Habeas Corpus

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

• Rios v. Abelico Chavez
  620 F.2d 702· 9th Cir.· 1980-02-13 ·cited 6×
  The court held that a juvenile's initial hearing to determine fitness for juvenile court prosecution, which involved presenting evidence of the alleged offense and carried the risk of adjudication, constituted jeopardy under the Fifth Amendment. Therefore, a subsequent prosecutio
• Brinkley v. Lefevre
  621 F.2d 45· 2d Cir.· 1980-02-11 ·cited 6×
  The Second Circuit's 'shock the conscience' standard for effective assistance of counsel is too low and should be replaced with a 'reasonably competent' standard.
• Monk v. Blackburn
  605 F.2d 837· 5th Cir.· 1979-10-31 ·cited 6×
  The court held that it lacks jurisdiction to review the Louisiana Supreme Court's interpretation of state law and that any constitutional error in applying the state's witness impeachment statute was harmless.
• Hoover v. The State OF NEW York
  607 F.2d 1040· 2d Cir.· 1979-10-12 ·cited 6×
  The court affirmed the dismissal of the habeas corpus writ, finding that the petitioner had not properly presented his claim to the state courts, despite the state agreeing to waive procedural defenses.
• Tolbert v. Jago
  607 F.2d 753· 6th Cir.· 1979-10-08 ·cited 6×
  The court held that the use of grand jury testimony was permissible because the witness's memory loss was potentially coerced by the defendant, or the defense did not attempt to compel testimony.
• Carey v. Leverette
  605 F.2d 745· 4th Cir.· 1979-09-17 ·cited 6×
  The court held that an attorney's failure to inform a defendant of their right to appeal after a guilty plea does not, in itself, constitute ineffective assistance of counsel.
• Petrone v. Kaslow
  603 F.2d 779· 9th Cir.· 1979-09-04 ·cited 6×
  The court held that a prisoner cannot collaterally attack a sentence based on the frustration of the sentencing judge's subjective intent, as parole decisions are committed to the Parole Commission's discretion.
• Roba v. United States
  604 F.2d 215· 2d Cir.· 1979-08-27 ·cited 6×
  The Second Circuit held that the Southern District of New York habeas court was obligated to adjudicate the merits of the petitioner's claim that his life-threatening medical condition prevented the lawful execution of a removal warrant.
• Ervin G. Taylor v. Hopper
  596 F.2d 1284· 5th Cir.· 1979-06-15 ·cited 6×
  The dissenting judge believes the record does not show the petitioner intelligently waived his Sixth Amendment right to counsel.
• Brooks v. Hopper
  597 F.2d 57· 5th Cir.· 1979-06-13 ·cited 6×
  The court held that the district court erred in denying habeas corpus relief without a full evidentiary hearing, as the petitioners' claims of ineffective assistance of counsel due to a conflict of interest have substantial merit.
• Carter v. Carson
  370 So. 2d 1241· Fla. 1st DCA· 1979-05-22 ·cited 6×
  The court held that a special condition of bond requiring petitioners not to engage in employment connected with obscene materials was an impermissible prior restraint and unrelated to assuring appearance at trial.
• Ralph v. Blackburn
  590 F.2d 1335· 5th Cir.· 1979-03-08 ·cited 6×
  The court held that the petitioner must exhaust state remedies before pursuing federal habeas corpus relief on the grounds that his sentence exceeds the statutory maximum or constitutes cruel and unusual punishment.
• Bufford McDonald v. Estelle
  590 F.2d 153· 5th Cir.· 1979-02-23 ·cited 6×
  The court held that the petitioner's claims do not establish cause for procedural default or present constitutional issues warranting habeas relief.
• Claud M. Brown v. Vermillion
  593 F.2d 321· 8th Cir.· 1979-02-23 ·cited 6×
  The court held that claims directly seeking release or reconsideration of parole must be brought as a habeas corpus petition, but other claims for injunctive and declaratory relief regarding due process standards are not exclusively habeas corpus.
• Atkinson v. Hanberry
  589 F.2d 917· 5th Cir.· 1979-02-16 ·cited 6×
  A federal prisoner is not constitutionally or statutorily entitled to a hearing before being transferred to state custody to stand trial.
• Durr v. Cook
  589 F.2d 891· 5th Cir.· 1979-02-15 ·cited 6×
  The court held that the evidence was insufficient to prove the jury foreman conducted an out-of-court experiment that violated the defendant's rights, and the district court failed to inquire into the possibility of prejudice.
• Thompson v. White
  591 F.2d 441· 8th Cir.· 1979-01-23 ·cited 6×
  The court held that while the jury selection claim was properly dismissed for failure to exhaust state remedies, other claims should be remanded for further proceedings on the merits after state courts began addressing them.
• Thomas v. Estelle
  587 F.2d 695· 5th Cir.· 1979-01-10 ·cited 6×
  The court would reverse the district court's finding because the state court's fact-finding, on the same record, is entitled to a presumption of correctness and there is no substantial evidence to support the district court's contrary finding.
• Reed v. Louie L. Wainwright
  587 F.2d 260· 5th Cir.· 1979-01-08 ·cited 6×
  The court held that the petitioner failed to demonstrate that the jury selection system in Dade County, Florida, violated his constitutional rights by systematically excluding distinct classes of people or by employing discriminatory practices.
• Chuan-Fa Chen and Shen-Rong Shieh v. Palmer
  589 F.2d 355· 8th Cir.· 1978-12-20 ·cited 6×
  The court held that issues not raised in the trial court cannot be considered on appeal absent plain error, and found the presented issues without merit.
• Reno v. Honorable Paul Baker
  364 So. 2d 538· Fla. 3d DCA· 1978-11-21 ·cited 6×
  The State sought mandamus relief to compel a trial judge to enforce this court's reinstatement of original sentences after the judge had improperly granted a stay of execution pending federal habeas corpus review. The court held that a trial judge must obey appellate mandates unl
• Ned George Forman v. Wolff
  590 F.2d 283· 9th Cir.· 1978-11-20 ·cited 6×
  The court held that the Nevada Supreme Court's reversal of habeas relief did not violate the ex post facto or double jeopardy clauses of the U.S. Constitution.
• Humphries v. Louie L. Wainwright
  584 F.2d 702· 5th Cir.· 1978-11-20 ·cited 6×
  The court held that the collateral estoppel aspect of double jeopardy barred the state from presenting evidence of intoxication in a retrial for vehicular manslaughter by culpable negligence, following a nolle prosequi on a DWI charge after jeopardy attached.
• Thompson v. Linn
  583 F.2d 739· 5th Cir.· 1978-11-08 ·cited 6×
  The federal district court properly adopted the state court's findings of fact and independently applied the relevant constitutional standards to deny the petition for a writ of habeas corpus.
• Huff v. Louie L. Wainwright
  583 F.2d 744· 5th Cir.· 1978-11-08 ·cited 6×
  The court held that a prisoner who knows of his right to appeal and fails to notify counsel of his intent to appeal cannot claim he was denied that right.
• Ballard v. Blackburn
  583 F.2d 159· 5th Cir.· 1978-11-02 ·cited 6×
  The court held that the petitioner failed to demonstrate that his retained counsel's representation was so inadequate as to violate his constitutional rights or render the proceedings fundamentally unfair.
• Hubbert v. United States Parole Comm'n
  585 F.2d 857· 7th Cir.· 1978-10-31 ·cited 6×
  Good time earned under a federal sentence does not reduce the period of parole supervision, and a certificate of discharge was not required for parole termination prior to 1976.
• Swarez v. Louie L. Wainwright
  363 So. 2d 833· Fla. 1st DCA· 1978-10-03 ·cited 6×
  The court held that the failure to call all requested witnesses and provide all reports did not deny the petitioner due process of law.
• Latender v. Israel
  584 F.2d 817· 7th Cir.· 1978-09-19 ·cited 6×
  Wisconsin retained criminal jurisdiction over the Menominee Reservation until it retroceded that jurisdiction, and the Menominee Restoration Act did not implicitly repeal this jurisdiction.
• Pitts v. Turner
  362 So. 2d 134· Fla. 4th DCA· 1978-09-06 ·cited 6×
  Pitts sought delayed appellate review via habeas corpus of a trial court's denial of his post-conviction relief motion alleging an impermissible prosecutorial comment on his Fifth Amendment right to silence. The appellate court affirmed the denial, holding that such error must be
• McDANIEL v. State OF Okla.
  582 F.2d 1242· 10th Cir.· 1978-08-25 ·cited 6×
  Federal habeas corpus relief is not available for a Fourth Amendment claim if the state provided an opportunity for full and fair litigation of that claim, even if the state court found the admission of evidence to be harmless error.
• "Big Black" v. Regan
  583 F.2d 72· 2d Cir.· 1978-08-17 ·cited 6×
  The court held that a defendant seeking relief based on ineffective assistance of counsel due to joint representation must show an actual or potential conflict of interest and specific prejudice resulting from that representation.
• Hardee v. Kuhlman
  581 F.2d 330· 2d Cir.· 1978-08-07 ·cited 6×
  The court held that the excessive and unnecessary use of uniformed, rotating guards in the courtroom, particularly when the defendant was not disruptive or a flight risk, prejudiced the defendant's right to a fair trial and violated procedural due process.
• Gale v. Harris
  580 F.2d 52· 2d Cir.· 1978-07-26 ·cited 6×
  The court held that the trial judge's limitation on cross-examining a witness about a prior confession did not deny the petitioner a fundamentally fair trial, distinguishing it from a prior case involving a co-defendant.
• Application of Thelma Tree TOP v. Smith
  577 F.2d 519· 9th Cir.· 1978-06-21 ·cited 6×
• Hill v. William T. "Bill" Roberts
  359 So. 2d 911· Fla. 2d DCA· 1978-06-16 ·cited 6×
  Michael Douglas Hill appealed the denial of his habeas corpus petition challenging his continued detention under an extradition warrant from North Carolina. The court held that Hill was entitled to discharge because the demanding state failed to take any action to receive him wit
• In re Before the Third Statewide Grand Jury v. Roberts
  360 So. 2d 4· Fla. 2d DCA· 1978-05-19 ·cited 6×
  The court held that the grant of immunity was sufficient to compel testimony and that imposing both civil and criminal contempt for the same act was permissible.
• Gonzales v. Stover
  575 F.2d 827· 10th Cir.· 1978-05-16 ·cited 6×
  A fugitive who has escaped custody is disentitled from seeking federal habeas corpus relief.
• Williams v. McKENZIE
  576 F.2d 566· 4th Cir.· 1978-05-03 ·cited 6×
  The court held that the photographic identification was not unduly suggestive, reversing the grant of habeas corpus on that ground, but remanded for reconsideration of exhaustion of state remedies regarding exculpatory evidence.
• In re Holland
  356 So. 2d 1311· Fla. 3d DCA· 1978-03-31 ·cited 6×
  This case addresses whether a circuit court may grant supersedeas bail to a person involuntarily hospitalized under Florida's Baker Act who appeals the commitment order. The court held that trial courts lack authority to grant such bail, as involuntary hospitalization and bail pe
• United States ex rel. Charles McCLINDON v. Warden, Ill. State Penitentiary, Stateville Branch
  575 F.2d 108· 7th Cir.· 1978-03-27 ·cited 6×
  The dissenting judge would affirm the judgment because the record shows McClindon was not adequately advised of the dangers of multiple representation, which would have constituted a waiver.
• Dezso John Lokos v. Capps
  569 F.2d 1362· 5th Cir.· 1978-03-24 ·cited 6×
  The court held that the petitioner is entitled to a hearing to determine if the trial court erred in denying a sanity hearing, which could violate due process.
• Sneed v. Blackburn
  569 F.2d 854· 5th Cir.· 1978-03-15 ·cited 6×
  The court held that the Turner v. Louisiana issue was not properly exhausted and must be dismissed without prejudice, while other grounds were properly denied on the merits.
• Montgomery v. Estelle
  568 F.2d 457· 5th Cir.· 1978-02-27 ·cited 6×
  The court held that using a habitual offender statute to encourage a guilty plea is permissible as long as the defendant is free to reject the offer.
• Bruno v. Greenlee
  569 F.2d 775· 3d Cir.· 1978-01-20 ·cited 6×
  A prior criminal sentence is interrupted as a matter of law by a civil contempt citation when the sitting judge does not expressly provide for concurrency.
• Dossie X. Faison, Jr. v. Zahradnick
  563 F.2d 1135· 4th Cir.· 1977-10-13 ·cited 6×
  The court held that the denial of a preliminary hearing transcript to an indigent prisoner was not a violation of equal protection when no transcript was available to any defendant, and that the admission of identification testimony was not erroneous under the totality of circums
• United States ex rel. Benjamin Wright v. Cuyler
  563 F.2d 627· 3d Cir.· 1977-10-06 ·cited 6×
  Even if an initial arrest was illegal, a confession is admissible if probable cause for continued detention arises from an independent source, such as a witness statement, before the confession is given.
• Quinn v. Brown
  561 F.2d 795· 9th Cir.· 1977-09-26 ·cited 6×
  The court held that the case was moot because the enlistment contract's alleged breach was corrected before any legal damages ensued, and the servicemember's contractual understanding was fulfilled.
• Hall v. Wainwright
  559 F.2d 964· 5th Cir.· 1977-09-21 ·cited 6×
  The court held that the erroneous admission of a non-testifying co-defendant's confession was harmless error because sufficient independent evidence established the defendant's guilt beyond a reasonable doubt.
• Jones v. State OF Wis.
  562 F.2d 440· 7th Cir.· 1977-09-20 ·cited 6×
  A guilty plea entered under Wisconsin statute § 971.31(10) must be vacated if the trial court failed to suppress inadmissible evidence, even if some other evidence remains admissible.