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

• Lewis v. State
  606 So. 2d 767· Fla. 4th DCA· 1992-10-28
  Florida appellate court granted permission to file a belated appeal from a rule 3.850 motion denial because the underlying order failed to include the required thirty-day appeal notice.
• Falcon v. Knowles
  807 F. Supp. 1531· S.D. Fla.· 1992-10-22
  The court held that it lacks jurisdiction to order the transfer of federal prisoners, as prisoner placement is within the sound discretion of the Attorney General.
• Wright v. DeARMOND
  977 F.2d 339· 7th Cir.· 1992-10-09
  The dissenting judge would reverse the denial of the writ of habeas corpus and discharge the petitioners.
• Lumpkin v. RAY
  977 F.2d 508· 10th Cir.· 1992-10-09
  The court held that the petitioner failed to establish an equal protection claim because she did not present evidence of the 'battered woman syndrome' as a discrete group at trial. The court also affirmed the denial of habeas corpus on due process grounds, finding that federal co
• Varela v. Kaiser
  976 F.2d 1357· 10th Cir.· 1992-10-07 ·via Habeas Corpus Petition
  An attorney's failure to advise an alien client that deportation may result from a guilty plea does not constitute ineffective assistance of counsel.
• RAY v. Cowley
  975 F.2d 1478· 10th Cir.· 1992-09-24
  The court held that Petitioner's application for a certificate of probable cause was the functional equivalent of a timely notice of appeal, thus conferring jurisdiction.
• T.R.A. v. State
  605 So. 2d 551· Fla. 5th DCA· 1992-09-21
  A child detained for contempt of court must be released via habeas corpus because Florida law prohibits incarcerating juveniles for contempt under Chapter 39, despite the court's disapproval of the result.
• Hankins v. Delo
  977 F.2d 396· 8th Cir.· 1992-09-18
  The court held that the appellant's claims were procedurally defaulted and barred from federal review, and that Missouri retained criminal jurisdiction over the national forest where the crime occurred.
• Feliberto Capellan v. Riley
  975 F.2d 67· 2d Cir.· 1992-09-16
  The Second Circuit held that a state prisoner cannot obtain federal habeas corpus relief on a Fourth Amendment claim if the state provided an opportunity for full and fair litigation, even if the prisoner disagrees with the state court's outcome.
• Cornell v. Crispus NIX
  976 F.2d 376· 8th Cir.· 1992-09-14
  The dissenting judges believe the majority improperly disregarded the trial court's findings regarding newly discovered evidence and its potential impact on the petitioner's trial outcome.
• Simpson v. Camper
  974 F.2d 1030· 8th Cir.· 1992-09-11
  The Court granted the state's motion to dismiss the federal appeal as moot because the state court had granted the petitioner the relief she sought.
• Chuck Lee Mathenia v. Delo
  975 F.2d 444· 8th Cir.· 1992-09-11
  The dissenting judge argues that the defendant received ineffective assistance of counsel due to his attorney's failure to investigate, object to, or suppress a prejudicial videotaped confession, and therefore warrants a new penalty phase hearing or sentence reduction.
• Perveler v. Estelle
  974 F.2d 1132· 9th Cir.· 1992-09-08
  The court held that the Board of Prison Terms had 'some evidence' to support the rescission of the appellant's parole date, satisfying due process requirements.
• Billotti v. Legursky
  975 F.2d 113· 4th Cir.· 1992-09-08
  West Virginia's system of discretionary appeals and unguided jury recommendations for mercy do not violate due process.
• Lahay v. Armontrout
  974 F.2d 979· 8th Cir.· 1992-09-08 ·via Habeas Corpus Petition
  The court held that the petitioner failed to demonstrate that his counsel's representation fell below an objective standard of reasonableness or that any alleged errors prejudiced the outcome of his trial.
• Sisk v. CSO Branch
  974 F.2d 116· 9th Cir.· 1992-09-02
  A prisoner's section 1983 action challenging disciplinary procedures, even if it involves loss of good time credits, does not require exhaustion of state remedies if the effect on the duration of confinement is speculative and incidental.
• Terry v. Petsock
  974 F.2d 372· 3d Cir.· 1992-09-01
  The Court affirmed the denial of a writ of habeas corpus, holding that the petitioner's conviction for first-degree murder did not violate *Beck v. Alabama*. The jury was not presented with an unconstitutional "all-or-nothing" choice because they were aware the petitioner was alr
• Karras v. Leapley
  974 F.2d 71· 8th Cir.· 1992-09-01
  The court held that the jury instruction, when read as a whole, did not create an unconstitutional mandatory presumption, and therefore did not relieve the state of its burden of proof.
• Garcia v. Powers
  973 F.2d 684· 8th Cir.· 1992-08-31
  The court held that a state law corroboration requirement is not cognizable on federal habeas review, and that sufficient evidence supported the conviction and the denial of a new trial motion.
• Rollan Stanley v. Jones
  973 F.2d 680· 8th Cir.· 1992-08-28
  The court held that the appellant's claims were procedurally barred and affirmed the district court's dismissal.
• Verdin v. O'Leary
  972 F.2d 1467· 7th Cir.· 1992-08-28
  The court held that the jury instruction claim based on the state's burden of proof was not federally cognizable, but the claim that the instructions misled the jury on murder versus manslaughter was potentially a federal due process issue. The court also found the ex parte commu
• Stubbs v. Leonardo
  973 F.2d 167· 2d Cir.· 1992-08-28
  The court held that while a nine-year delay in an appeal does not per se entitle a defendant to relief, the circumstances warrant a conditional writ of habeas corpus to allow the filing of a pro se brief and reconsideration of the appeal.
• Rouleau v. Meachum
  974 F.2d 8· 2d Cir.· 1992-08-27
  The court held that any error in the jury instruction concerning duress was harmless with respect to the robbery conspiracy charge, and therefore reversed the grant of a conditional writ of habeas corpus.
• Bruns v. Thalacker
  973 F.2d 625· 8th Cir.· 1992-08-21
  The court held that the district court did not err in denying Bruns' petition for a writ of habeas corpus, affirming the denial of relief on claims of double jeopardy and ineffective assistance of counsel.
• Smith v. Black
  970 F.2d 1383· 5th Cir.· 1992-08-20 ·via Federal Habeas Corpus
  The court held that the Mississippi Supreme Court's procedural bars were not strictly or regularly followed, allowing federal habeas review of the 'especially heinous' aggravating circumstance claim. The death sentence was unconstitutional due to the improper use of this circumst
• Starchild v. Fed. Bureau OF Prisons
  973 F.2d 610· 8th Cir.· 1992-08-19
  The court held that time spent on highly restricted house arrest is not creditable as jail time for sentence credit purposes.
• Stewart v. Crispus NIX
  972 F.2d 967· 8th Cir.· 1992-08-14
  The court held that a 95-day delay in trial, caused by defense counsel's request for a continuance, did not violate the Sixth Amendment speedy trial right, and the trial court's response to a jury question, though procedurally flawed, did not render the trial fundamentally unfair
• United States v. Letitia Magini
  973 F.2d 261· 4th Cir.· 1992-08-14
  The court held that a defendant asserting a Sixth Amendment conflict of interest claim is entitled to an evidentiary hearing if they allege facts which, if true, would entitle them to relief, and the record does not conclusively show they are not entitled to relief.
• Reynolds v. Caspari
  974 F.2d 946· 8th Cir.· 1992-08-14
  The court held that the district court correctly denied the habeas corpus petition because the claims were either procedurally barred or meritless, and no evidentiary hearing was necessary.
• United States ex rel. Clarence Walker v. O'Leary
  973 F.2d 521· 7th Cir.· 1992-08-11
  The court held that the state's failure to resentence a prisoner under a more favorable intervening statute, when that statute provided for retroactive application, violated the prisoner's due process rights.
• Neal v. Morris
  972 F.2d 675· 6th Cir.· 1992-08-07 ·via Habeas Corpus Review
  The court held that sufficient evidence, viewed favorably to the prosecution, supported Neal's conviction, and thus his due process rights were not violated.
• Maula v. Freckleton
  972 F.2d 27· 2d Cir.· 1992-08-06
  The court held that the defendant's failure to object to the non-submission of certain charges to the jury constituted consent, thereby waiving any double jeopardy claim regarding reprosecution on those charges.
• Otey v. Hopkins
  972 F.2d 210· 8th Cir.· 1992-08-04
  The court denied the motion to vacate the stay of execution, finding that the district court properly granted the stay to consider unusual constitutional issues raised in Otey's habeas corpus petition.
• Blazak v. Ricketts
  971 F.2d 1408· 9th Cir.· 1992-08-04
  The court held that a district court's grant of a writ of habeas corpus, vacating a conviction and allowing the state to retry the petitioner, constitutes a final and appealable judgment, even if sentencing issues remain unresolved.
• Becker v. A.L. Lockhart
  971 F.2d 172· 8th Cir.· 1992-08-03 ·via Habeas Corpus Review
  The court held that the evidence was insufficient to prove that the defendant used physical force to resist apprehension immediately after a misdemeanor theft, entitling him to habeas relief.
• Martin v. Kassulke
  970 F.2d 1539· 6th Cir.· 1992-07-29
  The majority opinion condoned trying a defendant on charges not made in the indictment, which is a violation of federal constitutional law.
• Kennedy v. Duane Shillinger & the Attorney Gen. for the State of Wyo.
  971 F.2d 558· 10th Cir.· 1992-07-28
  The court held that the district court erred in ordering the respondents to pay the petitioner's costs and fees in the habeas corpus proceeding, as there was no statutory authority or justification for such an order.
• Griffin v. Warden, Md. Corr. Adjustment Ctr.
  970 F.2d 1355· 4th Cir.· 1992-07-28 ·via Habeas Corpus Relief
  The court held that the petitioner was denied effective assistance of counsel under the Sixth Amendment due to his attorneys' failure to investigate and present alibi witnesses, which prejudiced his defense.
• Higgs v. State
  601 So. 2d 319· Fla. 5th DCA· 1992-07-24
• Prince v. A.L. Lockhart
  971 F.2d 118· 8th Cir.· 1992-07-24
  The court held that the trial court's refusal to allow the defendant to introduce evidence of a prior acquittal did not render the trial fundamentally unfair, and thus did not violate due process. The court also held that the defendant's subsequent prosecution was not barred by d
• Crank v. Duckworth
  969 F.2d 363· 7th Cir.· 1992-07-22
  A prisoner's claim challenging a prior conviction used for sentence enhancement is barred by procedural default if the default resulted from the prisoner's own lack of diligence in pursuing post-conviction remedies.
• Cantu v. Collins
  967 F.2d 1006· 5th Cir.· 1992-07-22
  The court held that the Texas capital sentencing statutes did not unconstitutionally preclude consideration of mitigating evidence of youth, the trial court did not err in refusing a voluntary manslaughter instruction, and the identification procedures were not impermissibly sugg
• Phillips v. Brennan
  969 F.2d 384· 7th Cir.· 1992-07-22
  The court held that the prior panel's decision mandated notice of adverse testimony, and the current majority's interpretation of Greenholtz was incorrect.
• Salberg v. United States
  969 F.2d 379· 7th Cir.· 1992-07-22 ·via Habeas Corpus Petition
  The court held that the defendant's procedural defaults barred his habeas petition, as he failed to establish cause or prejudice for not raising his claims earlier, and his Paperwork Reduction Act claim failed on its merits.
• Cranford v. A.L. Lockhart
  975 F.2d 1347· 8th Cir.· 1992-07-22
  The court held that a defendant may voluntarily plead guilty even if unwilling to admit guilt, provided the plea is knowing and intelligent and there is a strong factual basis for the plea.
• Byrnes v. Vose
  969 F.2d 1306· 1st Cir.· 1992-07-17 ·via Federal Habeas Corpus
  The court held that the petitioner failed to exhaust state remedies and the futility exception did not apply, affirming the dismissal of his federal habeas corpus petition.
• COX v. A.L. Lockhart
  970 F.2d 448· 8th Cir.· 1992-07-16
  A voluntary and intelligent guilty plea waives non-jurisdictional defects, including speedy trial claims, and a defendant must fairly present federal claims to state courts before raising them in federal habeas corpus. Ineffective assistance of counsel claims require showing coun
• Foret v. Whitley
  965 F.2d 18· 5th Cir.· 1992-07-09
  The court held that the district court abused its discretion by not addressing the abuse of writ issue before ruling on the merits of the habeas petition.
• Dicks v. Dutton
  969 F.2d 207· 6th Cir.· 1992-07-09
  The court held that the district court abused its discretion by denying attorney fees without a hearing, given contradictory factual assertions and the prior vacating of the dismissal of the habeas petition.
• Butler v. State
  600 So. 2d 56· Fla. 4th DCA· 1992-07-08 ·via Writ Of Habeas Corpus
  The court held that a motion for post-conviction relief is the appropriate avenue to seek a belated appeal based on ineffective assistance of counsel for failing to file an appeal.