Habeas Corpus

18,787 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Gonzalez v. W.A. Perrill
  919 F.2d 1· 2d Cir.· 1990-11-08 ·cited 3×
  The court held that a petitioner must exhaust administrative remedies before seeking habeas corpus relief, even if claiming entitlement to immediate release.
• Bernt Meyer v. State
  570 So. 2d 1001· Fla. 2d DCA· 1990-09-12 ·cited 3×
  Meyer, a former attorney convicted of tampering with a witness and conspiracy to tamper with a witness in 1987, challenged his convictions via habeas corpus and a rule 3.850 motion for postconviction relief, arguing the statute under which he was convicted had been held unconstit
• Miller v. Hambrick
  905 F.2d 259· 9th Cir.· 1990-05-25 ·cited 3×
  A prisoner temporarily transferred to another district to testify remains in the custody of the warden of his original place of incarceration for habeas corpus purposes, and a court lacking jurisdiction should transfer the case rather than dismiss it.
• Johnson v. Luella Burke
  903 F.2d 1056· 6th Cir.· 1990-05-22 ·cited 3×
  The court held that the trial court's jury instructions containing a Sandstrom error were harmless, and that Johnson's claims of ineffective assistance of counsel and prosecutorial misconduct were without merit.
• Cheng Na-Yuet v. Hueston
  734 F. Supp. 988· S.D. Fla.· 1990-03-28 ·cited 3×
  The court held that the magistrate had jurisdiction to certify extradition and that the government of Hong Kong had shown sufficient probable cause, denying the petition for a writ of habeas corpus.
• Hughes v. R.G. Borg
  898 F.2d 695· 9th Cir.· 1990-03-05 ·cited 3×
  The court held that while extraneous documents were improperly sent to the jury, the error was harmless beyond a reasonable doubt due to the overwhelming evidence of guilt and the duplicative nature of some of the extraneous material.
• Norton v. Parke
  892 F.2d 476· 6th Cir.· 1989-12-22 ·cited 3×
  A prisoner must formally invoke the Interstate Agreement on Detainers (IAD) to exhaust state remedies before seeking federal habeas corpus relief.
• Cooney v. Fulcomer
  886 F.2d 41· 3d Cir.· 1989-09-19 ·cited 3×
  While the Commonwealth violated Article V(d) of the Interstate Agreement on Detainers by trying the appellant on charges unrelated to the detainer, this violation was not fundamental enough to warrant habeas relief.
• Dyas v. A.L. Lockhart
  878 F.2d 1105· 8th Cir.· 1989-07-07 ·cited 3×
  The court affirmed the denial of habeas corpus relief, finding no clear error in the district court's factual findings regarding trial judge bias.
• Tillett v. Robert M. Freeman & the Attorney Gen. of the State of Pa.
  868 F.2d 106· 3d Cir.· 1989-02-23 ·cited 3×
  The district court erred in dismissing a habeas corpus petition based on unexhausted state law claims, as such claims are not cognizable in federal habeas corpus.
• Davis v. Dugger
  703 F. Supp. 916· M.D. Fla.· 1988-12-23 ·cited 3×
  The court held that a claim not fairly presented to state courts, even if the state waives the exhaustion defense, may be dismissed if it requires judicial findings of fact and would violate comity and federalism principles.
• Arlester E. Scott v. Jones
  862 F.2d 1311· 8th Cir.· 1988-12-07 ·cited 3×
  The Court of Appeals held that the district court erred in granting habeas corpus relief, as the prior state appellate court decision did not find the evidence legally insufficient to support the initial conviction, thus the double jeopardy clause did not bar a retrial.
• Merki v. Sullivan
  853 F.2d 599· 8th Cir.· 1988-08-04 ·cited 3×
  The court held that the appellant's challenge to his parole date was procedurally barred and that the Parole Commission's consideration of his membership in 'The Order' did not violate the plea agreement.
• Elise Everett v. State
  524 So. 2d 1091· Fla. 1st DCA· 1988-05-04 ·cited 3×
  The court held that the state failed to present sufficient evidence to meet the statutory criteria for involuntary placement under the Baker Act, specifically regarding the appellant's refusal or inability to determine the necessity of voluntary placement.
• Tafero v. Dugger
  681 F. Supp. 1531· S.D. Fla.· 1988-03-05 ·cited 3×
  The court denied the petition for a writ of habeas corpus, finding that while a Lockett error occurred, it was harmless, and the Caldwell claim did not establish a violation of the jury's role.
• Chandru Mirchandani v. United States
  836 F.2d 1223· 9th Cir.· 1988-01-13 ·cited 3×
  The court held that the district court did not exceed the scope of a limited remand by considering additional evidence in an extradition proceeding, and that sufficient evidence supported the extradition order under the applicable standard of review.
• Palmer v. Dugger
  833 F.2d 253· 11th Cir.· 1987-12-01 ·cited 3×
  The dissenting judge argues that a state's duty to provide equal protection does not extend to crediting time served in another state's custody, particularly when the prisoner is opposing extradition.
• Jaffe v. Smith
  825 F.2d 304· 11th Cir.· 1987-08-21 ·cited 3×
  The court held that a fugitive cannot challenge their trial and conviction based on an alleged violation of an extradition treaty unless governmental action was involved in their removal from the asylum state.
• Solsona v. Warden, F.C.I.
  821 F.2d 1129· 5th Cir.· 1987-07-17 ·cited 3×
  A federal prisoner cannot bring a Bivens action to challenge the validity of his conviction; the exclusive remedy is a motion under 28 U.S.C. § 2255. However, the district court lacked jurisdiction to treat the Bivens claims as a § 2255 motion.
• Peoples v. Bowen
  791 F.2d 861· 11th Cir.· 1986-06-17 ·cited 3×
  The court held that appellate counsel's failure to recognize the mandatory nature of the Habitual Felony Offender Act and advise the client of the substantial risk of a significantly increased sentence constituted ineffective assistance of counsel.
• White v. Wainwright
  632 F. Supp. 1140· S.D. Fla.· 1986-03-31 ·cited 3×
  The court held that the imposition of the death penalty was not unconstitutional under Enmund v. Florida, as the Petitioner was present, armed, and fully participated in the robbery and murders.
• Rappsodi R. ALI v. State
  777 F.2d 1489· 11th Cir.· 1985-12-11 ·cited 3×
  A federal habeas corpus petition must be dismissed if the petitioner has failed to exhaust available state remedies, and remand is futile if the state asserts exhaustion as a defense.
• Yakoub Rattib Azzouka v. Sava
  777 F.2d 68· 2d Cir.· 1985-11-12 ·cited 3×
  The court reversed the district court's decision, finding that the District Director improperly relied on a Regional Commissioner's finding under summary exclusion procedures to deny asylum.
• Demjanjuk v. Petrovsky
  776 F.2d 571· 6th Cir.· 1985-10-31 ·cited 3×
  The court held that the district court had jurisdiction to certify extradition and that the evidence was sufficient to support the finding of reasonable grounds to believe the accused guilty.
• Kennedy v. Crawford
  479 So. 2d 758· Fla. 3d DCA· 1985-10-08 ·cited 3×
  Kennedy sought habeas corpus relief, arguing that Florida Rule of Criminal Procedure 3.133(b) entitled him to release on recognizance because the State failed to provide an adversary preliminary hearing within 21 days of his arrest. The court held that Rule 3.133(b) grants the ri
• Damiano v. Gaughan
  770 F.2d 1· 1st Cir.· 1985-08-08 ·cited 3×
  The court held that the guilty pleas were not unconstitutionally coerced and the sentences were not invalidly imposed due to vindictiveness, as the trial judge's participation in plea negotiations and consideration of cooperation were permissible.
• Byrd v. Martin
  754 F.2d 963· 11th Cir.· 1985-03-08 ·cited 3×
  The court held that the district court improperly dismissed the habeas corpus petition without prejudice, as jurisdiction existed in the district of confinement and the issues presented differed from a prior petition.
• Fitzpatrick v. Wainwright
  1985 U.S. Dist. LEXIS 22756· S.D. Fla.· 1985-02-07 ·cited 3×
  The court held that the petitioner was denied his Sixth and Fourteenth Amendment right to counsel because the trial court failed to conduct a proper indigency hearing and ensure a knowing, intelligent, and voluntary waiver of counsel.
• Josef Prushinowski v. Fleury T. Samples
  734 F.2d 1016· 4th Cir.· 1984-05-24 ·cited 3×
  The court held that the defendant's claim of potential starvation due to religious dietary restrictions in British prisons was too insubstantial to prevent extradition, and that the district court correctly found probable cause for extradition.
• Christopher v. State
  582 F. Supp. 633· S.D. Fla.· 1984-03-13 ·cited 3×
  The court denied the petition for a writ of habeas corpus, finding that the petitioner's claims did not rise to constitutional dimensions and that the state court's findings were supported by the record.
• Williams v. Wainwright
  39 C.C.A. 491· S.D. Fla.· 1984-01-12 ·cited 3×
  A habeas petitioner must present the substance of a federal constitutional claim to the state courts, including the factual and legal premises, to satisfy the exhaustion requirement.
• Arango v. Louie L. Wainwright
  716 F.2d 1353· 11th Cir.· 1983-09-23 ·cited 3×
  The court held that the federal habeas corpus proceeding should be held in abeyance pending exhaustion of state court remedies to promote judicial economy.
• Shears v. Israel
  712 F.2d 1220· 7th Cir.· 1983-08-01 ·cited 3×
  The court held that a habeas petition containing both exhausted and unexhausted claims must be dismissed unless the petitioner amends the petition to delete the unexhausted claims.
• McKINON v. Louie L. Wainwright
  705 F.2d 419· 11th Cir.· 1983-05-16 ·cited 3×
  The court held that the petitioner's claims were procedurally barred or lacked merit, and thus affirmed the denial of his habeas corpus petition.
• Pryor v. Rose
  699 F.2d 287· 6th Cir.· 1983-01-26 ·cited 3×
  The court held that the Double Jeopardy Clause is not violated when a defendant is punished for two distinct offenses, as determined by the statutes upon which the defendant was indicted and the Blockburger test, not by jury instructions that may have introduced other statutory p
• United States v. William "Billy" Panasuk
  693 F.2d 1078· 11th Cir.· 1982-12-16 ·cited 3×
  The court held that the petitioner did not establish an actual conflict of interest that adversely affected his counsel's performance, thus denying his claim of ineffective assistance of counsel.
• Sturdivant v. Honorable M.C. Blanchard
  422 So. 2d 1028· Fla. 1st DCA· 1982-11-30 ·cited 3×
  An inmate seeking a writ of mandamus to compel a circuit judge to rule on a habeas corpus petition against the Florida Parole and Probation Commission appeals the denial of his petition. The court denies the mandamus petition, holding that the inmate had an adequate alternate rem
• Quarles v. Lenwood Sager
  687 F.2d 344· 11th Cir.· 1982-09-27 ·cited 3×
  The court held that a Section 1983 claim cannot be used to challenge a state conviction when the petitioner has abandoned a prior habeas corpus action seeking the same relief.
• Orazio Turiano v. Butterworth
  416 So. 2d 1261· Fla. 4th DCA· 1982-07-21 ·cited 3×
  The court held that the trial court did not err in denying the petition for writ of habeas corpus and remanding the appellant for extradition, as the appellant failed to meet his burden to rebut the presumption of validity of the extradition documents.
• Cohen v. Katsaris
  530 F. Supp. 1092· N.D. Fla.· 1982-01-07 ·cited 3×
  The court held that applying a judicial construction of the trespass statute that unforeseeably broadened its scope to criminalize conduct that occurred prior to the construction violates the Due Process Clause of the Fourteenth Amendment.
• Douglas v. Wainwright
  521 F. Supp. 790· M.D. Fla.· 1981-08-25 ·cited 3×
  The court held that the trial judge did not err in excluding venirepersons with conscientious scruples against the death penalty, as their responses indicated they could not render a truthful verdict in a capital case. The court also found that the limitation on public trial atte
• Cappar v. Cappar
  402 So. 2d 1284· Fla. 4th DCA· 1981-08-12 ·cited 3×
  Florida appellate court affirmed trial court's grant of habeas corpus relief to father, holding that an Alabama court had jurisdiction to enter a temporary child custody order.
• Montague v. Vinzant
  643 F.2d 657· 9th Cir.· 1981-04-23 ·cited 3×
  The court held that the distinction between pending and decided cases for applying a new drug classification law was rationally based and did not violate equal protection. It also held that the prosecutor lacked discretion to charge the defendant under a different statute.
• McElvy v. Civiletti
  523 F. Supp. 42· S.D. Fla.· 1981-03-10 ·cited 3×
  The court held that the petitioners' waiver of the two-month custody limit under 18 U.S.C. § 3188 remained in effect until their petition was properly served, and that their conviction for drug possession was substantially analogous to a felony under U.S. law, thus meeting the tr
• Kelley v. State OF Ala.
  636 F.2d 1082· 5th Cir.· 1981-02-13 ·cited 3×
  The court held that the Jackson v. Virginia standard does not apply to cases where a defendant pleads guilty, and that the appellant received effective assistance of counsel.
• Duke v. White
  616 F.2d 955· 6th Cir.· 1980-03-05 ·cited 3×
• Mays v. Estelle
  610 F.2d 296· 5th Cir.· 1980-01-23 ·cited 3×
  The court held that the petitioner's trial counsel was not ineffective for failing to object to the petitioner being shackled during trial, as the decision to shackle was a reasonable exercise of the trial court's discretion based on evidence of the petitioner's violent propensit
• In re the Application of Ferris Gray v. Rowley
  604 F.2d 382· 5th Cir.· 1979-10-11 ·cited 3×
  The court held that the refusal to allow an independent examination of the clothing evidence did not deprive the defendant of due process because the evidence was not critical to his defense.
• Whiteside v. State
  366 So. 2d 1232· Fla. 2d DCA· 1979-01-31 ·cited 3×
  Appellant Whiteside appealed his robbery with firearm conviction, challenging whether the prosecutor's questions about statements he did not make constituted impermissible comment on his right to remain silent under Miranda. The court held that eliciting all voluntary statements
• Reuben Tackno v. Blackburn
  571 F.2d 1383· 5th Cir.· 1978-04-28 ·cited 3×
  Federal courts need not consider Fourth Amendment claims on habeas corpus if the state provided an opportunity for full and fair litigation of the claim.