525· 11th Cir.· 1983-11-21 ·cited 6×
  The Sixth Amendment right to confrontation requires allowing cross-examination of a juvenile witness regarding their record if it could show bias, overriding state laws protecting juvenile record confidentiality.
• Oliver v. Zimmerman
  720 F.2d 766· 3d Cir.· 1983-11-03 ·cited 6×
  The court concurred in the judgment, finding that even if a constitutional violation occurred, the overwhelming evidence of guilt rendered it non-prejudicial.
• Webb v. Hutto
  720 F.2d 375· 4th Cir.· 1983-11-02 ·cited 6×
  A continuance granted in a non-jury trial due to prosecutorial unpreparedness does not constitute double jeopardy, nor does it violate due process if no prejudice to the defendant is shown.
• Clement Dently v. Michael P. Lane & the Attorney Gen. of the State of Ill.
  720 F.2d 472· 7th Cir.· 1983-11-01 ·cited 6×
  The court held that a habeas corpus petition should be dismissed as moot when the petitioner has become a fugitive and is no longer in custody.
• Shrikishan Hiralal Joshi v. Dist. Dir.
  720 F.2d 799· 4th Cir.· 1983-10-27 ·cited 6×
  An alien who obtains advance parole to travel abroad and resume a pending application for adjustment of status, and who returns to the U.S. after a brief absence, is entitled to have their application adjudicated in deportation proceedings, not exclusion proceedings.
• Williams v. King
  719 F.2d 730· 5th Cir.· 1983-10-23 ·cited 6×
  The court granted a certificate of probable cause and a stay of execution pending further review, but affirmed the district court's denial of habeas corpus relief on all claims.
• Lyle v. Koehler
  720 F.2d 426· 6th Cir.· 1983-10-21 ·cited 6×
  The admission of extra-judicial statements by a co-defendant, which incriminated the petitioner and were not subject to cross-examination, violated the petitioner's Sixth Amendment right to confrontation.
• Welton Thomas v. Torres
  717 F.2d 248· 5th Cir.· 1983-10-17 ·cited 6×
  A prisoner's claims regarding parole denial must be brought as a habeas corpus petition, not a civil rights action, and require an allegation of constitutional deprivation.
• Waymare Billups v. Garrison
  718 F.2d 665· 4th Cir.· 1983-10-06 ·cited 6×
  The court held that the trial judge's order to shackle the defendant was an unconstitutional abuse of discretion because less intrusive remedies were available and the factual predicate for the order was mistaken.