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

• Rennie Johnson v. Fogg
  653 F.2d 750· 2d Cir.· 1981-07-14 ·cited 4×
  The dissenting judge believes the case should be remanded for an evidentiary hearing to determine if the guilty plea was based on a mistaken belief about the maximum sentence.
• United States v. Cuyler
  653 F.2d 828· 3d Cir.· 1981-07-09 ·cited 4×
  The court held that the petitioner's constitutional rights to a speedy trial and confrontation were not violated, affirming the denial of his habeas corpus petition.
• Fierro v. Ellis MacDOUGALL
  648 F.2d 1259· 9th Cir.· 1981-06-26 ·cited 4×
  The court held that the imposition of consecutive sentences by a state court, even without explicit statutory authorization, does not violate due process or the separation of powers doctrine.
• Milano v. Garrison
  677 F.2d 374· 4th Cir.· 1981-06-23 ·cited 4×
  The exclusion of favorable Psychological Stress Evaluator (PSE) results, while admitting unfavorable polygraph results, did not deny a fair trial because the parties stipulated to the polygraph but not the PSE.
• United States v. Cabrera-Quintero
  650 F.2d 942· 8th Cir.· 1981-06-12 ·cited 4×
  The court held that the validity of the original deportation order is not a matter that can be raised under 28 U.S.C. § 2255.
• Pfaff v. Wells
  648 F.2d 689· 10th Cir.· 1981-05-06 ·cited 4×
  The pendency of a federal habeas corpus proceeding in the demanding state does not justify granting relief in a federal habeas proceeding in the asylum state to bar extradition.
• Jones v. Foltz
  646 F.2d 1172· 6th Cir.· 1981-04-29 ·cited 4×
  A habeas petitioner has exhausted state remedies even if a more complete review is theoretically possible after the state's highest court has already considered the issue.
• Glimmert Beckham v. State
  397 So. 2d 449· Fla. 3d DCA· 1981-04-28 ·cited 4×
  Beckham sought discharge under Florida's speedy trial rule after a federal habeas corpus court ordered either reinstatement of his original guilty plea or a new trial. The appellate court affirmed the trial court's denial of discharge, holding that habeas corpus proceedings remov
• Pope v. The United States Parole Comm'n
  647 F.2d 125· 10th Cir.· 1981-04-27 ·cited 4×·via Habeas Corpus Jurisdiction
  The court held that the Parole Commission's designation of a case as 'original jurisdiction' does not violate a prisoner's due process rights, even if a liberty interest in parole exists.
• Arnold v. Wyrick
  646 F.2d 1225· 8th Cir.· 1981-04-10 ·cited 4×·via Habeas Corpus Relief
  The court held that the district court correctly denied the petition for a writ of habeas corpus, affirming the denial of relief.
• O'Malley v. State
  396 So. 2d 1128· Fla.· 1981-04-02 ·cited 4×
  The Florida Supreme Court held that a sentencing imposed before a mentally disordered sex offender completed court-ordered psychiatric treatment violates statutory procedure under chapter 917, Florida Statutes. The Court vacated the sentences and remanded for resentencing after t
• Rooks E. Crawford v. Fenton
  646 F.2d 810· 3d Cir.· 1981-03-27 ·cited 4×
  The dissenting judge would affirm the district court's grant of habeas corpus, finding that the trial judge's declaration of a mistrial violated the petitioner's double jeopardy rights by failing to consider alternatives.
• Reardon v. Manson
  644 F.2d 122· 2d Cir.· 1981-03-18 ·cited 4×
  The court held that the district court failed to properly apply the presumption of correctness required by 28 U.S.C. § 2254(d) when overturning state court convictions based on the same record. The case is remanded for reconsideration.
• Lambdin v. Superintendent, Cal. Corr. Inst., Tehachapi, Cal.
  640 F.2d 245· 9th Cir.· 1981-02-20 ·cited 4×
  The court held that a prisoner's due process rights were not violated by the Community Release Board's determination of a release date under California's determinate sentencing law, even when classified as a serious offender.
• Sanders v. Wyrick
  640 F.2d 186· 8th Cir.· 1981-02-18 ·cited 4×
  The court held that the single photograph identification procedure was not so unnecessarily suggestive and conducive to irreparable mistaken identification as to violate due process.
• Fletcher v. Warden, United States Penitentiary, Leavenworth, Kansas
  641 F.2d 850· 10th Cir.· 1981-02-13 ·cited 4×
  The court held that one appeal was moot due to the prisoner's return to state custody, another was barred by failure to exhaust state remedies, and the third was affirmed based on prior precedent interpreting 18 U.S.C. § 5003(a).
• McPHERSON v. Barksdale
  640 F.2d 780· 6th Cir.· 1981-02-11 ·cited 4×·via Habeas Corpus Relief
  Even if a state prosecutor breaches a plea bargain, federal courts cannot grant specific performance via habeas corpus if the petitioner has abandoned state remedies for breach.
• Keener v. Taylor
  640 F.2d 839· 6th Cir.· 1981-02-05 ·cited 4×
  The court held that a juvenile transfer hearing under Ohio Rev. Code § 2151.26 is not an adjudicatory proceeding, and therefore, double jeopardy does not attach during such a hearing.
• Chavis v. Henderson
  638 F.2d 534· 2d Cir.· 1980-12-30 ·cited 4×
  The court held that the victim's identification of the suspect was sufficiently reliable under the totality of the circumstances to meet due process requirements.
• McGEE v. Estelle
  632 F.2d 476· 5th Cir.· 1980-12-08 ·cited 4×·via Habeas Corpus Relief
  The court held that the appellant was not denied his right to counsel at the pre-trial lineup and that the identification testimony was reliable.
• Mitchell v. Engle
  634 F.2d 353· 6th Cir.· 1980-11-28 ·cited 4×
  The court held that overwhelming evidence of guilt rendered any trial error harmless beyond a reasonable doubt.
• Glenn v. Dallman
  635 F.2d 1183· 6th Cir.· 1980-11-06 ·cited 4×
  The court affirmed the district court's denial of habeas corpus relief regarding the Confrontation Clause claim, but remanded the jury instruction issue for reconsideration in light of a subsequent state supreme court decision.
• Turnbill v. Bordenkircher
  634 F.2d 336· 6th Cir.· 1980-11-05 ·cited 4×
  The court held that the failure to provide a limiting instruction regarding prior felony convictions, coupled with the trial judge's subsequent remarks, created a possibility of egregious unfairness, constituting clear error.
• Cleaver v. Bordenkircher
  634 F.2d 1010· 6th Cir.· 1980-10-31 ·cited 4×
  The court held that denying an indigent petitioner the right to appeal due to an overburdened public defender constitutes a denial of equal protection and effective assistance of counsel.
• Soap v. Carter
  632 F.2d 872· 10th Cir.· 1980-10-24 ·cited 4×
  The court held that a prosecutor's racially prejudicial remarks in closing argument, which appealed to stereotypes and created a probability of jury impairment, violated the petitioner's due process rights.
• Boyden v. Griffin Bell
  631 F.2d 120· 9th Cir.· 1980-10-23 ·cited 4×
  U.S. authorities are required by law to prorate remission credit for transferred prisoners according to the time actually served in a foreign prison.
• State of Fla. ex rel. John Meyers v. Miller
  388 So. 2d 1358· Fla. 5th DCA· 1980-10-15 ·cited 4×·via Writ Of Habeas Corpus
  The court held that appellants could not complain about the trial court considering documents they submitted, and that the Tennessee warrant sufficiently charged a crime and was based on a probable cause determination, thus denying the writ of habeas corpus.
• Kanasola v. Civiletti
  630 F.2d 472· 6th Cir.· 1980-10-03 ·cited 4×
  The court held that the Treaty and its implementing legislation do not suspend the writ of habeas corpus, and appellant waived his right to collaterally attack his Canadian conviction by voluntarily consenting to transfer.
• Haag v. Ward
  632 F.2d 206· 2d Cir.· 1980-09-30 ·cited 4×
  New York Penal Law § 70.30(1)(a) does not deny equal protection to a prisoner who has completed a prior felony sentence before commencing a second felony sentence.
• Pharr v. Israel
  629 F.2d 1278· 7th Cir.· 1980-09-23 ·cited 4×
  The court held that the petitioner's failure to object to jury instructions at trial constituted a waiver of his federal claims, barring federal habeas corpus review under Wainwright v. Sykes.
• Sigety v. Abrams
  632 F.2d 969· 2d Cir.· 1980-09-02 ·cited 4×
  The court held that Sigety's incarceration for civil contempt did not violate his Fifth Amendment rights because his testimony was not incriminating, and his due process claims were also without merit.
• United States v. Jackson
  627 F.2d 883· 8th Cir.· 1980-08-22 ·cited 4×
  The court held that the trial court's failure to explicitly inform the defendant that it could not order concurrent state and federal sentences, and its variations from a verbatim recitation of Rule 11 rights, did not invalidate the guilty plea as the defendant was otherwise adeq
• Hudson v. State
  388 So. 2d 577· Fla. 3d DCA· 1980-08-05 ·cited 4×
  The court held that the rendition warrant and supporting documents were properly admitted into evidence and were sufficient for extradition, even if not signed by the Governor personally.
• Martinez v. Romero
  626 F.2d 807· 10th Cir.· 1980-07-30 ·cited 4×
  The court held that the petitioner's counsel provided effective assistance and that the habitual offender statute was applied constitutionally.
• Taylor v. State of Fla. & Don R. Moreland as Sheriff of Marion Cnty.
  388 So. 2d 576· Fla. 5th DCA· 1980-07-16 ·cited 4×·via Writ Of Habeas Corpus
  Taylor petitioned for a writ of habeas corpus challenging a pretrial bail denial in a capital case. The court held that while persons accused of non-capital crimes are entitled to bail as a matter of right, persons accused of capital or life imprisonment crimes may be admitted to
• 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.
• Montgomery v. Bordenkircher
  620 F.2d 127· 6th Cir.· 1980-04-28 ·cited 4×·via Application For Writ Of Habeas Corpus
  The court held that the petitioner's prior convictions were valid and that the habitual criminal statute does not violate double jeopardy principles.
• 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.
• Cheatham v. Novell
  382 So. 2d 361· Fla. 4th DCA· 1980-03-12 ·cited 4×·via Habeas Corpus Petition
  The majority's decision allows petitioners to circumvent the requirement of filing a notice of appeal before seeking post-trial release.
• 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.