Habeas Corpus

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

• King v. Kenney
  671 F.2d 1053· 7th Cir.· 1982-03-04 ·cited 4×
  The court held that the Youth Corrections Act does not mandate continued YCA treatment if a sentencing judge determines the offender will not benefit from it, even with subsequent adult sentences.
• Pope v. Thone
  671 F.2d 298· 8th Cir.· 1982-02-24 ·cited 4×
  The court held that successive prosecutions by state and federal governments are not barred by the double jeopardy clause and that the 'Petite policy' is not constitutionally mandated.
• Tavarez v. General
  668 F.2d 805· 5th Cir.· 1982-02-22 ·cited 4×
  The Attorney General may apprehend a Mexican national who escaped from Mexican custody after being transferred there to serve a U.S. sentence, and return him to Mexico without a warrant or extradition proceedings, provided he is given an opportunity to consult counsel and petitio
• Rousan v. United States
  668 F.2d 1006· 8th Cir.· 1982-01-27 ·cited 4×
  The court held that the sua sponte action of the sentencing court in deleting the special parole term was sufficient under Bifulco, and the petition for habeas corpus was properly denied.
• Thompson v. Scurr
  668 F.2d 999· 8th Cir.· 1982-01-25 ·cited 4×
  The court affirmed the denial of the habeas corpus petition, finding no constitutional violations and that counsel was not ineffective.
• Maggard v. Louie L. Wainwright
  411 So. 2d 200· Fla. 1st DCA· 1982-01-14 ·cited 4×
  An inmate sought habeas corpus relief to invalidate a Kentucky parole violation detainer, arguing that Florida's Interstate Agreement on Detainers Act (IAD) should be extended to cover parole violations as Kentucky's law had been amended to include them. The Florida appellate cou
• Angel v. Overberg
  664 F.2d 1052· 6th Cir.· 1981-11-25 ·cited 4×
• Carver v. Mr. Joe R. Martin & the Attorney Gen. of The State of S.C.
  664 F.2d 932· 4th Cir.· 1981-11-24 ·cited 4×
  The court held that the defendant was tried and convicted under the correct statute, despite the indictment referencing a repealed statute, because the jury instructions and verdict clearly indicated the new statute was applied.
• Yancey v. Housewright
  664 F.2d 187· 8th Cir.· 1981-11-19 ·cited 4×
  The court held that the petitioner's claims of ineffective assistance of counsel, prosecutorial misconduct, and insufficient evidence did not warrant habeas corpus relief.
• Wilson v. Meyer
  665 F.2d 118· 7th Cir.· 1981-11-16 ·cited 4×
  The retrial of a defendant for felony murder after the felony murder count was nolle prossed violates the Double Jeopardy Clause.
• Seemiller v. Wyrick
  663 F.2d 805· 8th Cir.· 1981-11-11 ·cited 4×
  The court held that while delay in state proceedings can be a factor, it does not automatically excuse the exhaustion requirement unless the delay is unreasonable and prevents effective remedy. The court vacated the district court's dismissal and remanded for further consideratio
• Holiday v. Wyrick
  663 F.2d 789· 8th Cir.· 1981-11-10 ·cited 4×
  The court affirmed the denial of the petition for writ of habeas corpus because the petitioner raised new claims on appeal that were not presented to the district court and had not been exhausted in state courts.
• Nasario D. Martinez, Jr. v. Romero
  661 F.2d 143· 10th Cir.· 1981-10-05 ·cited 4×
  The court held that the district court erred in denying an evidentiary hearing on the appellant's claims of ineffective assistance of counsel, requiring remand for further proceedings.
• Crisp v. Mayabb
  668 F.2d 1127· 10th Cir.· 1981-09-29 ·cited 4×
  The court held that the state's petition for rehearing should be denied because the petitioner made a bona fide effort to exhaust state remedies, and the state's subsequent arguments lacked merit.
• Vance v. Hedrick
  659 F.2d 447· 4th Cir.· 1981-09-17 ·cited 4×
  The federal writ of habeas corpus is unavailable to challenge a state court conviction based on a procedural defect characterized as jurisdictional by the state, if the defect does not render the committing court wholly without power or if the defect is waivable.
• Bentsen v. Ralston
  658 F.2d 639· 8th Cir.· 1981-09-15 ·cited 4×
  The court held that the petitioner suffered no adverse effects from the forfeiture of good time credit and that his current good time credit is being properly calculated.
• Spruell v. Jarvis
  654 F.2d 1090· 5th Cir.· 1981-09-04 ·cited 4×
  The court held that an attorney found in contempt for objections made during trial, with sentencing deferred, is entitled to a hearing before a judge other than the one who presided over the trial, due to the risk of personal entanglement.
• Kelsie v. Trigg
  657 F.2d 155· 7th Cir.· 1981-08-20 ·cited 4×
  The court held that the prisoner was not deprived of liberty without due process because the sentence imposed was the minimum the jury could have imposed for the offense of conviction.
• McNULTY v. Antone Olim
  652 F.2d 1369· 9th Cir.· 1981-08-14 ·cited 4×
  The court held that the appellant's trial counsel's alleged errors did not constitute ineffective assistance of counsel because they did not prejudice the appellant under the applicable legal standards.
• Bentford Earl Starling, Jr. v. Estelle
  651 F.2d 1082· 5th Cir.· 1981-07-27 ·cited 4×
  The court held that a guilty plea is not rendered involuntary solely because it was entered to limit the maximum sentence or avoid a possible death penalty, and that a competency hearing is only required if evidence raises a bona fide doubt.
• United States v. Kearney
  659 F.2d 1203· D.C. Cir.· 1981-07-20 ·cited 4×
• Rennie Johnson v. Fogg
  653 F.2d 750· 2d Cir.· 1981-07-14 ·cited 4×
  The dissenting judge believes the case should be remanded for an evidentiary hearing to determine if the guilty plea was based on a mistaken belief about the maximum sentence.
• United States v. Cuyler
  653 F.2d 828· 3d Cir.· 1981-07-09 ·cited 4×
  The court held that the petitioner's constitutional rights to a speedy trial and confrontation were not violated, affirming the denial of his habeas corpus petition.
• Fierro v. Ellis MacDOUGALL
  648 F.2d 1259· 9th Cir.· 1981-06-26 ·cited 4×
  The court held that the imposition of consecutive sentences by a state court, even without explicit statutory authorization, does not violate due process or the separation of powers doctrine.
• Milano v. Garrison
  677 F.2d 374· 4th Cir.· 1981-06-23 ·cited 4×
  The exclusion of favorable Psychological Stress Evaluator (PSE) results, while admitting unfavorable polygraph results, did not deny a fair trial because the parties stipulated to the polygraph but not the PSE.
• United States v. Cabrera-Quintero
  650 F.2d 942· 8th Cir.· 1981-06-12 ·cited 4×
  The court held that the validity of the original deportation order is not a matter that can be raised under 28 U.S.C. § 2255.
• Pfaff v. Wells
  648 F.2d 689· 10th Cir.· 1981-05-06 ·cited 4×
  The pendency of a federal habeas corpus proceeding in the demanding state does not justify granting relief in a federal habeas proceeding in the asylum state to bar extradition.
• Jones v. Foltz
  646 F.2d 1172· 6th Cir.· 1981-04-29 ·cited 4×
  A habeas petitioner has exhausted state remedies even if a more complete review is theoretically possible after the state's highest court has already considered the issue.
• Glimmert Beckham v. State
  397 So. 2d 449· Fla. 3d DCA· 1981-04-28 ·cited 4×
  Beckham sought discharge under Florida's speedy trial rule after a federal habeas corpus court ordered either reinstatement of his original guilty plea or a new trial. The appellate court affirmed the trial court's denial of discharge, holding that habeas corpus proceedings remov
• O'Malley v. State
  396 So. 2d 1128· Fla.· 1981-04-02 ·cited 4×
  The Florida Supreme Court held that a sentencing imposed before a mentally disordered sex offender completed court-ordered psychiatric treatment violates statutory procedure under chapter 917, Florida Statutes. The Court vacated the sentences and remanded for resentencing after t
• Rooks E. Crawford v. Fenton
  646 F.2d 810· 3d Cir.· 1981-03-27 ·cited 4×
  The dissenting judge would affirm the district court's grant of habeas corpus, finding that the trial judge's declaration of a mistrial violated the petitioner's double jeopardy rights by failing to consider alternatives.
• Reardon v. Manson
  644 F.2d 122· 2d Cir.· 1981-03-18 ·cited 4×
  The court held that the district court failed to properly apply the presumption of correctness required by 28 U.S.C. § 2254(d) when overturning state court convictions based on the same record. The case is remanded for reconsideration.
• Lambdin v. Superintendent, Cal. Corr. Inst., Tehachapi, Cal.
  640 F.2d 245· 9th Cir.· 1981-02-20 ·cited 4×
  The court held that a prisoner's due process rights were not violated by the Community Release Board's determination of a release date under California's determinate sentencing law, even when classified as a serious offender.
• Sanders v. Wyrick
  640 F.2d 186· 8th Cir.· 1981-02-18 ·cited 4×
  The court held that the single photograph identification procedure was not so unnecessarily suggestive and conducive to irreparable mistaken identification as to violate due process.
• Fletcher v. Warden, United States Penitentiary, Leavenworth, Kansas
  641 F.2d 850· 10th Cir.· 1981-02-13 ·cited 4×
  The court held that one appeal was moot due to the prisoner's return to state custody, another was barred by failure to exhaust state remedies, and the third was affirmed based on prior precedent interpreting 18 U.S.C. § 5003(a).
• Keener v. Taylor
  640 F.2d 839· 6th Cir.· 1981-02-05 ·cited 4×
  The court held that a juvenile transfer hearing under Ohio Rev. Code § 2151.26 is not an adjudicatory proceeding, and therefore, double jeopardy does not attach during such a hearing.
• Chavis v. Henderson
  638 F.2d 534· 2d Cir.· 1980-12-30 ·cited 4×
  The court held that the victim's identification of the suspect was sufficiently reliable under the totality of the circumstances to meet due process requirements.
• Mitchell v. Engle
  634 F.2d 353· 6th Cir.· 1980-11-28 ·cited 4×
  The court held that overwhelming evidence of guilt rendered any trial error harmless beyond a reasonable doubt.
• Glenn v. Dallman
  635 F.2d 1183· 6th Cir.· 1980-11-06 ·cited 4×
  The court affirmed the district court's denial of habeas corpus relief regarding the Confrontation Clause claim, but remanded the jury instruction issue for reconsideration in light of a subsequent state supreme court decision.
• Turnbill v. Bordenkircher
  634 F.2d 336· 6th Cir.· 1980-11-05 ·cited 4×
  The court held that the failure to provide a limiting instruction regarding prior felony convictions, coupled with the trial judge's subsequent remarks, created a possibility of egregious unfairness, constituting clear error.
• Cleaver v. Bordenkircher
  634 F.2d 1010· 6th Cir.· 1980-10-31 ·cited 4×
  The court held that denying an indigent petitioner the right to appeal due to an overburdened public defender constitutes a denial of equal protection and effective assistance of counsel.
• Soap v. Carter
  632 F.2d 872· 10th Cir.· 1980-10-24 ·cited 4×
  The court held that a prosecutor's racially prejudicial remarks in closing argument, which appealed to stereotypes and created a probability of jury impairment, violated the petitioner's due process rights.
• Boyden v. Griffin Bell
  631 F.2d 120· 9th Cir.· 1980-10-23 ·cited 4×
  U.S. authorities are required by law to prorate remission credit for transferred prisoners according to the time actually served in a foreign prison.
• Kanasola v. Civiletti
  630 F.2d 472· 6th Cir.· 1980-10-03 ·cited 4×
  The court held that the Treaty and its implementing legislation do not suspend the writ of habeas corpus, and appellant waived his right to collaterally attack his Canadian conviction by voluntarily consenting to transfer.
• Haag v. Ward
  632 F.2d 206· 2d Cir.· 1980-09-30 ·cited 4×
  New York Penal Law § 70.30(1)(a) does not deny equal protection to a prisoner who has completed a prior felony sentence before commencing a second felony sentence.
• Pharr v. Israel
  629 F.2d 1278· 7th Cir.· 1980-09-23 ·cited 4×
  The court held that the petitioner's failure to object to jury instructions at trial constituted a waiver of his federal claims, barring federal habeas corpus review under Wainwright v. Sykes.
• Sigety v. Abrams
  632 F.2d 969· 2d Cir.· 1980-09-02 ·cited 4×
  The court held that Sigety's incarceration for civil contempt did not violate his Fifth Amendment rights because his testimony was not incriminating, and his due process claims were also without merit.
• United States v. Jackson
  627 F.2d 883· 8th Cir.· 1980-08-22 ·cited 4×
  The court held that the trial court's failure to explicitly inform the defendant that it could not order concurrent state and federal sentences, and its variations from a verbatim recitation of Rule 11 rights, did not invalidate the guilty plea as the defendant was otherwise adeq
• Hudson v. State
  388 So. 2d 577· Fla. 3d DCA· 1980-08-05 ·cited 4×
  The court held that the rendition warrant and supporting documents were properly admitted into evidence and were sufficient for extradition, even if not signed by the Governor personally.
• Martinez v. Romero
  626 F.2d 807· 10th Cir.· 1980-07-30 ·cited 4×
  The court held that the petitioner's counsel provided effective assistance and that the habitual offender statute was applied constitutionally.