Habeas Corpus

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

• Murphy v. Boehm
  443 So. 2d 363· Fla. 5th DCA· 1983-12-29 ·cited 4×
  Sheriff Murphy appealed the grant of habeas corpus relief discharging Boehm from custody pending extradition to Ohio. The court held that Boehm's prior release in Martin County in 1980 due to the expiration of the 90-day extradition holding period did not operate as res judicata
• Alcorn v. Smith
  724 F.2d 37· 6th Cir.· 1983-12-20 ·cited 4×
  The court held that the petitioner had not exhausted state remedies because he failed to properly present his claims, including ineffective assistance of counsel to excuse procedural default, to the state courts.
• Emilcar Bermudez v. Reid
  720 F.2d 748· 2d Cir.· 1983-11-01 ·cited 4×
  The court denied the Attorney General's motion for a stay pending appeal, requiring the state to release the petitioner, but later granted reconsideration and a stay pending appeal due to new information.
• Lannon v. Hogan
  719 F.2d 518· 1st Cir.· 1983-10-25 ·cited 4×
• Murrell Toby Hockenbury, III v. Sowders
  718 F.2d 155· 6th Cir.· 1983-09-26 ·cited 4×
  The court should affirm the district court's grant of habeas corpus, as the prosecution's use of the petitioner's post-arrest silence for impeachment violated due process.
• Shelvy v. Salanda Whitfield
  718 F.2d 441· D.C. Cir.· 1983-09-16 ·cited 4×
  The court held that a subsequent sentence ordered to run concurrently with an earlier sentence can only run with the unexpired portion of the earlier sentence.
• Williams v. Maggio
  714 F.2d 554· 5th Cir.· 1983-09-15 ·cited 4×
  The court affirmed the denial of the habeas corpus petition, finding the concurrent sentence doctrine applicable.
• Lufkins v. Solem
  716 F.2d 532· 8th Cir.· 1983-09-12 ·cited 4×
  The court held that the prisoner was denied due process due to an inadequate voluntariness hearing for his confession and received ineffective assistance of counsel, entitling him to habeas relief.
• Deloney v. W.J. Estelle, Jr.
  713 F.2d 1080· 5th Cir.· 1983-09-06 ·cited 4×
  The court held that the defendant's reindictment on more serious charges after his guilty plea was withdrawn did not constitute prosecutorial vindictiveness because the charges were not more severe than those in the original indictment, and his retrial was not barred by double je
• Mattheson v. Maggio
  714 F.2d 362· 5th Cir.· 1983-08-24 ·cited 4×
  The court granted a stay of execution and directed the district court to determine if prior convictions were uncounseled and if their use violated due process, as a certificate of probable cause may be warranted.
• Euell v. Wyrick
  714 F.2d 821· 8th Cir.· 1983-08-17 ·cited 4×
  The court held that the appellant failed to establish a prima facie case of underrepresentation of women on the jury venire, as required for a Sixth Amendment fair cross-section claim.
• Donnie L. Sloan v. W.J. Estelle, Jr.
  710 F.2d 229· 5th Cir.· 1983-07-28 ·cited 4×
  The court held that the petitioner's guilty pleas were voluntary and that the trial court did not err in failing to sua sponte order a competency hearing.
• Goudlock v. Marshall
  712 F.2d 238· 6th Cir.· 1983-07-21 ·cited 4×
  The court held that the Supreme Court's decision in Weir v. Fletcher narrowly limited Doyle v. Ohio, vacating prior Sixth Circuit precedent that had granted habeas corpus relief based on an expansive reading of Doyle.
• Chaney v. Brown
  712 F.2d 441· 10th Cir.· 1983-07-15 ·cited 4×
  The court granted the application for a stay of execution of the death warrant pending appeal.
• Adail v. Wyrick
  711 F.2d 99· 8th Cir.· 1983-07-06 ·cited 4×
  The court held that the pretrial lineup identification was admissible because, despite potential suggestiveness, it was reliable under the circumstances, and evidence of a prior crime was admissible to show common scheme or identity.
• Payne v. Janasz
  711 F.2d 1305· 6th Cir.· 1983-06-22 ·cited 4×
  The court held that the cumulative effect of trial errors, including the injection of an unnecessary 'lawful seizure' element and the admission of unreliable hearsay, rendered the trial fundamentally unfair and a denial of due process.
• Adams v. O.J. Keller
  713 F.2d 1195· 6th Cir.· 1983-06-22 ·cited 4×
  The dissenting judge would affirm the district court's denial of habeas corpus, finding the Parole Commission correctly applied the amended Federal Youth Corrections Act criteria.
• Janet M. Sanders/Miller v. Logan
  710 F.2d 645· 10th Cir.· 1983-06-13 ·cited 4×
  The court held that the evidence was insufficient to support a first-degree murder conviction for aiding and abetting, as there was no proof Sanders had full knowledge of the perpetrator's intent to kill.
• Evans v. Raines
  705 F.2d 1479· 9th Cir.· 1983-05-16 ·cited 4×
  The court clarifies that while a record of a guilty plea colloquy is preferred, it is not a constitutional right imposed on states.
• Johnson v. Louie L. Wainwright
  702 F.2d 909· 11th Cir.· 1983-04-11 ·cited 4×
  The court held that the defendant failed to meet the burden of showing that the ends of justice would be served by a redetermination of his habeas corpus petition, despite his claims of lack of counsel and understanding.
• Gilreath v. Mitchell
  705 F.2d 109· 4th Cir.· 1983-04-07 ·cited 4×
  The court held that the trial judge properly admitted the confession by assessing voluntariness, not truthfulness, and that Miranda rights were effectively waived.
• Karlos Argiz v. United States Immigration
  704 F.2d 384· 7th Cir.· 1983-04-07 ·cited 4×
  The court held that an alien is not entitled to a speedy deportation hearing under the Sixth Amendment, the Interstate Agreement on Detainers, or the Speedy Trial Act because deportation proceedings are civil, not criminal.
• Kelly v. Warden, House OF Correction
  701 F.2d 311· 4th Cir.· 1983-03-03 ·cited 4×
  The court held that the district court erred in placing the burden of proof on the petitioner to show harm from counsel's incompetence, rather than on the state to show the error was harmless.
• Young v. Callahan
  700 F.2d 32· 1st Cir.· 1983-02-16 ·cited 4×
  The court held that confining a defendant to the prisoner's dock without a finding of necessity for security, over objection, unconstitutionally impaired his right to a fair trial.
• Rowls v. Boone
  427 So. 2d 220· Fla. 1st DCA· 1983-02-11 ·cited 4×
  Roy Rowls petitioned for habeas corpus after being imprisoned for contempt of court for failure to pay child support. The Florida appellate court granted the petition and ordered his discharge because the circuit court had not yet rendered a written order constituting the legal a
• Minor v. Lucas
  697 F.2d 697· 5th Cir.· 1983-02-07 ·cited 4×
  The court held that a federal habeas petitioner must present constitutional claims to state courts in a constitutional framework, not just state law grounds, to satisfy the exhaustion requirement.
• Youngblood v. Maggio
  696 F.2d 407· 5th Cir.· 1983-02-04 ·cited 4×
  The court held that the petitioner received reasonably effective assistance of counsel, and thus the district court did not err in dismissing his habeas corpus petition.
• Kear v. Hilton
  699 F.2d 181· 4th Cir.· 1983-01-31 ·cited 4×
  The court held that the extradition of the bail jumper to Canada was proper, as the abduction across international borders constituted kidnapping under both U.S. and Canadian law, and the bail jumper's prior consent did not bind the Canadian government.
• Bronson Howard Knight v. Johnson
  699 F.2d 162· 4th Cir.· 1983-01-20 ·cited 4×
  The court held that the state trial court's procedure of accepting guilty pleas under protest and then proceeding to hear evidence to determine guilt did not violate due process or the right to effective assistance of counsel.
• Grimsley v. Dodson
  696 F.2d 303· 4th Cir.· 1982-12-15 ·cited 4×
  The Fourth Amendment exclusionary rule does not apply to state probation revocation hearings when the state has provided an opportunity for full and fair litigation of the Fourth Amendment claim.
• Robinson v. Callahan
  694 F.2d 6· 1st Cir.· 1982-12-03 ·cited 4×
  The court affirmed the denial of the habeas corpus petition, holding that the state trial court's jury instructions on reasonable doubt and burden of proof, including the burden of proving absence of duress, were not unconstitutional.
• Smith v. Wyrick
  693 F.2d 808· 8th Cir.· 1982-12-01 ·cited 4×
  The court held that a federal court must grant an evidentiary hearing on a habeas petition if relevant facts are in dispute and a fair hearing was not granted in state court, but affirmed the denial because the petitioner's claim could be resolved on the record.
• Vance v. Bordenkircher
  692 F.2d 978· 4th Cir.· 1982-11-12 ·cited 4×
  The dissenting judge argues that the totality of circumstances, including the defendant's youth, low intelligence, and prolonged interrogation without counsel, renders his confession involuntary and a violation of due process.
• Epps v. Louie L. Wainwright
  420 So. 2d 659· Fla. 4th DCA· 1982-10-20 ·cited 4×
  The court granted the petition for a writ of habeas corpus, allowing the petitioner to proceed with a delayed appeal.
• Futch v. State
  420 So. 2d 905· Fla. 3d DCA· 1982-10-19 ·cited 4×
  Futch petitioned for habeas corpus claiming his appellate counsel was ineffective for failing to raise certain trial errors on appeal. The court denied the petition, holding that the trial court lacked authority to consider such claims and that the alleged errors were either unsu
• Phillips v. Rose
  690 F.2d 79· 6th Cir.· 1982-10-06 ·cited 4×
  The court held that jury instructions creating a presumption of malice that shifted the burden of persuasion to the defendant violated due process and were not harmless error.
• Subilosky v. Callahan
  689 F.2d 7· 1st Cir.· 1982-09-24 ·cited 4×
  The court affirmed the denial of the petition for a writ of habeas corpus, finding no constitutional error in the state court's denial of a new trial.
• Remer J. Dasher v. Stripling
  685 F.2d 385· 11th Cir.· 1982-09-07 ·cited 4×
  The court held that a defendant's physical inability to attend trial, without waiver, requires reversal of a conviction obtained in absentia.
• Avera v. State
  417 So. 2d 804· Fla. 5th DCA· 1982-08-04 ·cited 4×
  Avera petitioned for a writ of habeas corpus seeking delayed appellate review after his assistant public defender failed to timely file a notice of appeal. The court granted the petition, holding that ineffective assistance of counsel excuses strict compliance with the 30-day app
• Carpenter v. Leibson
  683 F.2d 169· 6th Cir.· 1982-07-23 ·cited 4×
  The court held that due process prohibits the retroactive application of a new procedural rule (Kimbrough) that bars substantive review of convictions when petitioners complied with prior procedural requirements.
• Wilson v. Fenton
  684 F.2d 249· 3d Cir.· 1982-07-22 ·cited 4×
  The court held that the district court did not abuse its discretion in denying Wilson's motion to open the habeas corpus judgment because the Supreme Court's decision in Cuyler v. Adams was inapplicable to his factual situation.
• Nichols J. Romano v. Wyrick
  681 F.2d 555· 8th Cir.· 1982-07-07 ·cited 4×
  The court affirmed the dismissal of the habeas petition regarding the reckless driving conviction, finding no jurisdiction, and dismissed the probation revocation claim for failure to exhaust state remedies.
• Ramirez v. Jones
  683 F.2d 712· 2d Cir.· 1982-06-30 ·cited 4×
  A petitioner's failure to object at trial does not preclude federal habeas review if the state appellate court considered the merits, but the failure to object remains a factor in the federal court's analysis.
• Tinlin v. Warden Robert F. Parratt
  680 F.2d 48· 8th Cir.· 1982-06-11 ·cited 4×
  The court held that the district court correctly granted the petition for writ of habeas corpus, finding that the petitioner received ineffective assistance of counsel.
• Powers v. White
  680 F.2d 51· 8th Cir.· 1982-06-11 ·cited 4×
  The court held that the appellant failed to establish a constitutional violation of his speedy trial rights, affirming the denial of his habeas corpus petition.
• Donnie McDONALD v. Lucas
  677 F.2d 518· 5th Cir.· 1982-06-04 ·cited 4×
  The court held that the petitioner's course of conduct, including limited answers to questions after refusing to sign a Miranda waiver, did not constitute an implied waiver of his Miranda rights.
• Gov't of the Virgin Islands v. Dayton Wallace
  679 F.2d 1066· 3d Cir.· 1982-06-01 ·cited 4×
  The court held that the district court's order, requiring periodic reports and continued counsel representation, provided sufficient due process safeguards, even if the underlying statute was constitutionally deficient.
• Walker v. Lockhart
  678 F.2d 68· 8th Cir.· 1982-05-19 ·cited 4×
  The court granted the inmate's petition for an injunction pending appeal, requiring prison officials to maintain his current conditions of confinement.
• Amidon v. Lehman
  677 F.2d 17· 4th Cir.· 1982-04-28 ·cited 4×
  The Navy lacks independent authority to involuntarily extend enlistments based on apprehension or charges by civil authorities, rendering the BUPERSMAN provision invalid as it conflicts with Navy Regulations.
• Lebowitz v. Louie L. Wainwright
  670 F.2d 974· 11th Cir.· 1982-03-15 ·cited 4×