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

• Bartlett v. T.L. Allen
  724 F.2d 1524· 11th Cir.· 1984-02-16 ·cited 3×·via Writ Of Habeas Corpus
  The court held that a defendant's subsequent, informed confession, made after consulting with counsel, waives any prior Fifth Amendment rights violated by continued interrogation after requesting an attorney.
• 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.
• Tijerina v. Estelle
  682 F.2d 504· 5th Cir.· 1982-08-13 ·cited 3×·via Federal Habeas Corpus
  The court held that the record must clearly show service of the magistrate's report to bar appellate review for failure to object.
• 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.
• Bowers v. Battles
  568 F.2d 1· 6th Cir.· 1977-12-22 ·cited 3×
  The court held that the retrospective hearing was adequate to determine the petitioner's competency to stand trial and that his counsel was effective.
• Johnnie Jones (Willie Felton) v. Fla. Parole & Prob. Comm'n & Louie L. Wainwright
  348 So. 2d 681· Fla. 1st DCA· 1977-08-10 ·cited 3×
  Florida appellate court reversed parole revocation where the Commission relied solely on hearsay evidence without any non-hearsay evidence to support the violation finding, holding that parole revocation requires some valid legal evidence beyond hearsay despite relaxed evidentiar
• Margorie Necklace v. The Tribal Court OF the Three Affiliated Tribes OF the Fort Berthold Reservation
  554 F.2d 845· 8th Cir.· 1977-04-15 ·cited 3×
  The court held that the petitioner was not required to exhaust state or tribal remedies before seeking habeas corpus relief under the Indian Civil Rights Act.
• Talavera v. Louie L. Wainwright
  547 F.2d 1238· 5th Cir.· 1977-03-02 ·cited 3×
  The court held that a Fourth Amendment claim on federal habeas corpus requires remand if the record is unclear as to whether the state provided a full and fair opportunity to litigate the claim.
• Ernie Ree Ainsworth v. Reed
  542 F.2d 243· 5th Cir.· 1976-11-10 ·cited 3×
  The court held that the petitioner's claim of entrapment, even if proven, did not rise to a constitutional dimension violating due process, and thus habeas corpus relief was not warranted.
• Manning v. State OF Ala.
  526 F.2d 355· 5th Cir.· 1976-01-22 ·cited 3×
  The court held that the petitioner must exhaust available state remedies before a federal court can consider his claim for credit on his state sentence for time served in federal custody.
• Hollis Wayne Justice v. State OF Tex.
  522 F.2d 1365· 5th Cir.· 1975-11-14 ·cited 3×
  The court held that the district court's findings of fact regarding the terms of the plea bargain were not clearly erroneous and that the state had breached the plea bargain.
• McBRIDE v. Estelle
  507 F.2d 903· 5th Cir.· 1975-02-07 ·cited 3×·via Federal Habeas Corpus
  The court held that while McBride's pro se brief satisfied the jurisdictional requirements for federal habeas corpus review, the district court's dismissal is affirmed on grounds of comity.
• United States ex rel. James "Doc" Bailey v. Reubin O'D. Askew and Louie Wainwright
  486 F.2d 134· 5th Cir.· 1973-10-19 ·cited 3×
  State officials acting within their judicial roles or carrying out court orders are immune from § 1983 damages actions.
• LaFRANCE v. Bohlinger
  487 F.2d 506· 1st Cir.· 1973-10-17 ·cited 3×
  The court held that a further stay of a habeas corpus writ is unwarranted, but conditioned the denial of the stay on the appellee executing a personal recognizance bond.
• Karriem Thorne v. Warden, Brooklyn House OF Detention FOR MEN
  479 F.2d 297· 2d Cir.· 1973-05-16 ·cited 3×
  The appeal is dismissed as moot because the petitioner was convicted, rendering the issue of pretrial detention moot.
• State v. Pitofsky
  267 So. 2d 348· Fla. 3d DCA· 1972-10-17 ·cited 3×
  A written complaint filed under oath before a justice of the peace, upon which a warrant is issued, is not a 'trial affidavit' within the meaning of the speedy trial rule.
• Tahl v. O'Connor
  460 F.2d 1068· 9th Cir.· 1972-06-16 ·cited 3×
• Cook v. Johnson
  459 F.2d 473· 6th Cir.· 1972-04-18 ·cited 3×
  The warrantless seizure and subsequent search of the appellant's car violated the Fourth Amendment, rendering the admission of evidence obtained from it unconstitutional.
• United States ex rel. Frank Phelan v. Brierley
  453 F.2d 73· 3d Cir.· 1971-10-26 ·cited 3×
  The dissenting judge believes the state court erred by not holding an independent hearing on the petitioner-appellant's competency, and that a retrospective hearing in the district court was insufficient.
• Smith v. State
  251 So. 2d 153· Fla. 1st DCA· 1971-08-05 ·cited 3×
• Smith v. Whisman
  431 F.2d 1051· 5th Cir.· 1970-09-16 ·cited 3×
  The exclusion of veniremen for cause based on general objections to the death penalty does not void a sentence if the alternate juror who was improperly selected does not participate in deliberations or the verdict and there is no indication of prejudice.
• Shank v. Smith
  426 F.2d 1344· 5th Cir.· 1970-06-02 ·cited 3×
  The court held that the district court properly denied claims of illegal extradition and lack of jurisdiction, but erred in denying claims of denial of counsel and coerced guilty plea without proper procedure.
• Vern Wilmer Carpenter v. Beto
  421 F.2d 847· 5th Cir.· 1970-01-29 ·cited 3×
  The court held that a state convict must re-present issues to the Texas court under the amended Article 11.07 before being considered to have exhausted available state remedies.
• Burton v. Walker
  231 So. 2d 20· Fla. 2d DCA· 1970-01-28 ·cited 3×
  The Burtons appealed a judgment awarding custody of a child to Mrs. Walker, claiming they were denied due process by not being allowed to present their case. The court reversed, holding that the trial judge erred by entering judgment without affording the Burtons an opportunity t
• State v. Pitts
  227 So. 2d 880· Fla. 1st DCA· 1969-11-07 ·cited 3×
  Florida appeals a trial court's order vacating murder convictions and death sentences for Pitts and Lee under Criminal Procedure Rule 1.850 based on newly discovered facts. The appellees sought bail pending the State's appeal, arguing the trial court's vacatur order entitled them
• Amos Carlton Thomas v. State
  223 So. 2d 391· Fla. 1st DCA· 1969-06-03 ·cited 3×·via Writ Of Habeas Corpus
  The court held that the trial court did not abuse its discretion in denying a continuance and properly admitted evidence of similar crimes.
• Wilson v. Veron Atchley
  412 F.2d 230· 9th Cir.· 1969-05-27 ·cited 3×
• Chromiak v. Field
  406 F.2d 502· 9th Cir.· 1969-01-24 ·cited 3×
  The court held that a prisoner's claim that a state statute requiring executive concurrence for probation is unconstitutional does not present a federal question, and that requiring a defendant to bear the burden of proof for a judge disqualification motion is permissible.
• Lawrence v. Louie L. Wainwright
  404 F.2d 614· 5th Cir.· 1968-11-29 ·cited 3×
  The court held that the appeal should not be dismissed as untimely filed based on new evidence of counsel's delay in notification.
• O'Shea v. United States
  395 F.2d 754· 1st Cir.· 1968-06-05 ·cited 3×
  The court held that the petitioner's pre-sentence custody was not subject to attack via habeas corpus, and even if it were, the subsequent valid sentence rendered the custody lawful.
• United States ex rel. Vincent Cerullo v. Follette
  393 F.2d 879· 2d Cir.· 1968-05-08 ·cited 3×
  The court held that the material facts concerning the voluntariness of the confession were not adequately developed and remanded for a full evidentiary hearing.
• Cook v. Willingham
  389 F.2d 769· 10th Cir.· 1968-02-08 ·cited 3×·via Habeas Corpus Relief
  The court held that aggregation of successive sentences is improper for determining parole eligibility under the 1966 amendment, but the right to parole consideration does not entitle the prisoner to habeas corpus relief.