Habeas Corpus

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

• Turner v. Henman
  829 F.2d 612· 7th Cir.· 1987-09-14 ·cited 4×
  A prisoner is not entitled to habeas corpus relief for the Parole Commission's failure to follow its own regulations unless that failure also violates a constitutional provision.
• Rosario Joseph Dispensa v. Lynaugh
  826 F.2d 375· 5th Cir.· 1987-09-04 ·cited 4×
  The court held that new evidence presented at a federal habeas hearing, which significantly strengthens the petitioner's claims regarding an impermissibly suggestive identification procedure, requires the state courts to be given an opportunity to consider this evidence first.
• Clanton v. Bair
  826 F.2d 1354· 4th Cir.· 1987-08-20 ·cited 4×
  The court held that a trial lawyer's representation was not constitutionally deficient for failing to insist on a psychiatric examination or for calling a witness whose prior statements were inconsistent, as the client provided no indication of mental issues and rejected the exam
• Webb v. Black
  826 F.2d 769· 8th Cir.· 1987-08-18 ·cited 4×
  The court held that the district court correctly denied the habeas corpus petition because the petitioner failed to overcome the presumption of verity attached to his guilty plea and state court findings.
• Wedemann v. Solem
  826 F.2d 766· 8th Cir.· 1987-08-17 ·cited 4×
  The court held that the admission of evidence of prior fires, insufficient evidence, and refusal of a jury instruction did not violate due process, and an evidentiary hearing was not required.
• Sahagian v. Dickey
  827 F.2d 90· 7th Cir.· 1987-08-14 ·cited 4×
  The court held that a state is not constitutionally required to provide legal materials for discretionary appeals, but reversed the denial of damages for denial of access at Marion, remanding for further proceedings.
• Escalera v. Coombe
  826 F.2d 185· 2d Cir.· 1987-08-13 ·cited 4×
  The court held that precluding an alibi witness solely as a sanction for noncompliance with notice statutes, absent a showing of substantial prejudice, violates the Sixth and Fourteenth Amendments, and that the district court erred in failing to review the sufficiency of evidenti
• Payne v. LeFEVRE
  825 F.2d 702· 2d Cir.· 1987-08-04 ·cited 4×
• Hernandez v. Eloy Mondragon
  824 F.2d 825· 10th Cir.· 1987-07-28 ·cited 4×
  The court held that the formation of a law partnership on the day of trial, without more, does not automatically demonstrate an actual conflict of interest adversely affecting counsel's performance, especially when the prior representation had concluded and no confidences were sh
• Pillette v. Dale Foltz & Frank Kelley
  824 F.2d 494· 6th Cir.· 1987-07-23 ·cited 4×
  The court held that the petitioner failed to exhaust his state remedies for his ineffective assistance of counsel claim and that futility did not excuse this failure.
• Davis v. Jabe
  824 F.2d 483· 6th Cir.· 1987-07-23 ·cited 4×
  The exclusion of the brother's testimony was an evidentiary error, not of constitutional magnitude, and was harmless beyond a reasonable doubt given the substantial evidence of guilt.
• Terrado v. A.D. Moyer
  820 F.2d 920· 7th Cir.· 1987-06-12 ·cited 4×
  The court held that the district court lacked jurisdiction to hear the habeas corpus petition because the alien was not in custody and the case was moot.
• United States v. ELK
  820 F.2d 959· 8th Cir.· 1987-06-10 ·cited 4×
  A jury verdict is constitutional if jurors substantially agree on the nature of the defendant's guilty act, even if they disagree on whether the defendant acted as a principal or an aider/abettor.
• Glass v. Hilton Butler
  820 F.2d 112· 5th Cir.· 1987-06-10 ·cited 4×
  The court held that the applicant failed to make a substantial showing of the denial of a federal right, thus denying the certificate of probable cause and dismissing the appeal.
• Agan v. Duggar
  508 So. 2d 11· Fla.· 1987-06-08 ·cited 4×
  James Agan, under a death warrant, petitioned the Florida Supreme Court for a writ of habeas corpus and a stay of execution. The Court denied both petitions, rejecting claims that the sentencing judge failed to consider nonstatutory mitigating circumstances and that appellate cou
• Burley v. Cabana
  818 F.2d 414· 5th Cir.· 1987-06-03 ·cited 4×
  Counsel's failure to inform the trial court of sentencing alternatives constituted ineffective assistance, warranting resentencing, but failure to file a written continuance motion did not prejudice the defendant.
• Bright v. Williams
  817 F.2d 1562· 11th Cir.· 1987-06-02 ·cited 4×
  The court held that the petitioner's claim regarding the jury instruction on intent was exhausted and that the erroneous instruction was not harmless error, thus affirming the grant of the writ of habeas corpus.
• McDONALD v. Black
  820 F.2d 260· 8th Cir.· 1987-06-01 ·cited 4×
  The court held that a state's failure to comply with parental notification statutes, even if proven, does not automatically violate a juvenile's due process rights unless it renders the trial fundamentally unfair. Furthermore, the court affirmed that the juvenile's waiver of his
• Augustine v. Brewer
  821 F.2d 365· 7th Cir.· 1987-05-28 ·cited 4×
  The court held that the Parole Commission did not breach the plea agreement, abuse its discretion, or engage in double-counting when determining the petitioner's offense severity rating and presumptive parole date.
• Quenton N. Brown v. Butler
  815 F.2d 1054· 5th Cir.· 1987-05-05 ·cited 4×
  A pro se petitioner is not barred by abuse of the writ for raising claims based on new controlling case law of which they were unaware. The claim regarding psychiatric testimony and self-incrimination warrants a hearing.
• Moran v. Vose
  816 F.2d 35· 1st Cir.· 1987-04-22 ·cited 4×
  The court held that the district court erred in summarily dismissing the petitioner's § 2254 petition without examining the trial transcript or requiring an answer.
• Showery v. Samaniego
  814 F.2d 200· 5th Cir.· 1987-04-10 ·cited 4×
  The dissenting judge believes double jeopardy attaches to the bail revocation hearing, barring subsequent prosecution. Alternatively, collateral estoppel should bar the prosecution because the issue of fact was already decided.
• Beltempo v. Hadden
  815 F.2d 873· 2d Cir.· 1987-04-07 ·cited 4×
  The application of parole guidelines not in place at the time of sentencing does not violate the ex post facto clause, and the Parole Commission did not abuse its discretion in setting a presumptive parole date.
• DeVINE v. Solem
  815 F.2d 1205· 8th Cir.· 1987-04-07 ·cited 4×
  The court held that the district court applied the wrong standard in determining whether the admission of appellant's incriminating statements was harmless error.
• Meadows v. Kuhlmann
  812 F.2d 72· 2d Cir.· 1987-02-20 ·cited 4×
  Any error in admitting the lineup identification and the defendant's incriminating statements for impeachment was harmless beyond a reasonable doubt due to overwhelming evidence of guilt.
• Wang v. Withworth
  811 F.2d 952· 6th Cir.· 1987-02-11 ·cited 4×
  The dissenting judge would deny the writ of habeas corpus, finding that the trial judge's declaration of a mistrial due to prejudice, rather than insufficient evidence, does not bar retrial under the Double Jeopardy Clause.
• Burton v. Foltz
  810 F.2d 118· 6th Cir.· 1987-02-02 ·cited 4×
  A jury instruction that unconstitutionally shifts the burden of proof on intent can be harmless error if the evidence of intent is overwhelming and the predicate facts conclusively establish intent beyond a reasonable doubt.
• Miller v. Hadden
  811 F.2d 743· 2d Cir.· 1987-02-02 ·cited 4×
  The court held that good time credits earned after 1976 are forfeitable upon parole revocation, and the Parole Commission's failure to specifically warn of street time loss did not violate due process.
• Williams v. Louie L. Wainwright
  503 So. 2d 890· Fla.· 1987-01-29 ·cited 4×
  The court held that appellate counsel was not ineffective for failing to raise meritless arguments or for not advancing novel but unacceptable legal theories on appeal.
• Kilby v. Otie Jones
  809 F.2d 324· 6th Cir.· 1987-01-16 ·cited 4×
• Marcellous Cooper, Jr. v. Marsh
  807 F.2d 988· Fed. Cir.· 1986-12-19 ·cited 4×
  The dissenting judge would affirm the district court's dismissal of the complaint, finding that the due process claim was not preserved.
• In re Extradition OF Robert Henry Russell. United States v. Russell
  805 F.2d 1215· 5th Cir.· 1986-12-10 ·cited 4×
  The court held that the magistrate had jurisdiction, the offense was within the treaty, and there was sufficient evidence for probable cause to believe the accused was guilty, thus affirming the denial of bail and habeas corpus relief.
• Allen v. O.L. McCOTTER
  804 F.2d 1362· 5th Cir.· 1986-12-02 ·cited 4×
  A federal bench trial judge, like a state court judge in a bench trial, need not conduct a separate Jackson v. Denno hearing on confession voluntariness if the judge hears the evidence and resolves conflicts.
• Ruiz v. A.L. Lockhart
  806 F.2d 158· 8th Cir.· 1986-11-20 ·cited 4×
  The court held that while the convictions were valid, the death sentences were unconstitutional because an aggravating circumstance duplicated an element of the underlying capital crime. The court also held that the ruling in Collins v. Lockhart should apply retroactively.
• Fest v. Bartee
  804 F.2d 559· 9th Cir.· 1986-11-14 ·cited 4×
  The court held that the appellant must exhaust his claims in Nebraska state court because Nebraska retains jurisdiction and constructive custody under the Interstate Corrections Compact.
• Davis v. Blackburn
  803 F.2d 1371· 5th Cir.· 1986-11-10 ·cited 4×
  A federal court is not foreclosed from sua sponte applying the principle of Stone v. Powell when the petitioner has had a full and fair hearing on their Fourth Amendment claim in state court.
• United States v. Willis
  804 F.2d 961· 6th Cir.· 1986-11-07 ·cited 4×
  The court held that the defendant's claims regarding ineffective assistance of counsel, involuntary plea, and withdrawal of plea were not properly before the court on appeal from a Rule 35 motion denial, as they constituted a collateral attack on the conviction itself.
• Garofolo v. Coomb
  804 F.2d 201· 2d Cir.· 1986-10-28 ·cited 4×
  The court held that the petitioner's claims regarding prosecutorial misconduct and erroneous alibi instructions were not of constitutional magnitude and were harmless error, and his Sixth Amendment claim was barred by Supreme Court precedent.
• Duffy v. Foltz
  804 F.2d 50· 6th Cir.· 1986-10-23 ·cited 4×
  The court held that a defendant's counsel's concession of factual guilt to pursue an insanity defense does not violate the right to a jury trial or due process, and that sanity is not an element of the crimes under Michigan law.
• Stewart v. Louie L. Wainwright
  802 F.2d 395· 11th Cir.· 1986-10-06 ·cited 4×
  The court granted a stay of execution of the death sentence pending further order.
• Hoover v. Byrd
  801 F.2d 740· 5th Cir.· 1986-10-06 ·cited 4×
  The Texas Obscenity Statute's definition of 'patently offensive' as 'so offensive on its face to affront current community standards of decency' is consistent with the First Amendment.
• Woodrick v. Captain Peter B. Hungerford
  800 F.2d 1413· 5th Cir.· 1986-10-01 ·cited 4×
  A servicemember seeking rescission of enlistment contracts via habeas corpus must exhaust all available intraservice remedies, unless they can demonstrate futility or irreparable harm in doing so.
• Mira v. Marshall
  806 F.2d 636· 6th Cir.· 1986-09-29 ·cited 4×
  The court held that the district court did not err in denying the petition for a writ of habeas corpus, as the petitioner failed to demonstrate constitutional violations regarding de novo review, appointment of counsel, jury instructions, indictment sufficiency, evidence sufficie
• Troedel v. Wainwright
  667 F. Supp. 1456· S.D. Fla.· 1986-09-23 ·cited 4×
  The court held that the prosecution's knowing use of misleading expert testimony and the failure to disclose exculpatory evidence rendered the trial fundamentally unfair, warranting habeas corpus relief.
• Beck v. Norris
  801 F.2d 242· 6th Cir.· 1986-09-17 ·cited 4×
  The court held that the use of testimony from witnesses who had undergone hypnosis did not deprive the petitioner of a fair trial, and any error in a jury instruction regarding malice was harmless.
• Hunt v. M.L. Woodson
  800 F.2d 416· 4th Cir.· 1986-09-11 ·cited 4×
  The dissenting judge believes the majority opinion incorrectly reversed the district court's judgment.
• Thomas v. Hoppe
  493 So. 2d 549· Fla. 4th DCA· 1986-09-10 ·cited 4×
  Parents Nelson Thomas and Hipomene Cadet sought habeas corpus relief from a permanent commitment order of their four minor children to HRS. The court vacated the commitment order due to the destruction of the hearing tape and the uncertainty regarding whether parents were properl
• Maggard v. Wyrick
  800 F.2d 195· 8th Cir.· 1986-09-02 ·cited 4×
  The court held that the application of the amended parole statute did not violate the ex post facto clause because the prisoner's parole would have been denied under the old statute, and that the prisoner had no due process right to access his parole file as the amended statute n
• Red Martin Cain v. Petrovsky
  798 F.2d 1194· 8th Cir.· 1986-08-20 ·cited 4×
  The court held that federal courts lack jurisdiction under § 2241 to grant relief for violations of state law or state speedy trial provisions, and that jail time served in connection with a dropped federal charge is not creditable against a federal sentence for unrelated offense
• Wickstrom v. Schardt
  798 F.2d 268· 7th Cir.· 1986-08-19 ·cited 4×
  The court affirmed the dismissal of the habeas corpus petition because at least one claim was unexhausted and the petitioner was no longer in custody.