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

• 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.
• Jones v. Weldon
  690 F.2d 835· 11th Cir.· 1982-11-01 ·cited 2×·via Habeas Corpus Relief
  The court held that a prosecutor's refusal to stipulate to the admissibility of polygraph evidence does not violate a defendant's constitutional rights when the state rule merely allows parties to waive objection to inadmissible evidence, rather than creating a substantive right
• Streater v. Delbert Jackson
  691 F.2d 1026· D.C. Cir.· 1982-10-29 ·cited 2×
  The court held that the District Court erred in dismissing the habeas corpus petition without first allowing the D.C. Court of Appeals an opportunity to rule on the merits of the ineffective assistance of counsel claim.
• Ortiz v. Duckworth
  692 F.2d 39· 7th Cir.· 1982-10-28 ·cited 2×
  The court concurred in the result because defense counsel failed to object to the jury charge, despite the charge being potentially prejudicial.
• Goolsby v. Hutto
  691 F.2d 199· 4th Cir.· 1982-10-22 ·cited 2×
  Jeopardy attaches in a non-jury trial when the first witness is sworn, even if no evidence is presented.
• Zeigler v. Louie L. Wainwright
  421 So. 2d 1· Fla.· 1982-10-18 ·cited 2×·via Writ Of Habeas Corpus
  The court denied the petition for a writ of habeas corpus and the application for a stay of execution.
• Dennis v. Solem
  690 F.2d 145· 8th Cir.· 1982-10-14 ·cited 2×
  The district court did not err in vacating the writ of habeas corpus because the state remedied the constitutional violation by providing a rehearing with findings of fact.
• Abrahams v. Rodgers
  691 F.2d 87· 2d Cir.· 1982-10-07 ·cited 2×
  The court held that a subsequently imposed sentence cannot retroactively affect the aggregation of prior sentences for good-time computation under 18 U.S.C. § 4161.
• Shufty v. State
  419 So. 2d 1171· Fla. 2d DCA· 1982-10-01 ·cited 2×·via Habeas Corpus Petition
• Pappageorge v. Sumner
  688 F.2d 1294· 9th Cir.· 1982-09-29 ·cited 2×
  The petitioner has not exhausted his state remedies because his federal claim of ineffective assistance of counsel was materially broader than the claim presented to the state courts.
• Fletcher Shaw v. Estelle
  686 F.2d 273· 5th Cir.· 1982-09-20 ·cited 2×·via Habeas Corpus Relief
  The court held that the inadvertent use of the wrong heroin packet at trial, without prosecution knowledge or material impact, did not violate due process or fundamental fairness, and thus did not warrant habeas relief.
• Grady v. Crispus NIX
  688 F.2d 73· 8th Cir.· 1982-09-15 ·cited 2×
  The court held that the inmate's habeas corpus application must be denied because he failed to exhaust his state remedies.
• Ellison v. DE LA Rosa
  685 F.2d 959· 5th Cir.· 1982-09-13 ·cited 2×·via Habeas Corpus Relief
  The court held that a section 1983 action against appointed counsel for ineffective assistance of counsel fails because such counsel does not act under color of state law.
• Bryant v. Cherry
  687 F.2d 48· 4th Cir.· 1982-09-10 ·cited 2×·via Habeas Corpus Review
  A guilty plea remains voluntary and intelligent even if the trial court fails to inform the defendant of a mandatory minimum sentence, if the defendant was aware of the plea agreement and reasonably expected a sentence at or above the mandatory minimum.
• Hartung v. Omodt
  687 F.2d 1230· 8th Cir.· 1982-09-08 ·cited 2×
  The court held that the juvenile court's reference hearing was not an adjudicatory hearing, thus jeopardy did not attach, and the appellant validly waived any double jeopardy claims. The court also found no enforceable bargain existed.
• In re the Application of Robert Bergen v. Carson
  417 So. 2d 1080· Fla. 1st DCA· 1982-08-06 ·cited 2×
  Robert Bergen appeals the denial of his habeas corpus petition seeking discharge under 18 U.S.C. § 3182, which permits discharge of fugitives if no agent appears within thirty days of arrest. The Florida appellate court affirms the denial, holding that the thirty-day period runs
• In re the Application of Kenneth Bergen v. Carson
  417 So. 2d 1081· Fla. 1st DCA· 1982-08-06 ·cited 2×
  Kenneth Bergen appealed the denial of his habeas corpus petition, claiming he was entitled to discharge under 18 U.S.C. § 3182 because thirty days had elapsed since his arrest on a fugitive warrant. The Florida District Court of Appeal affirmed the denial, holding that the thirty
• Helm v. Solem
  684 F.2d 582· 8th Cir.· 1982-08-04 ·cited 2×
  A life sentence without parole for uttering a $100 "no account" check, even as an habitual offender, constitutes cruel and unusual punishment when the offender's crimes are linked to alcoholism and lack violent history.
• Steele v. Wainwright
  419 So. 2d 657· Fla. 1st DCA· 1982-07-16 ·cited 2×
• Neal v. Dir., Dist. of Columbia Dep't of Corr.
  684 F.2d 17· D.C. Cir.· 1982-07-13 ·cited 2×
  The district court erred in dismissing the habeas corpus petition based on exclusive D.C. court jurisdiction under D.C. Code § 23-110, as that statute applies only to challenges to the sentence itself, not to the procedures for prisoner transfers.
• Smith v. State
  416 So. 2d 510· Fla. 5th DCA· 1982-07-07 ·cited 2×
  The court, in a special concurrence, suggests that a criminal defendant should not be deprived of an appeal due to attorney negligence in filing the notice of appeal.
• Denard v. Louie L. Wainwright
  418 So. 2d 280· Fla. 5th DCA· 1982-06-30 ·cited 2×
  Petitioner Denard sought habeas corpus relief after his direct appeal was dismissed for untimely filing, arguing he was deprived of his right to appeal by state action. The court held that under Baggett v. Wainwright, the defendant bears the initial responsibility to timely notif
• Preston v. Seay
  684 F.2d 172· 1st Cir.· 1982-06-29 ·cited 2×
  The court affirmed the denial of the habeas corpus petition, holding that the petitioner's 'solid default' constituted a waiver of his right to a jury trial under the challenged statute.
• Brown v. Warden, Great Meadow Correctional Facility
  682 F.2d 348· 2d Cir.· 1982-06-23 ·cited 2×
  The court held that New York's requirement for the prosecution to prove a defendant's mental competency to stand trial by a preponderance of the evidence satisfies due process.
• Ignatizo Giuliano v. Louie Wainwright
  416 So. 2d 1180· Fla. 4th DCA· 1982-06-23 ·cited 2×
  Petitioner Giuliano sought habeas corpus relief claiming his appellate conviction was infirm because Judge Glickstein, who sat on the appellate panel affirming his conviction in one case, had previously represented a prosecution witness in a separate trial. The court denied the p
• Ramirez v. Estelle
  678 F.2d 604· 5th Cir.· 1982-06-18 ·cited 2×
  The court held that the petitioner waived his constitutional claim by failing to move for a continuance, and the absence of the witness's testimony did not result in prejudice.
• Lewis v. Duckworth
  680 F.2d 508· 7th Cir.· 1982-06-11 ·cited 2×
  The court held that the denial of a motion for a transcript and counsel was proper based on the defendant's fugitive status at the time of the denial, even if he was later returned to custody.
• Podlaski v. Butterworth
  677 F.2d 8· 1st Cir.· 1982-04-28 ·cited 2×
  The court held that the appellant was not in custody when questioned by police, and therefore Miranda warnings were not required.
• Shriner v. Wainwright
  570 F. Supp. 766· N.D. Fla.· 1982-04-20 ·cited 2×
  The court denied the petition for a writ of habeas corpus and the application for a stay of execution, finding no constitutional violations in the petitioner's conviction or sentence.
• Sparkman v. Estelle
  672 F.2d 559· 5th Cir.· 1982-04-09 ·cited 2×
  The court held that the admission of reputation testimony, even if derived from an investigation related to a prior conviction later overturned for ineffective assistance of counsel, did not violate due process and was not 'fruit of the poisonous tree' because the connection was
• Seltzer v. Ashcroft
  675 F.2d 184· 8th Cir.· 1982-04-07 ·cited 2×
  The court held that the district court should stay the civil rights action pending the outcome of the plaintiff's criminal appeal and consider issues of prosecutorial immunity.
• Turner Thomas v. Anderson
  675 F.2d 781· 6th Cir.· 1982-03-22 ·cited 2×
  Even if jury instructions were constitutionally infirm, any error was harmless because the assailant's intent was not in issue and the facts provided ample evidence of intent.
• Shayne Allen ROY v. Watson
  669 F.2d 611· 9th Cir.· 1982-03-01 ·cited 2×
  The imposition of consecutive sentences for separate crimes is permissible even without specific statutory authorization, as it does not violate due process or separation of powers.
• Artway v. Pallone
  672 F.2d 1168· 3d Cir.· 1982-02-17 ·cited 2×
  The federal district court properly dismissed the civil rights complaint, as federal courts are generally precluded from interfering with state criminal proceedings and the plaintiff's claims are primarily cognizable through federal habeas corpus after exhausting state remedies.
• State v. Freddy Duane Blakley
  410 So. 2d 559· Fla. 4th DCA· 1982-02-10 ·cited 2×
  The state's appeal from the order vacating the judgment was not frivolous, and therefore the time spent on appeal should not count against the state for speedy trial purposes.
• Anderson v. Warden, Maryland Penitentiary
  670 F.2d 1339· 4th Cir.· 1982-02-09 ·cited 2×
  The dissenting judge argues that the trial court's conduct in pressuring alibi witnesses to change their testimony constituted a constitutional error that was not harmless.
• Purnell v. Fla. Parole & Prob. Comm'n
  409 So. 2d 1122· Fla. 1st DCA· 1982-02-09 ·cited 2×
  Andrew Purnell sought a writ of habeas corpus claiming he was entitled to immediate release based on a presumptive parole release date (PPRD) of June 2, 1981, because the Florida Parole and Probation Commission failed to notify him of his PPRD within 45 days of his initial parole
• Soto v. State
  409 So. 2d 1123· Fla. 3d DCA· 1982-02-09 ·cited 2×·via Writ Of Habeas Corpus
  Rogelio Soto challenges an extradition order to Virginia on habeas corpus grounds, arguing the Virginia indictment failed to allege he committed an act in Florida that resulted in a crime in Virginia, as required by Florida's extradition statute. The court reverses and grants the
• United States ex rel. Sylvester Henderson v. Morris
  670 F.2d 699· 7th Cir.· 1982-02-05 ·cited 2×
  The court held that modifying consecutive sentences to concurrent sentences to conform to a new statutory limitation on aggregate minimum terms did not violate the petitioner's constitutional rights.
• Gentric Hicks v. Scurr
  671 F.2d 255· 8th Cir.· 1982-02-05 ·cited 2×·via Federal Habeas Corpus
  The court held that the admission of potentially misleading fingerprint probability testimony, while erroneous, did not rise to the level of a due process violation requiring federal habeas corpus relief, especially given the other evidence presented.
• United States v. Mizell
  667 F.2d 1247· 7th Cir.· 1982-01-14 ·cited 2×·via Habeas Corpus Review
  The court held that a rational trier of fact could find beyond a reasonable doubt that the defendant possessed more than 500 grams of cannabis, even if the substance included immature stalks or was weighed with some soil.
• Webster v. Frey
  665 F.2d 88· 6th Cir.· 1981-11-25 ·cited 2×
  A federal court should not entertain a habeas corpus petition alleging double jeopardy if the petitioner has not first presented the claim to the state courts.
• Stephen Kenneth MacKey # 040811 v. Gonzalez
  662 F.2d 712· 11th Cir.· 1981-11-23 ·cited 2×
  The court vacated the district court's dismissal order and remanded for clarification regarding the exhaustion of state remedies.
• Holifield v. Davis
  662 F.2d 710· 11th Cir.· 1981-11-23 ·cited 2×
  The court held that the petitioner's claims regarding mistaken identification, denial of voir dire, witness's use of 'mug shots,' and illegal arrest did not rise to the level of constitutional error.
• Douglas v. Long
  661 F.2d 747· 9th Cir.· 1981-11-16 ·cited 2×·via Federal Habeas Corpus
  The concurring judge agrees with the majority's outcome because the issue is state procedure without federal constitutional implications or demonstrated prejudice.
• Terry v. State
  404 So. 2d 1154· Fla. 5th DCA· 1981-10-21 ·cited 2×
  Roland Terry sought habeas corpus relief alleging ineffective assistance of appellate counsel in his original appeal of his armed robbery and kidnapping conviction. The court denied relief, finding that Terry failed to meet the established burden of proving specific deficiencies
• Agrella v. The Honorable Leonard Rivkind
  404 So. 2d 1113· Fla. 3d DCA· 1981-10-09 ·cited 2×
  The court held that the trial judge did not abuse discretion in denying bail pending appeal of a civil contempt judgment for refusing to testify before a grand jury.
• McNARY v. Sowders
  660 F.2d 703· 6th Cir.· 1981-10-02 ·cited 2×
  The Sixth Circuit held that the district court erred by failing to apply the presumption of correctness required by 28 U.S.C. § 2254(d) to the state court's factual findings regarding eyewitness identification reliability.
• United States ex rel. Larry Fulton v. Franzen
  659 F.2d 741· 7th Cir.· 1981-08-26 ·cited 2×
  The court held that the petitioner's conviction was not barred by double jeopardy and that his collateral estoppel claim was procedurally barred due to failure to object in the lower courts. The Fourth Amendment claim was also denied.
• Pador v. Matanane
  653 F.2d 1277· 9th Cir.· 1981-08-17 ·cited 2×
  A petitioner for a writ of habeas corpus in Guam must exhaust territorial remedies before the District Court will entertain the petition, even if the claim arises under the U.S. Constitution.