Habeas Corpus

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

• 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.
• Parton v. Armontrout
  895 F.2d 1214· 8th Cir.· 1990-02-12 ·cited 4×
  The court held that the application of the current parole statute and MOSOP requirement to the petitioner did not violate the Ex Post Facto clause, and affirmed the district court's judgment.
• Bagby v. Sowders
  894 F.2d 792· 6th Cir.· 1990-01-17 ·cited 4×
  The court held that the evidence did not warrant an instruction on the lesser included offense of sexual abuse in the first degree.
• Thomas v. Jones
  891 F.2d 1500· 11th Cir.· 1989-12-21 ·cited 4×
  Counsel's failure to object to evidence of rape and prosecutor's comments did not constitute ineffective assistance of counsel because it was a reasonable tactical decision.
• In the Interest of A.B.
  553 So. 2d 1349· Fla. 4th DCA· 1989-12-20 ·cited 4×
  Sixteen consolidated petitions for writ of mandamus challenge the detention of juveniles beyond the five-day statutory period before placement into commitment programs. The court held that Florida Statute § 959.12 is mandatory and requires release of juveniles held in secure dete
• Galowski v. Murphy
  891 F.2d 629· 7th Cir.· 1989-12-14 ·cited 4×
  The court held that the petitioner was not denied effective assistance of counsel and affirmed the district court's denial of the habeas corpus petition.
• Woods v. Solem
  891 F.2d 196· 8th Cir.· 1989-12-06 ·cited 4×
  The court held that the trial court's refusal to issue a self-defense jury instruction did not violate due process, as the evidence did not support such a claim under applicable state law.
• Caesar Harmason v. Smith
  888 F.2d 1527· 5th Cir.· 1989-12-01 ·cited 4×
  A guilty plea is not rendered involuntary by an attorney's prediction of a lesser sentence if the defendant affirms in open court that no promises were made and understands the potential maximum sentence.
• Carroll E. Harrison v. Warden, Maryland Penitentiary
  890 F.2d 676· 4th Cir.· 1989-11-24 ·cited 4×
  The court held that the appellant understood the nature of the charges against him when he pled guilty, and that his guilty plea was voluntary. The court also declined to address the issue of the trial judge's passion as it was not raised below.
• Smith v. Gearinger
  888 F.2d 1334· 11th Cir.· 1989-11-22 ·cited 4×
  The court held that the petitioner was entitled to an evidentiary hearing on his ineffective assistance of counsel claim because material facts were not adequately developed in state court proceedings.
• Logan v. State
  555 So. 2d 875· Fla. 5th DCA· 1989-11-09 ·cited 4×
  A defendant is not entitled to post-trial release on bail after a guilty verdict under the current Florida Constitution.
• In re the Extradition OF Antonio Manzi. United States v. Manzi
  888 F.2d 204· 1st Cir.· 1989-11-01 ·cited 4×
  The court affirmed the denial of the petition for writ of habeas corpus, holding that the magistrate had jurisdiction, the offenses were extraditable, and there was sufficient evidence for extradition.
• AMI Anclote Manor Hosp. v. State
  553 So. 2d 199· Fla. 2d DCA· 1989-10-25 ·cited 4×
  The State Attorney, Public Defender, and HRS lack standing under section 394.459(10) to file a habeas corpus petition on behalf of patients who did not authorize the action.
• Smith v. Jago
  888 F.2d 399· 6th Cir.· 1989-10-20 ·cited 4×
  The Sixth Circuit held that the district court erred by failing to defer to state court findings of fact and by applying an improper standard of prejudice. The court found the state court's factual determinations were supported by the record and that the defendant failed to demon
• Tijerina v. Thornburgh
  884 F.2d 861· 5th Cir.· 1989-10-05 ·cited 4×
  The Parole Commission has the ultimate discretion to decide whether a parole violator term runs concurrently or consecutively with a new sentence, even if the sentencing judge recommends concurrent service.
• Sutton v. State OF Md.
  886 F.2d 708· 4th Cir.· 1989-10-02 ·cited 4×
  The dissenting judge believes the judgment of the district court should be affirmed, disagreeing with the majority in banc opinion.
• Clark v. Ricketts
  886 F.2d 1152· 9th Cir.· 1989-09-28 ·cited 4×
  The court held that the defendant's Sixth Amendment right of confrontation was not violated, his Fifth and Sixth Amendment claims regarding a presentence interview were waived, but his death sentence is unconstitutional due to the lack of a jury trial on aggravating factors.
• Madera v. Risley
  885 F.2d 646· 9th Cir.· 1989-09-21 ·cited 4×
  The court held that a reconstructed trial record, based on an evidentiary hearing with witness testimony, can satisfy due process requirements for appeal, and that the defendant failed to demonstrate prejudice from the lack of a verbatim record or ineffective assistance of counse
• Banner v. Davis
  886 F.2d 777· 6th Cir.· 1989-09-21 ·cited 4×
  The Sixth Circuit held that while the Tennessee Supreme Court's determination of legislative intent regarding cumulative punishments is generally binding, prior circuit precedent requires independent analysis of state statutes under the Blockburger test when legislative intent is
• Tucker v. Makowski
  883 F.2d 877· 10th Cir.· 1989-08-25 ·cited 4×
  The court held that while the Blockburger test might be satisfied, successive prosecutions arising from the same transaction require a "fundamental fairness" analysis under due process, and remanded for review of state court records to determine this.
• Flittie v. Solem
  882 F.2d 325· 8th Cir.· 1989-08-14 ·cited 4×
  The court held that a petition attacking a fully served prior conviction, even if used for sentence enhancement, does not establish subject matter jurisdiction under 28 U.S.C. § 2254(a) because the petitioner is not in custody pursuant to that prior conviction.
• Dick v. Scroggy
  882 F.2d 192· 6th Cir.· 1989-08-14 ·cited 4×
  The appearance of impropriety from a prosecutor representing a victim in a civil suit while also prosecuting the defendant in a criminal case does not, without more, violate the Due Process Clause.
• Gray v. Lewis
  881 F.2d 821· 9th Cir.· 1989-08-09 ·cited 4×
  The court held that the double jeopardy clause does not bar prosecution for second-degree rape after acquittal for first-degree rape, as they are distinct offenses under Arizona law.
• Barkauskas v. Lane
  878 F.2d 1031· 7th Cir.· 1989-07-11 ·cited 4×
  The court held that the state court record was insufficient to determine if the prosecution had withheld material exculpatory evidence, requiring a remand for an evidentiary hearing.
• Hamblen v. Dugger
  719 F. Supp. 1051· M.D. Fla.· 1989-07-10 ·cited 4×
  The court denied the petition for a writ of habeas corpus and the motion for a stay of execution, finding no merit in the petitioner's claims of error.
• Cavanaugh v. Kincheloe
  877 F.2d 1443· 9th Cir.· 1989-07-03 ·cited 4×
  The court held that the district court erred in failing to address the ineffectiveness of counsel claim and must determine if it is procedurally barred, and if not, its merits.
• Duttry v. Scip Superintendent Petsock & The Attorney Gen. of the Commonwealth of Pa.
  878 F.2d 123· 3d Cir.· 1989-06-29 ·cited 4×
  The court held that a district court should obtain the state court record before dismissing a habeas petition for failure to exhaust state remedies, especially when the petitioner demonstrates a good faith effort to acquire the records but is unable to do so.
• United States v. Nino
  878 F.2d 101· 3d Cir.· 1989-06-16 ·cited 4×
  The court held that a habeas petitioner seeking to vacate a sentence must demonstrate both prongs of the Strickland test, and that the petitioner failed to establish ineffective assistance of counsel regarding the failure to file a Rule 35(b) motion or the failure to advise about
• Buck v. Green
  874 F.2d 1578· 11th Cir.· 1989-06-13 ·cited 4×
  The court held that state courts did resolve the merits of the factual dispute regarding jury discrimination by finding the evidence unsubstantiated, thus the presumption of correctness under 28 U.S.C. § 2254(d)(1) should apply.
• Tague v. Puckett
  874 F.2d 1013· 5th Cir.· 1989-06-08 ·cited 4×
  A state must provide an indigent defendant with a transcript of prior proceedings when needed for an effective defense, and counsel's memory or trial notes are not adequate alternatives.
• Franzen v. Brinkman
  877 F.2d 26· 9th Cir.· 1989-06-08 ·cited 4×
  Errors in a state post-conviction review process are not grounds for federal habeas corpus relief.
• Stange v. U.S. Parole Comm'n
  875 F.2d 760· 9th Cir.· 1989-05-22 ·cited 4×
  The Sentencing Reform Act does not require the Parole Commission to immediately set a release date for prisoners, nor does it alter existing parole eligibility requirements during the transition period.
• Traverso v. Carleton Penn
  874 F.2d 209· 4th Cir.· 1989-05-10 ·cited 4×
  The court held that the district court's res judicata determination was erroneous because the state conviction was overturned, and that the § 1983 action should be stayed pending the outcome of a new state prosecution under abstention principles.
• McGUIRE v. Estelle
  873 F.2d 1323· 9th Cir.· 1989-05-08 ·cited 4×
  The admission of evidence of prior injuries to a child, coupled with a jury instruction allowing the jury to infer guilt of the charged crime if the defendant committed the prior acts, violated due process.
• Williams v. A.L. Lockhart
  873 F.2d 1129· 8th Cir.· 1989-05-02 ·cited 4×
  A procedural default in state post-conviction proceedings, specifically failing to file a timely petition under Ark.R.Crim.P. 37, bars federal habeas corpus relief unless cause and prejudice are shown.
• DeLUNA v. Lynaugh
  873 F.2d 757· 5th Cir.· 1989-04-26 ·cited 4×
  The court held that trial counsel's decision not to present certain mitigation evidence was a reasonable trial strategy and did not constitute ineffective assistance of counsel. The court also held that an oral hearing was not required and that there is no constitutional right to
• Chambers v. A.L. Lockhart
  872 F.2d 274· 8th Cir.· 1989-04-21 ·cited 4×
  The court held that the Miranda warnings given were adequate and that the evidence was sufficient to support the conviction, affirming the denial of the habeas corpus petition.
• Secundino Barcelo Cocio v. Bramlett
  872 F.2d 889· 9th Cir.· 1989-04-13 ·cited 4×
  The court held that imposing a life sentence without parole for twenty-five years for a felon on probation who commits manslaughter while driving under the influence is constitutionally proportionate.
• In re Lindsey
  875 F.2d 1518· 11th Cir.· 1989-04-10 ·cited 4×
  The court held that mandamus is inappropriate because the district court lacked jurisdiction to entertain the motion for appointment of new counsel after its mandate had issued.
• Humanik v. Beyer
  871 F.2d 432· 3d Cir.· 1989-03-31 ·cited 4×
  The court held that the New Jersey diminished capacity statute, as applied through the trial court's jury instructions, violated due process by impermissibly shifting the burden of persuasion to the defendant on an issue that negated an element of the crime.
• Ferenc v. Dugger
  867 F.2d 1301· 11th Cir.· 1989-03-15 ·cited 4×
  The doctrine of collateral estoppel does not preclude the State from using evidence previously suppressed on Fourth Amendment grounds in a subsequent, unrelated criminal action if the suppressed evidence was not essential to the defendant's conviction in the prior proceeding.
• United States v. Risken
  869 F.2d 1098· 8th Cir.· 1989-03-13 ·cited 4×
  The court held that the district court did not err in denying the habeas corpus petition, as the appellant failed to prove ineffective assistance of counsel.
• Morgan v. Norwood Jackson
  869 F.2d 682· 2d Cir.· 1989-03-08 ·cited 4×
  The court held that a federal habeas petitioner must exhaust state remedies by fairly presenting their federal claim to the state courts, including the factual and legal premises, before seeking federal review.
• Miller v. Vasquez
  868 F.2d 1116· 9th Cir.· 1989-03-03 ·cited 4×
  The court held that the failure to allow the jury to decide the personal use element of a sentence enhancement was harmless error, and that a claim of insufficient evidence was meritless. However, the court reversed and remanded for a determination of the petitioner's claim that
• Paprocki v. Foltz
  869 F.2d 281· 6th Cir.· 1989-03-01 ·cited 4×
• Reed v. Butler
  866 F.2d 128· 5th Cir.· 1989-02-21 ·cited 4×
  The court held that a toy pistol, when used in a manner that creates a life-endangering situation, can constitute a dangerous weapon under Louisiana's armed robbery statute as it existed in 1977.
• Titcomb v. Commonwealth OF Va.
  869 F.2d 780· 4th Cir.· 1989-02-10 ·cited 4×
  The court would affirm dismissal of the Brady claim on the merits, finding no reasonable probability the undisclosed evidence would have changed the outcome.
• Butler v. Aiken
  864 F.2d 24· 4th Cir.· 1988-12-02 ·cited 4×
  The dissenting judge believes the defendant's conviction was obtained in violation of constitutional law and that he is entitled to habeas relief.
• Amanullah AND Wahidullah v. Cobb
  862 F.2d 362· 1st Cir.· 1988-11-22 ·cited 4×
  The court affirmed the judgment, finding that deportation to India was prevented by § 1253(h) given India's refusal to accept the aliens.
• Earvin v. Lynaugh
  860 F.2d 623· 5th Cir.· 1988-11-10 ·cited 4×
  The court held that the petitioner failed to establish ineffective assistance of counsel at the penalty phase of his trial and that his claim regarding the facial constitutionality of the Texas death penalty statute was not properly preserved.