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

• Evans v. Warden Sam P. Garrison
  657 F.2d 64· 4th Cir.· 1981-08-13 ·cited 2×
  The court held that conditioning parole eligibility on restitution to a law enforcement agency, which is not a victim under state law and was not part of the plea bargain, renders a guilty plea involuntary and unintelligent, violating due process.
• Carroll Eugene Strader v. Allsbrook
  656 F.2d 67· 4th Cir.· 1981-08-05 ·cited 2×
  The court held that the inmate had not exhausted available state remedies by failing to seek review in the North Carolina Supreme Court.
• Fla. Parole & Prob. Comm'n v. August Alby
  400 So. 2d 864· Fla. 4th DCA· 1981-07-15 ·cited 2×·via Writ Of Habeas Corpus
  The court held that the trial court erred in granting the writ of habeas corpus but correctly denied the motion for writ of prohibition.
• Francioni v. Louie L. Wainwright
  650 F.2d 590· 5th Cir.· 1981-07-13 ·cited 2×
  The court held that a mandatory three-year prison term for aggravated assault and firearm use serves a substantial state interest, thus not violating the Eighth Amendment.
• Middleton v. Polk
  399 So. 2d 1105· Fla. 5th DCA· 1981-06-24 ·cited 2×·via Writ Of Habeas Corpus
  A defendant convicted by jury but with adjudication withheld sought habeas corpus relief after bail was revoked for violating a condition requiring him to reside with his father. The Florida appellate court denied the petition, holding that such residency conditions are reasonabl
• State v. Grizzell
  399 So. 2d 1091· Fla. 1st DCA· 1981-06-23 ·cited 2×
  Florida appealed a habeas corpus decision that permanently enjoined it from delivering temporary custody of Grizzell to Tennessee for trial on criminal indictments. The court reversed, holding that Grizzell waived the protection of the Interstate Agreement on Detainers' anti-shut
• White v. Wyrick
  651 F.2d 597· 8th Cir.· 1981-06-17 ·cited 2×
  A federal court properly denied a habeas corpus petition where the petitioner failed to exhaust available state remedies for most of his claims.
• Zacharakis v. Howerton
  517 F. Supp. 1026· S.D. Fla.· 1981-06-12 ·cited 2×
  The court held that the INS operating instruction for deferred action status does not confer a substantive right on aliens, and the District Director's denial of such a request is committed to discretion and not reviewable by the court.
• Sacco v. Falke
  649 F.2d 634· 8th Cir.· 1981-06-03 ·cited 2×
  The court affirmed the denial of habeas corpus, finding that the petitioner had not exhausted state remedies for the Ohio indictment and that claims regarding the detainer's effects were moot.
• Foster v. Strickland
  515 F. Supp. 22· N.D. Fla.· 1981-05-29 ·cited 2×
  The court held that a federal court may grant a stay of execution and conduct an evidentiary hearing if the state court's factual findings are not fairly supported by the record, even if the state court denied a hearing.
• Koski v. Unwar J. Samaha
  648 F.2d 790· 1st Cir.· 1981-05-20 ·cited 2×
  A prosecutor's mere recommendation or threat to recommend a higher sentence in a de novo trial does not constitute prosecutorial vindictiveness violating due process, especially when the defendant proceeds with the trial and the judge ultimately imposes the sentence.
• Durham v. Wyrick
  665 F.2d 185· 8th Cir.· 1981-05-20 ·cited 2×
  The court held that the denial of habeas corpus relief on the grounds of using pardoned convictions and grand jury issues was appropriate, but remanded for consideration of the claim that prior convictions used for enhancement were uncounseled.
• Kenner v. Martin
  648 F.2d 1080· 6th Cir.· 1981-05-12 ·cited 2×
  The court held that the delay in notifying a state parolee of a parole violator's warrant and providing a revocation hearing does not violate due process, even when based on an intervening federal conviction.
• Johnel McCRAY v. Louie L. Wainwright
  397 So. 2d 1220· Fla. 1st DCA· 1981-05-11 ·cited 2×
• Black v. Woods
  651 F.2d 528· 8th Cir.· 1981-03-25 ·cited 2×
  The court held that the prosecution's calling of a witness who refused to testify did not violate due process, nor did the admission of her prior statements violate the Sixth Amendment confrontation clause, as the defendant forfeited that right.
• Sperl v. Deukmejian
  642 F.2d 1154· 9th Cir.· 1981-03-23 ·cited 2×·via Habeas Corpus Relief
  The court held that declaratory relief is unavailable to attack a state criminal conviction and that collateral estoppel bars reconsideration of issues already decided in state habeas corpus proceedings.
• Hixson v. Housewright
  642 F.2d 242· 8th Cir.· 1981-03-04 ·cited 2×
  The court affirmed the denial of the habeas corpus petition, finding sufficient evidence to support the conviction for theft by deception and upholding the constitutionality of the relevant statute.
• Perkins v. LeFEVRE
  642 F.2d 37· 2d Cir.· 1981-02-18 ·cited 2×
  The court held that the district court erred in denying the habeas petition without an evidentiary hearing, as the record was undeveloped regarding the witness's criminal record and the prosecutor's knowledge of false testimony.
• United States v. Luck
  664 F.2d 311· D.C. Cir.· 1981-02-17 ·cited 2×
  The court held that extending a federal sentence to account for time spent out of custody due to escape does not require a hearing, as it is a clerical adjustment, not a punitive forfeiture of good time credits.
• Hawthorne v. Louie L. Wainwright
  396 So. 2d 724· Fla. 1st DCA· 1981-02-16 ·cited 2×
• Antunes v. Cyrus Vance
  640 F.2d 3· 4th Cir.· 1981-02-12 ·cited 2×
  The court held that the district court properly denied the petition for a writ of habeas corpus.
• Nasario D. Martinez, Jr. v. Romero
  640 F.2d 1151· 10th Cir.· 1981-02-09 ·cited 2×
  The court held that the district court must determine if the appellant has exhausted state remedies before proceeding with the habeas corpus petition.
• Little v. Hal Hopkins
  638 F.2d 953· 6th Cir.· 1981-01-21 ·cited 2×
  A federal prisoner must exhaust administrative remedies before seeking habeas corpus relief, even if a parole hearing is imminent.
• MAY v. Wyrick
  635 F.2d 760· 8th Cir.· 1981-01-15 ·cited 2×·via Writ Of Habeas Corpus
  The court affirmed the district court's denial of the habeas corpus application.
• Tully v. Scheu
  637 F.2d 917· 3d Cir.· 1980-12-30 ·cited 2×
  The court held that the state afforded the defendant a meaningful sentence reduction hearing as required by prior mandate, and thus the district court erred in granting habeas corpus relief.
• Perry v. Ralston
  635 F.2d 740· 8th Cir.· 1980-12-29 ·cited 2×
  An appeal filed in forma pauperis, after the district court certifies it is frivolous, must be docketed by the court of appeals, which should then dismiss it with stated reasons, ensuring indigent litigants have the same procedural rights as paid litigants.
• Harris v. Wyrick
  634 F.2d 1152· 8th Cir.· 1980-12-18 ·cited 2×
  The court held that the prosecutor's remarks and conduct during trial were not sufficiently prejudicial to deny the petitioner a fundamentally fair trial.
• United States ex rel. Curtis Houston v. Warden, Stateville Corr. Ctr., & Ill. Prisoner Review Bd.
  635 F.2d 656· 7th Cir.· 1980-12-16 ·cited 2×
  A prisoner serving a determinate sentence is not entitled to greater due process safeguards than those afforded to a prisoner serving an indeterminate sentence before being deprived of good-time credit.
• Beach v. Blackburn
  631 F.2d 1168· 5th Cir.· 1980-12-01 ·cited 2×
  The court held that the district court erred in denying habeas corpus relief without an evidentiary hearing on the claims of involuntary confession and ineffective assistance of counsel.
• Forsythe v. Wille
  396 So. 2d 195· Fla. 4th DCA· 1980-11-14 ·cited 2×
• Hardy v. Callahan
  634 F.2d 646· 1st Cir.· 1980-11-12 ·cited 2×
  The court held that the petitioner failed to demonstrate cause and prejudice for his procedural default in state court, thus precluding federal habeas corpus review.
• Plasencia v. Sureck
  637 F.2d 1286· 9th Cir.· 1980-11-07 ·cited 2×
  The court held that a resident alien's attempt to smuggle illegal aliens into the U.S. constitutes a 'meaningful interruption' of their permanent residence, making them subject to exclusion without a prior criminal conviction.
• Wright v. Bombard
  638 F.2d 457· 2d Cir.· 1980-10-30 ·cited 2×
  Federal habeas corpus review is foreclosed because the petitioner failed to properly raise his constitutional claim in state court, and thus did not meet the cause and prejudice standard required by Wainwright v. Sykes.
• Mitchell v. Superior Court FOR the Cnty. OF Santa Clara
  632 F.2d 767· 9th Cir.· 1980-10-07 ·cited 2×
  A guilty plea does not forfeit the right to federal habeas corpus review of pre-plea constitutional violations if state law permits such an appeal.
• Johnson v. Estelle
  625 F.2d 75· 5th Cir.· 1980-08-29 ·cited 2×
  Habeas corpus relief should be governed by substance over form, and the petitioner's actions indicated they considered the removal proceedings abandoned.
• United States ex rel. John Sullivan v. Cuyler
  631 F.2d 14· 3d Cir.· 1980-08-19 ·cited 2×
  The court remanded the case to the district court for reconsideration of the sufficiency of evidence under the Jackson standard and the issue of actual conflict of interest affecting counsel's performance.
• Satterlee v. Kritzman
  626 F.2d 682· 9th Cir.· 1980-08-15 ·cited 2×·via Habeas Corpus Petition
  The court held that the clerk's eight-month delay in forwarding the district court file did not violate Satterlee's constitutional rights because he lost no substantive rights as a result of the delay.
• Filomeno Sotelo Mondragon v. Immigr. & Naturalization Serv.
  625 F.2d 270· 9th Cir.· 1980-08-11 ·cited 2×
  The court held that it lacked jurisdiction to review the Board of Immigration Appeals' refusal to reopen a deportation order because the alien had previously sought judicial review of the order and the grounds for reopening could have been raised in the prior proceeding.
• Smith v. Hambrick
  637 F.2d 211· 4th Cir.· 1980-08-04 ·cited 2×
  The court held that the Parole Commission sufficiently identified the factor preventing the inmate's release and did not act arbitrarily or capriciously in denying parole.
• Robinson v. Smith
  624 F.2d 54· 6th Cir.· 1980-07-02 ·cited 2×
  The court held that the case must be remanded for an evidentiary hearing to determine if the identification was reliable under the totality of the circumstances.
• Willis v. Garrison
  624 F.2d 491· 4th Cir.· 1980-07-01 ·cited 2×·via Habeas Corpus Relief
  The court held that a pre-trial identification procedure, even if suggestive, is permissible if the identification is reliable under the totality of the circumstances, and that the identification in this case met that standard.
• Shea v. Heggie
  624 F.2d 175· 10th Cir.· 1980-06-30 ·cited 2×
  The court held that the exhaustion requirement of 28 U.S.C. § 2254(b) does not apply when there is no available state corrective process for parole denials.
• F. S. N. v. Joyce
  384 So. 2d 720· Fla. 4th DCA· 1980-06-04 ·cited 2×
  A juvenile petitioner challenged his prosecution as an adult for a burglary charge after voluntarily requesting adult trial status for a prior petit theft charge. The court held that statutory provisions allowing continued adult prosecution of juveniles apply only to transfers ef
• Meggs v. Fair
  621 F.2d 460· 1st Cir.· 1980-05-12 ·cited 2×
  The court held that the petitioner failed to exhaust state remedies for some claims and that the remaining claims did not rise to the level of constitutional error warranting habeas corpus relief.
• Lyndale Walker v. Lockhart
  620 F.2d 683· 8th Cir.· 1980-05-08 ·cited 2×
  The dissenting judge would hold that the second trial was barred by the double jeopardy clause because the mistrial was not justified by manifest necessity and the defendant's right to proceed was denied.
• COX v. Hutto
  619 F.2d 731· 8th Cir.· 1980-04-16 ·cited 2×
  The court held that the State failed to prove Cox was not prejudiced by a defective stipulation of prior convictions, thus affirming the grant of habeas corpus relief.
• Hoadley v. Heggie
  617 F.2d 589· 10th Cir.· 1980-04-03 ·cited 2×
  The court certified a question to the Colorado Supreme Court regarding the availability of state judicial review for parole denials.
• In re the Application of William Sheffield for a Writ of Habeas Corpus v. Cardwell
  621 F.2d 319· 9th Cir.· 1980-03-20 ·cited 2×
  The court held that while the district court had jurisdiction on February 10, the petition was moot because the relief sought had already been granted by another judge.
• Chaudoin v. State
  383 So. 2d 645· Fla. 5th DCA· 1980-03-12 ·cited 2×
  Russell Chaudoin sought post-conviction relief under Rule 3.850, claiming his court-appointed attorney was ineffective for filing a notice of appeal before the trial court ruled on a motion for new trial, thereby waiving his right to appeal the sufficiency of the evidence. The Fi
• Cole v. Wyrick
  615 F.2d 1206· 8th Cir.· 1980-02-26 ·cited 2×
  The court held that the petitioner's consecutive sentences were imposed based on a statute later found unconstitutional, and thus the matter should be remanded for resentencing.