Habeas Corpus

18,792 Florida cases classified under this topic, plus 3,111 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Simmons v. State
  580 So. 2d 295· Fla. 5th DCA· 1991-05-23 ·cited 2×
  The court analyzes the complex and unclear legal landscape surrounding the relationship between "greater" offenses like felony murder and weapon/firearm offenses, and their respective "lesser" predicate offenses, particularly concerning double jeopardy implications.
• Reprinted Opinion Derek Vinson v. Heckmann
  940 F.2d 114· 5th Cir.· 1991-05-22 ·cited 2×
  The court held that the inmate's appeal was frivolous and affirmed the dismissal of his § 1983 suit and denial of counsel, imposing sanctions to prevent future frivolous filings.
• Sermon Dyess v. Thomas
  580 So. 2d 150· Fla.· 1991-05-16 ·cited 2×
  A defendant is not entitled to release under rule 3.133(b)(6) if the state files an information or indictment between the filing of the motion to release and the hearing.
• Sanford Norman Harris v. DeROBERTIS
  932 F.2d 619· 7th Cir.· 1991-05-09 ·cited 2×
  A habeas claim should not be dismissed for failure to exhaust state remedies if a post-conviction petition would be untimely under Illinois law, unless Illinois precedent indicates the petitioner could demonstrate a lack of culpable negligence.
• Evans v. Denis Dowd
  932 F.2d 739· 8th Cir.· 1991-05-08 ·cited 2×
  The court held that the confession was not involuntary and affirmed the dismissal of the habeas corpus petition.
• Henderson Sharp, Jr. v. Puckett
  930 F.2d 450· 5th Cir.· 1991-05-07 ·cited 2×
  The court held that a constructive denial of appellate counsel requires a showing of prejudice, and affirmed the denial of relief for ineffective assistance of trial counsel.
• R.L. v. State
  578 So. 2d 862· Fla. 5th DCA· 1991-05-02 ·cited 2×
  The court held that a juvenile detained beyond statutory limits, even if transferred to home detention, is entitled to release.
• Bagby v. Kuhlman
  932 F.2d 131· 2d Cir.· 1991-04-30 ·cited 2×
  The court held that a witness's invocation of the Fifth Amendment privilege does not violate the Sixth Amendment's Confrontation Clause if the defendant had a prior ample opportunity to cross-examine the witness and the witness's subsequent recantation is deemed untrustworthy.
• Frey v. Leapley
  931 F.2d 1253· 8th Cir.· 1991-04-26 ·cited 2×
  The court held that the refusal to give certain jury instructions did not violate the petitioner's due process rights, as the officers' entry was permissible and the petitioner's actions did not support the requested defenses.
• Marx v. United States
  930 F.2d 1246· 7th Cir.· 1991-04-26 ·cited 2×
  The dissenting judge would vacate the guilty plea due to deficiencies in the plea-taking procedure and the government's failure to fulfill its commitment regarding the return of cows.
• Lemieux v. Dareld Kerby
  931 F.2d 1391· 10th Cir.· 1991-04-26 ·cited 2×·via Habeas Corpus Petition
  The New Mexico sentencing statute authorizing good time credit only for post-sentencing time served in state prison, but not pre-sentencing time in county jail, does not violate the Equal Protection or Due Process Clauses.
• Carter v. Armontrout
  929 F.2d 1294· 8th Cir.· 1991-04-09 ·cited 2×
  The court held that the district court did not err in denying the petition for a writ of habeas corpus, affirming the denial of relief on all claims.
• Harris v. Allen
  929 F.2d 560· 10th Cir.· 1991-04-01 ·cited 2×·via Habeas Corpus Relief
  A civil forfeiture proceeding is a collateral consequence of a guilty plea and does not need to be included in a plea agreement for the plea to be considered knowing and voluntary.
• Vahlsing v. Commercial Union Ins. Co., Inc.
  928 F.2d 486· 1st Cir.· 1991-03-22 ·cited 2×·via Writ Of Habeas Corpus
  The court held that the jury's verdict for the defendant on all counts was supported by sufficient evidence and proper jury instructions, affirming the district court's judgment.
• Strouse v. Leonardo
  928 F.2d 548· 2d Cir.· 1991-03-18 ·cited 2×
  The court held that the petitioner made a sufficient showing to be entitled to an evidentiary hearing on his claim of an actual conflict of interest due to his trial counsel's potential expectation of fees as executor.
• Tyler v. United States
  929 F.2d 451· 9th Cir.· 1991-03-13 ·cited 2×·via Habeas Corpus Petition
  The Good Time Credits Act of 1986 (GTCA) did not impliedly repeal the prior statute requiring parole violators to forfeit street time credit.
• James v. Whitley
  926 F.2d 1433· 5th Cir.· 1991-03-12 ·cited 2×·via Federal Habeas Corpus
  The court held that the state did not violate the petitioner's constitutional rights by withholding exculpatory evidence, as the evidence was either disclosed or not material, and the jury instructions regarding sentencing were not unconstitutional.
• Jackson v. United States
  928 F.2d 245· 8th Cir.· 1991-03-06 ·cited 2×·via Habeas Corpus Petition
  The court held that the trial counsel's actions did not constitute ineffective assistance of counsel, and the defendant knowingly and voluntarily waived his right to testify.
• Williams v. State OF Ark.
  927 F.2d 409· 8th Cir.· 1991-03-06 ·cited 2×
  The court held that a petitioner's pro se status and educational background are insufficient cause for failing to pursue state-court remedies, thus applying the Wainwright cause and prejudice standard to procedural defaults.
• Simpson v. Camper
  927 F.2d 392· 8th Cir.· 1991-03-04 ·cited 2×
  The court held that the appeal would be held in abeyance pending a determination by the Missouri Court of Appeals on whether a state remedy is available to the petitioner.
• Parette v. A.L. Lockhart
  927 F.2d 366· 8th Cir.· 1991-02-28 ·cited 2×
  The court held that while a district court in the district of confinement has habeas jurisdiction over an attack on another state's detainer, the petition was properly dismissed without prejudice because the petitioner failed to exhaust available state remedies in Louisiana.
• Bedford v. Attorney Gen. OF the State OF Ala. & Charlie E. Jones
  924 F.2d 203· 11th Cir.· 1991-02-19 ·cited 2×·via Federal Habeas Corpus
  The court held that the defendant's claim was not procedurally barred because the state court's dismissal was not a clear and express statement of reliance on a procedural default, and the state failed to show particularized prejudice from the delay.
• Stephenson v. Rice
  574 So. 2d 286· Fla. 2d DCA· 1991-02-13 ·cited 2×·via Writ Of Habeas Corpus
  Petitioner Stephenson sought habeas corpus relief, arguing he was unlawfully held without probable cause. The Florida appellate court granted the writ, finding that hearsay testimony from witnesses regarding victims' statements was insufficient to establish probable cause at a pr
• Porter v. A.L. Lockhart
  925 F.2d 1107· 8th Cir.· 1991-02-13 ·cited 2×
  The court held that the defendant's claims of ineffective assistance of counsel and involuntary guilty plea were without merit, affirming the denial of habeas corpus relief.
• Weaver v. Pung
  925 F.2d 1097· 8th Cir.· 1991-02-12 ·cited 2×
  The court held that a petitioner must be in custody at the time of filing a habeas corpus petition, and if the sentence has expired, the petition must be filed before expiration, which requires payment of the filing fee or an order granting leave to proceed in forma pauperis.
• Travis v. A.L. Lockhart
  925 F.2d 1095· 8th Cir.· 1991-02-11 ·cited 2×
  The court held that the interpretation of state jail time crediting statutes is a matter of state concern, not a proper function of federal habeas corpus jurisdiction.
• Disinger v. State
  574 So. 2d 268· Fla. 5th DCA· 1991-02-07 ·cited 2×·via Writ Of Habeas Corpus
  Robert Disinger, a criminal defendant convicted of sexual battery and indecent assault, petitioned for a writ of habeas corpus claiming his appellate counsel was ineffective for failing to raise a Sixth Amendment Confrontation Clause violation on direct appeal. The court granted
• Jackson v. Dugger
  580 So. 2d 161· Fla. 4th DCA· 1991-01-23 ·cited 2×
  Jackson sought habeas corpus relief after her cocaine trafficking conviction was affirmed on appeal, arguing her appellate counsel was ineffective for failing to raise a Williams rule evidence issue that her codefendant's counsel successfully raised on appeal. The court granted t
• Haley v. Armontrout
  924 F.2d 735· 8th Cir.· 1991-01-22 ·cited 2×
  The court held that the district court properly denied the habeas corpus petition, affirming the denial of relief on all grounds.
• Lawrence v. Luster
  575 So. 2d 220· Fla. 3d DCA· 1991-01-15 ·cited 2×
• Lahay v. Armontrout
  923 F.2d 578· 8th Cir.· 1991-01-09 ·cited 2×·via Federal Habeas Corpus
  The court held that the district court erred in dismissing the habeas petition without an evidentiary hearing, as circumstances cast doubt on the reliability of state court findings.
• Gutierrez v. Moriarty
  922 F.2d 1464· 10th Cir.· 1991-01-07 ·cited 2×
  The majority's conclusion that the New Mexico procedural bar rule is not adequate for speedy trial claims is incorrect because it misinterprets state case law and presumes state courts are not faithful to their rules.
• Ramseur v. Beyer
  921 F.2d 504· 3d Cir.· 1990-12-28 ·cited 2×
  The court held that the district court abused its discretion by denying the motion for an extension to file a notice of appeal, as the delay in filing constituted excusable neglect.
• Crowley v. Winans
  920 F.2d 454· 7th Cir.· 1990-12-13 ·cited 2×
  The court held that the jury instruction creating a permissive presumption of great bodily harm based on the victim's physical disability, specifically his height, did not violate due process because there was a rational connection between the victim's height and the increased pr
• Geronima Mayo v. Schiltgen
  921 F.2d 177· 8th Cir.· 1990-12-12 ·cited 2×
  The court held that the district court erred by affirming the agency's exclusion order on grounds not relied upon by the agency, and that the appellant deserves a hearing on her claim that her marriage was void under Philippine law.
• Capps v. Sullivan
  921 F.2d 260· 10th Cir.· 1990-12-10 ·cited 2×
  The court held that defense counsel's strategy of pursuing jury nullification instead of an entrapment defense, despite evidence supporting it, constituted ineffective assistance of counsel, and the new evidence presented satisfied the prejudice prong for habeas relief.
• Sudduth v. Arizona Attorney General
  921 F.2d 206· 9th Cir.· 1990-12-10 ·cited 2×
  The court held that a pro se prisoner's notice of appeal is deemed filed when delivered to prison authorities, and in this case, the notice was timely.
• R.B. Smith v. A.L. Lockhart
  921 F.2d 154· 8th Cir.· 1990-12-07 ·cited 2×·via Federal Habeas Corpus
  The court affirmed the dismissal of the habeas corpus petition, finding the guilty plea was voluntary and counsel was not ineffective.
• Layton v. State OF S.D.
  918 F.2d 739· 8th Cir.· 1990-11-07 ·cited 2×
  The court affirmed the denial of the habeas corpus petition, holding that the appellant's constitutional rights were not violated by his state court conviction or sentencing.
• Young v. Puckett
  917 F.2d 869· 5th Cir.· 1990-11-06 ·cited 2×
  A habeas petition is not successive under Rule 9(b) if changed circumstances or new legal grounds, not previously considered on the merits, alter the case's landscape.
• Hernandez v. W.L. Garrison
  916 F.2d 291· 5th Cir.· 1990-11-05 ·cited 2×
  The court held that the district court did not err in denying the habeas corpus petition, as the appellant's claims were either moot, not cognizable in habeas, or based on a misinterpretation of statutory amendments.
• Fleming v. Collins
  917 F.2d 850· 5th Cir.· 1990-11-05 ·cited 2×
• Tata v. Carver
  917 F.2d 670· 1st Cir.· 1990-10-31 ·cited 2×
  The court held that the refusal of a lesser included offense instruction in a non-capital state case does not violate federal due process unless it results in a fundamental miscarriage of justice.
• Reddy v. Coombe
  916 F.2d 47· 2d Cir.· 1990-10-05 ·cited 2×·via Habeas Corpus Review
  The admission of a non-testifying codefendant's incriminating statements at a joint trial violates the Sixth Amendment Confrontation Clause, even if the statements interlock, if they are not substantially the same and consistent on the major elements of the crime.
• Marzano v. Kincheloe
  915 F.2d 549· 9th Cir.· 1990-10-02 ·cited 2×
  A sentence of life imprisonment without the possibility of parole cannot be constitutionally imposed on a defendant who pleads guilty, even if they agree to such a sentence in a plea bargain, as the statute requires jury findings for such sentences.
• Pesina v. Johnson
  913 F.2d 53· 2d Cir.· 1990-09-14 ·cited 2×
  A federal habeas corpus petition containing both exhausted and unexhausted claims must be dismissed in its entirety, and a petitioner must seek leave to appeal to the highest state court to exhaust remedies.
• Barker v. Estelle
  913 F.2d 1433· 9th Cir.· 1990-09-11 ·cited 2×
  The court held that Barker's prosecution did not violate the Double Jeopardy Clause because jeopardy did not attach at his juvenile fitness hearing under the amended California statute, and his due process rights were not violated as the right of confrontation does not apply to s
• Tate v. Armontrout
  914 F.2d 1022· 8th Cir.· 1990-09-10 ·cited 2×
  The court held that resentencing after an appellate reversal for procedural error in making a record of prior offender status is not barred by double jeopardy, and a failure to adjudicate that status before jury submission does not violate due process.
• Judd v. Baer
  911 F.2d 571· 11th Cir.· 1990-09-07 ·cited 2×·via Habeas Corpus Relief
  The failure of the National Appeals Board (NAB) to render a decision within sixty days, as mandated by 18 U.S.C. § 4215(b), does not create an entitlement to habeas relief for the prisoner or parolee awaiting the decision.
• Murray v. Cowley
  913 F.2d 832· 10th Cir.· 1990-09-05 ·cited 2×
  The court held that the appellant was not similarly situated to other prisoners whose sentences were reduced, and therefore, the refusal to reduce his sentence did not violate equal protection.