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

• Romano v. State
  491 So. 2d 1188· Fla. 4th DCA· 1986-07-09 ·cited 2×
  Robert Romano appealed the summary denial of his Rule 3.850 motion for post-conviction relief, raising claims of ineffective assistance of counsel at trial and on appeal, prosecutorial misconduct, and illegal sentencing. The court reversed in part and remanded, finding the trial
• Young v. Armontrout
  795 F.2d 55· 8th Cir.· 1986-07-08 ·cited 2×
  The court held that the district court erred in dismissing the habeas corpus petition without an evidentiary hearing, as the allegations could state a claim under the Eighth Amendment for deliberate indifference to serious medical needs.
• Widgery v. United States
  796 F.2d 223· 8th Cir.· 1986-07-07 ·cited 2×
  The court held that the district court erred in applying the 'cause and prejudice' standard instead of the 'deliberate bypass' standard to determine if Widgery's failure to prosecute his appeal bars his section 2255 motion.
• Isley v. Louie L. Wainwright
  792 F.2d 1516· 11th Cir.· 1986-07-07 ·cited 2×
  The court held that appointed counsel's filing of a brief conceding no merit to the client's case, without following Anders v. California procedures, violated the client's rights.
• McCRAE v. Blackburn
  793 F.2d 684· 5th Cir.· 1986-07-03 ·cited 2×
  The court held that erroneous information in a presentence investigation report constitutes harmless error if the sentencing judge did not rely on it and the defendant cannot show a reasonable probability that the sentence would have been different. Additionally, ineffective assi
• Clark v. Louie L. Wainwright
  490 So. 2d 1055· Fla. 1st DCA· 1986-07-02 ·cited 2×
  Clark, an inmate at Florida State Prison, challenged his placement in administrative confinement and close management status via habeas corpus, asserting prison officials violated due process by failing to provide proper hearings. The court affirmed the dismissal, finding that al
• Simpson v. Commonwealth OF Mass.
  795 F.2d 216· 1st Cir.· 1986-06-26 ·cited 2×
  The Court of Appeals held that Batson v. Kentucky should not be applied retroactively to cases on collateral review where the conviction was final before Batson was decided.
• United States ex rel. Michael Salisbury v. Blackburn
  792 F.2d 498· 5th Cir.· 1986-06-20 ·cited 2×
  A trial judge has no affirmative duty to inform a defendant of the option to plead not guilty by reason of insanity before accepting a guilty plea, provided the defendant is represented by counsel who has advised them of such options.
• Foots v. State OF La.
  793 F.2d 610· 5th Cir.· 1986-06-18 ·cited 2×
  The court held that the district court correctly dismissed the habeas corpus petition because the prisoner failed to demonstrate flaws in his conviction or sentencing.
• United States v. Smith
  793 F.2d 85· 3d Cir.· 1986-06-13 ·cited 2×
  The court held that the defendant did not raise a substantial question on appeal, thus bail pending appeal was not warranted.
• Singleton v. Frey
  793 F.2d 212· 8th Cir.· 1986-06-11 ·cited 2×
  Federal habeas corpus relief is unavailable for Fourth Amendment claims that were fully and fairly litigated in state court, and sufficiency of evidence claims are reviewed for rational trier of fact.
• Brown v. Trigg
  791 F.2d 598· 7th Cir.· 1986-05-28 ·cited 2×
  The court held that the state trial court did not err in excluding psychological evidence regarding the defendant's mental capacity and in admitting testimony from a polygraph examiner hired by the defense.
• Newbury v. Prisoner Review Bd. of the State OF Ill.
  791 F.2d 81· 7th Cir.· 1986-05-19 ·cited 2×·via Writ Of Habeas Corpus
  The Due Process Clause does not require all members of a parole board panel who voted on an inmate's application to be present at the inmate's parole hearing.
• Chairez v. United States Immigr. & Naturalization Serv.
  790 F.2d 544· 6th Cir.· 1986-05-16 ·cited 2×
  8 U.S.C. § 1357 does not create an implied private cause of action for damages for aliens alleging wrongful detention, as Congress provided specific remedies like habeas corpus.
• Staatz v. Dupnik
  789 F.2d 806· 9th Cir.· 1986-05-15 ·cited 2×
  A defendant is bound by counsel's decision to seek post-conviction relief, and a retrial after a conviction is reversed due to such a petition does not violate double jeopardy protections.
• Wisecup v. Elton Floyd James
  790 F.2d 841· 11th Cir.· 1986-05-12 ·cited 2×
  The district court's January 8 order was vacated for want of jurisdiction because the notice of appeal divested the court of jurisdiction to enter that order.
• Justine Justus Okot v. Callahan
  788 F.2d 631· 9th Cir.· 1986-04-29 ·cited 2×
  The court held that the district court erred in denying removal, and should have remanded the case to state court, but correctly dismissed the habeas petition.
• Zamora v. Wainwright
  637 F. Supp. 439· S.D. Fla.· 1986-04-28 ·cited 2×
  The court held that the petitioner failed to demonstrate ineffective assistance of counsel, as his trial attorney's performance did not fall below the constitutional standard and did not create an actual conflict of interest that adversely affected the defense.
• Bradwell v. The Honorable Charles D. McCLURE
  488 So. 2d 566· Fla. 1st DCA· 1986-04-25 ·cited 2×
  Willie Bradwell sought habeas corpus relief challenging his pretrial detention on charges of sexual abuse of a child. The Florida appellate court granted the writ, holding that the trial court's detention order failed to comply with statutory requirements because it did not find
• WAY v. Louie L. Wainwright
  786 F.2d 1095· 11th Cir.· 1986-04-15 ·cited 2×
  The court held that the petitioner's claims were procedurally barred or waived, and the evidence was sufficient for premeditated murder.
• Batiste v. Blackburn
  786 F.2d 704· 5th Cir.· 1986-04-09 ·cited 2×
  The court held that a jury instruction relieving the state of proving the element of a dangerous weapon in an armed robbery charge violates the defendant's due process rights.
• Smart v. Scully
  787 F.2d 816· 2d Cir.· 1986-04-07 ·cited 2×
  The Court of Appeals held that the appellant's failure to include sworn allegations in his pro se motion to withdraw his guilty plea did not constitute a procedural default under Wainwright v. Sykes, as the state had no substantial interest in denying him the opportunity to reple
• Moore v. State
  485 So. 2d 1368· Fla. 1st DCA· 1986-04-03 ·cited 2×·via Habeas Corpus Relief
  Carlos Moore, convicted of armed robbery in 1973, was denied his right to appellate review due to his trial counsel's failure to file assignments of error or pursue an Anders appeal, which prevented him from obtaining trial transcripts necessary for appeal. The court found this c
• Mathis v. Louie L. Wainwright
  484 So. 2d 96· Fla. 1st DCA· 1986-03-06 ·cited 2×
  The Florida First District Court of Appeal denied appellee's motion to dismiss an appeal from a circuit court's summary denial of a habeas corpus petition, holding that the circuit court had subject matter jurisdiction to entertain the petition despite the appellant being incarce
• Duffel v. Dutton
  785 F.2d 131· 6th Cir.· 1986-03-05 ·cited 2×
  The Double Jeopardy Clause does not prohibit a second trial for habitual criminal status when the first sentence was vacated due to a trial court's erroneous exclusion of evidence that would have cured the insufficiency. Additionally, Tennessee's habitual criminal statutes do not
• Warren v. Louie L. Wainwright
  483 So. 2d 820· Fla. 3d DCA· 1986-02-25 ·cited 2×
  Habeas corpus petition denied where petitioner failed to demonstrate ineffective assistance of appellate counsel because the statute of limitations issue was meritless and any absence during jury questioning caused no prejudice.
• Roscoe Cotton v. Armontrout
  784 F.2d 320· 8th Cir.· 1986-02-18 ·cited 2×
  The court held that suggestive pretrial identification procedures did not create a substantial likelihood of irreparable misidentification, and the jury was adequately instructed on eyewitness identification.
• Lockett v. Montemango
  784 F.2d 78· 2d Cir.· 1986-02-14 ·cited 2×
  Jeopardy does not attach in a New York pretrial insanity plea proceeding where the defendant does not risk conviction, allowing the state to vacate the plea and recommence criminal proceedings.
• Moore v. O.L. McCOTTER
  781 F.2d 1089· 5th Cir.· 1986-02-03 ·cited 2×·via Federal Habeas Corpus
  The court held that under Texas law, a state district court had valid jurisdiction to indict and convict a former juvenile after he reached adulthood, even if the offense was committed as a juvenile and juvenile proceedings were initiated, thus the enhanced sentence was valid.
• Grover John Moran v. Blackburn
  781 F.2d 444· 5th Cir.· 1986-01-28 ·cited 2×
  The court held that the district court's finding that Moran's confession was voluntary was not clearly erroneous, and therefore affirmed the dismissal of his habeas corpus petition.
• Caldwell v. Hoyt C. Cupp
  781 F.2d 714· 9th Cir.· 1986-01-24 ·cited 2×
  A state prisoner cannot obtain federal habeas corpus relief on Fourth Amendment grounds if the state provided an opportunity for a full and fair litigation of the claim, even if the trial court did not articulate specific findings of fact.
• Busby v. Holt
  781 F.2d 1475· 11th Cir.· 1986-01-23 ·cited 2×
  The court held that the petitioner was not prejudiced by the prosecutor calling a witness who invoked his Fifth Amendment right to remain silent, as other evidence already established the inferences the prosecution sought.
• Alcorn v. Smith
  781 F.2d 58· 6th Cir.· 1986-01-09 ·cited 2×
  The court held that a district court must grant a hearing to determine if there was cause and prejudice to justify a procedural default, particularly when the claim involves a fundamental right like sufficiency of evidence or ineffective assistance of counsel.
• Bond v. Procunier
  780 F.2d 461· 4th Cir.· 1986-01-02 ·cited 2×·via Habeas Corpus Relief
  The district court erred in dismissing the petition without an evidentiary hearing, as the allegations of suppressed exculpatory evidence were specific enough to warrant a hearing and potentially alter the trial outcome.
• Dixson v. Quarles
  781 F.2d 534· 6th Cir.· 1985-12-26 ·cited 2×
  The court held that the petitioner failed to demonstrate an actual conflict of interest or actual prejudice to her defense, as required by Strickland v. Washington.
• Lennon Williford v. Young
  779 F.2d 405· 7th Cir.· 1985-12-18 ·cited 2×
  The court held that the district court correctly denied the habeas corpus petition because the state trial court's failure to instruct on a lesser included offense, the alleged ineffective assistance of counsel, and the jury instructions on intoxication did not violate due proces
• Gayle v. Scully
  779 F.2d 802· 2d Cir.· 1985-12-12 ·cited 2×
  The court held that the trial judge's excessive bias and intrusion deprived the defendant of a fair trial.
• Deloach v. Louie L. Wainwright
  777 F.2d 1524· 11th Cir.· 1985-12-12 ·cited 2×
  The court held that the appellant's conviction and sentence for both felony murder and the underlying felony did not violate the Double Jeopardy Clause, as interpreted by Florida law.
• Willy Sidney v. Howerton
  777 F.2d 1490· 11th Cir.· 1985-12-11 ·cited 2×
  The court held that the INS has broad discretion in parole decisions and can deny parole for a facially legitimate and bona fide reason, such as the alien's likelihood to abscond.
• Uziel v. J.T. Hadden
  779 F.2d 4· 2d Cir.· 1985-12-10 ·cited 2×
  The court held that a district court should not dismiss a habeas corpus petition for unexhausted administrative remedies that arose after the petition was filed.
• Louis v. Nelson
  624 F. Supp. 836· S.D. Fla.· 1985-12-06 ·cited 2×
  The court held that plaintiffs were entitled to attorneys' fees, costs, and expenses under the Equal Access to Justice Act (EAJA) for their successful litigation of the Administrative Procedure Act (APA) claim, but the award would be reduced to account for the government's substa
• Bronston v. Rees
  773 F.2d 742· 6th Cir.· 1985-10-04 ·cited 2×
  The court held that the defendant's conviction for armed assault and malicious shooting was supported by sufficient evidence under the Jackson v. Virginia standard, allowing a rational trier of fact to find all essential elements beyond a reasonable doubt.
• Brown v. Louie L. Wainwright
  772 F.2d 780· 11th Cir.· 1985-09-30 ·cited 2×
  A federal court granting a writ of habeas corpus must explain why the statutory presumption of correctness of state court findings does not apply. The district court's order granting the writ is vacated and remanded for specific findings.
• Busby v. Holt
  771 F.2d 1461· 11th Cir.· 1985-09-24 ·cited 2×
  The court held that the prosecutor's misconduct in calling a witness who intended to invoke the Fifth Amendment, and the trial court's error in permitting this, constituted a constitutional violation that was not harmless error.
• Bean v. R.L. Dugger and T.N. Bigham
  475 So. 2d 729· Fla. 1st DCA· 1985-09-12 ·cited 2×
  Leonard Bean, a Florida prison inmate in administrative confinement, appealed the summary denial of his habeas corpus petition claiming he was denied notice and an opportunity to be heard at his reclassification hearing. The appellate court reversed, holding that Florida law guar
• Sterling Williams v. A.L. Lockhart
  772 F.2d 475· 8th Cir.· 1985-09-12 ·cited 2×
  The court held that the district court erred in failing to expressly consider all claims raised in the habeas petition, requiring a remand for further proceedings.
• United States v. Price
  773 F.2d 1526· 11th Cir.· 1985-09-10 ·cited 2×·via Writ Of Habeas Corpus
  The court denied the defendant's motion for release pending appeal and petitions for extraordinary writs because the issues were premature and had not yet been finally determined by the district court.
• Roesch v. L.L. Wainwright
  474 So. 2d 1263· Fla. 1st DCA· 1985-09-05 ·cited 2×
  Roesch, a state prisoner, appealed the denial of his habeas corpus petition challenging six disciplinary reports received during his confinement. The court affirmed the denial regarding four disciplinary reports but reversed and remanded for an evidentiary hearing on two reports
• United States ex rel. Robert Lee Holleman v. Duckworth
  770 F.2d 690· 7th Cir.· 1985-08-16 ·cited 2×
  The court held that the petitioner waived his argument regarding the post-transfer delay violating the Interstate Agreement on Detainers by failing to raise it in state appellate court.
• Bonfiglio v. Hodden
  770 F.2d 301· 2d Cir.· 1985-08-08 ·cited 2×
  The court held that a nunc pro tunc modification of a predicate felony conviction to a misdemeanor does not retroactively validate a firearms conviction obtained while the felony conviction was outstanding.