Habeas Corpus

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

• Emery L. Negonsott v. Samuels
  933 F.2d 818· 10th Cir.· 1991-05-08 ·cited 4×
  The court held that 18 U.S.C. § 3243 confers jurisdiction on the State of Kansas to prosecute Indians for state-law offenses that are also enumerated in the Federal Major Crimes Act. This grant of jurisdiction is concurrent with federal jurisdiction.
• Asherman v. Meachum
  932 F.2d 137· 2d Cir.· 1991-05-01 ·cited 4×
  The court held that the Commissioner violated Asherman's Fifth Amendment privilege against self-incrimination by revoking his supervised home release status solely because he invoked the privilege and refused to participate in a psychiatric evaluation concerning his conviction.
• Gilbert v. A.L. Lockhart
  930 F.2d 1356· 8th Cir.· 1991-04-19 ·cited 4×
  The court held that the appellant did not make a knowing and intelligent waiver of his right to counsel because he was forced to choose between proceeding pro se or with unprepared counsel, and the state trial court failed to adequately advise him of the perils of self-representa
• Moffett v. Kolb
  930 F.2d 1156· 7th Cir.· 1991-04-16 ·cited 4×
  The court held that the petitioner was denied effective assistance of counsel because his attorney failed to introduce crucial evidence that supported the defense theory that his brother, not he, fired the gun, and this failure prejudiced the outcome of the trial.
• Ellard v. Ala. Bd. OF Pardons & Paroles
  928 F.2d 378· 11th Cir.· 1991-04-11 ·cited 4×
  The trial court's decision to void the parole was barred by the law of the case and mandate rule, and its finding that the parole was void ab initio was clearly erroneous.
• Johnson v. Gramley
  929 F.2d 350· 7th Cir.· 1991-04-08 ·cited 4×
  A district judge's decision to dismiss a habeas petition as frivolous but then grant a certificate of probable cause should be accompanied by stated reasons to clarify the weight of each decision.
• Dendalee McBEE v. Abramajtys
  929 F.2d 264· 6th Cir.· 1991-04-04 ·cited 4×
  The court held that the last state court judgment clearly and expressly rested upon a procedural ground, affirming the denial of the habeas petition.
• Harris v. Vasquez
  928 F.2d 891· 9th Cir.· 1991-03-22 ·cited 4×
  The court held that new declarations warranted a limited evidentiary hearing on the Abshire claim regarding potential constitutional violations.
• Martsay Bolder v. Armontrout
  928 F.2d 806· 8th Cir.· 1991-03-21 ·cited 4×
• Hampton v. Miller
  927 F.2d 429· 8th Cir.· 1991-03-08 ·cited 4×
  The Eighth Circuit held that the State waived the exhaustion requirement for federal habeas corpus review by its pleadings, and therefore, the case should be remanded for further proceedings.
• Bolender v. Dugger
  757 F. Supp. 1400· S.D. Fla.· 1991-02-15 ·cited 4×
  The court denied the petition for a writ of habeas corpus, finding that the petitioner's death sentences were not unconstitutional and that his trial counsel provided effective assistance.
• Parks v. Saffle
  925 F.2d 366· 10th Cir.· 1991-02-14 ·cited 4×
  The court held that the prosecutor's anti-sympathy comments, when considered with the jury instruction, did not improperly influence the jury to discount mitigating evidence.
• Jackson v. Brennan
  924 F.2d 725· 7th Cir.· 1991-02-13 ·cited 4×
  The federal prison system is not required to give credit for time spent in Cuban custody under 18 U.S.C. § 3568.
• Dawson Cole v. Tansy
  926 F.2d 955· 10th Cir.· 1991-02-13 ·cited 4×
  The court held that the admission of an unavailable witness's statement did not violate the Confrontation Clause, the restriction on closing argument was not an abuse of discretion, and the evidence was sufficient for attempted armed robbery.
• Traver Stewart v. Scully
  925 F.2d 58· 2d Cir.· 1991-02-01 ·cited 4×
  Increasing a state prisoner's maximum sentence after he has served a substantial portion of his original sentence violates the Double Jeopardy Clause by disturbing his legitimate expectation of finality.
• White v. White
  925 F.2d 287· 9th Cir.· 1991-01-30 ·cited 4×
  The court held that a parolee's admission of some parole violations does not constitute a waiver of the right to confront adverse witnesses regarding other contested violations, and that barring such confrontation at an institutional revocation hearing violates due process.
• Hughes Anderson Bagley, Jr. v. CMC Real Est. Corp.
  923 F.2d 758· 9th Cir.· 1991-01-22 ·cited 4×
  The court held that Bagley's civil rights claims accrued when he first learned of the injury, not upon the completion of his habeas corpus proceedings, and that his § 1985(2) claim failed for lack of class-based animus.
• Goodwin v. State OF Okla.
  923 F.2d 156· 10th Cir.· 1991-01-16 ·cited 4×
  The court held that a petitioner is excused from exhausting state remedies if the state's highest court has already addressed and resolved the precise legal issue adversely to the petitioner.
• Story v. Collins
  920 F.2d 1247· 5th Cir.· 1991-01-11 ·cited 4×
  The court held that the district court erred in dismissing the good conduct time claim for lack of jurisdiction, but the claim fails on the merits because the petitioner was not entitled to good conduct time under the applicable law. The court affirmed the dismissal of other clai
• Blaine Eugene Johnson v. Armontrout
  923 F.2d 107· 8th Cir.· 1991-01-10 ·cited 4×
  The court held that the appellant's Batson claim is procedurally barred due to failure to raise it on direct appeal, and his ineffective assistance of counsel claim is unpersuasive.
• P.H. v. Fryer
  570 So. 2d 1096· Fla. 4th DCA· 1990-12-05 ·cited 4×
  A juvenile detained for aggravated assault challenged his continued detention beyond the statutory 21-day maximum period. The court granted habeas corpus relief, holding that the state failed to establish adequate grounds under Florida law for extending detention, and that prior
• B.G. v. Fryer
  570 So. 2d 430· Fla. 4th DCA· 1990-11-28 ·cited 4×
  Four consolidated habeas corpus petitions challenge the unlawful extension of juvenile detention beyond the statutory 21-day maximum. The court held that continuing detention requires competent evidence of 'good cause,' not mere form motions with boilerplate language, and granted
• Grooms v. A.L. Lockhart
  919 F.2d 505· 8th Cir.· 1990-11-23 ·cited 4×
  The court affirmed the denial of habeas relief, finding no prejudice from the improper jury instruction or ineffective assistance of counsel.
• McGUIRE v. Estelle
  919 F.2d 578· 9th Cir.· 1990-11-23 ·cited 4×
  The court denied the petition for rehearing and suggestion for rehearing en banc, with dissenting judges arguing the panel's decision wrongly overturned a state conviction by misapplying federal law and interfering with state court rulings.
• Hill v. Maloney
  927 F.2d 646· 1st Cir.· 1990-11-21 ·cited 4×
  A jury instruction that 'malice is implied from any deliberate or cruel act against another, however sudden' creates an unconstitutional mandatory presumption that relieves the prosecution of its burden to prove malice beyond a reasonable doubt.
• Johnson v. Honorable Richard D. Rogers
  917 F.2d 1283· 10th Cir.· 1990-10-29 ·cited 4×
  The court held that a fourteen-month delay in deciding a habeas corpus petition solely due to docket congestion is impermissible and warrants mandamus.
• Apolinario Vigil v. Tansy
  917 F.2d 1277· 10th Cir.· 1990-10-26 ·cited 4×
  The court held that the use of a videotaped deposition of a child victim did not violate the petitioner's Sixth Amendment right to confrontation, and that the evidence was sufficient to sustain the convictions.
• Harper v. Kelly
  916 F.2d 54· 2d Cir.· 1990-10-10 ·cited 4×
  The court held that the trial court's restriction of cross-examination into the victim's emotional state during the robbery violated the defendant's Sixth Amendment right to confront witnesses, and this error was not harmless.
• Pryor v. Brennan
  914 F.2d 921· 7th Cir.· 1990-09-27 ·cited 4×
  The District of Columbia Good Time Credits Act's distinction between inmates housed in District facilities and those housed in federal or state facilities is rationally related to legitimate government interests and does not violate equal protection or due process.
• Rainer v. Dep't OF Corr.
  914 F.2d 1067· 8th Cir.· 1990-09-19 ·cited 4×
  The court held that the admission of prior bad acts evidence and the state investigator's involvement in defense expert testing did not violate the defendant's constitutional rights.
• Micheaux v. Collins
  911 F.2d 1083· 5th Cir.· 1990-09-17 ·cited 4×
  The court held that a state court's finding that a petitioner would not have pleaded guilty if properly admonished is a factual finding entitled to a presumption of correctness under 28 U.S.C. § 2254(d), and that a federal court cannot disregard such findings by labeling them mix
• Johnston v. Mizell
  912 F.2d 172· 7th Cir.· 1990-08-31 ·cited 4×
  The court held that a presumption of prejudice for ineffective assistance of counsel due to a conflict of interest does not apply to post-trial motions because any prejudice is discoverable from the record.
• Terrovona v. Kincheloe
  912 F.2d 1176· 9th Cir.· 1990-08-31 ·cited 4×
  The court held that Stone v. Powell bars federal habeas review of a Fourth Amendment warrantless arrest claim if the state provided an opportunity for full and fair litigation, and that the appellant made a valid implied waiver of his Miranda rights.
• Grune v. Coughlin
  913 F.2d 41· 2d Cir.· 1990-08-29 ·cited 4×
  The order denying bail pending a habeas corpus determination is not an appealable interlocutory order under the collateral order doctrine.
• Leach v. Kolb
  911 F.2d 1249· 7th Cir.· 1990-08-24 ·cited 4×
  The court held that a directed verdict on the issue of insanity is permissible in Wisconsin when the defendant fails to present sufficient evidence, and that improper joinder of offenses is not grounds for habeas relief unless it results in prejudice denying a fair trial.
• Harris v. Duckworth
  909 F.2d 1057· 7th Cir.· 1990-08-09 ·cited 4×
  The court held that the district court erred in dismissing the habeas petition for failure to exhaust state remedies, as Indiana law now clearly indicates no judicial review of prison disciplinary decisions.
• Harrison v. Dahm
  911 F.2d 37· 8th Cir.· 1990-07-26 ·cited 4×
  The court held that prison officials were entitled to qualified immunity because the law was not clearly established that their actions violated an inmate's due process rights, and affirmed the dismissal of the inmate's section 1983 action.
• Harrison v. Ryan
  909 F.2d 84· 3d Cir.· 1990-07-25 ·cited 4×
  The court held that the prosecution's failure to articulate a racially neutral reason for striking one black juror, when the defendant's case was on direct review at the time of Batson, mandates a new trial.
• Jones v. J.O. Davis
  906 F.2d 552· 11th Cir.· 1990-07-19 ·cited 4×
  The court held that the magistrate misinterpreted the prior panel's opinion, which had already established a prima facie case of discrimination in jury selection.
• Hendricks v. Vasquez
  908 F.2d 490· 9th Cir.· 1990-07-12 ·cited 4×
  The court held that a district court may not summarily dismiss a habeas corpus petition if it contains specific allegations that are not facially frivolous or incredible, and that summary dismissal followed by a certificate of probable cause is contradictory.
• Cleophus L. McCASKILL v. McMILLAN
  563 So. 2d 800· Fla. 1st DCA· 1990-06-21 ·cited 4×
  The court should construe rule 3.133(b)(6) in favor of the accused, requiring automatic release after 40 days unless charged by information or indictment.
• Howard v. Lewis
  905 F.2d 1318· 9th Cir.· 1990-06-18 ·cited 4×
  A dismissal of a federal habeas petition on grounds of state procedural default is generally considered a determination 'on the merits' for successive petition analysis, but a dismissal based on a petitioner's failure to respond, if that failure was due to prison official interfe
• Blatchford v. Sullivan
  904 F.2d 542· 10th Cir.· 1990-05-30 ·cited 4×
  The court held that the Yah-Ta-Hey area in New Mexico is not a dependent Indian community for purposes of the Federal Major Crimes Act, and therefore, state courts had jurisdiction over the defendant's crimes.
• Server v. Mizell
  902 F.2d 611· 7th Cir.· 1990-05-21 ·cited 4×
  The court held that the Illinois aggravated criminal sexual assault and abuse statutes, as construed by state courts, are not unconstitutionally vague and that the petitioner's other claims lack merit.
• L.J. v. Fryer
  565 So. 2d 713· Fla. 4th DCA· 1990-05-16 ·cited 4×
  A Florida appellate court granted habeas corpus relief to a juvenile held in secure detention for over 50 days, far exceeding the statutory maximum of 21 days. The court held that the trial court lacked jurisdiction to extend the detention period once the statutory maximum had ex
• Ingrassia v. Armontrout
  902 F.2d 1368· 8th Cir.· 1990-05-15 ·cited 4×
  The court held that the district court properly applied the presumption of correctness to state court findings and that the petitioner's guilty plea was knowing, voluntary, and intelligent, and he received effective assistance of counsel.
• Hale v. A.L. Lockhart
  903 F.2d 545· 8th Cir.· 1990-05-10 ·cited 4×
  The court held that neither the delay in processing the habeas petition nor the alleged ineffective assistance of counsel or involuntary guilty plea warranted relief.
• Harris v. Vasquez
  901 F.2d 724· 9th Cir.· 1990-03-30 ·cited 4×
  The court granted a certificate of probable cause and stayed the petitioner's execution, finding substantial grounds for relief based on the arguable denial of competent psychiatric assistance during the penalty phase of his trial.
• Buddy Earl Justus v. Murray
  897 F.2d 709· 4th Cir.· 1990-03-02 ·cited 4×
  The court affirmed the dismissal of the habeas petition, holding that procedurally defaulted ineffective assistance of counsel claims cannot serve as cause to excuse other procedural defaults if those ineffective assistance claims are themselves procedurally defaulted.
• Kindred v. Spears
  894 F.2d 1477· 5th Cir.· 1990-02-28 ·cited 4×
  The Federal Parole Statute mandates that the Parole Commission provide contemporaneous reasons for its decisions, especially when going outside established guidelines.