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

• Gomez v. Collins
  993 F.2d 96· 5th Cir.· 1993-06-14 ·cited 1×
  The court held that even if a constitutional right to self-representation on appeal exists, the defendant failed to properly invoke it due to a knowing and intelligent waiver not being established. Lay representation by an inmate is impermissible.
• Pruett v. Thompson
  996 F.2d 1560· 4th Cir.· 1993-05-25 ·cited 1×
  The court affirmed the denial of the habeas corpus petition, finding that Pruett's claims were procedurally defaulted and did not meet the exceptions for cause and prejudice or actual innocence.
• Linnen v. Troopers John Armainis
  991 F.2d 1102· 3d Cir.· 1993-04-09 ·cited 1×
  A guilty plea does not automatically preclude a subsequent § 1983 claim challenging the legality of a search and seizure, and a stay is appropriate pending resolution of a related state post-conviction appeal.
• Ali Abdul-Habib Hakeem v. Beyer
  990 F.2d 750· 3d Cir.· 1993-03-31 ·cited 1×
  The court held that a fourteen and one-half month delay in bringing Hakeem to trial does not automatically establish prejudice for a speedy trial violation, and remanded for an evidentiary hearing on the cause of the delay.
• Tedford v. Hepting
  990 F.2d 745· 3d Cir.· 1993-03-31 ·cited 1×
  A federal court cannot grant relief under § 1983 for alleged transcript inaccuracies affecting a criminal conviction unless the conviction itself has been successfully challenged, as such claims are premature and essentially constitute a collateral attack on the conviction.
• Bueno v. Hallahan
  988 F.2d 86· 9th Cir.· 1993-03-18 ·cited 1×·via Habeas Corpus Petition
  The court held that the state trial court's admission of hearsay evidence, requirement to elect defenses, and sentence enhancement did not violate due process and affirmed the denial of the habeas petition.
• Lilly v. Gilmore
  988 F.2d 783· 7th Cir.· 1993-03-17 ·cited 1×
  The court held that appellate counsel was not ineffective for failing to raise a Miranda claim that was not clearly supported by precedent at the time, nor for failing to appeal the exclusion of speculative evidence.
• Toulson v. Beyer
  987 F.2d 984· 3d Cir.· 1993-03-12 ·cited 1×
  The court held that the district court erred in finding unexhausted claims procedurally defaulted under state law, and should have dismissed the entire petition without prejudice for failure to exhaust state remedies.
• Campbell v. Blodgett
  982 F.2d 1356· 9th Cir.· 1993-01-04 ·cited 1×
  The court held that the district court did not abuse its discretion in denying a motion to videotape an execution pending appeal, as the evidentiary value was insufficient and outweighed by comity and privacy concerns.
• In the Interest of E.H.
  609 So. 2d 1289· Fla.· 1992-12-10 ·cited 1×·via Writ Of Habeas Corpus
  The Florida Supreme Court addressed certified questions regarding a parent's right to a belated appeal in parental rights termination cases due to ineffective assistance of counsel, ultimately granting a belated appeal in this specific instance.
• Mills v. Jordan
  979 F.2d 1273· 7th Cir.· 1992-11-19 ·cited 1×
  The court held that a petitioner must demonstrate actual innocence of the crime for which they are being sentenced as an habitual offender to overcome procedural default under the miscarriage of justice exception.
• Brown v. Kelly
  973 F.2d 116· 2d Cir.· 1992-08-19 ·cited 1×
  The court held that the prosecutor's race-neutral explanations for exercising peremptory challenges, even if based on subjective demeanor, were sufficient to rebut the prima facie case of discrimination, and the district court's credibility determination was entitled to deference
• Ring v. Erickson
  983 F.2d 818· 8th Cir.· 1992-07-09 ·cited 1×
  The admission of two videotaped statements from a child victim, one under a medical diagnosis exception and the other under a special child hearsay exception, violated the defendant's Sixth Amendment right to confrontation because the statements lacked sufficient indicia of relia
• Barkauskas v. Lane
  946 F.2d 1292· 7th Cir.· 1991-11-01 ·cited 1×
  The court held that the petitioner failed to demonstrate ineffective assistance of counsel or a due process violation, and affirmed the denial of the habeas corpus petition.
• Adams v. R.S. Peterson
  939 F.2d 1369· 9th Cir.· 1991-07-30 ·cited 1×
  The dissent argues that the defendant's stipulation to facts mirroring the indictment constituted a de facto guilty plea, requiring the protections of Boykin v. Alabama, which were not afforded.
• Beringer v. Sheahan
  934 F.2d 110· 7th Cir.· 1991-05-31 ·cited 1×
  A defendant who does not move for a mistrial based on intentional prosecutorial misconduct cannot invoke the double jeopardy clause to bar retrial after a conviction is reversed on those grounds.
• Baker v. Cowley
  931 F.2d 1394· 10th Cir.· 1991-04-29 ·cited 1×
  A mandatory indeterminate sentence of ten years to life for second-degree murder does not violate the Eighth and Fourteenth Amendments.
• Rodriguez v. Hoke
  928 F.2d 534· 2d Cir.· 1991-03-15 ·cited 1×
  The court held that the petitioner failed to exhaust available state court remedies for all claims raised in his habeas corpus petition.
• Williams v. Dugger
  573 So. 2d 210· Fla. 1st DCA· 1991-01-29 ·cited 1×
• Duncan Peder McKENZIE, Jr. v. Risley
  915 F.2d 1396· 9th Cir.· 1990-10-09 ·cited 1×
  The court held that the district court applied an incorrect legal standard by requiring the petitioner to prove sentencing was discussed, rather than whether matters discussed could have influenced the judge.
• Grassi v. United States
  742 F. Supp. 1141· S.D. Fla.· 1990-06-28 ·cited 1×
  The court held that the Supreme Court's ruling in Gomez v. United States does not apply retroactively to this collateral proceeding and that the petitioner failed to demonstrate cause and prejudice for his claim.
• Elortegui v. United States
  743 F. Supp. 828· S.D. Fla.· 1990-06-25 ·cited 1×
  Ricardo Elortegui sought to vacate his 1986 drug conviction under 28 U.S.C. § 2255 based on United States v. Piccinonna, a 1989 Eleventh Circuit decision that reversed the prior per se rule against polygraph evidence and permitted limited admission of such evidence at trial. The
• Scruggs v. Williams
  903 F.2d 1430· 11th Cir.· 1990-06-22 ·cited 1×
  The court held that prior federal cases interpreting Federal Rule of Criminal Procedure 31(d) do not set constitutional due process standards for state court proceedings. A state prisoner seeking habeas corpus must show a violation of the Constitution, not just federal procedural
• Meagher v. Dugger
  737 F. Supp. 641· S.D. Fla.· 1990-05-17 ·cited 1×
  The court held that it is powerless to grant relief by crediting time served in state custody towards a federal sentence when the state confinement was the result of state charges and conviction, and the federal parole commission has discretion over concurrent sentencing.
• Jackson v. State
  559 So. 2d 320· Fla. 3d DCA· 1990-04-03 ·cited 1×
  Death of appellant during pendency of collateral attack on final conviction results in dismissal of appeal, as ab initio abatement does not apply to post-conviction proceedings.
• Vetri v. State
  558 So. 2d 1097· Fla. 5th DCA· 1990-03-30 ·cited 1×·via Writ Of Habeas Corpus
  The court held that the $50,000 bail set by the trial court was unreasonable given the circumstances and granted the petition for a writ of habeas corpus.
• Contella v. Contella
  557 So. 2d 880· Fla. 5th DCA· 1990-02-01 ·cited 1×·via Writ Of Habeas Corpus
  Leonard Contella petitioned for habeas corpus after being held in criminal contempt for willfully violating a spousal support order and divesting himself of assets. The Fifth District Court of Appeal affirmed the trial court's criminal contempt finding and upheld the jail sentenc
• Simons v. State
  555 So. 2d 960· Fla. 1st DCA· 1990-01-24 ·cited 1×·via Writ Of Habeas Corpus
  In this pro se habeas corpus petition, a defendant charged with cocaine possession challenged a $15,000 bond set by the trial court as violating his constitutional right to pretrial release. The appellate court denied the petition because the defendant failed to provide the trial
• Compton v. Butler
  887 F.2d 80· 5th Cir.· 1989-10-30 ·cited 1×
  The court held that the petitioner has raised a substantial issue regarding the sentencing judge's exercise of discretion, warranting an evidentiary hearing.
• Adams v. State
  543 So. 2d 1244· Fla.· 1989-05-03 ·cited 1×
  Aubrey Dennis Adams, convicted in 1978 of murdering an eight-year-old child and sentenced to death, sought postconviction relief based on Hitchcock v. Dugger and other constitutional grounds. The Florida Supreme Court affirmed the denial of his motion for postconviction relief, f
• Woods v. Dugger
  711 F. Supp. 586· M.D. Fla.· 1989-04-14 ·cited 1×
  The court denied the petition for a writ of habeas corpus, finding no constitutional violations regarding jury intimidation, discriminatory peremptory challenges, denial of continuances, execution of an eighteen-year-old, transcript errors, or the Hitchcock claim.
• Bradley v. Hon. Wallace E. Sturgis
  541 So. 2d 766· Fla. 5th DCA· 1989-04-13 ·cited 1×
  Petition for mandamus denied as moot because the underlying habeas corpus petition was already denied, but the court clarified that Florida's Constitution requires clerks to receive, docket, and deliver habeas corpus petitions without delay and at no cost.
• San Jacinto Sav. Ass'n v. TDC Corp. of Fla.
  613 F. Supp. 76· M.D. Fla.· 1989-03-17 ·cited 1×
• Garay v. Carnival Cruise Lines, Inc.
  630 F. Supp. 795· S.D. Fla.· 1989-03-14 ·cited 1×
• Barry v. Alfred Brower & the Attorney Gen. of the State of N.J. Appeal of Alfred Brower
  864 F.2d 294· 3d Cir.· 1988-12-30 ·cited 1×
  A federal court may grant habeas corpus relief if a state prisoner is denied counsel on appeal due to indigence, but cannot directly order the state court to reinstate the appeal; instead, it must allow the state court an opportunity to correct the constitutional violation.
• Jere Chatom v. J.D. White
  858 F.2d 1479· 11th Cir.· 1988-10-27 ·cited 1×
  The court held that the petitioner received ineffective assistance of counsel at trial due to counsel's failure to object to the admission of unreliable scientific evidence, which prejudiced the defense.
• Beicke v. Honorable Eddie Boone
  527 So. 2d 273· Fla. 1st DCA· 1988-06-14 ·cited 1×
  The court held that a defendant arrested for a felony is entitled to release on his own recognizance if the state fails to file an information for any felony charge arising from the criminal episode within 21 days of arrest, even if a new charge is filed after the 21-day period b
• Na-Yuet v. Hueston
  690 F. Supp. 1008· S.D. Fla.· 1988-04-18 ·cited 1×
  A habeas petitioner must be afforded a rehearing when proffering specific, newly discovered, and previously unavailable explanatory evidence that casts substantial doubt on the probable cause determination for extradition.
• Patton v. Dugger
  578 F. Supp. 558· S.D. Fla.· 1988-02-04 ·cited 1×
  The court held that a remand for a new sentencing proceeding does not violate the Double Jeopardy Clause when there was no explicit life recommendation from the jury.
• Son H. Fleming v. Kemp
  837 F.2d 940· 11th Cir.· 1988-01-27 ·cited 1×
• Ordaz-Machado v. Rivkind
  563 F. Supp. 267· S.D. Fla.· 1987-09-21 ·cited 1×
  The court held that a federal habeas corpus petition cannot collaterally attack a state conviction without exhausting state remedies, and that an excludable alien's parole revocation based on a narcotics conviction is permissible and does not violate constitutional or statutory r
• Downs v. Dugger
  514 So. 2d 1069· Fla.· 1987-09-09 ·cited 1×
  Ernest Downs, sentenced to death for a contract killing, petitioned for habeas corpus relief on the eve of his execution. The Florida Supreme Court granted the petition, vacating his death sentence and remanding for a new sentencing proceeding, finding that the trial court's jury
• Beauford White v. Dugger
  828 F.2d 10· 11th Cir.· 1987-08-27 ·cited 1×
  The court denied the application for a Certificate of Probable Cause, affirming the district court's denial of the writ of habeas corpus.
• Lovelace v. Lynaugh
  809 F.2d 1136· 5th Cir.· 1987-02-03 ·cited 1×
  The court denied the oral motion for a stay of execution because the prisoner, who was competent and understood his rights, chose not to pursue any legal action to postpone his execution, and the movant lacked standing as a 'next friend'.
• Joiner v. In re the Interest of Baby DOE
  510 So. 2d 309· Fla. 4th DCA· 1986-12-10 ·cited 1×
  The appellate court affirmed the trial court's order granting a writ of habeas corpus, finding substantial competent evidence supported the finding of duress.
• DeSIMONE v. Lacy
  805 F.2d 321· 8th Cir.· 1986-11-14 ·cited 1×
  The court held that a district court lacks subject matter jurisdiction over claims concerning the imposition of a sentence by another district court, unless the remedy under 28 U.S.C. § 2255 is inadequate or ineffective.
• United States v. Khalid Yousaf Malik
  800 F.2d 143· 7th Cir.· 1986-08-29 ·cited 1×
  The court held that the defendant's prior conviction evidence was admissible and that the prosecutor's conversation with a witness during a trial recess did not constitute reversible error.
• Fla. Parole & Prob. Comm'n v. Griffin
  497 So. 2d 1242· Fla. 2d DCA· 1986-08-22 ·cited 1×
  The Florida Parole and Probation Commission appealed a mandamus order requiring it to recalculate an inmate's presumptive parole release date without three aggravating factors. The court reversed, holding that the Commission properly considered habitual offender status, probation
• Bundy v. Wainwright
  651 F. Supp. 38· S.D. Fla.· 1986-07-02 ·cited 1×
  The court denied the application for a stay of execution and the petition for a writ of habeas corpus, finding that the petitioner failed to meet the burden of showing that his claims were not fully and fairly litigated in state court.
• Zeigler v. Louie L. Wainwright
  791 F.2d 828· 11th Cir.· 1986-05-19 ·cited 1×
  The court granted certificates of probable cause and stayed execution pending appeal for both the denial of a Rule 60(b) motion and the denial of a successive habeas petition alleging ineffective assistance of appellate counsel.