Habeas Corpus

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

• Grandison v. Warden, Maryland House OF Correction and Mrs. Linda A. Corrick, Records Supervisor
  580 F.2d 1231· 4th Cir.· 1978-07-25 ·cited 4×
  The court held that the use of prior convictions, void under Long v. Robinson, to impeach the appellant's testimony was harmless error. The court also noted, but did not decide, the issue of whether misrepresenting age waives juvenile status.
• Salter v. Johnson
  579 F.2d 1007· 6th Cir.· 1978-07-20 ·cited 4×
  The court held that the district court did not err in denying the petition for a writ of habeas corpus, affirming the denial.
• Fay Monroe van Meter v. State OF Iowa
  578 F.2d 218· 8th Cir.· 1978-06-30 ·cited 4×
  The court affirmed the district court's denial of the habeas corpus petition, finding no merit in the appellant's claims and no error in the district court's procedural rulings.
• Piercy v. Parratt
  579 F.2d 470· 8th Cir.· 1978-06-28 ·cited 4×
  The court held that the federal district court should retain jurisdiction but stay its hand pending the outcome of the appellant's current state court action, with a provision for the federal court to proceed if the state courts do not rule within ninety days.
• United States ex rel. Tyrone Hall v. Dir., Dep't OF Corr. OF the State OF Ill.
  578 F.2d 194· 7th Cir.· 1978-06-26 ·cited 4×
  The court held that the district court did not err in denying the habeas corpus petition, as the confession was voluntary under the totality of the circumstances.
• Butts v. Louie L. Wainwright
  575 F.2d 576· 5th Cir.· 1978-06-23 ·cited 4×
  The court held that the petitioner did not receive ineffective assistance of counsel and that the admission of hospital records did not violate his Sixth Amendment rights.
• Rhenna Navajo Edwards v. The State OF Okla.
  577 F.2d 1119· 10th Cir.· 1978-06-13 ·cited 4×
  The federal district court erred in dismissing the habeas petition without an evidentiary hearing, as the state court's hearing on the motion to suppress was not full and fair.
• Jewell Jess Stone v. Cardwell
  575 F.2d 724· 9th Cir.· 1978-05-22 ·cited 4×
  The court held that due process requires withdrawal of a guilty plea if it was not knowingly entered or if the state breached the plea bargain, and that the district court must consider these issues, potentially with an evidentiary hearing.
• Fuller v. Luther
  575 F.2d 1098· 4th Cir.· 1978-05-15 ·cited 4×
• Wolfrath v. LaVALLEE
  576 F.2d 965· 2d Cir.· 1978-05-09 ·cited 4×
  The court held that the petitioner failed to meet his burden of proving his confession was involuntary, as the totality of the circumstances, including the absence of coercive police tactics and the petitioner's apparent alertness, outweighed expert conjecture about drug effects.
• Chilembwe v. Wyrick
  574 F.2d 985· 8th Cir.· 1978-05-08 ·cited 4×
  The court held that a preliminary revocation hearing is not required when a probationer's violation, such as leaving the state without permission, provides sufficient probable cause.
• Hanks v. Louie L. Wainwright
  360 So. 2d 783· Fla. 1st DCA· 1978-04-21 ·cited 4×
  Inmate's habeas corpus petition challenging forfeiture of gain-time without notice or hearing following escape conviction is denied because Florida Supreme Court previously upheld the constitutionality of the statute permitting such forfeiture based on judicial determination of g
• Smith v. Estelle
  569 F.2d 944· 5th Cir.· 1978-03-20 ·cited 4×
  The admission of a co-defendant's confession, which implicated the petitioner, without opportunity for cross-examination and under confusing jury instructions, violated the petitioner's Sixth Amendment right to confrontation. This error was not harmless beyond a reasonable doubt.
• Kendall Brown v. Wilmot
  572 F.2d 404· 2d Cir.· 1978-03-15 ·cited 4×
  The court held that the federal district court properly denied a petition for a writ of habeas corpus because the petitioner had not exhausted his state remedies.
• Freeman v. Mabry
  570 F.2d 813· 8th Cir.· 1978-02-17 ·cited 4×
  The court held that the denial of a continuance to a newly retained attorney, despite limited preparation time, did not violate the appellants' Sixth and Fourteenth Amendment right to effective assistance of counsel.
• Paprskar v. Estelle
  566 F.2d 1277· 5th Cir.· 1978-02-06 ·cited 4×
  The court held that the petitioner was not penalized for appealing his conviction and, even if he were, his petition for good time credit was time-barred by a prior ruling.
• Beckler v. Superior Court
  568 F.2d 661· 9th Cir.· 1978-01-26 ·cited 4×
  The court held that a subpoena for documents held by an attorney does not violate the client's Fifth Amendment privilege against self-incrimination, and the attorney-client privilege is a matter of state law, not federal constitutional law in this context.
• Olsen v. Louie L. Wainwright
  565 F.2d 906· 5th Cir.· 1978-01-06 ·cited 4×
  The court affirmed the district court's dismissal of the habeas corpus petition, finding no constitutional violations in the trial court's rulings.
• Carroll Lee Wyatt v. United States Parole Comm'n
  571 F.2d 1089· 9th Cir.· 1977-11-30 ·cited 4×
  The court held that the consolidation of habeas corpus petitions was proper and that the claim regarding improper detainer review under a statute not yet in effect was misplaced, but remanded for further fact development on the detainer review under prior law.
• United States ex rel. Raymond Cooper v. Warden, Ill. State Penitentiary, Pontiac Branch
  566 F.2d 28· 7th Cir.· 1977-11-29 ·cited 4×
  The court held that the district court properly denied the petition for a writ of habeas corpus, affirming the judgment for the respondent.
• Lovelace v. Louie L. Wainwright
  352 So. 2d 907· Fla. 1st DCA· 1977-11-23 ·cited 4×
  Defendant Lovelace challenged his conviction based on a bare allegation that his guilty plea was entered involuntarily and unknowingly, five and a half years after sentencing. The appellate court affirmed, holding that a defendant seeking to challenge plea voluntariness on direct
• Lyle v. Wyrick
  565 F.2d 529· 8th Cir.· 1977-11-16 ·cited 4×
  The court held that the district court did not err in applying the presumption of correctness to the state court's finding that the confession was voluntary, and that petitioner failed to present convincing evidence to overcome this presumption.
• Flowers v. State OF Ohio
  564 F.2d 748· 6th Cir.· 1977-11-08 ·cited 4×
  The court held that the trial court's refusal to allow cross-examination regarding suggestive out-of-court identifications violated the defendant's Sixth Amendment right to confrontation.
• Payne v. Reubin O'D. Askew
  350 So. 2d 831· Fla. 1st DCA· 1977-10-17 ·cited 4×
  A Florida appellate court denied a habeas corpus petition challenging extradition to Louisiana because the trial court failed to follow the statutory procedure for extradition hearings under Florida Statutes Section 941.10(1). The court held that the trial court must allow the de
• Borschowa v. Claytor
  568 F.2d 616· 9th Cir.· 1977-10-13 ·cited 4×
  The court held that habeas corpus relief is not appropriate for a breach of an enlistment agreement consisting solely of non-payment of money, and that the governing statutes and regulations, not contract principles, determine service members' rights.
• Forbes v. Estelle
  559 F.2d 967· 5th Cir.· 1977-09-21 ·cited 4×
  The court held that the appellant's claims concerned state procedural matters that did not amount to a denial of fundamental fairness, and thus were not grounds for federal habeas corpus relief.
• Winston v. Mustain
  562 F.2d 565· 8th Cir.· 1977-09-19 ·cited 4×
  The court held that the district court in Minnesota lacked jurisdiction to consider the habeas corpus petition because the petitioner had not first filed a motion in the sentencing court under 28 U.S.C. § 2255.
• Pulver v. Cunningham
  562 F.2d 198· 2d Cir.· 1977-09-16 ·cited 4×
  Federal habeas corpus relief is barred when a state has provided an opportunity for full and fair litigation of a Fourth Amendment claim, even if the claim was not fully developed at trial.
• Twyman v. State OF Okla. & Richard A. Crisp
  560 F.2d 422· 10th Cir.· 1977-08-17 ·cited 4×
  The court held that the prosecutor's cross-examination regarding prior uncounselled misdemeanor convictions and the defendant's delayed disclosure of information about the murder weapon did not constitute reversible constitutional error.
• United States ex rel. Arthur Dorey v. State OF NEW Jersey & Ann Klein
  560 F.2d 584· 3d Cir.· 1977-08-08 ·cited 4×
  The court held that the failure to instruct the jury on the elements of breaking and entering and larceny was not reversible constitutional error when the defense conceded these facts at trial.
• Sanchez v. Riggsby
  556 F.2d 1310· 5th Cir.· 1977-08-05 ·cited 4×
  A federal parolee imprisoned for a crime committed while on parole is not entitled to a prompt parole revocation hearing, even if the intervening sentence is ordered to run concurrently with the original sentence.
• Dillard v. LaVALLEE
  559 F.2d 873· 2d Cir.· 1977-07-26 ·cited 4×
  New York Penal Law § 70.06, as applied to the appellant, does not violate the equal protection clause of the fourteenth amendment because there is a rational basis for the statutory distinctions made.
• Woodcock v. McCAULEY
  563 F.2d 806· 7th Cir.· 1977-07-18 ·cited 4×
  The court held that the district court erred in denying the habeas corpus petition without an evidentiary hearing to determine if the waiver of a jury trial was coerced.
• Lundy v. Osborn
  555 F.2d 534· 5th Cir.· 1977-07-11 ·cited 4×
  The court held that the dismissal of the habeas corpus petition for failure to exhaust administrative remedies was proper.
• Huffman v. State
  350 So. 2d 5· Fla.· 1977-06-10 ·cited 4×
• Starkey v. Wyrick
  555 F.2d 1352· 8th Cir.· 1977-05-23 ·cited 4×
  The court held that the appellant's initial interaction with police was not a custodial interrogation and that there was an independent basis for the in-court identification, thus affirming the denial of the habeas corpus petition.
• Raines v. State OF Ala.
  552 F.2d 660· 5th Cir.· 1977-05-20 ·cited 4×
  The court held that the Alabama Youthful Offender Act's requirement of waiving a jury trial to receive its benefits does not violate constitutional rights, as there is no constitutional right to a jury trial in such proceedings.
• Hendrix v. The United States
  555 F.2d 785· Ct. Cl.· 1977-05-18 ·cited 4×
  The court held that the plaintiff's court-martial conviction was constitutional and that the military justice system is not inherently unfair, thus denying his petition for release.
• Price v. Pitchess
  556 F.2d 926· 9th Cir.· 1977-05-16 ·cited 4×
  Federal courts in the asylum state cannot consider constitutional claims like double jeopardy or speedy trial in extradition habeas corpus proceedings; these must be raised in the demanding state.
• Blankenship v. Parratt
  554 F.2d 850· 8th Cir.· 1977-05-02 ·cited 4×
  The court held that resentencing a defendant to a harsher penalty after the original sentence was found invalid does not violate the Double Jeopardy Clause, absent evidence of judicial vindictiveness.
• Ross v. Wyrick
  553 F.2d 51· 8th Cir.· 1977-04-21 ·cited 4×
  The court held that the record was incomplete regarding jury selection and remanded for further proceedings to allow supplementation.
• Saunders v. Eyman
  600 F.2d 728· 9th Cir.· 1977-04-18 ·cited 4×
  The court held that the petitioner failed to meet his burden of proving ineffective assistance of counsel, as his counsel's advice to plead guilty was within the range of competence demanded of attorneys in criminal cases.
• Dupuie v. Egeler
  552 F.2d 704· 6th Cir.· 1977-04-04 ·cited 4×
  The court held that the admission of identification testimony, even if somewhat contradictory, did not violate federal due process when corroborated by other evidence and when the jury was allowed to weigh its credibility.
• Simmons v. Clemente
  552 F.2d 65· 2d Cir.· 1977-03-24 ·cited 4×
  The court affirmed the dismissal of the habeas corpus petition, finding that the state had provided a full and fair opportunity to litigate the Fourth Amendment claim, and that the Fifth Amendment claim was barred by Michigan v. Tucker.
• Paul v. Pleasants
  551 F.2d 575· 4th Cir.· 1977-03-02 ·cited 4×
  The court held that the attorney's conduct during voir dire constituted contempt of court and that due process was satisfied by the notice and opportunities to be heard provided.
• Watkins v. Green
  548 F.2d 1143· 5th Cir.· 1977-03-02 ·cited 4×
  A challenge to the racial composition of a jury must be raised in a timely manner according to state law, and a federal court will recognize such waiver. However, if a motion is filed before the jury is impaneled, the defendants are entitled to have it heard.
• Kahn v. Flood
  550 F.2d 784· 2d Cir.· 1977-02-22 ·cited 4×
  Federal habeas corpus relief is barred for state prisoners challenging Fourth Amendment claims if the state provided an opportunity for full and fair litigation.
• Webb v. Havener
  549 F.2d 1081· 6th Cir.· 1977-02-18 ·cited 4×
  The court held that the one-on-one identification of the appellant was totally suggestive and lacked an independent basis.
• Johnson v. Prast
  548 F.2d 699· 7th Cir.· 1977-01-26 ·cited 4×
  The Equal Protection Clause requires sentencing judges to consider presentence custody due to indigency, and there is no presumption that such consideration was given; the burden is on the state to prove it.
• COX v. Benson
  548 F.2d 186· 7th Cir.· 1977-01-12 ·cited 4×
  The court reversed the district court's dismissal of appellant Cox's habeas petition and remanded for further proceedings due to questions regarding the circumstances of shots fired during the armed robbery.