Habeas Corpus

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

• Helms v. Elie Jones
  621 F.2d 211· 5th Cir.· 1980-07-11 ·cited 4×
  The court held that the Georgia child abandonment statute violates the Equal Protection Clause by creating a felony for leaving the state while only a misdemeanor for abandoning a child within the state, thereby infringing the fundamental right to travel.
• Breest v. Perrin
  624 F.2d 1112· 1st Cir.· 1980-07-11 ·cited 4×
  The defendant was deprived of his Sixth Amendment right to a fair trial due to prosecutorial misconduct.
• Reynolds v. State
  388 So. 2d 221· Fla. 2d DCA· 1980-06-25 ·cited 4×
  The court held that the absence of the governor's rendition warrant in the habeas corpus proceeding requires the discharge of the appellant.
• Carden v. State OF Mont.
  626 F.2d 82· 9th Cir.· 1980-06-20 ·cited 4×
  Federal courts should not intervene via pretrial habeas corpus in state criminal prosecutions absent "special circumstances" demonstrating irreparable injury or bad faith prosecution.
• McGUIRK v. Fair
  622 F.2d 597· 1st Cir.· 1980-06-19 ·cited 4×
  A guilty plea is voluntary if the defendant received 'real notice' of the offense, even if not all technical elements were explicitly explained by the judge.
• Payne v. Vinson Thompson
  622 F.2d 254· 6th Cir.· 1980-05-21 ·cited 4×
  The court held that the taking of physical evidence samples without the knowledge of the defendant's appointed counsel, and the refusal to provide independent expert witnesses, did not constitute a federal constitutional violation.
• Maggard v. Fla. Parole Comm'n
  616 F.2d 890· 5th Cir.· 1980-05-09 ·cited 4×
  The appeal is moot because the challenged parole revocation has no substantial collateral consequences on the petitioner's current confinement.
• Robbins v. Cardwell
  618 F.2d 581· 9th Cir.· 1980-05-09 ·cited 4×
  The court held that the constitutional issue of precluding defense witness testimony for discovery violations was not properly presented on appeal because the defendant subsequently waived his right to testify and present a defense, rendering the exclusion irrelevant.
• Conquest v. Mitchell
  618 F.2d 1053· 4th Cir.· 1980-04-08 ·cited 4×
  The court held that the defendant's Fifth Amendment rights were not violated by the admission of testimony from a psychiatrist who examined him at the request of his own lawyer.
• Stack v. State of Fla. ex rel. Anthony John Morgan
  381 So. 2d 366· Fla. 4th DCA· 1980-03-26 ·cited 4×
  Sheriff Stack appeals a habeas corpus order that released Morgan from extradition to Massachusetts on a weapons charge. The Fourth District Court of Appeal reversed, holding that an affidavit need not explicitly allege the element of knowledge to substantially charge a crime unde
• State of Fla. ex rel. William Gandert, III v. Roberts
  381 So. 2d 1191· Fla. 2d DCA· 1980-03-26 ·cited 4×
  William Gandert challenged his extradition to Michigan on a habeas corpus petition, arguing that Michigan's governor's demand was defective because it failed to allege his presence in Michigan at the time of the alleged crime. The court reversed the denial of habeas corpus, holdi
• Cole v. Louie L. Wainwright
  614 F.2d 67· 5th Cir.· 1980-03-20 ·cited 4×
  The court held that a defendant cannot be punished with a more severe sentence for exercising their right to a jury trial, but the petitioner failed to prove such punishment in this specific case.
• Mains v. Butterworth
  619 F.2d 83· 1st Cir.· 1980-03-10 ·cited 4×
  The court held that the prosecution's failure to disclose potentially impeaching evidence about a key witness did not create a reasonable doubt that did not otherwise exist, thus the habeas corpus writ should be dismissed.
• United States ex rel. Alex Metro v. United States Parole Comm'n
  613 F.2d 117· 5th Cir.· 1980-03-07 ·cited 4×
  The court held that the amended parole regulations provide the prisoner with the full-scale hearing he sought, and the statute does not require full-scale hearings every two years.
• DE Martino v. Weidenburner
  616 F.2d 708· 3d Cir.· 1980-03-05 ·cited 4×
  The court held that the suppressed evidence was not material under Brady v. Maryland, and therefore, the appellant was not denied due process.
• Distillator v. Civiletti
  612 F.2d 194· 5th Cir.· 1980-02-21 ·cited 4×
  The court held that the parole violator warrant was not executed on the date of arrest, and therefore the subsequent sentence should not have been stacked consecutively. The court granted habeas corpus relief.
• Theodore v. The State OF NEW Hampshire
  614 F.2d 817· 1st Cir.· 1980-02-11 ·cited 4×
  The court held that the petitioner failed to establish that his attorney's prior representation of a prosecution witness created an actual conflict of interest or specific prejudice, thus he was not denied effective assistance of counsel.
• Waste Mgmt. OF Wis., Inc. v. Fokakis
  614 F.2d 138· 7th Cir.· 1980-02-01 ·cited 4×
  Federal courts lack jurisdiction to hear a corporation's collateral attack under 42 U.S.C. § 1983 on a state court criminal conviction, as habeas corpus is the exclusive federal remedy for such attacks.
• United States ex rel. James Moore v. Lane
  612 F.2d 1046· 7th Cir.· 1980-01-08 ·cited 4×
  Federal habeas corpus relief is barred for Fourth Amendment claims when the state has provided a full and fair opportunity to litigate the issue.
• United States ex rel. Marlene Swimley v. Nesbitt
  608 F.2d 1130· 7th Cir.· 1979-11-02 ·cited 4×
  The failure of a state trial judge to give cautionary instructions on the testimony of accomplices or immunized witnesses does not violate a petitioner's due process right to a fair trial.
• Syrovatka v. Eldin J. Erlich
  608 F.2d 307· 8th Cir.· 1979-10-31 ·cited 4×
  The court held that the challenge to the adoption was barred by the statute of limitations and that disturbing the current custody arrangements would not be in the children's best interests.
• Rheuark v. Wade
  608 F.2d 304· 8th Cir.· 1979-10-29 ·cited 4×
  The court held that the district court properly dismissed the habeas corpus petition for lack of personal jurisdiction over the Texas custodians.
• United States v. Washington
  608 F.2d 292· 8th Cir.· 1979-10-18 ·cited 4×
  Subsequent changes in the Parole Commission's offense classification system do not provide a basis for collateral attack on a final judgment or sentence under 28 U.S.C. § 2255.
• Salama v. Commonwealth OF Va.
  605 F.2d 1329· 4th Cir.· 1979-10-05 ·cited 4×
  The court held that a case should not be remanded for further proceedings when the initial dismissal was proper, especially when the state court's decision was not presented to the district court.
• Gore v. Leeke
  605 F.2d 741· 4th Cir.· 1979-09-12 ·cited 4×
  The court held that a jury instruction, when viewed in the context of the entire charge, did not unconstitutionally shift the burden of proof to the defendant, especially when no objection was raised at trial.
• Bennie Dixon Burton v. Oliver
  599 F.2d 49· 5th Cir.· 1979-07-03 ·cited 4×
  A federal court does not require a prisoner to seek state collateral relief on issues already raised on direct appeal before filing for federal habeas corpus relief.
• Walker v. Wilmot
  603 F.2d 1038· 2d Cir.· 1979-06-29 ·cited 4×
  The district court erred by not considering the petitioner's testimony regarding his confession and must reconsider the habeas petition with this testimony.
• United States v. Orland Eugene Miller
  599 F.2d 249· 8th Cir.· 1979-05-16 ·cited 4×
  The court held that the Parole Commission's guidelines did not violate the ex post facto clause, did not frustrate the sentencing judge's intent, and that the appellant received meaningful parole consideration.
• Griffin v. Blackburn
  594 F.2d 1044· 5th Cir.· 1979-05-09 ·cited 4×
  An uncounseled misdemeanor conviction, even if no imprisonment was imposed, is valid for impeachment purposes and does not render appointed counsel ineffective for failing to object to its use.
• United States ex rel. Willie Sampson, Jr. v. Lue Brewer
  593 F.2d 798· 7th Cir.· 1979-03-12 ·cited 4×
  The court held that the seriousness of the convicted crimes and the lengthy sentences imposed provide a rational basis for the state court's denial of bail pending appeal.
• Taylor v. Mabry
  593 F.2d 318· 8th Cir.· 1979-02-23 ·cited 4×
  The court held that the district court did not err in denying the habeas corpus petitioner's request to subpoena other jurors to testify, as the petitioner failed to make a sufficient showing of prejudice.
• Powers v. Honorable Alan Schwartz
  587 F.2d 783· 5th Cir.· 1979-01-12 ·cited 4×
  The case is moot because the appellee has been convicted and is no longer a pretrial detainee, thus lacking a personal stake in the outcome.
• United States ex rel. Franklin Parish v. Elrod
  589 F.2d 327· 7th Cir.· 1979-01-04 ·cited 4×
  The court held that a pretrial petition for federal habeas corpus is premature when the petitioner has not exhausted state remedies, absent special circumstances.
• Davis v. Carson W. Markley
  589 F.2d 784· 4th Cir.· 1979-01-04 ·cited 4×
  The court held that periods during which a youth offender was on a stay of execution of sentence, while reporting employment status and remaining within the supervisory ambit of the correctional process, constitute operative time for the purpose of calculating the unconditional d
• Jones v. Cardwell
  588 F.2d 279· 9th Cir.· 1978-12-20 ·cited 4×
  The court held that a full factual development is required to determine if a confession obtained during a pre-sentence interview, without Miranda warnings, was voluntary and admissible, particularly given the probation officer's role.
• United States ex rel. John W. Gentry v. The Cir. Court OF Cook Cnty.
  586 F.2d 1142· 7th Cir.· 1978-11-15 ·cited 4×
  The court held that the district court's finding that the appellant waived his right to a jury trial in state court was not clearly erroneous, and therefore, his petition for a writ of habeas corpus was properly denied.
• Bayless v. Estelle
  583 F.2d 730· 5th Cir.· 1978-11-08 ·cited 4×
  The court held that a prisoner is not constitutionally entitled to pre-sentence confinement credit or credit for time awaiting retrial, but may be entitled to good time credit for time spent incarcerated during an appeal if the conviction was reversed and retried, subject to cond
• Tippett v. Roberts
  587 F.2d 373· 8th Cir.· 1978-11-08 ·cited 4×
  The court affirmed the dismissal of the habeas corpus petition, finding that federal inquiry into the Fourth Amendment claim was limited by Stone v. Powell, as the issue was fully litigated in state courts.
• Northington v. United States Parole Comm'n
  587 F.2d 2· 6th Cir.· 1978-11-01 ·cited 4×
  The court held that a delay in a parole revocation hearing, without demonstrated prejudice, does not warrant habeas corpus relief, even if it exceeds the statutory 90-day limit.
• Pentecost v. Estelle
  582 F.2d 1029· 5th Cir.· 1978-10-30 ·cited 4×
  The court held that the admission of evidence concerning the shooting of a police officer was permissible as part of the entire transaction and that the exclusion of allegedly impeaching evidence on that collateral issue was within the trial court's discretion.
• Thomas v. Estelle
  582 F.2d 939· 5th Cir.· 1978-10-25 ·cited 4×
  The court held that the district court erred in granting habeas corpus relief without an evidentiary hearing, as factual issues regarding the applicability of a hearsay exception required further development.
• Trombley v. Anderson
  584 F.2d 807· 6th Cir.· 1978-10-06 ·cited 4×
  A guilty plea breaks the chain of prior constitutional claims, and the record supports the finding of premeditation and effective assistance of counsel.
• Captain David A. Karlin v. The Honorable Thomas C. Reed
  584 F.2d 365· 10th Cir.· 1978-09-27 ·cited 4×
  The court held that the trial court erred in applying the 'basis in fact' test to military personnel decisions, and that the military's decision to deny an exemption had a sufficient basis and was not arbitrary or irrational.
• Lopez v. Curry
  583 F.2d 1188· 2d Cir.· 1978-09-15 ·cited 4×
  The court held that while the statute creating a presumption of knowing possession of narcotics from presence in a vehicle is constitutional, the trial judge's instructions improperly shifted the burden of proof to the defendants, violating due process.
• Tucker v. Wolff
  581 F.2d 235· 9th Cir.· 1978-08-31 ·cited 4×
  The court held that the district court erred in denying habeas corpus relief without an evidentiary hearing on the speedy trial claim and the constitutionality of a state statute creating a presumption of intent.
• Pavao v. Cardwell
  583 F.2d 1075· 9th Cir.· 1978-08-30 ·cited 4×
  The court held that the prisoner's claims regarding perjury, admission of a statement, and non-disclosure of a presentence report were without merit and affirmed the denial of habeas corpus relief.
• Fabiano v. Wheeler
  583 F.2d 265· 6th Cir.· 1978-08-25 ·cited 4×
  A trial judge may consider a defendant's perjury or suborning perjury when determining a sentence, especially when the defendant receives the sentence agreed upon in a plea bargain.
• United States ex rel. James Robinson v. Israel
  581 F.2d 1276· 7th Cir.· 1978-08-22 ·cited 4×
  A guilty plea is invalid if the defendant was not informed of a "pen letter" sent by the judge and prosecutor to the parole board recommending the maximum sentence, as this undermines the understanding of parole eligibility.
• Kruglak v. Purdy
  578 F.2d 574· 5th Cir.· 1978-08-18 ·cited 4×
  The court held that the prosecutor's remarks were not so prejudicial as to constitute fundamental error, especially given the defense's prior arguments and lack of objection.
• Stokes v. Fair
  581 F.2d 287· 1st Cir.· 1978-08-10 ·cited 4×
  The court held that the absence of a statement of reasons for waiving juvenile jurisdiction did not violate due process, as the reasons were apparent from the record and the relevant statute granted broad discretion.