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

• Tetzler v. State
  575 So. 2d 318· Fla. 2d DCA· 1991-03-01
  Florida appellate court reversed trial court's denial of post-conviction relief motion, holding that ineffective assistance of counsel claims regarding belated appeals must be addressed through Rule 3.850 motions in trial court rather than habeas corpus petitions in appellate cou
• Williams v. A.L. Lockhart
  927 F.2d 374· 8th Cir.· 1991-02-28
  The court held that the district court did not abuse its discretion in denying the second habeas petition as an abuse of the writ, because the petitioner had knowledge of and participated in the filing of the first petition.
• Campbell v. Blodgett
  927 F.2d 444· 9th Cir.· 1991-02-27
  The court held that it would defer ruling on the federal habeas corpus petition until the Washington Supreme Court ruled on related issues to avoid piecemeal litigation.
• Johnson v. Vose
  927 F.2d 10· 1st Cir.· 1991-02-27
  The court held that the defendant was not entitled to a presumption of vindictiveness because the judge's statement about a rejected plea offer, made after closing arguments, did not create a reasonable likelihood of vindictiveness.
• Mills v. Armontrout
  926 F.2d 773· 8th Cir.· 1991-02-27
  The court held that the district court properly denied the petition for habeas corpus relief, affirming the lower court's decision.
• Mills v. Collins
  924 F.2d 89· 5th Cir.· 1991-02-19
  The Sixth Amendment does not require a defendant's consent to proceed with an eleven-member jury in a state criminal trial when state law permits it due to juror disability.
• Cyril Athana Kolocotronis v. Holcomb
  925 F.2d 278· 8th Cir.· 1991-02-15
  The court held that the petitioner sufficiently alleged exhaustion of state remedies as a matter of pleading, and a dismissal without prejudice is a final order for appellate review.
• Earnest v. A.L. Lockhart
  926 F.2d 703· 8th Cir.· 1991-02-14
  The appellate court affirmed the district court's denial of the habeas petition, finding the petitioner procedurally barred from federal review.
• Alvarado v. State
  574 So. 2d 274· Fla. 3d DCA· 1991-02-12
  Pedro Alvarado appealed the denial of his post-conviction relief motion challenging his convictions and sentences for first degree murder and related offenses. The court affirmed the denial of his ineffective trial counsel claim but reversed on his ineffective appellate counsel c
• Bird v. Collins
  924 F.2d 67· 5th Cir.· 1991-02-05
  The court vacated the district court's sua sponte ruling on a Penry claim and affirmed the denial of the habeas corpus petition.
• Goode v. Armontrout
  925 F.2d 239· 8th Cir.· 1991-02-04
  The court held that the appellant failed to demonstrate prejudice from his trial counsel's alleged ineffectiveness, as required by Strickland v. Washington.
• Ylipelkonen v. Thornburgh
  474 F. App'x 283· S.D. Fla.· 1991-01-31
• Bianchi v. Blodgett
  925 F.2d 305· 9th Cir.· 1991-01-31
  The court held that a federal habeas corpus petition must challenge the judgment of a single state court, and a petitioner cannot challenge judgments from two different states in a single petition, even if based on an interjurisdictional plea agreement.
• Pletka v. Crispus NIX
  924 F.2d 771· 8th Cir.· 1991-01-29
  The court held that even if counsel was ineffective for failing to object to a jury instruction that omitted malice aforethought for felony murder, the petitioner failed to demonstrate prejudice under Strickland v. Washington because the outcome of the case would not likely have
• Marsh v. Taylor
  925 F.2d 1131· 9th Cir.· 1991-01-28
  The Parole Commission's erroneous grant of a presumptive parole date was void and could be corrected, as the defendant's sentence was unparolable under the Sentencing Guidelines.
• Lowe v. United States
  923 F.2d 528· 7th Cir.· 1991-01-22
  The government has a right to appeal a sentence reduction granted under 28 U.S.C. § 2255, and the conviction for intimidation under Illinois law qualifies as a 'violent felony' under the Armed Career Criminal Act.
• Rice v. Clarke
  923 F.2d 117· 8th Cir.· 1991-01-14
  The court held that the district court did not err in denying the petition for a writ of habeas corpus, as the prosecution's alleged failures to disclose evidence did not prejudice the defendant.
• Hicks v. Duckworth
  922 F.2d 409· 7th Cir.· 1991-01-10
  A defendant's double jeopardy rights are not violated when the state appeals the dismissal of an habitual offender charge after the defendant has begun serving a sentence on the underlying crime, if the state has a statutory right to appeal.
• Ivey v. Myers
  919 F.2d 1074· 5th Cir.· 1990-12-28 ·via Federal Habeas Corpus
  A petitioner satisfies the exhaustion requirement for federal habeas corpus if they have fairly presented their claims to the state's highest court, even if that presentation was via a petition for discretionary review after an intermediate appellate court ruled on the merits.
• McDANIEL v. State OF Ariz.
  921 F.2d 966· 9th Cir.· 1990-12-28 ·via Habeas Corpus Review
  The court held that modifying a sentence to be consecutive rather than concurrent, when the overall punishment was not increased, does not violate the Double Jeopardy Clause. Furthermore, collateral estoppel does not apply to sentencing modifications.
• Willhoite v. Vasquez
  921 F.2d 247· 9th Cir.· 1990-12-27
  The court affirmed the conviction, finding that while the prosecutor's secret deal was objectionable, there was no reasonable probability that its disclosure would have changed the trial's outcome.
• Nichols v. State
  571 So. 2d 121· Fla. 2d DCA· 1990-12-21
  The court held that a claim of denial of the right to appeal, stemming from counsel's failure to file a timely notice of appeal, should be treated as a claim of ineffective assistance of counsel and addressed on the merits by the trial court.
• Sammie Clemons v. Armontrout
  921 F.2d 187· 8th Cir.· 1990-12-19
  The court affirmed the denial of the habeas corpus petition, finding that the defendant's claims regarding double jeopardy, improper guilty pleas, and ineffective assistance of counsel were meritless.
• Thomas v. Collins
  919 F.2d 333· 5th Cir.· 1990-12-17
  The court held that the federal habeas petition must be dismissed for failure to exhaust state remedies because the petitioner raised new, combined arguments for the first time before the federal magistrate.
• Grant v. Hoke
  921 F.2d 28· 2d Cir.· 1990-12-14
  The court held that the denial of a severance motion did not abridge the petitioner's right to a fair trial under the fourteenth amendment, as the defenses, while antagonistic, were not so mutually exclusive that the jury had to disbelieve one to believe the other.
• Dep't of Health & Rehabilitative Servs. v. Cole
  574 So. 2d 160· Fla. 5th DCA· 1990-12-13
  HRS appealed an order requiring it to pay attorney's fees for Ronald Cole's representation of the Guardian Ad Litem Program in a child dependency case. The court reversed, holding that HRS has no obligation to pay the fees of counsel for the Guardian Ad Litem Program because HRS
• Aiken v. Blodgett
  921 F.2d 214· 9th Cir.· 1990-12-12
  The court held that new evidence regarding decibel levels did not prove the officers heard the defendant's requests for counsel, and thus did not render the confession involuntary. The court affirmed the denial of the habeas petition.
• Murphy v. Republic of Panama
  465 F. App'x 226· S.D. Fla.· 1990-12-12
• Chandler v. Barncastle
  919 F.2d 23· 5th Cir.· 1990-12-11
  A parole violator warrant is invalidly executed if attempted contrary to the Parole Commission's specific instructions, allowing the Commission to withdraw it.
• Ward v. Rutherford
  921 F.2d 286· D.C. Cir.· 1990-12-07 ·via Habeas Corpus Review
  The court held that assigning international extradition proceedings to a magistrate does not violate Article III or the Fifth Amendment.
• Fisher v. Crispus NIX
  920 F.2d 549· 8th Cir.· 1990-12-06
  The court held that even if a prosecutor fails to correct misleading witness testimony or makes misleading statements in closing arguments, the error is harmless if the jury was aware of the witness's plea agreement and there was sufficient other evidence to convict.
• Thompson v. State
  570 So. 2d 423· Fla. 1st DCA· 1990-11-21 ·via Writ Of Habeas Corpus
  Percy Thompson petitioned for a writ of habeas corpus arguing that delays in his appellate briefing, caused by the public defender's office being overworked, entitled him to immediate release pending appeal. The court denied the petition, finding that the legislature had appropri
• The United States v. Ghassan L. Ammar
  919 F.2d 13· 3d Cir.· 1990-11-19
  The court held that a defendant's claim that a mandatory special parole term was added to his sentence in his absence is a fundamental defect cognizable under 28 U.S.C. § 2255, as it violates Federal Rule of Criminal Procedure 43(a).
• Tyler v. Armontrout
  917 F.2d 1138· 8th Cir.· 1990-10-31
  The court affirmed the denial of the habeas corpus petition and Rule 60(b) motion, finding that the claims constituted an abuse of the writ because they were deliberately withheld from a prior petition.
• Toussaint v. McCARTHY
  918 F.2d 752· 9th Cir.· 1990-10-30
  The court held that the district court erred in continuing the monitor's appointment, prohibiting polygraph examinations, and mandating 90-day review periods for segregation decisions, but affirmed the requirement for the Criminal Activities Coordinator to hear prisoner views.
• Hardy v. Wigginton
  922 F.2d 294· 6th Cir.· 1990-10-29
  The court held that the petitioner's claim that a child witness must testify in the physical presence of the trier of fact constitutes a 'new rule' that is not retroactively applicable on federal habeas review.
• Roman v. Estelle
  917 F.2d 1505· 9th Cir.· 1990-10-29
  The court held that a petition for review to the California Supreme Court, even without comment, constitutes a fair presentation of claims for exhaustion purposes. The district court erred in dismissing the entire habeas petition.
• Rael v. Sullivan
  918 F.2d 874· 10th Cir.· 1990-10-29 ·via Habeas Corpus Petition
  The court held that the jury instructions on extortion did not violate due process because they accurately reflected New Mexico law regarding the essential elements of the crime.
• Corey v. Dist. Court OF Vt.
  917 F.2d 88· 2d Cir.· 1990-10-22
  The court held that a mistrial declared sua sponte by the trial judge, after the jury had reached a verdict of not guilty, was not supported by manifest necessity, thus barring retrial under the Double Jeopardy Clause.
• Evans v. Muncy
  916 F.2d 163· 4th Cir.· 1990-10-16
  The court held that a federal court cannot grant habeas relief based on a 'new rule' that does not fall under Teague v. Lane exceptions, and that claims based on post-conviction conduct are matters for executive clemency, not federal habeas corpus.
• Johnson v. State OF Md.
  915 F.2d 892· 4th Cir.· 1990-10-01 ·via Habeas Corpus Relief
  The dissenting judge believes a new trial was warranted due to insufficient inquiry into potential racial prejudice among jurors.
• Fate McMILLER v. A.L. Lockhart
  915 F.2d 368· 8th Cir.· 1990-09-27
  The court held that the petitioner did not receive constitutionally ineffective assistance of counsel and that the trial court did not abuse its discretion in denying a continuance.
• Still v. A.L. Lockhart
  915 F.2d 342· 8th Cir.· 1990-09-24
  The court held that the petitioner failed to demonstrate prejudice from her counsel's alleged ineffectiveness, as required by Strickland v. Washington.
• Wickham v. Denis Dowd
  914 F.2d 1111· 8th Cir.· 1990-09-24
  The court held that the district court announced a new constitutional rule and applied it retroactively, violating the Teague v. Lane precedent.
• Gavin v. Wells
  914 F.2d 97· 6th Cir.· 1990-09-19
  A federal court lacks jurisdiction to consider a habeas corpus petition challenging a conviction for which the sentence has already been fully served, even if that conviction was used to enhance a later sentence.
• Vick v. Navarro
  567 So. 2d 495· Fla. 4th DCA· 1990-09-18
  In this habeas corpus petition, the Florida Fourth District Court of Appeal held that a trial court's contempt order violated due process protections because it simultaneously invoked both civil and criminal contempt findings without affording the defendant the constitutional pro
• COX v. Warden, Fed. Detention Ctr.
  911 F.2d 1111· 5th Cir.· 1990-09-17
  The court held that claims concerning sentencing errors are properly brought under § 2255, while post-sentencing errors by the Parole Commission or Bureau of Prisons are properly brought under § 2241. The denial of a motion to amend a habeas petition to add a claim for jail-time
• Cephas Larry Stone v. State
  566 So. 2d 581· Fla. 5th DCA· 1990-09-06
  Petitioner Stone sought habeas corpus relief claiming ineffective assistance of appellate counsel for failing to appeal the trial court's denial of a motion to sever Count III (malicious punishment/willful torture) from Counts I and II (sexual battery). The court denied the petit
• Smith v. Dugger
  911 F.2d 494· 11th Cir.· 1990-08-22 ·via Writ Of Habeas Corpus
  The court held that the district court erred in denying the writ of habeas corpus after finding counsel's failure to suppress confessions was unreasonable, as prior rulings established prejudice.
• Piekarski v. Bogan
  912 F.2d 224· 8th Cir.· 1990-08-20
  The court held that the petitioner is not entitled to immediate parole eligibility based on the Sentencing Reform Act of 1984, as amended.