Habeas Corpus

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

• Olsen v. McFAUL
  843 F.2d 918· 6th Cir.· 1988-04-01 ·cited 5×
  The court held that a city cannot be bound by apparent authority of its agents and that Olsen's conviction for issuing a bad check was not constitutionally flawed despite the absence of an underlying debt.
• Sargent v. Armontrout
  841 F.2d 220· 8th Cir.· 1988-02-29 ·cited 5×
  The court held that the appellant was not entitled to habeas corpus relief because any potential errors were either harmless beyond a reasonable doubt or the state provided an opportunity for full and fair litigation of the claims.
• Feigley v. Fulcomer
  833 F.2d 29· 3d Cir.· 1987-11-12 ·cited 5×
  A prisoner's escape from custody constitutes a procedural waiver of the right to seek post-conviction relief, and this waiver bars federal habeas corpus review under the 'cause and prejudice' standard.
• State v. Dearing
  513 So. 2d 232· Fla. 3d DCA· 1987-09-29 ·cited 5×
  Florida's appeal of a habeas corpus release order is granted; successive habeas petitions raising previously rejected grounds are subject to summary denial, and a sister state's dismissal of extradition proceedings does not bar Florida from enforcing its criminal judgment.
• McKinney v. Meese
  831 F.2d 728· 7th Cir.· 1987-09-22 ·cited 5×
  The court held that prison disciplinary proceedings can rely on confidential informant information if the informant's reliability is established, even without disclosing the information to the inmate, and that the disciplinary findings were supported by sufficient evidence.
• Romeo v. Roache
  820 F.2d 540· 1st Cir.· 1987-06-11 ·cited 5×
  Due process does not require a competency hearing in extradition proceedings, and constitutional violations by state officials do not warrant dismissal of extradition.
• Bright v. Shimoda
  819 F.2d 227· 9th Cir.· 1987-06-05 ·cited 5×
  The court held that the trial judge committed constitutional error by precluding inquiry into the witness's knowledge of the victim's specific violent conduct during cross-examination.
• Renzi v. Commonwealth OF Va.
  794 F.2d 155· 4th Cir.· 1986-06-25 ·cited 5×
  The court held that the prosecution's misleading conduct in failing to produce a key informant, despite promises, deprived the defendant of due process, entitling him to a writ of habeas corpus.
• Josey v. Drew Galloway
  482 So. 2d 376· Fla. 1st DCA· 1985-09-26 ·cited 5×
  Jimmy Josey appeals denial of his habeas corpus petition challenging extradition to Alabama on charges of theft. The Florida court reverses, holding that the state failed to produce competent evidence creating a conflict on whether Josey was actually in Alabama when the crime occ
• Davis v. O.L. McCOTTER
  766 F.2d 203· 5th Cir.· 1985-07-22 ·cited 5×
  The Texas rule requiring a defendant to prove duress by a preponderance of the evidence does not violate the due process clause of the Fourteenth Amendment.
• Smith v. DeROBERTIS
  758 F.2d 1151· 7th Cir.· 1985-03-27 ·cited 5×
  The simultaneous trial of two criminal defendants in the same courtroom before two juries does not violate the due process clause of the Fourteenth Amendment.
• Smith v. United States Parole Comm'n
  752 F.2d 1056· 5th Cir.· 1985-02-11 ·cited 5×
  The court held that a federal prisoner's claim that the Parole Commission denied him equal protection by delaying the execution of a parole violator's warrant due to his inability to post bail is without merit and speculative.
• Songer v. Louie L Wainwright
  755 F.2d 1394· 11th Cir.· 1985-01-29 ·cited 5×
  The court held that the defendant's motion to recall the mandate and stay execution must be denied as all claims have been fully litigated.
• Kermit F. Holton v. Lanson Newsome
  750 F.2d 1513· 11th Cir.· 1985-01-21 ·cited 5×
  The court held that the district court correctly denied the habeas corpus petition because the petitioner's claims regarding marital privilege, undisclosed evidence, and unconstitutional search and seizure lacked merit.
• Halliwell v. Strickland
  747 F.2d 607· 11th Cir.· 1984-11-27 ·cited 5×
  The court held that the prosecution's failure to disclose evidence unknown to them until after trial does not constitute a Brady violation.
• Roach v. Anabel Mitchell & Fla. Parole & Prob. Comm'n
  456 So. 2d 963· Fla. 2d DCA· 1984-10-03 ·cited 5×
  Shawn Roach, an inmate in Florida's Department of Corrections, appealed the denial of a habeas corpus petition challenging his parole revocation on the ground that his parole had expired before revocation occurred. The appellate court affirmed the denial, holding that the Florida
• Wise v. Smith
  735 F.2d 735· 2d Cir.· 1984-05-25 ·cited 5×
  The court held that the appellant was not denied effective assistance of counsel nor a fair trial, and that the district court correctly denied his petition for a writ of habeas corpus.
• Johnston v. Pittman
  731 F.2d 1231· 5th Cir.· 1984-05-14 ·cited 5×
  The court held that the state did not violate due process by failing to conduct blood-type tests on evidence that would have spoiled and by limiting cross-examination regarding a witness's past relationship with an investigating officer.
• Brown v. Maggio
  730 F.2d 293· 5th Cir.· 1984-04-20 ·cited 5×
  The court held that the district court did not err in dismissing the habeas corpus petition under Rule 9(a) because the state demonstrated prejudice due to the petitioner's inexcusable delay in filing.
• Carter v. Coleman
  443 So. 2d 491· Fla. 2d DCA· 1984-01-13 ·cited 5×
  Larry Carter, detained pursuant to Wisconsin extradition proceedings, challenged his rearrest on a Florida Governor's warrant after the trial court's dismissal of initial extradition proceedings. The court held that the trial court's dismissal only discharged the fugitive warrant
• Browne v. W.J. Estelle, Jr.
  721 F.2d 1037· 5th Cir.· 1984-01-03 ·cited 5×
  The court held that a prior federal conviction can be used to enhance a sentence under Texas law if the conduct constituting the federal offense would also violate a Texas statute as a felony.
• Cherry v. Jago
  722 F.2d 1296· 6th Cir.· 1983-12-08 ·cited 5×
  The court held that jury instructions imposing an equal burden of proof on the defendant for self-defense as the state has for proving murder constitutes a due process violation.
• von Ludwitz v. Ralston
  716 F.2d 528· 8th Cir.· 1983-09-09 ·cited 5×
  The court held that a petitioner must demonstrate the unavailability or ineffectiveness of remedies under 28 U.S.C. § 2255 before filing a habeas corpus petition.
• Walker v. A.L. Lockhart
  713 F.2d 1378· 8th Cir.· 1983-08-11 ·cited 5×
  The court held that the undisputed evidence showed the inmate faced an unusually high risk of physical danger in the Arkansas prison system, entitling him to serve his sentence outside of Arkansas.
• Williams v. Owens
  731 F.2d 391· 7th Cir.· 1983-08-05 ·cited 5×
  The court held that a district court cannot dismiss a habeas corpus petition without examining the trial record, especially when factual disputes are raised regarding evidence admissibility and discovery.
• Ashley v. State
  433 So. 2d 1263· Fla. 1st DCA· 1983-06-27 ·cited 5×
  Ashley was convicted of drug sales based on testimony from an undercover officer, but a critical confidential informant (Loggie) who was present at both transactions and could have exonerated him was removed from the state and made unavailable for trial. The court addresses wheth
• Johnson v. Carson
  569 F. Supp. 974· M.D. Fla.· 1983-03-08 ·cited 5×
  The court held that the Municipal Ordinance § 330.107 of the City of Jacksonville is unconstitutionally overbroad because it prohibits constitutionally protected conduct, such as freedom of association and movement, in violation of the First Amendment.
• Hooks v. Wainwright
  536 F. Supp. 1330· M.D. Fla.· 1982-04-14 ·cited 5×
  The court held that the state's proposed law library system alone is insufficient to guarantee indigent inmates meaningful access to the courts, and that some form of attorney assistance is constitutionally required.
• Hernandez v. Hernandez
  406 So. 2d 513· Fla. 3d DCA· 1981-11-03 ·cited 5×
  The Florida Court of Appeal reversed a trial court order that granted the father custody of a two-year-old child based solely on enforcement of a Texas custody decree. The court held that Florida courts must first determine whether the foreign state had jurisdiction before applyi
• Pittman v. State
  401 So. 2d 934· Fla. 1st DCA· 1981-07-29 ·cited 5×
  The court held that the trial court properly denied the motion for post-conviction relief because the alleged errors were or should have been apparent on direct appeal, and affirmed the denial of the petition for writ of habeas corpus because there was no state action that frustr
• Brown v. Louie L. Wainwright
  644 F.2d 337· 5th Cir.· 1980-11-13 ·cited 5×
• Enoch Dickinson v. Louie L. Wainwright
  626 F.2d 1184· 5th Cir.· 1980-09-11 ·cited 5×
  A petition for habeas corpus is valid if signed under penalty of perjury, even if the oath administered is defective.
• Williams v. Wainwright
  493 F. Supp. 153· S.D. Fla.· 1980-07-28 ·cited 5×
  A defendant resentenced after violating probation to a term that could have been originally imposed does not violate the Double Jeopardy Clause, as the resentencing is based on intervening conduct.
• Smith v. Immigr. & Naturalization Serv.
  585 F.2d 600· 3d Cir.· 1978-11-01 ·cited 5×
  The court held that aliens can be compelled to answer questions about their status in deportation hearings, and a motion to suppress is moot if the evidence is not introduced.
• Johnston v. Estelle
  548 F.2d 1238· 5th Cir.· 1977-03-18 ·cited 5×
  The court held that a federal court may deny habeas corpus relief if the petitioner deliberately bypassed available state procedures for presenting claims, even if the state court refused to hear the claim on the merits.
• Honorable Jack Sandstrom v. Kolski
  305 So. 2d 75· Fla. 3d DCA· 1974-11-22 ·cited 5×
  The Florida District Court of Appeal reversed a trial court's order granting a writ of habeas corpus to Alexander Kolski, finding that the trial court lacked jurisdiction because Kolski was not in custody at the time the habeas petition was filed—he had merely been issued a compl
• Mitchell v. Mitchell
  294 So. 2d 44· Fla. 3d DCA· 1974-04-02 ·cited 5×
  Dennis Mitchell appeals a Florida circuit court's habeas corpus order returning three minor children to New York to their mother's custody under a New York divorce decree. The court held that while not bound by full faith and credit, it may enforce a foreign custody decree under
• Schick v. Reed
  483 F.2d 1266· D.C. Cir.· 1973-07-23 ·cited 5×
  The court held that the President's conditional commutation of a military sentence is constitutional and not subject to review by courts, even if it precludes parole eligibility.
• Statewright v. State
  278 So. 2d 652· Fla. 4th DCA· 1973-06-06 ·cited 5×
  Jesse Statewright was convicted of first-degree murder and sentenced to life imprisonment. The Florida District Court of Appeal reversed and remanded for a new trial, finding two critical trial errors: admission of incriminating statements obtained without proper Miranda warnings
• Karcher v. Louie L. Wainwright
  476 F.2d 179· 5th Cir.· 1973-03-20 ·cited 5×
  A guilty plea waives non-jurisdictional defects, including the right to a speedy trial, and federal habeas relief requires exhaustion of state remedies.
• James v. Twomey
  466 F.2d 718· 7th Cir.· 1972-08-11 ·cited 5×
  The court affirmed the denial of habeas corpus, finding no federal constitutional violation.
• Mrs. Catherine T. Pendergraft v. Cook
  446 F.2d 1222· 5th Cir.· 1971-08-13 ·cited 5×
  The court held that the petitioner was not entitled to habeas corpus relief based on the exclusion of women from juries, as the ruling on unconstitutionality should be applied prospectively.
• Burlee Carroll v. Beto
  446 F.2d 648· 5th Cir.· 1971-07-07 ·cited 5×
  The court affirmed the district court's denial of the habeas corpus petition, finding the petitioner was competent to stand trial.
• Harris v. Neil
  437 F.2d 63· 6th Cir.· 1971-01-29 ·cited 5×
  The Sixth Amendment right to counsel does not apply to preliminary hearings in Tennessee, and the Supreme Court's decision in Coleman v. Alabama is not retroactively applicable.
• Barefield v. State OF NEW Mexico
  434 F.2d 307· 10th Cir.· 1970-11-13 ·cited 5×
  The court held that a retrospective competency hearing, even if held years after the plea, is not per se inadequate if the psychiatrists who examined the defendant prior to the plea testify.
• Birns v. Perini
  426 F.2d 1288· 6th Cir.· 1970-06-05 ·cited 5×
  The court held that the use of suppressed evidence for impeachment purposes after the defendant opened the door, the harmless error of a jury view, and the questioning of a defendant on matters potentially invoking the privilege against self-incrimination did not constitute const
• United States ex rel. James Anderson Deans, Sr. v. Honorable Clark Clifford
  420 F.2d 30· 3d Cir.· 1970-01-05 ·cited 5×
  The court held that a relator who misrepresented the dismissal of a pending indictment is estopped from challenging his subsequent induction into the Army on the basis of that indictment.
• Schawartzberg v. United States Bd. OF Parole & the Attorney Gen. of the United States
  399 F.2d 297· 10th Cir.· 1968-08-06 ·cited 5×
  The court held that the regulation prohibiting attorney representation at parole hearings and the questioning of a prisoner about other issues at such hearings do not violate constitutional rights.
• White v. Wilson
  399 F.2d 596· 9th Cir.· 1968-07-19 ·cited 5×
  The court held that the district court properly denied the petition for a writ of habeas corpus, affirming the denial.
• Rion v. Purdy
  212 So. 2d 304· Fla. 3d DCA· 1968-07-02 ·cited 5×
  The court held that the trial court did not err in dismissing the petition for writ of habeas corpus and remanding the appellant for rendition, as the extradition warrant was valid and supported by competent evidence.