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

• Reardon v. Richardson
  956 F.2d 391· 2d Cir.· 1992-02-04
  A pattern of prosecutorial misconduct claim is procedurally defaulted if not preserved in state court, barring federal habeas review.
• Linwood Fields v. Keohane
  954 F.2d 945· 3d Cir.· 1992-01-28
  The court held that the District of Columbia Good Time Credits Act, by its terms, applies only to prisoners confined in a District correctional facility, and therefore, prisoners convicted under District law but serving sentences in federal facilities are not entitled to its bene
• Johnson v. Bart Ross
  955 F.2d 178· 2d Cir.· 1992-01-28
  Any error in admitting clothing identification was harmless beyond a reasonable doubt, making it unnecessary to decide the constitutional issue of taint.
• Strausser v. State
  592 So. 2d 375· Fla. 3d DCA· 1992-01-28
  Kenneth Strausser appealed the trial court's denial of his motion to correct an illegal sentence following his guilty plea to second-degree murder and armed robbery. Strausser argued that he did not knowingly waive his right to appeal the upward departure sentence and that the la
• Frassetto v. Perrill
  955 F.2d 176· 2d Cir.· 1992-01-28
  The court held that adverse information not previously considered by the Parole Commission qualifies as 'new' under 28 C.F.R. § 2.28(f), justifying a reconsideration hearing.
• Morgan v. Shirley
  958 F.2d 662· 6th Cir.· 1992-01-27
  The court held that the use of a statutory presumption as evidence in a DUI case did not violate due process by impermissibly shifting the burden of persuasion to the defendant.
• Bell v. Baker
  954 F.2d 400· 6th Cir.· 1992-01-23
  The court held that the Sixth Amendment, as interpreted by the Supreme Court in Holland v. Illinois, does not prohibit the exclusion of cognizable groups from a petit jury through peremptory challenges.
• Acosta-Huerta v. Estelle
  954 F.2d 581· 9th Cir.· 1992-01-23
  The court held that the petitioner's Sixth Amendment right to confrontation was not violated by the admission of a witness's prior sworn deposition testimony, as the prosecution made a good-faith effort to secure the witness's attendance and she was properly declared unavailable.
• Stano v. Singletary
  952 F.2d 1273· 11th Cir.· 1992-01-22
  The Eleventh Circuit granted Stano's motion to remand his habeas corpus petition to allow him to amend it with a newly discovered conflict of interest claim regarding his trial counsel, following the Florida Supreme Court's ruling in Herring v. State that such defendants are enti
• Stewart v. Davies
  954 F.2d 515· 8th Cir.· 1992-01-21
  The court held that a prisoner transferred to another state under the Interstate Corrections Compact does not have a constitutional liberty interest in participating in rehabilitative programs or a possibility of parole, nor is such a transfer a violation of due process.
• Hopkinson v. Shillinger
  954 F.2d 609· 10th Cir.· 1992-01-15
  The court affirmed the denial of the second federal habeas corpus petition, finding the petitioner abused the writ and failed to show cause for procedural default.
• Garrett v. Collins
  951 F.2d 57· 5th Cir.· 1992-01-06
  The court held that a prisoner's belief that supernatural intervention will prevent his execution does not render him incompetent to be executed under the Ford v. Wainwright standard.
• Worthen v. Kaiser
  952 F.2d 1266· 10th Cir.· 1992-01-03
  The court held that the petitioner abused the writ by failing to raise new claims in his first federal habeas petition without adequate cause.
• Thornblad v. Larry Olson, M.D.
  952 F.2d 1037· 8th Cir.· 1992-01-02
  The court held that a rational person could find by clear and convincing evidence that the petitioner was mentally ill and that his continued involuntary commitment was necessary, affirming the dismissal of his habeas corpus petition.
• Mendyk v. State
  592 So. 2d 1076· Fla.· 1992-01-02
  Todd Mendyk appeals the denial of his motion for post-conviction relief under Florida Rule of Criminal Procedure 3.850 and petitions for habeas corpus following his conviction for first-degree murder, kidnapping, and sexual battery, and subsequent death sentence. The Florida Supr
• United States v. Wheeler
  952 F.2d 326· 9th Cir.· 1991-12-27
  A district court's order refusing to vacate an underlying contempt order is nonappealable when the grounds for vacatur existed at the time the contempt order was entered and the contemnor failed to appeal timely from that order.
• Nylon Vick v. A.L. Lockhart
  952 F.2d 999· 8th Cir.· 1991-12-26
  The court held that a remand is necessary to determine the timing of Miranda warnings and for an evidentiary hearing on ineffective assistance of counsel claims.
• Hogan v. State OF Iowa
  952 F.2d 224· 8th Cir.· 1991-12-24
  A federal court lacks jurisdiction to entertain a habeas corpus petition if the sentence for the challenged conviction has completely expired, even if that conviction was used to enhance a subsequent sentence.
• Love v. Butler
  952 F.2d 10· 1st Cir.· 1991-12-19
  The court held that the district court properly dismissed the habeas corpus petition because the bail-jumping statute was not unconstitutionally vague as applied, and the petitioner's other claims lacked merit.
• Bufford McDONALD v. NEW Mexico Parole Bd.
  955 F.2d 631· 10th Cir.· 1991-12-17
  A parolee is not entitled to an immediate revocation hearing or due process safeguards when a detainer warrant has been issued but not executed, especially when the parolee is incarcerated for a subsequent offense.
• Thomas v. Groose
  951 F.2d 173· 8th Cir.· 1991-12-17
  The court held that the petitioner's claims of ineffective assistance of counsel did not meet the prejudice requirement for habeas corpus relief.
• Elam v. Crispus C. NIX
  951 F.2d 890· 8th Cir.· 1991-12-11
  The court held that a jury instruction creating a permissive inference of malice aforethought, even with potentially problematic language, did not violate due process because it did not impermissibly shift the burden of proof and any error was harmless beyond a reasonable doubt.
• Smith v. Kolb
  950 F.2d 437· 7th Cir.· 1991-12-06
  The court held that the exclusion of the DNR witness testimony did not violate the defendant's Sixth Amendment right to present a defense, and his claims of ineffective assistance of counsel were also without merit.
• Kearse v. State
  590 So. 2d 502· Fla. 1st DCA· 1991-12-03
  Kearse appeals the summary denial of a habeas corpus petition seeking release pending appeal of his drug conviction. He contends his appointed counsel delayed prosecuting his appeal, violating his constitutional right to effective appellate assistance. The court reverses, finding
• Bunch v. Thompson
  949 F.2d 1354· 4th Cir.· 1991-11-27 ·via Habeas Corpus Petition
  The dissenting judge argues that the Supreme Court's decision in Edwards established a clear, bright-line rule that once a suspect invokes their right to counsel, any subsequent waiver must be initiated by the suspect, and this rule was not altered by later cases like Solem.
• Wilson v. A.L. Lockhart
  949 F.2d 1051· 8th Cir.· 1991-11-27 ·via Federal Habeas Corpus
  The court held that a prisoner challenging parole eligibility must pursue federal habeas corpus and exhaust state remedies, even if state law does not recognize habeas corpus for this purpose.
• Chadwick v. State of Iowa
  951 F.2d 863· 8th Cir.· 1991-11-27
• Shackelford v. Armontrout
  950 F.2d 521· 8th Cir.· 1991-11-22
  A state prisoner cannot excuse procedural default based on ineffective post-conviction counsel.
• Glover v. Norris W. McMACKIN
  950 F.2d 1236· 6th Cir.· 1991-11-22
  The court should not allow the state another opportunity to justify the mistrial order, as the record lacks manifest necessity and the trial court did not exercise sound discretion.
• G.W. Green v. Collins
  947 F.2d 1230· 5th Cir.· 1991-11-09
  The court denied the request for a stay of execution and a certificate of probable cause, finding no colorable claims for federal habeas relief.
• Treadwell v. A.L. Lockhart
  948 F.2d 453· 8th Cir.· 1991-11-01
  The court affirmed the dismissal of the habeas corpus petition, finding the competency claim without merit even if preserved.
• Featherstone v. Estelle
  948 F.2d 1497· 9th Cir.· 1991-10-31
  The court held that the petitioner's claims of prejudicial trial errors and ineffective assistance of counsel did not rise to the level of federal constitutional violations warranting habeas corpus relief.
• Whatley v. Morrison
  947 F.2d 869· 8th Cir.· 1991-10-25
  A state prisoner must exhaust state remedies before seeking federal habeas relief for an out-of-state detainer, but such dismissal should be without prejudice.
• Keegan v. Lawrence
  778 F. Supp. 523· S.D. Fla.· 1991-10-24
  The court held that a federal court should not intervene in a state civil contempt matter that is actively pending before the state court, especially when the state court is best positioned to assess the evidence and credibility of the contemnor.
• Millard Dale Jennings v. Maynard
  946 F.2d 1502· 10th Cir.· 1991-10-16
  The court held that the admission of an unavailable witness's out-of-court statement did not violate the Confrontation Clause because the statement was reliable and fell within the statement-against-interest exception to hearsay.
• Derric Morrison v. State OF Mo.
  946 F.2d 1340· 8th Cir.· 1991-10-09 ·via Habeas Corpus Petition
  The court held that the prosecutor's conduct, while reprehensible, was not intended to provoke the defendant into moving for a mistrial, thus double jeopardy does not bar retrial.
• Micheaux v. Collins
  944 F.2d 231· 5th Cir.· 1991-10-09
  The court held that federal habeas courts are not bound by state habeas trial court findings if not adopted by the final state decisionmaker and are inconsistent with it.
• Wilson v. Hoke
  945 F.2d 1250· 2d Cir.· 1991-10-01 ·via Writ Of Habeas Corpus
  The court held that the petitioner failed to establish a prima facie case of discriminatory jury selection under Batson v. Kentucky due to an insufficient record and lack of a timely, cognizable objection.
• Wilson v. C.M. Lensing and Attorney General of Louisiana
  943 F.2d 9· 5th Cir.· 1991-09-27 ·via Habeas Corpus Petition
  The court held that the retroactive application of Louisiana's amended statute allowing sentencing on habitual offender bills after an appeal order did not constitute an ex post facto violation.
• Spence v. Crispus C. NIX
  945 F.2d 1030· 8th Cir.· 1991-09-24
  The court held that although counsel was deficient in failing to file a motion to arrest judgment, the petitioner could not show prejudice because his guilty pleas were voluntary and he would not have succeeded on appeal.
• Sterling Dickens v. Armontrout
  944 F.2d 461· 8th Cir.· 1991-09-20
  The court held that the district court should have accepted the state's waiver of the exhaustion of remedies defense, even though the petitioner had not filed a state habeas petition under Rule 91.
• Harmon v. Ryan
  944 F.2d 465· 9th Cir.· 1991-09-20
  The court held that the district court erred in sua sponte dismissing the habeas petition for failure to exhaust state remedies, as it was not clear from the face of the petition that state remedies were unexhausted.
• Eldridge Payton v. Whitley
  941 F.2d 1321· 5th Cir.· 1991-09-19
  The court held that the petitioner failed to raise a genuine issue of fact regarding the sentencing judge's knowledge of sentencing discretion, thus an evidentiary hearing was not required.
• Mayfield v. Klevenhagen
  941 F.2d 346· 5th Cir.· 1991-09-12 ·via Habeas Corpus Petition
  The court held that the dismissal of Mayfield's actions and the imposition of sanctions were proper because he attempted to circumvent prior court orders by filing frivolous suits in an improper venue.
• Daniels v. Jones
  944 F.2d 429· 8th Cir.· 1991-09-11 ·via Federal Habeas Corpus
  The court held that the appellant had procedurally defaulted on claims that could have been raised in state court and were not, and that no state remedies remained available to him.
• Escobar v. O'Leary
  943 F.2d 711· 7th Cir.· 1991-09-10 ·via Habeas Corpus Review
  The court held that a retrial after a mistrial declared due to jury bias and deadlock is permissible under the manifest necessity doctrine, even if the defendant did not explicitly consent to the mistrial. The court also held that the mention of polygraph evidence did not render
• Usher v. Jones
  943 F.2d 889· 8th Cir.· 1991-09-05
  The court held that the evidence was sufficient to support the conviction and that the admission of the defendant's notes did not violate due process.
• Rafi Dhakaa Khan v. Col. William L. Hart
  943 F.2d 1261· 10th Cir.· 1991-09-05
  The court held that Article 56 of the UCMJ, which allows the President to prescribe maximum penalties for offenses, is a sufficiently intelligible delegation of congressional power and does not violate the nondelegation doctrine.
• Whitehead v. Senkowski
  943 F.2d 230· 2d Cir.· 1991-08-29
  A federal court should not grant a writ of habeas corpus to a state prisoner claiming immunity from prosecution as a federal agent when there are disputed facts regarding the authorization and necessity of the acts, and no peculiar urgency or evidence of state interference with f
• State v. Hunt
  584 So. 2d 228· Fla. 5th DCA· 1991-08-22 ·via Writ Of Habeas Corpus
  Extradition is permissible even if the accused was not physically present in the demanding state when the crime was committed, provided the acts intentionally resulted in a crime there.