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

• Pemberton v. Collins
  991 F.2d 1218· 5th Cir.· 1993-05-27
  A federal court on habeas review may consider a confession admitted at trial, even if a state appellate court later held it inadmissible under state law, provided its admission did not violate federal constitutional standards.
• Hurlburt v. Cunningham
  996 F.2d 1273· 1st Cir.· 1993-05-26 ·via Habeas Corpus Review
  The court affirmed the denial of the habeas corpus petition, holding that the increased sentence after retrial was not unconstitutional under North Carolina v. Pearce because the sentencing judge provided sufficient on-the-record, nonvindictive reasons.
• Sneed v. Donahue
  993 F.2d 1239· 6th Cir.· 1993-05-24
  Automatic revocation of parole under Kentucky law upon incarceration for a new crime does not violate the Due Process Clause when the statute mandates revocation and the parole authority has no discretion.
• Wilson v. McCAUGHTRY
  994 F.2d 1228· 7th Cir.· 1993-05-20
  The court held that the petitioner's due process rights were not violated by the sixteen-year delay in indictment, nor by the state trial court's failure to instruct the jury on the lesser included offense of reckless homicide.
• Huntley Ruff v. Armontrout
  993 F.2d 639· 8th Cir.· 1993-05-18
  The court held that the suppressed evidence was not material, thus failing to establish prejudice to overcome the procedural bar for the Brady claim.
• Kelley v. Kaiser
  992 F.2d 1509· 10th Cir.· 1993-05-17
  The court held that the Oklahoma court's application of the Edwards requirement, which shifted the burden to the petitioner to show why he would not have been certified as an adult, constituted an inadequate fact-finding procedure, thus the state court's determination was not ent
• Otey v. Hopkins
  992 F.2d 871· 8th Cir.· 1993-05-14
• Dokes v. A.L. Lockhart
  992 F.2d 833· 8th Cir.· 1993-05-10
  The court held that the appellant failed to demonstrate an actual conflict of interest adversely affecting counsel's performance or that counsel's performance was deficient, thus affirming the denial of his habeas corpus petition.
• Campbell v. Blodgett
  992 F.2d 984· 9th Cir.· 1993-05-07
  The en banc court denied the motion for reconsideration of the order of remand.
• Ruffin v. State
  617 So. 2d 868· Fla. 5th DCA· 1993-05-07 ·via Habeas Corpus Relief
  Ruffin appeals a resentencing order in which the trial court unlawfully modified his murder sentence that he had already begun serving. The court reversed and remanded because the trial court exceeded its authority by changing the murder sentence when only the sexual battery sent
• Parnell Seaton v. Jabe
  992 F.2d 79· 6th Cir.· 1993-05-05
  A late removal petition filed in a criminal case without leave of the federal court does not divest the state court of jurisdiction.
• United States v. Jodie Marie Fallon
  992 F.2d 212· 8th Cir.· 1993-05-05
  A successive habeas petition must be dismissed as an abuse of the writ unless the petitioner shows external cause and prejudice or a fundamental miscarriage of justice.
• Nelson v. Hargett
  989 F.2d 847· 5th Cir.· 1993-05-04
  The court held that a guilty plea waives the right to a speedy trial claim, but remanded for an evidentiary hearing on the ineffective assistance of counsel claim due to an insufficient record.
• Ivory L. Haislip v. Attorney Gen., State OF Kan.
  992 F.2d 1085· 10th Cir.· 1993-05-03
  The court held that the denial of the habeas corpus petition was proper because the appellant did not demonstrate ineffective assistance of counsel or a due process violation from the denial of a continuance.
• Yarrington v. Davies
  992 F.2d 1077· 10th Cir.· 1993-04-30
  The court held that a petitioner alleging ineffective assistance of counsel must demonstrate both deficient performance and prejudice, and that the trial counsel's misstatements regarding the burden of proof and failure to object to certain evidence did not meet this standard.
• Willis v. Collins
  989 F.2d 187· 5th Cir.· 1993-04-27
  The court held that a petitioner is not 'in custody' for purposes of federal habeas corpus review under 28 U.S.C. § 2254 when challenging a conviction for which the sentence has been completed and which was not used to enhance the conviction for which the petitioner is currently
• Mychal Stevens Lahey v. C.E. Floyd
  992 F.2d 234· 9th Cir.· 1993-04-27
  The court held that the conditions of the defendant's pretrial release did not approach official custody, and therefore, he is not entitled to credit against his sentence for the time spent on bail.
• Jackson v. A.L. Lockhart
  992 F.2d 167· 8th Cir.· 1993-04-26
  The dissenting judge believes the petitioner was entitled to a directed verdict under Arkansas law, and the majority's standard for habeas corpus review is incorrect.
• Woodson v. Attorney General
  990 F.2d 1344· D.C. Cir.· 1993-04-23
  Prisoners do not have a statutory or constitutional right to waive good time credits; the federal commutation statutes mandate accumulation and release based on good behavior.
• Hendricks v. Zenon
  993 F.2d 664· 9th Cir.· 1993-04-22
  The court held that the Oregon Court of Appeals violated the defendant's Sixth Amendment right to effective assistance of counsel by denying his motion for substitution of counsel and forcing him to proceed pro se without a knowing and intelligent waiver.
• Harris v. Collins
  990 F.2d 185· 5th Cir.· 1993-04-22
  The court denied the application for a certificate of probable cause, finding no substantial showing of the denial of a federal right.
• Jenkins v. Leonardo
  991 F.2d 1033· 2d Cir.· 1993-04-20
  The court held that even if a defendant's Sixth Amendment right to counsel was violated by the use of statements elicited by a state agent, the statements are admissible for impeachment purposes if voluntarily made and knowingly and intelligently waived.
• Deutscher v. Harol Whitley
  991 F.2d 605· 9th Cir.· 1993-04-20
  The petitioner's second habeas petition must be denied because he has not shown by clear and convincing evidence that he is actually innocent of the death penalty.
• Hull v. Freeman
  991 F.2d 86· 3d Cir.· 1993-04-19 ·via Federal Habeas Corpus
  The court held that a federal court should dismiss a habeas petition without prejudice when a petitioner raises a colorable claim for waiver of procedural default under state law, allowing the petitioner to assert this claim in state court first.
• Roberts v. State
  616 So. 2d 1165· Fla. 5th DCA· 1993-04-16
• Marcel Killebrew v. Endicott
  992 F.2d 660· 7th Cir.· 1993-04-16
  The court held that while the admission of Killebrew's statement violated Miranda, the error was harmless beyond a reasonable doubt due to overwhelming other evidence, and his ineffective assistance of counsel claims lacked merit.
• Garcia v. Johnson
  991 F.2d 324· 6th Cir.· 1993-04-15
  The court held that the state court's finding that the petitioner's guilty plea was voluntary and intelligent should be presumed correct, despite language difficulties and temporary contradictions in the plea colloquy.
• Higgins v. Smith
  991 F.2d 440· 8th Cir.· 1993-04-13
  The court held that imposing a sentence greater than permitted by state law constitutes a constitutional violation, potentially allowing for habeas relief.
• Barger v. State OF Ind.
  991 F.2d 394· 7th Cir.· 1993-04-13
  The court affirmed the denial of habeas relief, holding that the petitioner's due process rights were not violated by a conviction where the victim's exact age (eleven or twelve) was not proven beyond a reasonable doubt, as the state law and evidence supported conviction for a le
• Vaughn R. Simpson v. State
  617 So. 2d 749· Fla. 1st DCA· 1993-04-13
  Claims of ineffective assistance of appellate counsel must be raised by petition for writ of habeas corpus in the appellate court that considered the appeal.
• Poyner v. State OF Iowa
  990 F.2d 435· 8th Cir.· 1993-04-08
  The court affirmed the district court's denial of habeas corpus relief, finding most claims procedurally defaulted and the remaining claims without merit.
• Meador v. Knowles
  990 F.2d 503· 9th Cir.· 1993-04-08
  The court held that the Parole Commission did not err in revoking parole and forfeiting street time, as the applicable circuit law mandated forfeiture and the delay in issuing the warrant was not prejudicial.
• White v. Peters
  990 F.2d 338· 7th Cir.· 1993-04-06
  The court affirmed the district court's denial of the habeas petition, finding the petitioner procedurally defaulted his claims and failed to exhaust state remedies.
• Salkil v. Delo
  990 F.2d 386· 8th Cir.· 1993-04-02 ·via Habeas Corpus Petition
  The court held that the use of an undercover cellmate to elicit incriminating statements did not violate the Fifth or Sixth Amendments, and a due process claim regarding witness notice was also denied.
• LEE v. Jabe
  989 F.2d 869· 6th Cir.· 1993-04-02
  A certificate of probable cause is required to appeal a district court's denial of bail pending disposition of a habeas action, and the district court did not abuse its discretion in denying bail in this case.
• Terry v. Rees
  985 F.2d 283· 6th Cir.· 1993-04-01
  The denial of an independent pathologist prior to trial was harmless error because the independent pathologist's report ultimately confirmed the prosecution's findings regarding the cause of death.
• Miller v. Fed. Bureau OF Prisons
  989 F.2d 420· 10th Cir.· 1993-03-30
  The court held that the Parole Commission's correction of a notice regarding street time credit was permissible and did not violate due process, but reversed and remanded the claim regarding the withdrawal of a parole violator warrant without a timely revocation hearing.
• Prichard v. A.L. Lockhart
  990 F.2d 352· 8th Cir.· 1993-03-29
  The court held that trial counsel's failure to object to the use of an out-of-state conviction to enhance a sentence under Ark.Code Ann. § 5-64-401(c) constituted ineffective assistance of counsel, warranting habeas relief.
• Bovio v. United States
  989 F.2d 255· 7th Cir.· 1993-03-25 ·via Writ Of Habeas Corpus
  The court held that the magistrate judge properly found probable cause to extradite Bovio, that the submitted documents were admissible, and that Bovio's due process rights were not violated.
• Donnie Lee Prince v. State
  616 So. 2d 526· Fla. 4th DCA· 1993-03-24
  In this post-conviction appeal, the Fourth District affirmed the trial court's denial of Prince's ineffective assistance of counsel claims, finding he was properly advised of his right to testify and failed to properly assert other alleged errors. The court also affirmed the deni
• Tilley v. Norris McMACKIN
  989 F.2d 222· 6th Cir.· 1993-03-24
  The court held that sufficient circumstantial evidence existed to support the jury's inference that the firearm used in the robbery was operable, satisfying the due process standard for sufficiency of evidence.
• Ramirez v. Turner
  991 F.2d 351· 7th Cir.· 1993-03-23
  The court held that an inmate has a liberty interest in preserving his chance for parole, and that the district court erred in not making a de novo finding on the parole issue and in denying counsel.
• Woods v. Major General JJ. Sheehan
  987 F.2d 1454· 9th Cir.· 1993-03-15 ·via Habeas Corpus Relief
  The court held that the Marine Corps had a basis in fact for denying Corporal Woods' conscientious objector status, and the district court did not err in denying his habeas petition.
• Villarreal v. United States Parole Comm'n
  985 F.2d 835· 5th Cir.· 1993-03-15
  The court held that a parolee must show actual prejudice from delays in parole revocation proceedings to obtain habeas corpus relief, and that the Parole Commission may consider dismissed state charges if there is some evidence to support them.
• Deters v. Collins
  985 F.2d 789· 5th Cir.· 1993-03-11
  The court held that the petitioner failed to exhaust his state remedies, and therefore, the federal court should not have reached the merits of his habeas corpus petition.
• Bradford Wedra v. Lefevre
  988 F.2d 334· 2d Cir.· 1993-03-11
  The court held that the district court correctly applied Coleman v. Thompson to deny the habeas petition, finding the petitioner's claims procedurally defaulted under an independent and adequate state procedural rule.
• Lewis v. Alexander
  987 F.2d 392· 6th Cir.· 1993-03-09
  A district court may employ Federal Rule of Civil Procedure 60(b) to permit an appeal outside the time constraints of Federal Rule of Appellate Procedure 4(a)(5) if specific conditions are met.
• Garcia v. United States
  987 F.2d 153· 2d Cir.· 1993-03-08
  Extradition is permissible even if the extraditee has already faced proceedings in the requesting country, provided the treaty allows it.
• Valdez v. Gunter
  988 F.2d 91· 10th Cir.· 1993-03-08
  The court held that a defendant does not have a constitutional right to be present when an audio tape previously admitted into evidence is replayed for the jury during deliberations, as this is not a critical stage of the proceeding. The court reversed the grant of habeas corpus
• Gates v. Singletary
  616 So. 2d 64· Fla. 1st DCA· 1993-03-04
  Florida appellate court vacated denial of habeas corpus petition where Florida Parole Commission changed inmate's control release date without providing the presentence investigation report to the inmate or allowing him to respond.