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

• Mason v. Groose
  942 F.2d 515· 8th Cir.· 1991-08-20
  The court held that the appellant's notice of appeal was untimely because it was filed more than 30 days after the entry of final judgment, and the district court lacked jurisdiction to grant an extension without proper notice and showing of excusable neglect.
• McDOUGALD v. A.L. Lockhart
  942 F.2d 508· 8th Cir.· 1991-08-19
  The district court erred in granting the writ of habeas corpus because the petitioner failed to fairly present his claim to the state courts, and he could not demonstrate sufficient cause and prejudice to excuse this failure.
• Simpson v. A.L. Lockhart
  942 F.2d 493· 8th Cir.· 1991-08-15
  The court held that the petitioner's second conviction for capital felony murder was not barred by double jeopardy and that the Arkansas capital felony murder and first-degree felony murder statutes are not unconstitutionally vague.
• Brewer v. Dahlberg
  942 F.2d 328· 6th Cir.· 1991-08-13
  The court held that the petitioner failed to exhaust state remedies because mandamus was not an appropriate remedy due to the absence of a clearly established statutory or common law duty to provide supplemental explanatory notice of parole conditions to a parolee serving concurr
• Williams v. State OF Ark.
  941 F.2d 672· 8th Cir.· 1991-08-08
  The court held that a pro se status and educational background are insufficient cause for failing to pursue state-court remedies, thus affirming the denial of habeas corpus relief.
• Wing v. Sargent
  940 F.2d 1189· 8th Cir.· 1991-08-08 ·via Habeas Corpus Petition
  The court held that trial counsel's strategic decisions and failure to interview certain witnesses did not constitute ineffective assistance of counsel under the Strickland standard.
• Strachan v. Colon
  941 F.2d 128· 2d Cir.· 1991-08-07
  The court held that the Extradition Clause and federal statute mandate extradition and preclude asylum states or courts from considering defenses like laches or due process claims, or questioning the demanding state's delay.
• Smith v. Thompson
  937 F.2d 217· 5th Cir.· 1991-08-02
  The court held that a petitioner must allow the agency to correct its own errors before seeking judicial relief via habeas corpus, even if the agency reopens the case after the petition is filed.
• Schrier v. State OF Iowa & William Armontrout
  941 F.2d 647· 8th Cir.· 1991-08-01
  The court held that any error in instructing the jury on an alternative theory of first-degree murder was harmless beyond a reasonable doubt, and other claims lacked merit.
• In the Interest of P.A.G. v. M.G.
  584 So. 2d 600· Fla. 2d DCA· 1991-07-31
  The Florida Department of Health and Rehabilitative Services appeals an order unsealing adoption records to disclose the adoptive parents' names to the child's natural mother. The court reverses and remands, holding that the trial court failed to conduct a full evidentiary hearin
• Gov't of Jamaica v. United States
  770 F. Supp. 627· M.D. Fla.· 1991-07-31
  The court held that the petition for writ of habeas corpus and injunctive relief must be denied because there was no violation of Jamaican law or the Extradition Treaty, and deference is owed to the Executive Branch's determination regarding the return of the individual.
• ST. Germaine v. Cir. Court FOR Vilas Cnty.
  938 F.2d 75· 7th Cir.· 1991-07-23
  The court held that Wisconsin has jurisdiction to enforce its traffic laws against an enrolled tribal member on his reservation because the offense is criminal and prohibitory, not merely regulatory, under Public Law 280.
• Jones v. Whitley
  938 F.2d 536· 5th Cir.· 1991-07-20
  The court held that the petitioner's second federal habeas corpus petition constituted an abuse of the writ because he failed to demonstrate cause and prejudice for not raising his claims in the first petition, and the claims did not present a fundamental miscarriage of justice.
• Darwin Jay Robinson, Sr. v. Clarke
  939 F.2d 573· 8th Cir.· 1991-07-19
  The court held that the appellant's claims regarding illegally seized evidence, tainted identification, improper informant testimony, and double jeopardy were without merit, affirming the denial of his habeas petition.
• Gilbert P. Hager, M.D. v. Secretary OF the AIR Force and Commanding General
  938 F.2d 1449· 1st Cir.· 1991-07-18
  The court held that the military's dismissal of a conscientious objector claim based on suspicion and speculation, rather than evidence of insincerity, was improper.
• Rollins v. Leonardo
  938 F.2d 380· 2d Cir.· 1991-07-17
  The court affirmed the denial of the habeas corpus petition, finding no merit in the appellant's claims.
• Long v. Armontrout
  938 F.2d 106· 8th Cir.· 1991-07-05
  The court held that defects in post-conviction proceedings do not raise constitutional questions cognizable in habeas corpus, and that the petitioner failed to demonstrate ineffective assistance of counsel or prejudice from alleged errors regarding his guilty plea.
• Lucio G. Rivera v. Collins
  934 F.2d 658· 5th Cir.· 1991-06-28
  The court held that the petitioner's claims of ineffective assistance of counsel and violations of his rights of silence and counsel due to psychiatric examinations were without merit, and thus affirmed the denial of his habeas corpus petition.
• Adolph Lott v. State
  581 So. 2d 162· Fla.· 1991-06-20 ·via Writ Of Habeas Corpus
• Medina v. J.P. Keane
  936 F.2d 681· 2d Cir.· 1991-06-17
  The admission of a post-arrest statement, even if obtained in violation of the Sixth Amendment right to counsel, can constitute harmless error if there is no reasonable possibility that it contributed to the conviction.
• Dickerson v. Guste
  932 F.2d 1142· 5th Cir.· 1991-06-11 ·via Habeas Corpus Relief
  The court held that the time spent in federal prison under a state detainer does not count towards the speedy trial period, and denial of motions for a new trial and an investigator did not violate constitutional rights.
• Miller v. Barberton Mun. Court
  935 F.2d 775· 6th Cir.· 1991-06-07
  The court held that the evidence was constitutionally insufficient to support a conviction for criminal recklessness under the applicable statute.
• Bernard v. Garraghty
  934 F.2d 52· 4th Cir.· 1991-05-28
  A prisoner serving consecutive sentences is considered 'in custody' for purposes of federal habeas corpus challenge against any of those sentences, even if the sentence for the challenged conviction has technically expired.
• Robinson v. Ponte
  933 F.2d 101· 1st Cir.· 1991-05-22
  A state court's decision on whether to apply a new rule retroactively on collateral review does not raise a federal constitutional issue, even if the new rule was based on federal constitutional principles.
• Lesly Jean v. Rice
  945 F.2d 82· 4th Cir.· 1991-05-22
  The court held that the state's failure to disclose hypnotically enhanced testimony recordings and related reports, despite a discovery request, violated Brady v. Maryland and prejudiced the defendant.
• Carlyle Saunders
  579 So. 2d 397· Fla. 3d DCA· 1991-05-21
  The court denied a petition for a writ of habeas corpus, holding that appellate counsel was not ineffective for failing to raise the issue of a jury instruction on second-degree murder in a first-degree murder case where the death penalty was waived. The court clarified that the
• A.A. v. Cornell Rolle
  580 So. 2d 282· Fla. 3d DCA· 1991-05-17
  A juvenile petitioner challenges his ten-day commitment to a detention center for contempt of court, arguing that Florida's detention statutes prohibit using secure detention as a punishment sanction. The appellate court upholds the commitment, holding that contempt sanctions are
• Melgoza v. Peters
  932 F.2d 676· 7th Cir.· 1991-05-16
  A trial court's decision to instruct the jury not to draw adverse inferences from a defendant's failure to testify, even over the defendant's objection, does not violate the Fifth Amendment or the Due Process Clause.
• Mustelier v. Dugger
  579 So. 2d 353· Fla. 3d DCA· 1991-05-14 ·via Writ Of Habeas Corpus
  Salvador Mustelier seeks habeas corpus relief claiming his appellate counsel was ineffective for failing to raise the omission of a jury instruction on second degree murder as a lesser included offense in his first degree felony murder conviction. The court holds that such an ins
• Campbell v. Warden Gary Henman
  931 F.2d 1212· 7th Cir.· 1991-05-09
  The court held that the district court erred by failing to determine if exculpatory evidence existed and by not conducting an in camera review of the entire investigatory file. The court also clarified that failing to use a staff representative does not waive an inmate's right to
• DiBLASIO v. Keane
  932 F.2d 1038· 2d Cir.· 1991-05-09
  The court held that the prosecution's failure to disclose the identity or whereabouts of a confidential informant violated the defendant's due process rights, as the informant's testimony was material to the defendant's entrapment defense.
• Penn v. Attorney Gen. OF THE State OF Ala.
  930 F.2d 838· 11th Cir.· 1991-05-06
  The court held that even if the Jefferson County juvenile statute was unconstitutional, the appellant suffered no prejudice and his prior convictions were validly used for sentence enhancement.
• Bainter v. Trickey
  932 F.2d 713· 8th Cir.· 1991-05-03
  The court held that a defendant's claim of ineffective assistance of counsel for failing to timely file a motion for a new trial fails if the defendant initially did not wish to appeal, and that a claim of attorney's failure to investigate competency is rejected if the state cour
• Hatter v. Iowa Men's Reformatory
  932 F.2d 701· 8th Cir.· 1991-05-01
  The court held that the Iowa kidnapping statute was not unconstitutionally vague as applied, the kidnapping was not incidental to the sexual abuse, the confession was admissible for impeachment, and the life sentence was not disproportionate.
• Bienbenito Fernandez v. Leonardo
  931 F.2d 214· 2d Cir.· 1991-04-30
  The court held that the petitioner failed to demonstrate cause for his procedural default in failing to object to the admission of his co-defendant's statement at trial, and therefore, habeas relief was improperly granted.
• Herman v. Butterworth
  929 F.2d 623· 11th Cir.· 1991-04-25
  The court held that the admission of Exhibit 56, a summary of inadmissible confessions, was not prejudicial to the defendant's case, and therefore, counsel's failure to object did not constitute ineffective assistance of counsel.
• Kitt v. Clarke
  931 F.2d 1246· 8th Cir.· 1991-04-25
  The court held that the appellant failed to demonstrate that his counsel's performance was deficient or that any such deficiency prejudiced his defense, thus affirming the denial of his habeas corpus petition.
• Elwood Smith v. Smith
  931 F.2d 242· 4th Cir.· 1991-04-23
  The court held that the defendant failed to demonstrate prejudice from his counsel's alleged ineffectiveness, as the proposed witness's testimony would have been unreliable and potentially harmful to the defense.
• Daniels v. Bronson
  932 F.2d 102· 2d Cir.· 1991-04-22
  The court held that the imposition of consecutive sentences for a capital felony-multiple murder conviction and a lesser included murder conviction violates the Double Jeopardy Clause, but this violation can be cured by vacating one conviction or reducing the capital felony convi
• Tabor v. Armontrout
  930 F.2d 659· 8th Cir.· 1991-04-19
  The court held that the district court did not err in dismissing the habeas corpus petition, affirming the judgment.
• Creel v. Keene
  928 F.2d 707· 5th Cir.· 1991-04-16 ·via Habeas Corpus Petition
  The court held that the Texas parole statute, as amended, does not create a constitutionally protected liberty interest in parole release, and therefore, the denial of parole did not violate due process.
• Felk v. Dugger
  577 So. 2d 717· Fla. 1st DCA· 1991-04-11 ·via Writ Of Habeas Corpus
  Felk appeals denial of habeas corpus relief seeking provisional credits under a statute enacted after his crimes. The court affirms the denial but certifies an ex post facto question to the Florida Supreme Court regarding whether applying a restrictive gain-time statute to inmate
• Griffin v. Davies
  929 F.2d 550· 10th Cir.· 1991-03-29
  The court held that the trial judge's excessive admonitions to a prosecution witness did not violate the petitioner's due process rights because the witness testified and the testimony was not rendered less material or favorable due to the judge's actions.
• Gonzalo Fernos-Lopez v. Eloisa Figarella Lopez
  929 F.2d 20· 1st Cir.· 1991-03-27
  The court held that the petitioner was not 'in custody' when he filed his habeas corpus petition, thus the district court lacked jurisdiction.
• Lynott v. Story
  929 F.2d 228· 6th Cir.· 1991-03-26
  The court held that a parolee's Fifth Amendment rights are not violated unless 'certain non-criminal sanctions' are imposed as a direct result of refusing to testify, and that ineffective assistance of counsel requires showing both deficient performance and prejudice.
• Grady v. United States
  929 F.2d 468· 9th Cir.· 1991-03-25
  The court held that a motion under 28 U.S.C. § 2255 is an appropriate remedy to challenge a probation revocation when the challenged decision is made by the sentencing court. The court also held that the defendant failed to establish ineffective assistance of counsel or prejudice
• Johnson v. Lewis
  929 F.2d 460· 9th Cir.· 1991-03-22 ·via Federal Habeas Corpus
  The court held that the petitioner was not procedurally barred from seeking collateral review of his federal constitutional claim under Arizona law because the record did not show he knowingly, voluntarily, and intelligently waived the claim, and he had not previously litigated i
• Moore v. Armontrout
  928 F.2d 288· 8th Cir.· 1991-03-20
  The court held that ineffective assistance of post-conviction counsel can constitute cause to lift a procedural bar, but in this case, counsel's strategic decision not to raise the rape charge issue was reasonable. The court also found the guilty pleas for rape and tampering were
• Wright v. Crispus C. NIX
  928 F.2d 270· 8th Cir.· 1991-03-18
  The court held that the petitioner failed to demonstrate prejudice under the Strickland test for ineffective assistance of counsel, as he did not show that the outcome of his trial would have been different with the excluded juror.
• Weekley v. Jones
  927 F.2d 382· 8th Cir.· 1991-03-04
  The court held that the district court did not abuse its discretion in granting an extension for the notice of appeal, but reversed and remanded for further consideration of the jury selection and ineffective assistance of counsel claims.