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

• Calloway v. Blackburn
  612 F.2d 201· 5th Cir.· 1980-02-21 ·cited 2×
  The court held that the Louisiana Supreme Court's imposition of a life sentence in lieu of an unconstitutional death penalty was permissible, and the exclusion of defense witnesses who violated sequestration was within the trial court's discretion.
• Foster v. Barbour
  613 F.2d 59· 4th Cir.· 1980-01-14 ·cited 2×
  The court affirmed the grant of a writ of habeas corpus, finding that the prosecutor's repeated cross-examination of the defendant about unconvicted crimes denied him due process. However, the court disagreed with the district court's sentencing conclusions regarding the ex post
• Turner v. Clyde E. Malley (Warden)
  613 F.2d 264· 10th Cir.· 1979-12-28 ·cited 2×
  The court held that denying an indigent defendant a free transcript of a prior mistrial, when the alternative provided was not the substantial equivalent of a transcript, violates the defendant's constitutional rights.
• Pinnon v. Ciccone
  611 F.2d 252· 8th Cir.· 1979-12-20 ·cited 2×
  The court held that the issues raised by the petitioner became moot due to a subsequent parole hearing, and his allegations did not state sufficient facts for relief under 28 U.S.C. § 2255.
• Sanders v. Oliver
  611 F.2d 804· 10th Cir.· 1979-12-20 ·cited 2×
• Jones v. Louie L. Wainwright
  608 F.2d 180· 5th Cir.· 1979-12-12 ·cited 2×
  A petition for habeas corpus should not be dismissed for failure to exhaust state remedies when the petitioner is not asserting unexhausted claims, even if the state contends such claims might be asserted in the future.
• State v. Matrascia
  377 So. 2d 997· Fla. 3d DCA· 1979-12-07 ·cited 2×
  The State of Florida petitioned for a writ of mandamus to vacate a trial court's stay of sentence granted to defendants after denial of their 3.850 motion. The Third District held that a trial judge lacks authority to stay execution of sentences pending appeal of collateral relie
• Kibert v. Blankenship
  611 F.2d 520· 4th Cir.· 1979-12-04 ·cited 2×
  The court held that the district court erred in granting habeas corpus relief, as the petitioner's guilty plea was voluntary and knowingly entered, and he was not denied effective assistance of counsel.
• Zambito v. Reece H. Blair
  610 F.2d 1192· 4th Cir.· 1979-11-26 ·cited 2×
  The Fourth Amendment requires an actual judicial finding of probable cause prior to extradition, but the demanding state's papers need not explicitly state this finding if it was in fact made and the asylum state governor has no substantial basis to doubt it.
• Spencer v. Louie L. Wainwright
  377 So. 2d 38· Fla. 1st DCA· 1979-11-20 ·cited 2×
  Prisoner Spencer, convicted of sexual battery and kidnapping, sought habeas corpus relief claiming double jeopardy based on a prior juvenile waiver hearing. The court held that the hearing was conducted solely on the waiver issue without adjudicating delinquency, so no second jeo
• Makris v. United States Bureau OF Prisons
  606 F.2d 575· 5th Cir.· 1979-11-14 ·cited 2×
  The court held that procedural due process rights do not apply to the classification of an inmate as a Central Monitoring Case (CMC).
• Antonelli v. Ralston
  609 F.2d 340· 8th Cir.· 1979-11-01 ·cited 2×
  The court held that the district court should have stayed proceedings to allow prisoners to seek administrative relief before denying their petition for injunctive relief.
• Rice v. Parratt
  605 F.2d 1091· 8th Cir.· 1979-10-03 ·cited 2×
  The court held that a second federal habeas corpus petition raising issues not previously presented to state courts must first exhaust those state remedies, even if the appellant claims they are ineffective.
• Tully v. Scheu
  607 F.2d 31· 3d Cir.· 1979-09-26 ·cited 2×
  The court held that denying a defendant a hearing on a timely motion for sentence reduction due to court rule time limits, after the hearing was adjourned to obtain substitute counsel, violates the constitutional right to counsel at a critical stage of the proceeding.
• Nelson v. Louie L. Wainwright
  374 So. 2d 1172· Fla. 1st DCA· 1979-09-20 ·cited 2×
  Florida court denied habeas petition challenging forfeiture of gain-time credits earned on a prior completed sentence when inmate was convicted of escape, holding that cumulative sentences are treated as one sentence for gain-time forfeiture purposes under Fla. Stat. § 944.27(2).
• Elliott v. Thompson
  599 F.2d 767· 6th Cir.· 1979-06-11 ·cited 2×
  The court affirmed the district court's denial of the habeas corpus petition, finding the confession voluntary and any Bruton Rule violation to be harmless error.
• Young v. Mabry
  596 F.2d 339· 8th Cir.· 1979-04-20 ·cited 2×
  The court held that the 33-day period during which the petitioner was in federal custody in Arkansas for a federal trial should be excluded from the 180-day speedy trial calculation under the Interstate Agreement on Detainers. The court also agreed that the petitioner suffered no
• Fulford v. Blackburn
  593 F.2d 17· 5th Cir.· 1979-04-16 ·cited 2×
  The court held that a claim of ineffective assistance of counsel based on a plea agreement for an unauthorized sentence is not established without showing prejudice.
• Lacoste v. Blackburn
  592 F.2d 1321· 5th Cir.· 1979-04-12 ·cited 2×
  The court held that the admission of hearsay testimony from an informant, despite the trial court's instructions, did not violate the petitioner's Sixth Amendment right to confrontation because the evidence was not crucial or devastating and other corroborating evidence existed.
• Angelico v. State OF La.
  593 F.2d 585· 5th Cir.· 1979-04-12 ·cited 2×
  The court held that the rules under which the reporter was convicted were unconstitutionally vague as applied to the basement driveway, and that the reporter's actions were not a willful violation of a known prohibition.
• Burkhart v. Stoney Lane
  591 F.2d 333· 6th Cir.· 1979-04-02 ·cited 2×
  The court held that the admission of a co-defendant's redacted confession was harmless error beyond a reasonable doubt, despite violating the Bruton rule.
• Bradley v. Jago
  594 F.2d 1100· 6th Cir.· 1979-03-27 ·cited 2×
  The court held that cross-examination about a defendant's failure to offer an exculpatory explanation before receiving Miranda warnings is permissible impeachment.
• Brady McCULLOUGH v. Estelle
  591 F.2d 1158· 5th Cir.· 1979-03-23 ·cited 2×
  The denial of a petition for a writ of habeas corpus is affirmed, as the applicant failed to establish claims of equal protection violations, manufactured evidence, or prosecutorial misconduct.
• McLELLAND v. State
  368 So. 2d 673· Fla. 1st DCA· 1979-03-22 ·cited 2×
• Welch v. Dist. Court OF Vt. Unit NO. 5
  594 F.2d 903· 2d Cir.· 1979-03-15 ·cited 2×
  The introduction of evidence of a defendant's refusal to take a breathalyzer test does not violate the Fifth Amendment privilege against self-incrimination.
• Thomas v. Estelle
  588 F.2d 170· 5th Cir.· 1979-01-22 ·cited 2×·via Application For Writ Of Habeas Corpus
  The court held that the claim regarding appearance in jail clothing must be remanded for a factual determination of whether an objection was properly made, as this could establish a denial of a fair trial.
• Newman v. Hornsby
  370 So. 2d 1165· Fla. 4th DCA· 1979-01-18 ·cited 2×
• Williams v. State
  370 So. 2d 1164· Fla. 4th DCA· 1979-01-10 ·cited 2×·via Habeas Corpus Petition
  A state prisoner challenged the constitutionality of Florida's Mandatory Conditional Release statute, arguing that early release with parole-like supervision constituted double jeopardy. The court rejected this challenge, holding that the statute does not punish twice but rather
• In re the Extradition of Errol Lloyd Barrett. Errol Lloyd Barrett v. United States
  590 F.2d 624· 6th Cir.· 1978-12-21 ·cited 2×
  The court held that the two-month extradition period began when the commitment order was entered, and that the filing of a habeas corpus petition does not toll this period, especially when no prejudice resulted from the delay.
• Averil Medaries v. Louie L. Wainwright
  584 F.2d 756· 5th Cir.· 1978-11-27 ·cited 2×
  The court held that a federal habeas petition may not be considered until the petitioner has exhausted state remedies for all claims presented.
• Devore v. Blackburn
  584 F.2d 52· 5th Cir.· 1978-11-02 ·cited 2×·via Federal Habeas Corpus
• Lazaro v. United States
  583 F.2d 176· 5th Cir.· 1978-11-02 ·cited 2×
  The court held that the U.S. Parole Commission has jurisdiction to issue a mandatory release violator's warrant even if the original conviction statute did not provide for parole.
• State ex rel. Clark A. Bailey v. Shepard
  584 F.2d 858· 8th Cir.· 1978-10-06 ·cited 2×
  The court held that the Interstate Agreement on Detainers does not preclude the use of traditional extradition procedures when no detainer has been lodged.
• United States ex rel. Arthur Perry v. Cuyler
  584 F.2d 644· 3d Cir.· 1978-09-29 ·cited 2×
  The dissent argues that a judge's attendance at the funeral of a murder victim, followed by presiding over the accused murderer's trial, creates an appearance of impropriety that denies the defendant a fair trial.
• Esquivel v. Estelle
  580 F.2d 814· 5th Cir.· 1978-09-22 ·cited 2×
  The court held that the district court correctly denied Esquivel's habeas corpus petition because his counsel was present at sentencing and he was adequately informed of his right to appeal.
• Bruno v. LaVALLEE
  584 F.2d 590· 2d Cir.· 1978-08-28 ·cited 2×
  The court held that the trial judge's admonition to a witness, though potentially imprudent, did not unconstitutionally taint the subsequent trial and deny the petitioner due process.
• Quarles v. State OF Ala.
  578 F.2d 1148· 5th Cir.· 1978-08-25 ·cited 2×
  The court held that an escaped prisoner's appeal from a habeas corpus order is moot and should be dismissed unless the prisoner is returned to custody within a specified period.
• Showers v. State
  359 So. 2d 928· Fla. 2d DCA· 1978-06-21 ·cited 2×
  Samuel Showers was convicted of assault with intent to commit second degree murder but his appeal was never properly docketed despite filing a notice of appeal. After his appellate counsel withdrew and the appeal languished, Showers filed a habeas corpus petition alleging his rig
• O'Quinn v. Estelle
  574 F.2d 1208· 5th Cir.· 1978-06-12 ·cited 2×
  Federal habeas corpus relief cannot be granted for Fourth Amendment claims if the state provided an opportunity for full and fair litigation.
• Milburn Weatherington v. Moore
  577 F.2d 1073· 6th Cir.· 1978-06-06 ·cited 2×
  The dissenting judge argues that denying credit for satisfactory street time on parole constitutes resentencing by an administrative agency, violating separation of powers and constitutional rights.
• Brown v. Louie L. Wainwright
  574 F.2d 200· 5th Cir.· 1978-05-30 ·cited 2×
  The court held that the district court did not err in denying the habeas corpus petition, as the claims raised were either previously adjudicated, barred, or not of constitutional magnitude.
• Curci v. The United States
  577 F.2d 815· 2d Cir.· 1978-05-19 ·cited 2×
  The court affirmed the dismissal of Count One, finding adequate consideration was given to the application. Count Two claims were dismissed for lack of subject matter jurisdiction.
• Wright v. Louie L. Wainwright
  359 So. 2d 11· Fla. 1st DCA· 1978-05-18 ·cited 2×·via Writ Of Habeas Corpus
  A state prisoner petitioned for habeas corpus after prison officials forfeited his accumulated gain-time following his escape and guilty plea to escape charges, without notice or hearing. The court held that Florida law permits such forfeiture without due process protections and
• Rogers v. Estelle
  571 F.2d 1381· 5th Cir.· 1978-04-28 ·cited 2×
  The court held that the Texas Controlled Substances Act was not unconstitutionally vague as applied to the appellant's conduct, and thus the petition for writ of habeas corpus was properly denied.
• Powers v. Honorable Alan R. Schwartz
  357 So. 2d 764· Fla. 3d DCA· 1978-04-18 ·cited 2×
  The court held that the petitioner was not entitled to release on bond, and the lower court did not depart from the essential requirements of law in denying her petition for writ of habeas corpus.
• Blum v. Probate Court OF Chittenden Cnty.
  575 F.2d 50· 2d Cir.· 1978-04-12 ·cited 2×
  The court held that the appellant's pleadings failed to state a constitutional claim because he received adequate notice of the Massachusetts parental termination proceedings and voluntarily failed to appear.
• Sellars v. Estelle
  571 F.2d 1314· 5th Cir.· 1978-04-11 ·cited 2×
  The court granted the petitioner's motion to remand the case to the district court to reopen proceedings and allow the respondent to present further testimony.
• Mercer v. Louie L. Wainwright
  376 So. 2d 377· Fla.· 1978-04-05 ·cited 2×·via Writ Of Habeas Corpus
• Nottingham v. Zahradnick
  573 F.2d 193· 4th Cir.· 1978-04-03 ·cited 2×
  The court held that the trial judge's declaration of a mistrial was not a manifest necessity because the first trial court had jurisdiction, and therefore, the subsequent trial violated the Double Jeopardy Clause.
• Rees v. United States Dist. Court FOR the Cent. Dist. OF Cal.
  572 F.2d 700· 9th Cir.· 1978-03-30 ·cited 2×
  The court held that the state failed to meet the burden for issuing extraordinary writs of mandamus, and therefore denied the petitions.