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

• Resendez v. McKASKLE
  722 F.2d 227· 5th Cir.· 1984-01-12 ·cited 2×·via Federal Habeas Corpus
  The court held that the district court erred in dismissing the habeas petition for failure to exhaust state remedies without indicating judicial notice of relevant briefs and erred in dismissing for abuse of the writ without affording the petitioner an opportunity to respond.
• Terry v. J.J. Enomoto
  723 F.2d 697· 9th Cir.· 1984-01-12 ·cited 2×
  The court held that a habeas corpus petitioner's procedural default in failing to assert a claim to seized property in a timely manner, and the resulting prejudice to the state, bars federal habeas relief.
• Mathes v. Pierpont
  725 F.2d 77· 8th Cir.· 1984-01-11 ·cited 2×
  The court held that the State of Oklahoma did not waive its jurisdiction over the appellant by releasing a detainer and failing to file another for several years, as the delay did not rise to the level of gross negligence required for waiver.
• Brantley v. McKASKLE
  722 F.2d 187· 5th Cir.· 1984-01-03 ·cited 2×
  The federal court must defer to state court findings of fact unless clearly erroneous, but may independently review conclusions of law regarding confession voluntariness.
• Yancey v. Jacquetta Alexander
  724 F.2d 93· 8th Cir.· 1983-12-30 ·cited 2×
  The court held that the plaintiff failed to allege the requisite injury from the defendant's actions, thus affirming the dismissal of his section 1983 action.
• THE Fla. BAR. In re Amendment TO Rules OF App. Procedure (9.140) (Appeal Proceedings in Crim. Cases)
  443 So. 2d 972· Fla.· 1983-12-15 ·cited 2×
  The Florida Supreme Court amended Rule 9.140 of the Florida Rules of Appellate Procedure to authorize the state to appeal sentences imposed outside sentencing guidelines ranges, addressing a gap created by new sentencing guideline legislation effective October 1, 1983.
• Liberto v. Emery
  724 F.2d 23· 2d Cir.· 1983-12-13 ·cited 2×
  The court held that the extradition request was timely filed, even though it was one day late, because the final day fell on a legal holiday. The court also found that the offenses were extraditable and that any delay in conveyance was caused by the petitioner's own actions.
• Alexander v. United States Parole Comm'n
  721 F.2d 1223· 9th Cir.· 1983-12-13 ·cited 2×
  The court held that the district court erred in dismissing the petition without an evidentiary hearing, as sufficient facts were alleged to show a due process violation in the disciplinary hearing and potential prejudice.
• Webster v. Engle
  721 F.2d 566· 6th Cir.· 1983-11-21 ·cited 2×·via Habeas Corpus Relief
  The court held that the district court improperly granted habeas corpus relief because the appellee's substantive claims were procedurally barred by his failure to comply with Ohio's contemporaneous objection rule, and he failed to demonstrate cause and prejudice for this default
• Donnie Long v. McKEEN
  722 F.2d 286· 6th Cir.· 1983-11-16 ·cited 2×
  The court held that a petitioner's claim of ineffective assistance of counsel due to failure to object to jury instructions does not constitute sufficient 'cause' to overcome a procedural default under Wainwright v. Sykes.
• Christian v. Housewright
  721 F.2d 240· 8th Cir.· 1983-11-16 ·cited 2×
  The court held that while the trial court erred in failing to provide a limiting instruction regarding prior convictions, this error was harmless. Additionally, the court found no ineffective assistance of counsel or actual conflict of interest arising from joint representation.
• Bennie R. Thompson v. Smith
  719 F.2d 938· 8th Cir.· 1983-10-27 ·cited 2×
  The court held that claims regarding conviction validity must be addressed to the sentencing court, claims about conditions of confinement are moot due to transfer, and claims for money damages require exhaustion of administrative remedies.
• Logan v. Scheffler
  441 So. 2d 666· Fla. 3d DCA· 1983-10-18 ·cited 2×
  Logan was held in contempt for failing to file estate accounting and return estate records as ordered. He was released from jail by posting a $100,000 bond conditioned on future compliance, but failed to comply within the deadline. On appeal, Logan challenged the bond forfeiture,
• Sherwood v. Honorable Wendell H. Tomkins
  716 F.2d 632· 9th Cir.· 1983-09-20 ·cited 2×
  The federal court dismissed the petition for a writ of habeas corpus because the petitioner failed to exhaust his state remedies, as his state appeal was still pending.
• Louis v. Nelson
  570 F. Supp. 1364· S.D. Fla.· 1983-09-15 ·cited 2×
  The court held that plaintiffs failed to establish irreparable harm to justify enjoining exclusion proceedings and deportation, but granted a motion for 72 hours notice prior to deportation.
• Hilary Davis v. Page
  714 F.2d 512· 5th Cir.· 1983-09-15 ·cited 2×
  The court held that the plaintiff's claim against the state judges for declaratory and injunctive relief never presented a case or controversy because the underlying dependency proceeding had concluded, rendering the claim moot.
• O'Guin v. Foltz
  715 F.2d 397· 6th Cir.· 1983-09-01 ·cited 2×·via Habeas Corpus Relief
  The court held that the petitioner's claims lacked merit and affirmed the denial of habeas corpus relief.
• Baldwin v. Maggio
  715 F.2d 152· 5th Cir.· 1983-09-01 ·cited 2×
  The court denied the stay of mandate because there was no reasonable probability that the Supreme Court would grant certiorari or reverse the decision.
• In re United States v. Schultz
  713 F.2d 105· 5th Cir.· 1983-08-16 ·cited 2×
  The court held that the district court erred in granting habeas corpus relief based on a misapprehension of the extradition statutes and the duties of the court and the Secretary of State.
• Johnson v. R.V. Turner
  436 So. 2d 291· Fla. 4th DCA· 1983-08-03 ·cited 2×·via Writ Of Habeas Corpus
• Souza v. Ellerthorpe
  712 F.2d 1529· 1st Cir.· 1983-08-03 ·cited 2×
  The court held that the state trial court's refusal to disclose a confidential informant's identity and its supplemental jury instructions did not deny the petitioner a fair trial.
• Runnels v. Hess
  713 F.2d 596· 10th Cir.· 1983-07-29 ·cited 2×
  The court should find cause for the procedural default and grant relief, as the circumstances demonstrate a fundamental miscarriage of justice.
• Stewart v. Mo. Bd. OF Prob.
  712 F.2d 378· 8th Cir.· 1983-07-25 ·cited 2×
  The federal district court did not err in dismissing Stewart's habeas corpus petition.
• THE Fla. BAR. In re Rules OF Crim. Procedure 3.130 (Bail Bond)
  436 So. 2d 60· Fla.· 1983-07-21 ·cited 2×
  The Florida Supreme Court adopted amended and new Rules of Criminal Procedure 3.130, 3.131, and 3.132 governing bail and pretrial release, implementing a 1982 constitutional amendment to article I, section 14 of the Florida Constitution and section 907.041 of the Florida Statutes
• Mokone v. Fenton
  710 F.2d 998· 3d Cir.· 1983-06-30 ·cited 2×
  A challenge to an out-of-state conviction under the Interstate Agreement on Detainers must be brought as a habeas corpus petition, and remedies must be exhausted in the courts of the state that issued the conviction.
• Payne v. Scottie Burns
  707 F.2d 1302· 11th Cir.· 1983-06-23 ·cited 2×·via Writ Of Habeas Corpus
  The court held that the defendants did not violate the prisoner's federal rights by failing to bring him before a judge to set a time for a habeas corpus petition when the prisoner, with counsel, elected not to pursue such a petition.
• Isaacs v. Zant
  709 F.2d 634· 11th Cir.· 1983-06-21 ·cited 2×
  The court held that a limited remand for an evidentiary hearing on the change of venue issue was required due to nearly identical facts to a companion case.
• J. Michael Geiger, Jr., M.D. v. United States
  707 F.2d 157· 5th Cir.· 1983-06-13 ·cited 2×
  The court held that equitable relief was inappropriate for a military pay dispute, and the plaintiff had an adequate legal remedy in another forum.
• Greene v. Massey
  706 F.2d 548· 5th Cir.· 1983-06-06 ·cited 2×
  The dissenting judge believes the prior decision was clearly erroneous and would work a manifest injustice, thus creating an exception to the law of the case doctrine.
• Hamm v. Jabe
  706 F.2d 765· 6th Cir.· 1983-05-10 ·cited 2×
  A trial court's declaration of a mistrial due to the defendant's manifest incompetence to stand trial, even without the defendant's consent, does not bar retrial on double jeopardy grounds.
• Cruz v. Alexander
  708 F.2d 31· 2d Cir.· 1983-05-02 ·cited 2×
  The court held that the state's denial of wiretapping was insufficient and a further inquiry was warranted due to new evidence and incomplete prior denials.
• Hinsley v. Rose
  705 F.2d 863· 6th Cir.· 1983-04-28 ·cited 2×
  The court affirmed the district court's dismissal of the habeas corpus petition, upholding the constitutionality of the Tennessee Habitual Drug Offender statute.
• Corso v. Petrovsky
  704 F.2d 424· 8th Cir.· 1983-04-19 ·cited 2×
  The court held that the Bureau of Prisons' interpretation of its regulations regarding financial obligations for custody classification was reasonable and not an abuse of discretion.
• Leiterman v. Rushen
  704 F.2d 442· 9th Cir.· 1983-04-19 ·cited 2×
  Federal habeas corpus relief is not available for excessive police violence if it did not causally contribute to the conviction.
• Daizi v. Fla. Parole & Prob. Comm'n
  436 So. 2d 171· Fla. 4th DCA· 1983-04-13 ·cited 2×·via Habeas Corpus Petition
  Raul Daizi petitioned for habeas corpus challenging the Parole and Probation Commission's assignment of his presumptive parole release date (PPRD). The Fourth District Court of Appeal, treating the petition as one for mandamus, upheld the Commission's authority to aggravate Daizi
• Brooks v. W.J. Estelle, Jr.
  702 F.2d 84· 5th Cir.· 1983-04-07 ·cited 2×
  The appeal is dismissed as moot because the petitioner has been executed.
• Milstead v. Rison
  702 F.2d 216· 11th Cir.· 1983-04-04 ·cited 2×
  Texas did not waive jurisdiction over Milstead by transferring him to federal custody, and his constitutional rights were not violated.
• Vince Cavallaro v. Wyrick
  701 F.2d 1273· 8th Cir.· 1983-03-22 ·cited 2×
  The failure of a state to provide a prisoner with a pretransfer hearing and the right to counsel under the Interstate Agreement on Detainers, when seeking temporary custody, is a violation cognizable under federal habeas corpus.
• Felix v. Virgin Islands Gov't
  702 F.2d 54· 3d Cir.· 1983-03-07 ·cited 2×
  The court held that the petitioner's claims of trial error and the applicability of 18 U.S.C. § 4244 were procedurally defaulted and could not be raised in a habeas petition without showing cause and prejudice. The court also found the evidence presented insufficient to warrant a
• Bailey v. Duckworth
  699 F.2d 424· 7th Cir.· 1983-02-14 ·cited 2×
  The state appellate court's decision to grant a petition for rehearing on an issue not previously raised or argued denied the petitioner a full and fair opportunity to litigate that claim.
• DeANGELO v. Strickland
  426 So. 2d 1264· Fla. 1st DCA· 1983-02-14 ·cited 2×
  The court held that the petition for writ of habeas corpus was properly denied because it did not establish a prima facie case of illegal imprisonment.
• Smith v. Maggio
  696 F.2d 365· 5th Cir.· 1983-01-24 ·cited 2×
  The court held that the petitioner's counsel provided reasonably effective assistance and that he was not denied his right to adequate appellate review.
• Powell v. U.S. Bureau OF Prisons
  695 F.2d 868· 5th Cir.· 1983-01-17 ·cited 2×
  Work credits earned in a foreign prison are not a permanent sentence reduction but are akin to good time credits that can be forfeited upon parole violation after transfer to the United States.
• Davidson v. Louie L. Wainwright
  436 So. 2d 134· Fla. 4th DCA· 1983-01-12 ·cited 2×
  Martha Davidson seeks habeas corpus to obtain delayed appellate review after her public defender failed to file a timely notice of appeal. The court granted the petition, allowing delayed appeal proceedings, while certifying important questions to the Florida Supreme Court regard
• Lacy v. A.L. Lockhart
  697 F.2d 271· 8th Cir.· 1983-01-12 ·cited 2×
  The court affirmed the district court's denial of the habeas corpus petition, finding no constitutional violations regarding incriminating statements, in-court identification, sufficiency of evidence, or ineffective assistance of counsel.
• Smith v. A.L. Lockhart
  697 F.2d 267· 8th Cir.· 1983-01-12 ·cited 2×
• Royal v. Wyrick
  694 F.2d 525· 8th Cir.· 1982-12-07 ·cited 2×
  The court affirmed the dismissal of Royal's claims without prejudice, but the concurring judge disagreed with the majority's reasoning on exhaustion of state remedies.
• Pool v. White
  694 F.2d 161· 8th Cir.· 1982-12-02 ·cited 2×
  The court held that the appellant's action was premature because his post-conviction motion had not yet been finally adjudicated.
• Songer v. Louie L. Wainwright
  423 So. 2d 355· Fla.· 1982-12-01 ·cited 2×
  Carl Ray Songer sought habeas corpus relief, claiming he received ineffective assistance from appellate counsel on his direct appeal and resentencing appeal in a capital case. The Florida Supreme Court affirmed the denial of his motion to vacate, finding all of his ineffective as
• Sodders v. Parratt
  693 F.2d 811· 8th Cir.· 1982-12-01 ·cited 2×·via Habeas Corpus Petition
  A voluntary guilty plea waives claims regarding the sufficiency of the information, and a criminal statute is constitutional as applied if it clearly applies to the defendant's conduct.