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

• Waymon Spriggs, Jr. v. Collins
  993 F.2d 85· 5th Cir.· 1993-06-14 ·cited 3×
  The court held that while counsel was deficient for failing to object to inaccurate information in the presentence investigation report, the appellant failed to demonstrate prejudice from this deficiency.
• Warner v. Zent
  997 F.2d 116· 6th Cir.· 1993-06-07 ·cited 3×
  The court held that applying a judicial interpretation of a criminal statute retroactively, which was not foreseeable from the statute's plain language, violates the Due Process Clause by depriving the defendant of fair warning.
• Compo v. State
  617 So. 2d 362· Fla. 2d DCA· 1993-04-14 ·cited 3×
  This case addresses the Public Defender's motion to withdraw from representing James Compo in three consolidated appeals, along with Compo's pro se efforts to remove his counsel and conduct his own appellate representation. The court grants the public defender's withdrawal motion
• Birdwell v. Skeen
  983 F.2d 1332· 5th Cir.· 1993-02-24 ·cited 3×
  The court held that the additional two-week postponement did not comply with IADA continuance requirements and thus did not toll the speedy trial period, and that the one-week continuance lacked good cause, leading to a violation of the speedy trial provision.
• Ramseur v. Beyer
  983 F.2d 1215· 3d Cir.· 1992-12-31 ·cited 3×
  The court did not definitively rule on whether a new indictment can cure a prior constitutionally defective indictment, leaving the question open for future cases.
• Campbell v. Blodgett
  997 F.2d 512· 9th Cir.· 1992-12-24 ·cited 3×
  The court held that the district court did not abuse its discretion in dismissing the third federal habeas petition as successive and abusive, with the exception of the claim regarding appellate review, which was improperly characterized by the district court.
• Evenstad v. United States
  978 F.2d 1154· 9th Cir.· 1992-11-04 ·cited 3×
  A defendant may collaterally attack a federal sentence based on a prior conviction tainted by ineffective assistance of counsel, even if the claim is raised years later, provided the district court determines the issue of waiver and prejudice.
• Porter v. Dugger
  805 F. Supp. 941· M.D. Fla.· 1992-10-30 ·cited 3×
  The court held that the petitioner received effective assistance of counsel at both sentencing hearings and that no actual conflict of interest existed, denying habeas corpus relief.
• Selvage v. Collins
  975 F.2d 131· 5th Cir.· 1992-10-02 ·cited 3×
  The court held that the perceived futility of raising 'Penry' claims does not constitute cause to excuse a procedural default in a federal habeas petition, as such claims were reasonably available.
• Higgs v. State
  599 So. 2d 274· Fla. 5th DCA· 1992-05-29 ·cited 3×
  Robert Higgs sought habeas corpus relief claiming his appeal rights were violated when a trial court denied his motion to proceed in forma pauperis, allegedly because no appeal was timely filed. The court held that under the 'mailbox rule,' a notice of appeal is deemed filed when
• Goethel v. Lawrence
  599 So. 2d 232· Fla. 3d DCA· 1992-05-19 ·cited 3×·via Writ Of Habeas Corpus
• Johnson v. Armontrout
  961 F.2d 748· 8th Cir.· 1992-04-10 ·cited 3×·via Habeas Corpus Review
  The court held that a defendant is deprived of his constitutional right to an impartial jury and effective counsel when jurors who convicted a co-defendant in the same crime are empaneled without sufficient inquiry into their bias, and counsel fails to challenge them for cause.
• King v. Byrd
  590 So. 2d 2· Fla. 1st DCA· 1991-11-18 ·cited 3×
  Patty Elizabeth King challenges the revocation of her pretrial release and detention without bond following a mistrial in her drug trafficking case. The appellate court denies her habeas corpus petition without prejudice, finding the record inadequate and directing her to first s
• Olan Randle Robison v. Maynard
  943 F.2d 1216· 10th Cir.· 1991-08-29 ·cited 3×
  The court held that the Supreme Court's decision in Payne v. Tennessee does not require reversal of the prior holding that testimony from a victim's relative expressing a desire not to impose the death penalty is inadmissible mitigating evidence.
• Derden v. Sheriff Sammie McNEEL & Attorney General-State of Miss.
  938 F.2d 605· 5th Cir.· 1991-08-16 ·cited 3×
  The court held that the majority's 'scatter-gun cumulation of error' improperly vitiates a jury verdict supported by considerable evidence, failing to adhere to the restraint required in habeas corpus review.
• Rosario Spatola v. United States
  925 F.2d 615· 2d Cir.· 1991-02-19 ·cited 3×
  A certified copy of a foreign conviction, obtained after a trial where the defendant was present and represented by counsel, is sufficient to establish probable cause for extradition.
• Elzra Wiggerfall v. Jones
  918 F.2d 1544· 11th Cir.· 1990-12-14 ·cited 3×
  A conviction obtained when the jury was precluded by statute from considering lesser included noncapital offenses violates due process, and this error is not rendered harmless by the judge's subsequent commutation of a death sentence to life imprisonment.
• 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.
• Kermit Gabel v. O.L. McCOTTER
  803 F.2d 814· 5th Cir.· 1986-10-29 ·cited 3×·via Application For Writ Of Habeas Corpus
  State evidentiary rulings, even if erroneous, do not constitute constitutional error cognizable in federal habeas corpus proceedings.
• 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.
• Lambertson v. State
  479 So. 2d 773· Fla. 5th DCA· 1985-11-07 ·cited 3×·via Writ Of Habeas Corpus
  Petitioner challenged a circuit court order requiring her as a material witness to either post a $100,000 bond or be incarcerated. The Florida appellate court held that because petitioner was not yet in custody but was merely avoiding legal process, she was not entitled to habeas
• 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.
• Alvord v. State
  459 So. 2d 316· Fla.· 1984-11-21 ·cited 3×·via Writ Of Habeas Corpus
  The court held that a petitioner is not entitled to a judicial determination of competency to be executed separate from the statutory executive process.
• 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.