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

• Culp v. Keohane
  822 F.2d 641· 6th Cir.· 1987-07-08 ·cited 2×
  The court held that the Bureau of Prisons has the authority to forfeit good time credits earned by a federal prisoner prior to parole revocation.
• Evans v. Cabana
  821 F.2d 1065· 5th Cir.· 1987-07-06 ·cited 2×
  The court denied the application for a certificate of probable cause and a stay of execution, finding no substantial showing of the denial of a federal right.
• Hess v. Medlock
  820 F.2d 1368· 4th Cir.· 1987-06-19 ·cited 2×
  The Fourth Circuit held that Hess's second prosecution for obstruction of justice did not violate the Double Jeopardy Clause, as the Lexington County jury did not necessarily decide issues that foreclosed the Calhoun County prosecution, and the offenses were not the 'same offense
• Jubilado v. United States
  819 F.2d 210· 9th Cir.· 1987-06-04 ·cited 2×
  The court held that the appellant's return to the United States after a three-month trip to bring his family did not constitute an 'entry' under immigration law, thus he should have been in deportation, not exclusion, proceedings.
• Pasterczyk v. Fair
  819 F.2d 12· 1st Cir.· 1987-05-29 ·cited 2×
  A prior state court judgment for declaratory and injunctive relief, which granted sentence credit, has res judicata effect and bars a subsequent federal § 1983 damages action for the same underlying grievance, as the damages claim could have been raised in the state action.
• Guaraldi v. Cunningham
  819 F.2d 15· 1st Cir.· 1987-05-29 ·cited 2×
  The court held that the appellant's Sixth Amendment rights were not violated by dual representation without explicit warning, nor by the state's failure to locate a defense witness, as no actual conflict adversely affected performance and no prejudice was shown.
• Carter v. Holt
  817 F.2d 699· 11th Cir.· 1987-05-22 ·cited 2×
  The court held that the petitioner's trial counsel's decision to waive a jury trial, even if based on a potentially erroneous assessment of evidentiary limitations, was a reasonable tactical choice and did not constitute constitutionally ineffective assistance of counsel.
• Buthy v. The Comm'r OF the Off. OF Mental Health OF NEW York State
  818 F.2d 1046· 2d Cir.· 1987-05-18 ·cited 2×
  The court held that the restrictions on forensic unit patients were rationally related to legitimate security interests and that the challenged impositions on liberty were de minimis, thus affirming the dismissal of the constitutional claims.
• Nichols v. E.P. Perini
  818 F.2d 554· 6th Cir.· 1987-05-12 ·cited 2×
  The court held that the state court's factual finding that the petitioner was aware of the maximum sentence was entitled to deference under 28 U.S.C. § 2254(d) and was not overcome by the evidence presented.
• Felde v. Butler
  817 F.2d 281· 5th Cir.· 1987-05-11 ·cited 2×
  The court held that the petitioner was not prejudiced by his counsel's failure to seek a competency hearing, as he was competent and made a knowing decision to seek the death penalty.
• Boggs v. Evitts
  818 F.2d 534· 6th Cir.· 1987-05-11 ·cited 2×
  The Sixth Circuit held that the petitioner failed to exhaust his state remedies regarding the constitutional challenge to the Kentucky Rule of Criminal Procedure, requiring dismissal of the habeas corpus petition.
• Harrod v. Black
  818 F.2d 17· 8th Cir.· 1987-05-05 ·cited 2×
  The court held that a federal habeas corpus petition must be dismissed for failure to exhaust available state remedies when the petitioner has not presented his claims to the state courts via the available post-conviction act.
• Al Mancuso v. Scully
  818 F.2d 1· 2d Cir.· 1987-04-30 ·cited 2×
  The court held that a federal habeas petition containing unexhausted claims must be dismissed entirely, even if other claims have been previously adjudicated.
• Colson v. Joyce
  816 F.2d 29· 1st Cir.· 1987-04-17 ·cited 2×
  The court held that the petitioner was unconstitutionally deprived of his Sixth Amendment right to counsel when ordered to serve out a fine without being advised of his right to an attorney.
• Mitchell v. State OF Idaho
  814 F.2d 1404· 9th Cir.· 1987-04-16 ·cited 2×
  The court held that the appeal was timely because the district court failed to enter a separate judgment as required by Fed.R.Civ.P. 58.
• Galloway v. Josey
  507 So. 2d 590· Fla.· 1987-04-16 ·cited 2×
  The Florida Supreme Court clarified the burden of proof required in extradition proceedings, holding that a person facing extradition may defeat the presumption of being a fugitive from justice only by presenting clear and convincing evidence of absence from the demanding state a
• Smith v. Louie L. Wainwright
  505 So. 2d 39· Fla. 4th DCA· 1987-04-15 ·cited 2×
  This case concerns a petitioner seeking a belated appeal due to his attorney's failure to file a timely notice of appeal. The court granted the petition, allowing the petitioner to pursue an appeal after the deadline, based on exceptional circumstances.
• Cikora v. Wainwright
  661 F. Supp. 813· S.D. Fla.· 1987-04-07 ·cited 2×
  The Court held that the photographic lineup was not impermissibly suggestive and the identification was reliable under the totality of the circumstances, thus denying the petition for a writ of habeas corpus.
• Clark v. Honorable R.I. Prichard, III
  812 F.2d 991· 5th Cir.· 1987-03-23 ·cited 2×
  A probationer's challenge to a condition of probation must be brought as a habeas corpus action, not a section 1983 civil rights action, due to the blurred distinction between the fact and conditions of confinement.
• Johnstone v. Kelly
  812 F.2d 821· 2d Cir.· 1987-03-02 ·cited 2×
  The State cannot satisfy its obligation by offering a retrial where the defendant is forced to represent himself; the defendant must be afforded the choice between counsel and self-representation.
• Johnson v. Moran
  812 F.2d 23· 1st Cir.· 1987-02-20 ·cited 2×
  The court held that the district court did not abuse its discretion in denying the request to retain jurisdiction pending exhaustion of state remedies.
• In re Florida Rules OF Criminal Procedure
  503 So. 2d 320· Fla.· 1987-02-05 ·cited 2×
  The Florida Supreme Court adopted Rule 3.851 to establish a more orderly procedure for postconviction and collateral relief petitions filed after death warrants are signed. The rule requires all such motions and petitions be filed within thirty days of warrant signing (when the e
• Stuart v. Gagnon
  837 F.2d 289· 7th Cir.· 1987-01-28 ·cited 2×
  A petitioner seeking a certificate of probable cause for a habeas appeal is not required by statute or rule to detail the grounds for the request or the issues to be raised on appeal.
• Algar Ferguson v. Judge James A. Knight
  809 F.2d 1239· 6th Cir.· 1987-01-27 ·cited 2×
  The court should not affirm the judgment because the majority improperly considered a prior conviction as evidence of guilt, which was not presented to or relied upon by state courts.
• Oviedo v. Jago
  809 F.2d 326· 6th Cir.· 1987-01-21 ·cited 2×
  The court held that the juvenile court's reliance on facts and information not formally introduced into evidence at a transfer hearing did not violate the petitioner's federal due process rights, as the state court had found all relevant criteria were considered.
• Lonberger v. R.C. Marshall
  808 F.2d 1169· 6th Cir.· 1987-01-06 ·cited 2×
  The court held that the petitioner's current habeas petition was successive and properly dismissed under Rule 9(b) because it raised the same grounds for relief as a prior petition, and the ends of justice did not require reconsideration.
• Carillo v. Brown
  807 F.2d 1094· 1st Cir.· 1986-12-23 ·cited 2×
  The court held that the petitioner failed to exhaust his state remedies by presenting a new legal theory for the first time in federal court, and that the state courts' findings of waiver and res judicata were binding.
• Sinclair LEE v. Probate Court OF Davidson Cnty.
  807 F.2d 512· 6th Cir.· 1986-12-23 ·cited 2×·via Habeas Corpus Relief
  The court held that the state's prosecution of the petitioner for marijuana possession did not violate the double jeopardy clause, as the offenses of possessing marijuana and possessing paraphernalia were separate and distinct.
• RAY v. R.D. Brewer
  808 F.2d 19· 7th Cir.· 1986-12-22 ·cited 2×
  The court held that the Parole Commission's interpretation of good time credits as expiring upon parole release is reasonable and does not violate due process.
• Fla. Parole & Prob. Comm'n v. Barney Evan Brown
  499 So. 2d 36· Fla. 1st DCA· 1986-12-18 ·cited 2×
  The court held that the state's appeal was timely because the order did not discharge the prisoner, thus tolling the appeal period.
• Walker v. A.L. Lockhart
  807 F.2d 136· 8th Cir.· 1986-12-16 ·cited 2×·via Habeas Corpus Relief
  The court held that the petitioner's counsel provided ineffective assistance by failing to secure a material witness and failing to investigate, which prejudiced the petitioner's defense.
• Ramón Sanchez v. Meese
  807 F.2d 601· 7th Cir.· 1986-12-05 ·cited 2×
  A defendant is not entitled to credit for time served under a civil contempt sentence against a subsequent criminal contempt sentence, as the civil confinement is coercive, not punitive.
• In re Ali Reza Ghalamsiah. Appeal of Dist. Dir.
  806 F.2d 68· 3d Cir.· 1986-11-26 ·cited 2×
  The court held that the Attorney General, not the district court, has the exclusive discretionary authority to grant bail to an alien not illegally detained, pending a motion to reopen deportation proceedings, subject to judicial review.
• Zeigler v. Louie L. Wainwright
  805 F.2d 1422· 11th Cir.· 1986-11-24 ·cited 2×
  The court held that it had jurisdiction and that the justice system failed to properly function, requiring remand for further proceedings.
• Martinez v. Roberts
  804 F.2d 570· 9th Cir.· 1986-11-18 ·cited 2×
  Federal prisoners must exhaust administrative remedies before filing a habeas corpus petition, and failure to do so warrants dismissal.
• Worthan v. Wyrick
  805 F.2d 303· 8th Cir.· 1986-11-12 ·cited 2×
  The court held that the petitioner failed to demonstrate cause for his procedural default in failing to raise the bystander juror issue at trial or on direct appeal.
• United States v. Scott
  803 F.2d 1095· 10th Cir.· 1986-10-22 ·cited 2×·via Habeas Corpus Petition
  A motion to vacate sentence under 28 U.S.C. § 2255 is unavailable for claims challenging the execution of a sentence rather than its validity. Such claims must be raised in a habeas corpus petition under 28 U.S.C. § 2241.
• Pierre v. Shulsen
  802 F.2d 1282· 10th Cir.· 1986-10-06 ·cited 2×
  The court held that the statutory scheme did not impermissibly shift the burden of proof and that expert testimony at the penalty phase did not violate the Fifth Amendment, affirming the denial of the habeas corpus petition.
• Darden v. Louie Wainwright
  495 So. 2d 179· Fla.· 1986-10-03 ·cited 2×·via Writ Of Habeas Corpus
  The court held that a claim of racial bias in the application of the death penalty cannot be raised for the first time in a habeas corpus proceeding but must be presented in a motion for post-conviction relief.
• United States v. Fairman
  801 F.2d 275· 7th Cir.· 1986-09-17 ·cited 2×
  The court held that the risk of prejudice from a defendant being tried in a special repeat offender courtroom does not, in itself, constitute a denial of due process.
• Woratzeck v. Ricketts
  808 F.2d 1322· 9th Cir.· 1986-09-16 ·cited 2×
• Sterling R. Rault, Sr. v. Blackburn
  799 F.2d 1071· 5th Cir.· 1986-09-15 ·cited 2×
  The court held that a "white-on-white" crime does not state a ground for federal habeas relief or warrant a certificate of probable cause or a stay of execution under the McCleskey theory.
• Murphy v. Sowders
  801 F.2d 205· 6th Cir.· 1986-09-12 ·cited 2×
  The court held that the retroactive repeal of a rule requiring corroboration of accomplice testimony, when applied to a defendant whose crime occurred before the repeal, violates the Ex Post Facto Clause of the U.S. Constitution.
• Pickett v. Bowen
  798 F.2d 1385· 11th Cir.· 1986-09-09 ·cited 2×·via Writ Of Habeas Corpus
  The court held that the district court correctly granted the writ of habeas corpus because the medical report was crucial evidence, and the prosecution failed to demonstrate the declarant's unavailability or establish sufficient indicia of reliability.
• Jennings v. Rees
  800 F.2d 72· 6th Cir.· 1986-08-27 ·cited 2×·via Writ Of Habeas Corpus
  The court held that a state prisoner cannot seek federal habeas corpus relief on a Fourth Amendment claim if the state provided an opportunity for full and fair litigation of that claim. The court also found the handgun seizure lawful under public safety and plain view doctrines.
• Woolls v. O.L. McCOTTER
  798 F.2d 695· 5th Cir.· 1986-08-14 ·cited 2×
  The court denied the appellant's motion for a certificate of probable cause, finding no substantial showing of the denial of a federal right, and dismissed the appeal.
• Crockett v. O.L. McCOTTER
  796 F.2d 787· 5th Cir.· 1986-08-13 ·cited 2×
  The court held that while the failure to object to two prior felony convictions for delivery of biphetamines constituted deficient performance, the defendant failed to demonstrate prejudice, and therefore, his ineffective assistance of counsel claim was denied.
• Henry v. State
  496 So. 2d 832· Fla. 2d DCA· 1986-08-08 ·cited 2×
  Charles Henry challenges his extradition to New York on a parole violation charge, arguing that the extradition demand lacked required statutory documentation. The Florida appellate court reversed the denial of his habeas corpus petition, finding that the supporting documents fai
• Algar Ferguson v. Judge James A. Knight
  797 F.2d 289· 6th Cir.· 1986-07-29 ·cited 2×
  The court held that the failure to instruct the jury on the limited significance of a prior conviction constituted plain error of constitutional magnitude, requiring habeas relief.
• Harris v. Rees
  794 F.2d 1168· 6th Cir.· 1986-07-16 ·cited 2×
  The court held that denying an indigent defendant's statutory right to appeal solely because his family could afford trial counsel violates the Equal Protection Clause of the Fourteenth Amendment.