Habeas Corpus

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

• Francis v. Dugger
  697 F. Supp. 472· S.D. Fla.· 1988-10-07 ·cited 4×
  The court denied Bobby Marion Francis's petition for a writ of habeas corpus, finding that any constitutional errors were harmless beyond a reasonable doubt.
• Neely v. Zimmerman
  858 F.2d 144· 3d Cir.· 1988-10-03 ·cited 4×
  The court held that the state procedural rule requiring issues to be raised in written post-verdict motions is an independent and adequate state ground that precludes federal habeas review, absent a showing of cause and prejudice.
• Smith v. Armontrout
  858 F.2d 1303· 8th Cir.· 1988-09-23 ·cited 4×
  The court indicated its intention to deny the application for a certificate of probable cause, which would terminate the appeal and allow the scheduled execution to proceed.
• United States v. Dawson
  857 F.2d 923· 3d Cir.· 1988-09-21 ·cited 4×
  The court held that the district court erred in denying a hearing on the appellant's motion to vacate his sentence, as some of his allegations of ineffective assistance of counsel raised substantial challenges to his convictions.
• Ames v. Endell
  856 F.2d 1441· 9th Cir.· 1988-09-15 ·cited 4×
  The court held that the petitioner failed to demonstrate ineffective assistance of counsel, as the attorneys' actions were within the bounds of reasonable professional judgment and tactical decisions were appropriate.
• Sanders v. Clarke
  856 F.2d 1134· 8th Cir.· 1988-09-12 ·cited 4×
  The court held that a defendant is not required to show prejudice to obtain relief when counsel fails to comply with the Anders requirements for withdrawing from a frivolous appeal.
• York v. A.L. Lockhart
  856 F.2d 61· 8th Cir.· 1988-09-06 ·cited 4×
  The court held that the petitioner failed to demonstrate ineffective assistance of counsel because counsel's performance was not deficient and the petitioner suffered no prejudice from the alleged errors.
• Johnson v. Riveland
  855 F.2d 1477· 10th Cir.· 1988-09-02 ·cited 4×
  The court held that the case is moot because the petitioner has been paroled and the state has already granted credit against the maximum sentence, rendering the issues incapable of judicial resolution.
• Evans v. Young
  854 F.2d 1081· 7th Cir.· 1988-08-29 ·cited 4×
  The court held that the state trial judge's procedures were appropriate to ensure a fair trial, and the district court's denial of the habeas petition was correct.
• Babatunde Sunday Adesiji v. State OF Minn.
  854 F.2d 299· 8th Cir.· 1988-08-15 ·cited 4×
  The court held that the admission of expert testimony regarding general patterns of child sexual abuse accusations, even if improper under state law, did not rise to the level of a constitutional violation warranting federal habeas corpus relief.
• Bagby v. Sowders
  853 F.2d 1340· 6th Cir.· 1988-08-10 ·cited 4×
  The court held that the prosecutor's comments were not manifestly intended to reflect the accused's silence and would not naturally and necessarily be understood as such by the jury.
• Gunn v. Lanson Newsome
  851 F.2d 1294· 11th Cir.· 1988-08-08 ·cited 4×
• Davis v. Barber
  853 F.2d 1418· 7th Cir.· 1988-08-05 ·cited 4×
  The court held that Indiana's nonsupport statute, which places the burden on the defendant to prove inability to pay as an affirmative defense, does not violate due process because ability to pay is not an element of the offense as defined by state law.
• Harris v. State
  528 So. 2d 361· Fla.· 1988-07-01 ·cited 4×
  Theodore Harris appeals the denial of his postconviction 3.850 motion for relief from his death sentence for the 1981 murder of a 73-year-old woman. The Florida Supreme Court affirmed the trial court's denial, rejecting Harris' claims of ineffective assistance of counsel and deny
• Smith v. Dugger
  529 So. 2d 679· Fla.· 1988-06-16 ·cited 4×
  Jimmy Lee Smith petitions for habeas corpus to overturn his death sentence for the brutal murders of Bonnie Ward and her twelve-year-old daughter. The Florida Supreme Court denies the petition, finding that although a sentencing instruction error occurred under Hitchcock v. Dugge
• Dung Thai Tran v. A.L. Lockhart
  849 F.2d 1064· 8th Cir.· 1988-06-13 ·cited 4×
  The dissenting judge would vacate the judgment dismissing the writ and remand for an evidentiary hearing.
• Amill Andrew Smith v. Sowders
  848 F.2d 735· 6th Cir.· 1988-06-08 ·cited 4×
  A federal court cannot grant habeas corpus relief based on a state court's interpretation or application of its own criminal statutes, even if it involves a doctrine like the 'single larceny' rule, as this does not present a federal constitutional question.
• Catarino Gonzales, Jr. v. Grammer
  848 F.2d 894· 8th Cir.· 1988-06-07 ·cited 4×
  The court held that the prior guilty pleas were not entered in accord with due process, as the defendant was not sufficiently informed of his constitutional rights to make an intelligent choice.
• Brooks v. Kincheloe
  848 F.2d 940· 9th Cir.· 1988-05-25 ·cited 4×
  The court held that the Sixth Amendment right to counsel was not violated because the jailhouse informant was not a government agent acting to deliberately elicit incriminating statements.
• Ulises Garay Ortez v. Chandler
  845 F.2d 573· 5th Cir.· 1988-05-24 ·cited 4×
  The appeal from a habeas corpus petition challenging a bond determination is moot because the alien has been deported and the requested relief (bond reduction) can no longer be granted.
• Roberts v. Arvon J. Arave
  847 F.2d 528· 9th Cir.· 1988-05-23 ·cited 4×
  The court held that the petitioner failed to exhaust state remedies by not petitioning the Idaho Supreme Court for discretionary review and failed to show cause and prejudice to overcome the procedural default.
• Clay v. Lynaugh
  846 F.2d 8· 5th Cir.· 1988-05-18 ·cited 4×
  If the carving doctrine would have barred the conviction, the Texas courts denied the defendant due process by applying the doctrine's elimination retroactively.
• Rice v. Hoke
  846 F.2d 160· 2d Cir.· 1988-05-10 ·cited 4×
  The court held that the trial judge correctly refused to instruct the jury on manslaughter in the first and second degrees because no reasonable view of the evidence supported such instructions.
• Hillery C. Thorne, Jr. v. Bailey
  846 F.2d 241· 4th Cir.· 1988-05-05 ·cited 4×
  The statute is unconstitutional because it is overbroad and abridges freedom of speech, and it was unconstitutionally applied to Thorne's conduct.
• Thomas v. Morris
  844 F.2d 1337· 8th Cir.· 1988-04-21 ·cited 4×
  The court held that the double jeopardy clause was violated by imposing consecutive sentences for felony murder and the underlying felony, requiring vacation of the unserved sentence.
• Anant Kumar Tripati v. Henman
  843 F.2d 1160· 9th Cir.· 1988-04-07 ·cited 4×
  A section 2241 petition for a writ of habeas corpus is not an adequate or effective substitute for a section 2255 motion when the sentencing court is allegedly biased, as remedies like recusal or disqualification exist.
• Landry v. Lynaugh
  844 F.2d 1117· 5th Cir.· 1988-03-29 ·cited 4×
• United States ex rel. John William Bilyew v. Franzen
  842 F.2d 189· 7th Cir.· 1988-03-21 ·cited 4×
  The court held that a meaningful retrospective competency hearing was possible and that the district court's finding of the petitioner's competency to stand trial was not clearly erroneous.
• Mattox v. Dugger
  839 F.2d 1523· 11th Cir.· 1988-03-18 ·cited 4×
  The court held that while the petitioner did not procedurally default on his claims, the evidence was constitutionally sufficient and cross-examination was not improperly limited, thus affirming the denial of the writ.
• Landry v. Judge J. Robert Hoepfner and William Guste, Jr.
  840 F.2d 1201· 5th Cir.· 1988-03-17 ·cited 4×
  The dissenting judge would reverse the lower court's decision and hold that a jury trial is mandated in driving while intoxicated cases.
• McKINLEY v. Smith
  838 F.2d 1524· 11th Cir.· 1988-03-10 ·cited 4×
  The court held that the trial court's denial of funds for a pathologist was not a denial of due process because the defendant's request was vague and the court offered reasonable alternatives for understanding the medical reports.
• Clark Varnell v. Young
  839 F.2d 1245· 7th Cir.· 1988-02-16 ·cited 4×
  The court held that the petitioner failed to exhaust state court remedies because the Wisconsin Court of Appeals explicitly stated he could pursue post-conviction relief under § 974.06, Wis.Stats., and he had not done so.
• Collin Montgomery v. United States Parole Comm'n
  838 F.2d 299· 8th Cir.· 1988-02-03 ·cited 4×
  The court held that the Parole Commission may rely on unadjudicated statements in a presentence investigation report when determining an offense severity rating for parole eligibility.
• Aiken v. Spalding
  841 F.2d 881· 9th Cir.· 1988-01-21 ·cited 4×
  The court held that the habeas petition must be dismissed without prejudice for failure to exhaust state remedies, as new evidence was presented that had not been considered by state courts.
• United States v. Quin
  836 F.2d 654· 1st Cir.· 1988-01-08 ·cited 4×
  The court held that imposing sanctions under Federal Rule of Civil Procedure 11 upon a defendant or their counsel in a Section 2255 habeas corpus proceeding would be inconsistent with the purpose of habeas corpus relief.
• Giarratano v. Murray
  836 F.2d 1421· 4th Cir.· 1988-01-04 ·cited 4×
  The court held that Virginia's provision of an adequate law library and institutional attorneys satisfies the constitutional right to meaningful access to the courts for death row inmates, and there is no constitutional right to appointed counsel for state post-conviction proceed
• Sailor v. Scully
  836 F.2d 118· 2d Cir.· 1987-12-30 ·cited 4×
  The court held that the Double Jeopardy Clause did not bar the state from resentencing Sailor as a second felony offender after an unsuccessful attempt to sentence him as a persistent felony offender, as the two sentencing schemes are distinct.
• Wheeler v. Swimmer
  835 F.2d 259· 10th Cir.· 1987-12-16 ·cited 4×
  Federal courts lack subject matter jurisdiction over claims arising from tribal election disputes, as remedies must be pursued through tribal forums.
• Jones v. Smith
  835 F.2d 175· 8th Cir.· 1987-12-09 ·cited 4×
  A prisoner's claim for restoration of good-time credits is a habeas corpus claim requiring exhaustion of state remedies, but a claim for monetary damages under section 1983 should be stayed, not dismissed, pending exhaustion.
• Stamps v. Rees
  834 F.2d 1269· 6th Cir.· 1987-12-07 ·cited 4×
  The court held that the petitioner's claims of insufficient evidence for his persistent felony offender conviction, the trial court's failure to conduct an on-the-record inquiry into the voluntariness of a de facto guilty plea, and ineffective assistance of counsel were without m
• Erling Knud Ove Hansen, Jr. v. Dugger
  515 So. 2d 1345· Fla. 1st DCA· 1987-11-24 ·cited 4×
  Hansen appeals the trial court's summary denial of his habeas corpus petition challenging his parole revocation. The court reversed, finding the trial court erred in summarily dismissing grounds related to delay in preliminary hearing, lack of timely notice, inability to cross-ex
• Rogers v. Carver
  833 F.2d 379· 1st Cir.· 1987-11-17 ·cited 4×
  The court held that jury instructions, when viewed in context, did not rise to constitutional magnitude, did not impermissibly shift the burden of proof, and that a manslaughter instruction was not warranted by the evidence.
• Beam v. Foltz
  832 F.2d 1401· 6th Cir.· 1987-11-10 ·cited 4×
  The court held that the prosecutor's argument, while potentially misleading, did not render the trial fundamentally unfair, and that defense counsel's performance was not ineffective.
• Scales v. Miss. State Parole Bd.
  831 F.2d 565· 5th Cir.· 1987-11-10 ·cited 4×
  The Mississippi parole statute does not create a constitutionally protected liberty interest because it grants the Parole Board absolute discretion, and therefore, the petitioner's due process claims fail.
• Cobb v. E.P. Perini
  832 F.2d 342· 6th Cir.· 1987-11-06 ·cited 4×
  The court held that the admission of pre-Miranda statements was not reversible error, and the appellant was not denied effective assistance of counsel.
• Coy Ray Phelps v. United States
  831 F.2d 897· 9th Cir.· 1987-11-03 ·cited 4×
  The court held that the commitment statutes, 18 U.S.C. §§ 4243 and 4247, are not unconstitutionally vague or overbroad.
• Pressly v. H.H. Gregory
  831 F.2d 514· 4th Cir.· 1987-10-21 ·cited 4×
  The court held that magistrates are immune from suit for judicial acts and that a § 1983 claim challenging incarceration is a habeas petition requiring dismissal for lack of jurisdiction over the custodian.
• Pinson v. Morris
  830 F.2d 896· 8th Cir.· 1987-10-05 ·cited 4×
  The court held that the panel opinion's reasoning regarding Pinson's knowledge of his appellate rights was incongruous and that the state may have an obligation to explicitly inform indigent defendants of their appellate rights.
• Netherly v. Dugger
  513 So. 2d 259· Fla. 2d DCA· 1987-10-02 ·cited 4×
  Florida appellate court affirmed denial of habeas corpus petition where inmate challenged forfeiture of gain time as ex post facto, holding the petition was premature because inmate remained legally confined.
• Toolate v. Borg
  828 F.2d 571· 9th Cir.· 1987-09-22 ·cited 4×
  A codefendant's in-court testimony that incriminates the defendant, but which the defendant cannot cross-examine, constitutes a Bruton error, but such error can be harmless if other overwhelming evidence of guilt exists.