Habeas Corpus

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

• Davis v. Louie L. Wainwright
  408 So. 2d 824· Fla. 3d DCA· 1982-01-19 ·cited 6×
  Willis Davis challenges by habeas corpus the trial court's authority to reimpose his original ten-year sentence for robbery after he had already served a mitigated five-year sentence and completed parole. The court held that a trial court cannot reinstate an original sentence on
• Benson v. Superior Court Dep't OF the Trial Court OF Mass. & Francis X. Bellotti
  663 F.2d 355· 1st Cir.· 1981-11-09 ·cited 6×
  The court held that the double jeopardy clause does not bar prosecution for conspiracy after acquittal on substantive arson charges, and that claims regarding relitigation of facts are not yet ripe for federal review.
• Lyles v. Estelle
  658 F.2d 1015· 5th Cir.· 1981-10-09 ·cited 6×
  The court held that the defendant was erroneously denied his Sixth Amendment right to self-representation when the trial court forced him to proceed with unwanted counsel.
• Reinstein v. Superior Court Dep't OF the Trial Court OF Mass.
  661 F.2d 255· 1st Cir.· 1981-09-30 ·cited 6×
  The dissenting judge believes the trial court erred by declaring a mistrial without sufficiently exploring alternatives, thus violating the Double Jeopardy Clause.
• Hernandez v. Estelle
  674 F.2d 313· 5th Cir.· 1981-09-29 ·cited 6×
  The court held that the deliberate concealment of a material witness by the state, which prevents testimony that could create reasonable doubt, constitutes a deprivation of due process.
• DOE v. DOE
  660 F.2d 101· 4th Cir.· 1981-09-21 ·cited 6×
  The court held that federal courts lack jurisdiction to entertain a petition for habeas corpus regarding child custody disputes between private parties, as such matters are reserved to the states.
• Davis v. Rendell
  659 F.2d 374· 3d Cir.· 1981-09-15 ·cited 6×
  The court held that the district court should address the prosecutor's immunity defense in the first instance, and that the case should be remanded for further proceedings.
• Boothe v. Superintendent, Woodbourne Corr. Facility & Honorable Robert Abrams, Attorney Gen. of the State of N.Y.
  656 F.2d 27· 2d Cir.· 1981-08-06 ·cited 6×
  The court held that the petitioner failed to exhaust his state remedies regarding the claim that the state denied him due process by failing to provide funds for electronic monitoring equipment.
• Papp v. Jago
  656 F.2d 221· 6th Cir.· 1981-08-05 ·cited 6×
  The court affirmed the denial of the writ of habeas corpus except for the issue of sentence augmentation, which requires further proceedings.
• Millard C. Farmer, Jr. v. Strickland
  652 F.2d 427· 5th Cir.· 1981-08-03 ·cited 6×
  The court affirmed the denial of the habeas corpus petition, holding that the attorney's contumacious conduct in the presence of the judge did not require a hearing before summary conviction and sentencing, and that his actions were not protected speech.
• Emilio Valenzuela, Jr. v. Griffin
  654 F.2d 707· 10th Cir.· 1981-07-22 ·cited 6×
  The court held that the prosecution failed to demonstrate a good-faith effort to secure the witness's presence at trial, thus violating the Sixth Amendment's confrontation clause.
• Otha Lee Conley v. Off. of the Pub. Def.
  653 F.2d 1241· 8th Cir.· 1981-07-21 ·cited 6×
  Witnesses are absolutely immune from civil rights actions under 42 U.S.C. § 1983 for testimony given in judicial proceedings.
• Foster v. Strickland
  517 F. Supp. 597· N.D. Fla.· 1981-07-02 ·cited 6×
  The court held that the petitioner's counsel provided effective assistance, and that federal review of the state court's competency determination was foreclosed by procedural default.
• Jackson v. Garrison
  677 F.2d 371· 4th Cir.· 1981-06-23 ·cited 6×
  The court held that the exclusion of polygraph evidence and the limitation on out-of-state witnesses did not violate constitutional rights, reversing the grant of habeas corpus.
• Dessie X. Woods v. Linahan
  648 F.2d 973· 5th Cir.· 1981-06-22 ·cited 6×
  The court held that the participation of a private attorney paid by the victim's family did not violate due process, the evidence was sufficient for voluntary manslaughter, but insufficient for armed robbery.
• United States v. Ferri
  652 F.2d 325· 3d Cir.· 1981-06-18 ·cited 6×
  The court vacated its prior judgment and remanded the case to the district court for further consideration of the appellant's ex post facto claim, particularly in light of recent sentencing adjustments and the Supreme Court's decision in Weaver v. Graham.
• Lonberger v. Jago
  651 F.2d 447· 6th Cir.· 1981-06-11 ·cited 6×
  A federal court must explain its reasons for departing from state court findings of fact in a habeas corpus suit, and a prior conviction used as a specification for a greater offense is constitutionally infirm if the guilty plea to the prior offense was not intelligently made.
• Piepenburg v. Cutler
  649 F.2d 783· 10th Cir.· 1981-05-21 ·cited 6×
  The court held that the Utah obscenity statute was constitutional and that the trial court did not err in its procedures regarding preliminary hearings, jury challenges, or closing arguments.
• Weeks v. Wyrick
  638 F.2d 690· 8th Cir.· 1981-04-20 ·cited 6×
  The appeal is dismissed as moot because the underlying direct appeal of the conviction has concluded, rendering the issue of bail pending appeal no longer a live controversy.
• Guzman v. Morris
  644 F.2d 1295· 9th Cir.· 1981-04-16 ·cited 6×
  The court held that the recalculation of a prisoner's release date under California's Determinate Sentencing Law, even if considering prior convictions dismissed as part of a plea bargain, does not violate the plea bargain or due process, as the DSL procedure is administrative an
• Gray v. Hutto
  648 F.2d 210· 4th Cir.· 1981-04-01 ·cited 6×
  The court held that the defendant waived his claim of juror misconduct by failing to notify the court promptly, thus preventing the prosecution from establishing harmlessness.
• Abell v. Raines
  640 F.2d 1085· 9th Cir.· 1981-03-30 ·cited 6×
  Where a state prisoner has had a full and fair opportunity to litigate Fourth Amendment claims in state court, federal habeas corpus relief cannot be granted on the ground that evidence obtained in an unconstitutional search or seizure was introduced at trial.
• Keating v. State OF Mo.
  643 F.2d 1315· 8th Cir.· 1981-03-10 ·cited 6×
  The court held that while a deal between the prosecution and a key witness should have been disclosed, its suppression did not affect the outcome of the trial given the strength of the state's case and the defense's effective impeachment of the witness.
• United States ex rel. John Morgan Burton, III v. Greer
  643 F.2d 466· 7th Cir.· 1981-03-09 ·cited 6×
  The court held that the petitioner was not denied effective appellate review because the missing portion of the transcript was not germane to any issue that could have been raised on appeal.
• Spiegel v. Sandstrom
  637 F.2d 405· 5th Cir.· 1981-02-19 ·cited 6×
  A prior conviction, even if pending appeal, cannot be used for impeachment or to enhance punishment if it was constitutionally invalid.
• In re Cloyce Gilbert Little Light v. Crist
  649 F.2d 682· 9th Cir.· 1981-02-17 ·cited 6×
  The court held that the area of Hardin, Montana, was disestablished from the Crow Reservation, granting Montana courts jurisdiction, but remanded for further proceedings on claims of involuntary plea and lack of counsel.
• Camillo v. Wyrick
  640 F.2d 931· 8th Cir.· 1981-02-09 ·cited 6×
  The court held that the district court did not err in denying the habeas corpus petition, as the totality of the circumstances demonstrated the guilty plea was voluntary and the state court's findings were supported by the record.
• Bonnett v. Solem
  640 F.2d 125· 8th Cir.· 1981-01-30 ·cited 6×
  The court held that the jury instruction did not create an unconstitutional presumption, thus the petitioner's due process rights were not violated.
• Nelson v. Solem
  640 F.2d 133· 8th Cir.· 1981-01-30 ·cited 6×
  The court held that the jury instruction regarding premeditated design constituted a permissive inference, not a burden-shifting presumption, and therefore did not violate due process.
• LaVern L. Zaehringer v. Lou V. Brewer
  635 F.2d 734· 8th Cir.· 1980-12-24 ·cited 6×
  The court held that while televising the sentencing hearing violated due process, the petitioner failed to demonstrate actual prejudice to his guilty pleas or sentencing outcome. The court affirmed the denial of the habeas corpus petition.
• Bell v. Perini
  635 F.2d 575· 6th Cir.· 1980-12-12 ·cited 6×
• Bear v. McCALL
  648 F.2d 546· 9th Cir.· 1980-11-21 ·cited 6×
  The quashing of an unexecuted parole violation warrant due to a failure to provide a prompt hearing does not bar the issuance of a second warrant when the parolee is serving an intervening state sentence.
• Lane v. Jones
  626 F.2d 1296· 5th Cir.· 1980-10-02 ·cited 6×
  The court held that the juvenile court judge's refusal to accept jurisdiction over a capital felony case, absent a statutory requirement for a hearing, did not violate due process when the superior court subsequently asserted its concurrent jurisdiction.
• Owens v. Cardwell
  628 F.2d 546· 9th Cir.· 1980-09-22 ·cited 6×
  The court held that the district court did not err in denying the prisoner's petition for habeas corpus relief, as no evidentiary hearing was required and no Tucker error occurred.
• Navedo v. Preisser
  630 F.2d 636· 8th Cir.· 1980-09-22 ·cited 6×
  The court held that the Iowa statute's gender-based classification, which punished males over twenty-five for sexual intercourse with a sixteen-year-old female but not females over twenty-five for intercourse with a sixteen-year-old male, violated the Equal Protection Clause beca
• United States v. Scott
  625 F.2d 623· 5th Cir.· 1980-09-10 ·cited 6×
  A defendant seeking to vacate a guilty plea based on misinformation about the maximum sentence must show prejudice, meaning they would not have pled guilty had they been properly informed.
• Anaya v. Romero
  627 F.2d 226· 10th Cir.· 1980-08-27 ·cited 6×
  The court held that a party waives the right to object to a substitute magistrate making findings if they do not object in the district court. The court also found the prosecutor's comment did not render the trial constitutionally infirm.
• Landrum v. Warden, Fed. Corr. Inst., Seagoville, Tex.
  623 F.2d 416· 5th Cir.· 1980-08-08 ·cited 6×
  The court affirmed the dismissal of the habeas corpus petition, finding no merit to the petitioner's legal contentions regarding parole eligibility.
• Hancock v. State
  386 So. 2d 613· Fla. 5th DCA· 1980-08-06 ·cited 6×
  The court held that a petitioner is entitled to bail pending sentencing and appeal if not yet adjudicated guilty, even after a guilty verdict, as the constitutional right to bail continues until adjudication.
• White v. Sowders
  644 F.2d 1177· 6th Cir.· 1980-07-01 ·cited 6×
  The Sixth Circuit held that a juvenile's constitutional rights were violated by an inadequate transfer order from juvenile to adult court, and federal habeas corpus relief was available despite procedural arguments by the state.
• Safrit v. Garrison
  623 F.2d 330· 4th Cir.· 1980-06-11 ·cited 6×
  The court held that resentencing a prisoner to a harsher status, after the original sentence had clearly established him as a committed youthful offender, violates the Double Jeopardy Clause of the Fifth Amendment.
• Jervis v. Hall
  622 F.2d 19· 1st Cir.· 1980-06-03 ·cited 6×
  The court held that the petitioner's constitutional rights were not violated by the denial of his motion to sever, the allowance of the Commonwealth's motion to amend the indictment, or the challenged evidentiary rulings.
• Tilden v. Locke
  383 So. 2d 976· Fla. 3d DCA· 1980-05-27 ·cited 6×
  A Florida appellate court reversed a trial court's order that temporarily allowed a mother to retain custody of a child, holding that the trial court improperly modified a valid New York custody decree without proper notice, pleadings, or factual basis. The court emphasized Flori
• Jerry v. Louie L. Wainwright
  383 So. 2d 1110· Fla. 1st DCA· 1980-05-13 ·cited 6×
  The court held that the department failed to comply with its rules by not advising the inmate of his right to call witnesses.
• Labbe v. Berman
  621 F.2d 26· 1st Cir.· 1980-05-12 ·cited 6×
  The court held that the petitioner's constitutional rights were not violated by his wife's assertion of marital privilege in front of the jury, the courtroom seating arrangements, the admission of his inquest testimony, or the introduction of evidence of prior injuries to the vic
• DuBOSE v. Lefevre
  619 F.2d 973· 2d Cir.· 1980-04-23 ·cited 6×
  The knowing use of perjured testimony, even if only regarding credibility, violates due process and requires a new trial if it could have affected the jury's judgment.
• Palmigiano v. Houle
  618 F.2d 877· 1st Cir.· 1980-04-08 ·cited 6×
  The court held that the petitioner was afforded a full and fair opportunity to litigate his Fourth Amendment claims in state court, despite a misallocation of the burden of proof, and thus federal habeas corpus relief was barred.
• Dixon v. Balkcom
  614 F.2d 1067· 5th Cir.· 1980-04-04 ·cited 6×
  The court held that the district court correctly denied the habeas corpus petition because the state court findings were entitled to a presumption of correctness and were supported by the record.
• Min-Shey Hung v. United States
  617 F.2d 201· 10th Cir.· 1980-03-10 ·cited 6×
  The court held that the district court should not have considered an arrest challenge while INS deportation proceedings were in progress and had passed the probable cause stage.
• Reeves v. Mabry
  615 F.2d 489· 8th Cir.· 1980-02-22 ·cited 6×
  A prior conviction obtained without a valid waiver of counsel, even if not retroactively invalidated by Boykin v. Alabama, cannot be used to enhance punishment under an habitual criminal statute if the record does not affirmatively show such waiver.