Habeas Corpus

18,787 Florida cases classified under this topic, plus 3,112 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Peak v. Petrovsky
  734 F.2d 402· 8th Cir.· 1984-05-25 ·cited 4×
  The court held that the Parole Commission acted within its discretion by considering conduct underlying dismissed counts for offense severity classification, and that the Government did not breach the plea agreement.
• Peeler v. Wyrick
  734 F.2d 378· 8th Cir.· 1984-05-15 ·cited 4×
  The court held that even if witness intimidation occurred, its impact was harmless error given the overwhelming evidence of guilt, thus affirming the denial of the habeas corpus petition.
• Orison F. McDONALD, II v. Burrows
  731 F.2d 294· 5th Cir.· 1984-05-07 ·cited 4×
  The court held that extradition proceedings are not criminal in nature and thus do not implicate the Sixth Amendment right to a speedy trial, nor can delays in extradition be reviewed in a federal habeas corpus proceeding.
• Fuentes v. Moran
  733 F.2d 176· 1st Cir.· 1984-05-04 ·cited 4×
  The court held that the police conduct did not violate Fuentes's Fifth or Sixth Amendment rights, and thus affirmed the denial of his habeas corpus petition.
• United States ex rel. Gary Paul Karr v. Wolff
  732 F.2d 615· 7th Cir.· 1984-04-26 ·cited 4×·via Federal Habeas Corpus
  The court held that the district court erred in applying the Supreme Court's decision in Edwards v. Arizona retroactively to conduct that occurred before Edwards was decided. The case is remanded for reconsideration under the appropriate pre-Edwards legal standard.
• Harts v. State OF Ind.
  732 F.2d 95· 7th Cir.· 1984-04-20 ·cited 4×
  A one-year suspension of driving privileges does not constitute 'custody' for the purposes of federal habeas corpus relief under 28 U.S.C. § 2254.
• Lacy v. Gabriel
  732 F.2d 7· 1st Cir.· 1984-04-11 ·cited 4×
  The court held that a Sixth Amendment confrontation clause claim, raised sua sponte by the district court and not exhausted in state courts, renders a habeas petition "mixed" and requires dismissal of that claim, but the petition is not considered mixed if the petitioner only rai
• J.B. v. Lumpee
  450 So. 2d 1286· Fla. 2d DCA· 1984-03-22 ·cited 4×
• United States v. Winter
  730 F.2d 825· 1st Cir.· 1984-03-20 ·cited 4×
  The court held that the appellant was not entitled to credit on his federal sentence for time spent in state custody, as the state confinement was not exclusively the product of federal action and the constitutional claim was not properly raised.
• Chamberlain v. Celeste
  729 F.2d 1071· 6th Cir.· 1984-03-19 ·cited 4×
  The petitioner is not a fugitive and therefore not extraditable because he satisfied the judgment against him through service of his sentence in Ohio as agreed by Arizona.
• Isidoro Cruz-Sanchez v. Cordero
  728 F.2d 1531· 1st Cir.· 1984-03-09 ·cited 4×
  The court held that the petitioner had not exhausted his state remedies regarding his claim for a new trial based on new evidence, and thus his federal habeas petition was properly dismissed.
• Denton v. Ricketts
  728 F.2d 489· 10th Cir.· 1984-03-02 ·cited 4×
  The federal district court and its magistrate failed to comply with the requirements of 28 U.S.C. § 2254(d) by relying on an informal investigatory hearing rather than a formal, adversarial evidentiary hearing.
• United States ex rel. Theodore Bacon v. DeROBERTIS
  728 F.2d 874· 7th Cir.· 1984-02-17 ·cited 4×
  The court affirmed the grant of summary judgment, holding that any prosecutorial misconduct before the grand jury was remedied by a fair trial, and the failure to give a lesser included offense instruction did not constitute a fundamental miscarriage of justice.
• Austin v. McKASKLE
  724 F.2d 1153· 5th Cir.· 1984-02-13 ·cited 4×·via Federal Habeas Corpus
  The court held that a federal habeas petitioner is entitled to an evidentiary hearing if they did not receive a full and fair evidentiary hearing in state court, especially when facts regarding a potential Brady violation are in dispute.
• Egerstaffer v. Israel
  726 F.2d 1231· 7th Cir.· 1984-02-09 ·cited 4×
  The use of hearsay evidence at a probation revocation hearing is not per se unconstitutional if it bears substantial indicia of trustworthiness, and participation in a violent incident like pointing a gun is a sufficient ground for revocation.
• Houston v. Bryan
  725 F.2d 516· 9th Cir.· 1984-02-08 ·cited 4×·via Writ Of Habeas Corpus
  Noncompliance with local rules regarding oral argument on summary judgment motions is not reversible error absent a showing of prejudice. The state defendants' failure to prevent a witness's detention or secure release was not the proximate cause of the detention under Nevada law
• Johnson v. Scully
  727 F.2d 222· 2d Cir.· 1984-01-27 ·cited 4×
  The conduct of the state trial judge, though disquieting and extensive, did not transgress constitutional standards for a fair trial under the Due Process Clause.
• Watkins v. Callahan
  724 F.2d 1038· 1st Cir.· 1984-01-13 ·cited 4×
  The court held that the post-telephone call statements were admissible, the Massachusetts felony murder theory was constitutional, and the denial of a continuance did not violate the Sixth Amendment.
• 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.
• Fowler v. State
  443 So. 2d 125· Fla. 5th DCA· 1983-11-25 ·cited 4×·via Habeas Corpus Petition
  A defendant must be advised prior to pleading guilty or nolo contendere that the court can retain jurisdiction over part of the sentence.
• Howard v. Wyrick
  720 F.2d 993· 8th Cir.· 1983-11-16 ·cited 4×·via Federal Habeas Corpus
  The court held that the appellant failed to demonstrate cause for his procedural default because his 1979 counsel's investigation into his claimed innocence met the constitutional standard for effective assistance.
• 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.
• Futrell v. Wyrick
  716 F.2d 1207· 8th Cir.· 1983-09-15 ·cited 4×·via Habeas Corpus Relief
  The court held that the admission of mugshots, even if potentially prejudicial, did not rise to the level of a due process violation requiring habeas corpus relief.
• 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.
• Asper v. W.J. Estelle, Jr.
  709 F.2d 356· 5th Cir.· 1983-07-11 ·cited 4×·via Federal Habeas Corpus
  The court held that the state trial judge's refusal to credit the petitioner's testimony regarding his indigency was not constitutional error, and thus federal habeas relief was properly denied.
• 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.
• 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.
• 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.
• 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.
• United States v. Lopez
  704 F.2d 1382· 5th Cir.· 1983-05-19 ·cited 4×·via Habeas Corpus Petition
  The court held that the fraudulent procurement of a state birth certificate for an alien constitutes a violation of 18 U.S.C. § 1425, as a birth certificate qualifies as 'other evidence of citizenship'.
• 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.
• Harrisson v. Fla. Parole & Prob. Comm'n
  428 So. 2d 388· Fla. 4th DCA· 1983-03-23 ·cited 4×·via Writ Of Habeas Corpus
• 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.