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

• 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.
• Jeffries v. Blodgett
  988 F.2d 923· 9th Cir.· 1993-03-03
  The Ninth Circuit vacated and remanded the district court's denial of habeas relief, finding a potential conflict with prior precedent regarding juror misconduct. The court held that a remand was necessary for a factual determination of whether a juror had informed others of the
• Theodis Watkins v. Ponte
  987 F.2d 27· 1st Cir.· 1993-03-03
  The court held that the petitioner's new claims were an abuse of the writ because he failed to show cause for not raising them in his prior petition and did not demonstrate a fundamental miscarriage of justice.
• Levine v. Torvik
  986 F.2d 1506· 6th Cir.· 1993-03-01
  The court held that the district court properly issued a conditional writ of habeas corpus and stay, as there was constitutionally insufficient evidence to support the state court's 1988 recommitment of the petitioner.
• Gray v. Hopkins
  986 F.2d 1236· 8th Cir.· 1993-03-01
  The court held that a federal habeas petition containing both exhausted and unexhausted claims must be dismissed without prejudice, even if some claims would be futile to raise in state court.
• Glaze v. Redman
  986 F.2d 1192· 8th Cir.· 1993-02-25
  The exclusion of evidence tending to show another person committed the murders did not deny the petitioner due process because the evidence was either inadmissible hearsay under state law, not sufficiently corroborated, or its exclusion, even if erroneous under state law, did not
• Molina v. Omer G. Sewell
  983 F.2d 676· 5th Cir.· 1993-02-22
  The court held that the Immigration Judge's failure to advise the alien of his right to present evidence, coupled with the BIA and district court's reliance on facts not presented to the IJ, constituted prejudicial error requiring vacation of the exclusion order.
• Thompson v. Dixon
  987 F.2d 1038· 4th Cir.· 1993-02-19
  The court held that a jury instruction presuming sanity did not violate due process because it did not relieve the state of its burden to prove intent, distinguishing it from instructions that presume intent from actions.
• Hall v. Superintendent Paul L. DiPAOLO
  986 F.2d 7· 1st Cir.· 1993-02-18
  The court held that a certificate of probable cause should be granted and the dismissal of the habeas petition vacated, remanding for consideration of whether state remedies were exhausted through post-conviction motions.
• Ingrassia v. Purkett
  985 F.2d 987· 8th Cir.· 1993-02-17
  Statements by a parole board chairperson and completion of a rehabilitation program do not create a liberty interest in parole under Missouri law, and a prisoner does not have an absolute right to access his parole file.
• Alexander v. Armontrout
  985 F.2d 976· 8th Cir.· 1993-02-16
  The court held that the prosecutor's question did not render the trial unfair, and the defendant failed to show deficient performance or prejudice regarding the alleged failure to introduce medical records.
• Degarmo v. Collins
  984 F.2d 142· 5th Cir.· 1993-02-08
  The court held that a stipulation agreeing not to appeal must be enforced as written.
• Parkus v. Delo
  985 F.2d 425· 8th Cir.· 1993-02-05
  The court held that a notice of appeal filed before the disposition of a timely Rule 59(e) motion is premature, and the appeal must be dismissed for lack of jurisdiction.
• Cancel v. R.H. Rison
  985 F.2d 404· 8th Cir.· 1993-02-03
  The appellate court affirmed the district court's dismissal, finding the habeas petition moot due to the petitioner's release and a lack of factual support for his claims.
• Exline v. Gunter
  985 F.2d 487· 10th Cir.· 1993-02-03
  The federal court held that the state trial court's failure to conduct an in camera review of social service records violated the defendant's due process rights, as established in Pennsylvania v. Ritchie.
• Palmer v. Estelle
  985 F.2d 456· 9th Cir.· 1993-02-02
  The court held that where the record is ambiguous regarding the trial court's evaluation of a prosecutor's race-neutral explanations for peremptory strikes, a federal court must defer to the state appellate court's factual findings.
• Martsay Bolder v. Delo
  985 F.2d 941· 8th Cir.· 1993-01-26
  The court denied the petition for rehearing and suggestion for rehearing en banc, as well as the emergency motion for stay of execution.
• Dallas v. Arvon Arave
  984 F.2d 292· 9th Cir.· 1993-01-20
  The court held that a jury's inconsistent verdicts are not grounds for setting aside convictions, and a sentencing judge may consider evidence beyond the jury's findings, including the defendant's demeanor and lack of remorse.
• James M. White (91-6096/6097) v. Stephen T. Smith (91-6095)
  984 F.2d 163· 6th Cir.· 1993-01-19
  The failure to hold a hearing to determine jury bias after an unauthorized communication from a defendant's relative to the entire jury constitutes an abuse of discretion and warrants habeas corpus relief.
• McDOWELL v. Leapley
  984 F.2d 232· 8th Cir.· 1993-01-15
  The court held that a death-qualified jury does not violate constitutional rights, and cumulative error is not grounds for federal habeas relief.
• Parker v. Fort Worth Police Dep't
  980 F.2d 1023· 5th Cir.· 1993-01-12
  The district court abused its discretion by dismissing the false arrest and unlawful detention claims as frivolous based on an erroneous legal conclusion that they should have been brought as a habeas corpus petition.
• Xenia Green v. Abrams
  984 F.2d 41· 2d Cir.· 1993-01-12
  The court affirmed the denial of a writ of habeas corpus, holding that there was sufficient evidence for the conviction and that probation revocation for failure to pay a fine did not violate due process. The court also denied the motion to appoint counsel.
• Parton v. Armontrout
  983 F.2d 881· 8th Cir.· 1993-01-12
  The court held that Parton is entitled to parole credit for time incarcerated after his presumptive parole eligibility date, and to parole discharge consideration.
• Harrington v. Crispus NIX
  983 F.2d 872· 8th Cir.· 1993-01-08
  The court held that state laws requiring corroboration of accomplice testimony do not raise constitutional issues for federal habeas review, and that the evidence was sufficient to meet federal constitutional standards for guilt beyond a reasonable doubt.
• Mikel W. Houston v. A.L. Lockhart
  982 F.2d 1246· 8th Cir.· 1993-01-08
  The court held that an ineffective assistance of counsel claim cannot be based on speculation about hypothetical actions or agreements regarding inadmissible evidence.
• Jenner v. Smith
  982 F.2d 329· 8th Cir.· 1993-01-05
  The court held that the habeas petitioner's incriminating statements were voluntarily made and not obtained in violation of Miranda, as she was not in custody during the interviews.
• Quirama v. Michele
  983 F.2d 12· 2d Cir.· 1993-01-04
  Federal habeas review of state prisoner's claims is barred if the state court decision rests on independent and adequate state procedural grounds, unless the prisoner demonstrates cause and prejudice or a fundamental miscarriage of justice.
• Moreno-Ortiz v. United States
  983 F.2d 15· 2d Cir.· 1993-01-04
  The court held that an affidavit from a witness in Colombia, without the witness appearing for cross-examination, is insufficient to justify a hearing on a motion to reconsider a habeas corpus petition, even if it alleges prosecutorial intimidation.
• Claudio v. Scully
  982 F.2d 798· 2d Cir.· 1992-12-28
  The court held that the failure of appellate counsel to raise a meritorious state constitutional claim regarding ineffective assistance of counsel constitutes a violation of the Sixth Amendment right to effective assistance of counsel.
• Siegfriedt v. Fair
  982 F.2d 14· 1st Cir.· 1992-12-23
  The admission of a witness's tape-recorded testimony from a probable cause hearing, where the witness testified under an adopted name, did not violate the Confrontation Clause because the defendant had a full opportunity to cross-examine the witness and later impeach him once his
• Shults v. Harol L. Whitley
  982 F.2d 361· 9th Cir.· 1992-12-23
  The court held that the rule announced in Carter v. Kentucky, requiring a 'no inference' instruction when requested, is a new constitutional rule that does not apply retroactively on collateral review to cases that became final before Carter was decided.
• Yokley v. Belaski
  982 F.2d 423· 10th Cir.· 1992-12-23 ·via Habeas Corpus Relief
  A sentence imposed in 'years' includes calendar years, regardless of whether they contain 365 or 366 days, and does not violate due process or equal protection.
• Coffin v. Murray
  983 F.2d 563· 4th Cir.· 1992-12-16
  The court held that the Department of Corrections properly interpreted and applied Virginia's prison statute governing extraordinary credits, and thus inmates were not deprived of liberty interests protected by the Fourteenth Amendment.
• Hudson v. Whitley
  979 F.2d 1058· 5th Cir.· 1992-12-10
  The dissenting judge argues that the case should not be remanded because the evidence of prejudice is overwhelming and the merits of the claim are clear, making the conviction fatally flawed.
• Orrin W. Payne v. Borg
  982 F.2d 335· 9th Cir.· 1992-12-10
  The court held that the evidence was insufficient to support a finding beyond a reasonable doubt that the defendant intended to aid in the killing that occurred.
• del Guzzi v. United States
  980 F.2d 1269· 9th Cir.· 1992-12-02
  A federal prisoner is not entitled to credit for time spent in state custody against a federal sentence unless the federal sentence explicitly commenced upon receipt in state custody awaiting federal transfer.
• McCOY v. A.L. Lockhart
  980 F.2d 1162· 8th Cir.· 1992-12-01
  The court held that the petitioner failed to demonstrate constitutionally ineffective assistance of counsel regarding the introduction of evidence about a key, and thus the grant of habeas relief was improper.
• Bridge v. United States Parole Comm'n & J.T. Holland
  981 F.2d 97· 3d Cir.· 1992-12-01
  The court held that the district court erred by precluding the Parole Commission from considering new evidence when reconsidering a parole eligibility date, as agencies are not permanently bound by initial judicial review if new evidence emerges.
• Smith v. Collins
  977 F.2d 951· 5th Cir.· 1992-11-24
  The court affirmed the denial of habeas corpus relief, finding that the petitioner procedurally defaulted his claim regarding a prior conviction used for sentence enhancement and failed to demonstrate cause and prejudice or actual innocence.
• Stringer v. Black
  979 F.2d 38· 5th Cir.· 1992-11-24
  The court vacated the district court's judgment regarding the "especially heinous, atrocious, or cruel" aggravating circumstance and remanded for further proceedings.
• Rickford Munger v. Erickson
  979 F.2d 1323· 8th Cir.· 1992-11-18
  The court held that applying the 1986 amended Minnesota Sentencing Guidelines to calculate a criminal history score, which included a prior felony conviction discharged more than five but less than fifteen years prior, did not violate the ex post facto clause because the amended
• Hosey B. Johnson v. Hargett
  978 F.2d 855· 5th Cir.· 1992-11-17
  The court should not deny federal courts the opportunity to hear constitutional errors in habeas proceedings.
• Akrawi v. Jabe
  979 F.2d 418· 6th Cir.· 1992-11-09 ·via Habeas Corpus Relief
  The court held that the trial court's error in barring a witness for violating a sequestration order was harmless beyond a reasonable doubt, and that the petitioner's other claims of constitutional error and ineffective assistance of counsel lacked merit.
• Bolander v. State OF Iowa
  978 F.2d 1079· 8th Cir.· 1992-11-05 ·via Habeas Corpus Relief
  The dissenting judge holds that the majority erred in finding prejudice based on a misinterpretation of the trial court's pretrial statement and an incorrect application of the Strickland standard.
• Prewitt v. Goeke
  978 F.2d 1073· 8th Cir.· 1992-11-04
  The court affirmed the denial of the habeas petition, finding no constitutional violation regarding ex parte jury communications, state suppression of evidence, or ineffective assistance of counsel.
• United States v. Lafoon
  978 F.2d 1183· 10th Cir.· 1992-11-02
  A voluntary and intelligent guilty plea waives non-jurisdictional defenses, including challenges to the scheduling of a controlled substance.
• GEE v. Shillinger
  979 F.2d 176· 10th Cir.· 1992-11-02
  The court held that the appellant's third federal habeas corpus petition was properly dismissed as a successive petition because he failed to demonstrate cause and prejudice or a fundamental miscarriage of justice.
• Wang Zong Xiao v. Barr
  979 F.2d 151· 9th Cir.· 1992-10-30 ·via Habeas Corpus Review
  The court held that the district court lacked jurisdiction because the alien failed to exhaust administrative remedies before challenging the INS's authority to initiate exclusion proceedings.
• Mahn v. Gunter
  978 F.2d 599· 10th Cir.· 1992-10-29 ·via Habeas Corpus Petition
  When a prisoner has concurrent sentences of equal length, one for a sexual offense and another for a different felony committed between July 1, 1979, and July 1, 1985, parole is discretionary, not mandatory.
• Loyd v. Whitley
  977 F.2d 149· 5th Cir.· 1992-10-29
  The court held that the petitioner's counsel provided ineffective assistance by failing to adequately investigate and present independent psychiatric evidence regarding the petitioner's mental state during the penalty phase of his capital murder trial.