Habeas Corpus

18,780 Florida cases classified under this topic · sorted by citation count

• In re Medina
  109 F.3d 1556· 11th Cir.· 1997-03-24 ·cited 38×
  Pedro Medina, sentenced to death for auto theft and first-degree murder, filed a second federal habeas corpus petition after his first petition was denied and his conviction affirmed. The Eleventh Circuit held that the Antiterrorism and Effective Death Penalty Act (AEDPA) amendme
• Viqueira v. Roth
  591 So. 2d 1147· Fla. 3d DCA· 1992-01-14 ·cited 38×
  A defendant is entitled to a belated appeal when counsel fails to file a timely notice of appeal, and this entitlement is not dependent on a preliminary showing of the appeal's merits.
• Kennedy v. Dugger
  933 F.2d 905· 11th Cir.· 1991-05-31 ·cited 38×
  The court affirmed the denial of the habeas corpus petition, finding no merit in claims of ineffective assistance of counsel, improper prosecutorial arguments, or burden of proof shifting.
• Bennie E. Demps v. Dugger
  874 F.2d 1385· 11th Cir.· 1989-03-28 ·cited 38×
  The court held that the record was insufficient to determine if Hitchcock error was harmless, and thus, a remand for an evidentiary hearing was necessary.
• Gilmore v. Armontrout
  861 F.2d 1061· 8th Cir.· 1988-11-10 ·cited 38×
  The court held that the petitioner's claims regarding the prosecutor's closing argument and victim-impact evidence were procedurally barred and lacked merit, and that the absence of counsel at arraignment did not violate his Sixth Amendment rights. The court reversed the district
• Bowen v. Kemp
  832 F.2d 546· 11th Cir.· 1987-10-22 ·cited 38×
• Del Raine v. Carlson
  826 F.2d 698· 7th Cir.· 1987-08-14 ·cited 38×
  The court held that the magistrate erred in dismissing the entire complaint for failure to make timely service, as the plaintiff is entitled to expungement of his segregation record and the issue of timely service for damages claims requires further determination.
• Williams v. United States
  805 F.2d 1301· 7th Cir.· 1986-11-24 ·cited 38×
  The court held that a defendant's failure to raise constitutional claims on direct appeal from a conviction bars them from raising those claims on collateral review, absent a showing of cause and actual prejudice, and this precedent applies to guilty pleas.
• Wheat v. Thigpen
  793 F.2d 621· 5th Cir.· 1986-06-27 ·cited 38×
  The court held that the Mississippi Supreme Court's procedural bar was not adequate and independent, allowing federal review of the Eighth Amendment claim, and that the petitioner was competent to stand trial.
• Wilson v. Kemp
  777 F.2d 621· 11th Cir.· 1985-11-18 ·cited 38×
• Phelps v. Duckworth
  772 F.2d 1410· 7th Cir.· 1985-09-13 ·cited 38×
  The court held that even if the prosecutor's question was impermissible, the error was harmless because the trial court sustained the objection and instructed the jury that the defendant had no obligation to speak.
• Siverson v. O'Leary
  764 F.2d 1208· 7th Cir.· 1985-06-10 ·cited 38×
  The court held that defense counsel's absence during jury deliberations and the return of verdicts constitutes ineffective assistance of counsel under the Sixth Amendment, and prejudice is presumed in such cases.
• Manning-El v. Wyrick
  738 F.2d 321· 8th Cir.· 1984-07-05 ·cited 38×
  The court held that the admission of evidence of a separate crime did not violate due process or render the trial fundamentally unfair, as other evidence was sufficient for conviction.
• Grizzell v. Louie L. Wainwright
  692 F.2d 722· 11th Cir.· 1982-11-29 ·cited 38×
  The use of prior uncounseled felony convictions to impeach a defendant's credibility, when those convictions are constitutionally invalid, constitutes a due process violation that is not harmless error if there is a reasonable possibility that the evidence influenced the jury's a
• Thomas v. State
  421 So. 2d 160· Fla.· 1982-10-21 ·cited 38×
  Daniel Morris Thomas, a death row inmate, sought post-conviction relief under Florida Rule of Criminal Procedure 3.850 and filed a habeas corpus petition, raising seven grounds including ineffective assistance of counsel, constitutional defects in Florida's capital sentencing law
• Alicea v. Gagnon
  675 F.2d 913· 7th Cir.· 1982-04-14 ·cited 38×
  A criminal defendant has a constitutional right to testify in his own behalf under the Fifth, Sixth, and Fourteenth Amendments, and a state may not mechanistically apply procedural rules to defeat this right.
• Harrell v. Israel
  672 F.2d 632· 7th Cir.· 1982-03-15 ·cited 38×
  The court held that despite potential lack of "extreme need" for shackling, the trial court's precautions to prevent jury awareness of the restraints, combined with the nature of the charge and the defendant's failure to object, meant no constitutional error occurred.
• Eldridge v. Atkins
  665 F.2d 228· 8th Cir.· 1981-12-03 ·cited 38×
  The court held that trial counsel's failure to adequately investigate and present the defense of misidentification constituted ineffective assistance of counsel, violating the fourteenth amendment.
• Vivienne Brown and Arthur Brown v. TAN
  395 So. 2d 1249· Fla. 3d DCA· 1981-03-26 ·cited 38×
  The Florida District Court of Appeal affirmed a trial court's order granting habeas corpus relief and returning a 12-year-old child to his natural father in Singapore, holding that Florida lacked jurisdiction under the Uniform Child Custody Jurisdiction Act because Singapore was
• Parton v. Wyrick
  614 F.2d 154· 8th Cir.· 1980-01-18 ·cited 38×
  The court held that the appellant waived his right to raise claims of ineffective assistance of counsel regarding prior convictions due to deliberate bypass of state remedies and failure to object at trial. The court also held that the appellant failed to state a claim for habeas
• Mayberry v. Davis
  608 F.2d 1070· 5th Cir.· 1979-12-27 ·cited 38×
  The court affirmed the district court's denial of the habeas corpus petition, finding no constitutional violations.
• McGRUDER v. Phelps
  608 F.2d 1023· 5th Cir.· 1979-12-26 ·cited 38×
  The court held that the district court erred in dismissing the complaint because the facts alleged regarding prolonged confinement and lack of outdoor exercise may constitute an Eighth Amendment violation.
• Keener v. Ridenour
  594 F.2d 581· 6th Cir.· 1979-03-28 ·cited 38×
  A delayed appeal under Ohio law is not available if a direct appeal has already been pursued. However, a prisoner may seek post-conviction relief for claims that render a judgment void.
• Mizell v. The Attorney Gen. OF the State OF NEW York & ano.
  586 F.2d 942· 2d Cir.· 1978-10-30 ·cited 38×
  The court held that jeopardy attached when the jury was sworn, and the discharge of the jury without manifest necessity violated the Double Jeopardy Clause. However, since the petitioner was released from custody, the relief granted below was vacated and remanded for consideratio
• Chenault v. Stynchcombe
  581 F.2d 444· 5th Cir.· 1978-10-03 ·cited 38×
  The court held that claims regarding sentencing instructions and death-qualified juries were not properly before it due to failure to exhaust state remedies, and affirmed denial of other claims.
• Frazier v. Weatherholtz
  572 F.2d 994· 4th Cir.· 1978-02-27 ·cited 38×
  Jury instructions placing the burden of proving affirmative defenses on the defendant are constitutional if they do not require disproving elements of the crime. Failure to comply with state procedural rules for objecting to jury instructions bars federal habeas review.
• Andrino v. United States Bd. OF Parole
  550 F.2d 519· 9th Cir.· 1977-03-21 ·cited 38×
  The court held that a motion to modify a sentence under 28 U.S.C. § 2255 is not the proper vehicle for challenging parole board decisions; habeas corpus is the appropriate remedy.
• Scott v. Plante
  532 F.2d 939· 3d Cir.· 1976-03-29 ·cited 38×
  The court held that the district court improperly dismissed the plaintiff's claims, including those regarding involuntary medication, confinement without treatment, physical conditions, unconstitutional confinement, and procedural issues in hearings, and that the plaintiff's requ
• Covington v. Cole
  528 F.2d 1365· 5th Cir.· 1976-03-22 ·cited 38×
  The majority held that the district court erred in summarily dismissing the pro se complaint and that the case must be remanded for further development.
• Alberti v. Estelle
  524 F.2d 1265· 5th Cir.· 1975-12-29 ·cited 38×
• Meir Kahane v. Carlson
  527 F.2d 492· 2d Cir.· 1975-11-26 ·cited 38×
  The court held that venue was proper in the Eastern District of New York because the prisoner's continuing probation obligations made that district his residence for venue purposes, and that prison authorities must provide a diet sufficient to sustain the prisoner without violati
• United States ex rel. Rev. Frank Robert Cordee Hahn v. Revis
  520 F.2d 632· 7th Cir.· 1975-07-25 ·cited 38×
  Due process requires a timely parole revocation hearing for incarcerated parolees subject to a detainer, even if they are serving a new sentence, to allow them to present mitigating circumstances.
• Cunha v. Lou V. Brewer
  511 F.2d 894· 8th Cir.· 1975-02-07 ·cited 38×
  The court held that there was sufficient evidence to support the petitioner's conviction and that the admission of evidence of other crimes did not violate due process.
• Newman v. Henderson
  496 F.2d 896· 5th Cir.· 1974-06-28 ·cited 38×
  Federal courts must apply state procedural waiver rules in habeas corpus proceedings unless the petitioner demonstrates actual prejudice from the alleged constitutional violation.
• Stanley v. COX
  486 F.2d 48· 4th Cir.· 1973-10-16 ·cited 38×
  Pre-trial show-up identifications, when not unnecessarily suggestive under the totality of circumstances, do not violate due process, even if conducted before formal charges.
• United States ex rel. Edward Doggett v. Yeager
  472 F.2d 229· 3d Cir.· 1973-01-16 ·cited 38×
  The court held that the trial court's failure to adequately protect the jury from prejudicial newspaper publicity violated due process, requiring a new trial.
• Wade v. Ira M. Coiner
  468 F.2d 1059· 4th Cir.· 1972-10-26 ·cited 38×
  A defendant is not constitutionally entitled to be specifically informed of every single right waived by a guilty plea, as long as the plea is entered voluntarily and intelligently.
• Mason Braswell v. Louie L. Wainwright
  463 F.2d 1148· 5th Cir.· 1972-07-07 ·cited 38×
  Excluding a witness for violating a sequestration rule, when the violation was not the fault of the defendant or counsel, violates the defendant's Sixth Amendment right to compulsory process and a fair trial.
• Vito Giacalone v. Lucas
  445 F.2d 1238· 6th Cir.· 1971-07-30 ·cited 38×
  The court held that the trial judge did not abuse discretion in denying a continuance and that the search incident to arrest was reasonable.
• Zels B. Johnson v. Laird
  432 F.2d 77· 9th Cir.· 1970-09-29 ·cited 38×
  The court conditionally grants the government's motion to dismiss the appeal unless the appellant voluntarily surrenders himself to military authorities within 30 days.
• Application of Larry Buffalo Chief v. State OF S.D. & Don R. Erickson
  425 F.2d 271· 8th Cir.· 1970-04-30 ·cited 38×
  The court held that the issue of whether a conflict of interest arose during trial, depriving the petitioner of effective counsel, had not been fully and fairly presented to the South Dakota courts and therefore remanded for further proceedings in the state court.
• Selz v. The State OF Cal.
  423 F.2d 702· 9th Cir.· 1970-02-19 ·cited 38×
  A federal district court cannot rely on state court findings under 28 U.S.C. § 2254(d) without reviewing the state court record, especially when allegations of an unfair hearing or newly discovered evidence exist.
• United States ex rel. Wilbert Ross v. McMANN
  409 F.2d 1016· 2d Cir.· 1969-02-26 ·cited 38×
  The dissenting opinion argues that voluntary guilty pleas, entered on advice of counsel, waive all prior non-jurisdictional defects. It contends that the Supreme Court's decision in Jackson v. Denno, which requires hearings on the voluntariness of confessions used at trial, shoul
• United States ex rel. Albert B. Crosby v. Brierley
  404 F.2d 790· 3d Cir.· 1968-12-09 ·cited 38×
  A guilty plea to murder is invalid if not voluntarily and intelligently made with full understanding of the consequences, especially when the defendant's testimony injects a claim of self-defense, which is a factual issue for a jury.
• Dorrough v. United States
  385 F.2d 887· 5th Cir.· 1967-09-15 ·cited 38×
  A guilty plea is invalid if the defendant is not fully informed of all lesser included offenses and their potential penalties, even if the defendant admits to conduct constituting the greater offense.
• Fields v. Peyton
  375 F.2d 624· 4th Cir.· 1967-03-07 ·cited 38×
  A defendant is denied effective assistance of counsel when appointed so close to trial that adequate preparation is impossible, and the burden shifts to the state to prove no prejudice resulted.
• United States ex rel. Edward Mitchell v. Hon. Harold Follette
  358 F.2d 922· 2d Cir.· 1966-02-25 ·cited 38×
  The court held that a factual hearing is mandatory to determine if the state trial judge's silence after the defendant expressed a desire to appeal, coupled with the defendant's indigence, unconstitutionally deprived him of his right to appeal.
• Mitchell v. Stephens
  353 F.2d 129· 8th Cir.· 1965-11-24 ·cited 38×
  The court affirmed the denial of the habeas corpus petition, finding no constitutional violations in jury selection, death penalty application, confession admission, or counsel representation.
• Wallace v. Heinze
  351 F.2d 39· 9th Cir.· 1965-09-15 ·cited 38×
  A guilty plea waives any claim that evidence was obtained through an unreasonable search, and a district court has inherent power to grant additional time for a return in a habeas corpus proceeding.
• United States v. Smith
  337 F.2d 49· 4th Cir.· 1964-09-21 ·cited 38×
  A district judge who presided over a defendant's original trial and sentencing is not disqualified from ruling on a motion to vacate sentence under 28 U.S.C. § 2255, even if the judge's recollection supplements an incomplete transcript.