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

• Youngblood v. Maggio
  696 F.2d 407· 5th Cir.· 1983-02-04 ·cited 4×
  The court held that the petitioner received reasonably effective assistance of counsel, and thus the district court did not err in dismissing his habeas corpus petition.
• Kear v. Hilton
  699 F.2d 181· 4th Cir.· 1983-01-31 ·cited 4×
  The court held that the extradition of the bail jumper to Canada was proper, as the abduction across international borders constituted kidnapping under both U.S. and Canadian law, and the bail jumper's prior consent did not bind the Canadian government.
• Bronson Howard Knight v. Johnson
  699 F.2d 162· 4th Cir.· 1983-01-20 ·cited 4×
  The court held that the state trial court's procedure of accepting guilty pleas under protest and then proceeding to hear evidence to determine guilt did not violate due process or the right to effective assistance of counsel.
• Grimsley v. Dodson
  696 F.2d 303· 4th Cir.· 1982-12-15 ·cited 4×
  The Fourth Amendment exclusionary rule does not apply to state probation revocation hearings when the state has provided an opportunity for full and fair litigation of the Fourth Amendment claim.
• Robinson v. Callahan
  694 F.2d 6· 1st Cir.· 1982-12-03 ·cited 4×
  The court affirmed the denial of the habeas corpus petition, holding that the state trial court's jury instructions on reasonable doubt and burden of proof, including the burden of proving absence of duress, were not unconstitutional.
• Smith v. Wyrick
  693 F.2d 808· 8th Cir.· 1982-12-01 ·cited 4×
  The court held that a federal court must grant an evidentiary hearing on a habeas petition if relevant facts are in dispute and a fair hearing was not granted in state court, but affirmed the denial because the petitioner's claim could be resolved on the record.
• Andiarena v. Keohane
  691 F.2d 993· 11th Cir.· 1982-11-15 ·cited 4×·via Writ Of Habeas Corpus
  The court held that successive prosecutions for firearms and drug offenses did not violate the Fifth Amendment's prohibition against double jeopardy or due process rights.
• Vance v. Bordenkircher
  692 F.2d 978· 4th Cir.· 1982-11-12 ·cited 4×
  The dissenting judge argues that the totality of circumstances, including the defendant's youth, low intelligence, and prolonged interrogation without counsel, renders his confession involuntary and a violation of due process.
• Epps v. Louie L. Wainwright
  420 So. 2d 659· Fla. 4th DCA· 1982-10-20 ·cited 4×
  The court granted the petition for a writ of habeas corpus, allowing the petitioner to proceed with a delayed appeal.
• Futch v. State
  420 So. 2d 905· Fla. 3d DCA· 1982-10-19 ·cited 4×
  Futch petitioned for habeas corpus claiming his appellate counsel was ineffective for failing to raise certain trial errors on appeal. The court denied the petition, holding that the trial court lacked authority to consider such claims and that the alleged errors were either unsu
• Phillips v. Rose
  690 F.2d 79· 6th Cir.· 1982-10-06 ·cited 4×
  The court held that jury instructions creating a presumption of malice that shifted the burden of persuasion to the defendant violated due process and were not harmless error.
• Subilosky v. Callahan
  689 F.2d 7· 1st Cir.· 1982-09-24 ·cited 4×
  The court affirmed the denial of the petition for a writ of habeas corpus, finding no constitutional error in the state court's denial of a new trial.
• Remer J. Dasher v. Stripling
  685 F.2d 385· 11th Cir.· 1982-09-07 ·cited 4×
  The court held that a defendant's physical inability to attend trial, without waiver, requires reversal of a conviction obtained in absentia.
• Avera v. State
  417 So. 2d 804· Fla. 5th DCA· 1982-08-04 ·cited 4×
  Avera petitioned for a writ of habeas corpus seeking delayed appellate review after his assistant public defender failed to timely file a notice of appeal. The court granted the petition, holding that ineffective assistance of counsel excuses strict compliance with the 30-day app
• Carpenter v. Leibson
  683 F.2d 169· 6th Cir.· 1982-07-23 ·cited 4×
  The court held that due process prohibits the retroactive application of a new procedural rule (Kimbrough) that bars substantive review of convictions when petitioners complied with prior procedural requirements.
• Wilson v. Fenton
  684 F.2d 249· 3d Cir.· 1982-07-22 ·cited 4×
  The court held that the district court did not abuse its discretion in denying Wilson's motion to open the habeas corpus judgment because the Supreme Court's decision in Cuyler v. Adams was inapplicable to his factual situation.
• Nichols J. Romano v. Wyrick
  681 F.2d 555· 8th Cir.· 1982-07-07 ·cited 4×
  The court affirmed the dismissal of the habeas petition regarding the reckless driving conviction, finding no jurisdiction, and dismissed the probation revocation claim for failure to exhaust state remedies.
• Thomas v. Warden, Md. State Penitentiary
  683 F.2d 83· 4th Cir.· 1982-07-02 ·cited 4×·via Habeas Corpus Petition
  The court held that Maryland law permits multiple prosecutions and punishments for armed robbery of multiple custodians of property, even during a single episode, and that sufficient evidence supported the convictions.
• Ramirez v. Jones
  683 F.2d 712· 2d Cir.· 1982-06-30 ·cited 4×
  A petitioner's failure to object at trial does not preclude federal habeas review if the state appellate court considered the merits, but the failure to object remains a factor in the federal court's analysis.
• Tinlin v. Warden Robert F. Parratt
  680 F.2d 48· 8th Cir.· 1982-06-11 ·cited 4×
  The court held that the district court correctly granted the petition for writ of habeas corpus, finding that the petitioner received ineffective assistance of counsel.
• Powers v. White
  680 F.2d 51· 8th Cir.· 1982-06-11 ·cited 4×
  The court held that the appellant failed to establish a constitutional violation of his speedy trial rights, affirming the denial of his habeas corpus petition.
• Donnie McDONALD v. Lucas
  677 F.2d 518· 5th Cir.· 1982-06-04 ·cited 4×
  The court held that the petitioner's course of conduct, including limited answers to questions after refusing to sign a Miranda waiver, did not constitute an implied waiver of his Miranda rights.
• Gov't of the Virgin Islands v. Dayton Wallace
  679 F.2d 1066· 3d Cir.· 1982-06-01 ·cited 4×
  The court held that the district court's order, requiring periodic reports and continued counsel representation, provided sufficient due process safeguards, even if the underlying statute was constitutionally deficient.
• Walker v. Lockhart
  678 F.2d 68· 8th Cir.· 1982-05-19 ·cited 4×
  The court granted the inmate's petition for an injunction pending appeal, requiring prison officials to maintain his current conditions of confinement.
• Amidon v. Lehman
  677 F.2d 17· 4th Cir.· 1982-04-28 ·cited 4×
  The Navy lacks independent authority to involuntarily extend enlistments based on apprehension or charges by civil authorities, rendering the BUPERSMAN provision invalid as it conflicts with Navy Regulations.
• United States v. Wyrick
  675 F.2d 161· 8th Cir.· 1982-04-02 ·cited 4×·via Habeas Corpus Relief
  The court held that the appellant failed to establish a prima facie violation of the Constitution's fair cross-section requirement due to the exclusion of women from jury venires.
• Langone v. Smith
  682 F.2d 287· 2d Cir.· 1982-03-19 ·cited 4×·via Habeas Corpus Review
  The court, in a dissenting opinion, argues that the denial of rehearing en banc was improper because the case presents significant issues regarding the standard for ineffective assistance of counsel and the review of jury instructions under Sandstrom v. Montana.
• Lebowitz v. Louie L. Wainwright
  670 F.2d 974· 11th Cir.· 1982-03-15 ·cited 4×
• 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.
• United States v. Moore
  656 F.2d 378· 8th Cir.· 1981-08-25 ·cited 4×·via Habeas Corpus Relief
  The appellate court affirmed the denial of the habeas corpus petition and recusal motion, finding no merit in the appellant's arguments.
• 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×