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
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891 F.2d 490·
4th Cir.·
1989-12-11
A state may use peremptory challenges to exclude jurors with reservations about the death penalty, and a defense attorney's concessions of guilt and aggravating circumstances during the penalty phase, given the jury's prior guilty verdict, can constitute reasonable advocacy.
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891 F.2d 736·
9th Cir.·
1989-12-11
The court held that the rule established in Carter v. McCarthy, requiring defendants to be informed of mandatory parole terms as a direct consequence of a guilty plea, should not be applied retroactively to pleas entered before Carter was decided.
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890 F.2d 647·
3d Cir.·
1989-11-30
The court held that the omission of the word 'malice' from jury instructions on murder did not violate due process, as the instructions conveyed the essential elements of the crime and any errors were harmless or in the defendant's favor.
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725 F. Supp. 526·
S.D. Fla.·
1989-11-27
Bail should be granted pending habeas corpus review if the petitioner raises substantial constitutional claims with a high probability of success and extraordinary circumstances make the grant of bail necessary.
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552 So. 2d 319·
Fla. 2d DCA·
1989-11-17
A juvenile adjudicated delinquent and committed to the Department of Health and Rehabilitative Services sought mandamus to compel HRS to place him in a commitment program within five days as required by Florida statute. The court granted the petition, holding that HRS must comply
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555 So. 2d 1242·
Fla. 4th DCA·
1989-11-15
Liebman and Jones sought writs of certiorari and prohibition challenging the constitutionality of hearing officers conducting continued involuntary hospitalization placement hearings. The court upheld the statutory procedure, holding that hearing officers have concurrent jurisdic
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555 So. 2d 1245·
Fla. 2d DCA·
1989-11-15
A juvenile adjudicated delinquent and committed to HRS seeks mandamus relief to compel HRS to place him in a commitment program rather than continuing detention. The court holds that section 959.12, Florida Statutes requires HRS to remove juveniles from detention and place them i
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555 So. 2d 1247·
Fla. 2d DCA·
1989-11-15
A juvenile committed to the Department of Health and Rehabilitative Services (HRS) sought mandamus relief to compel HRS to comply with Florida Statute 959.12, which requires placement in a commitment program within five days of commitment. The court granted the petition and order
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889 F.2d 715·
6th Cir.·
1989-11-14
The court held that the exclusion of evidence regarding the circumstances of a confession, which was central to the defense of a sixteen-year-old defendant, was not harmless error because it deprived the defendant of his constitutional right to present a defense.
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888 F.2d 1124·
6th Cir.·
1989-11-06
The Double Jeopardy Clause bars retrial if a mistrial is declared without manifest necessity, and the trial court's initial approach to admitting evidence of the decedent's prior bad acts was not erroneous.
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746 F. Supp. 1492·
N.D. Fla.·
1989-10-24
The court held that the petitioner was denied effective assistance of counsel at the sentencing phase because his trial counsel failed to investigate and present available mitigating evidence, and this deficiency prejudiced the outcome of the sentencing proceeding.
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886 F.2d 611·
3d Cir.·
1989-09-29
Counsel's failure to challenge a jury instruction on intent was not ineffective assistance because the relevant constitutional law had not yet been clearly established at the time of trial.
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886 F.2d 506·
2d Cir.·
1989-09-28
A state court's finding of procedural default, even if sua sponte, bars federal habeas review unless the petitioner shows cause and prejudice.
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886 F.2d 178·
8th Cir.·
1989-09-22
The court held that the circumstantial evidence presented was constitutionally sufficient for a rational trier of fact to find the essential elements of capital murder beyond a reasonable doubt, supporting the denial of the habeas petition.
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885 F.2d 456·
8th Cir.·
1989-09-15
The court affirmed the denial of the habeas petition, finding no violation of federal constitutional rights regarding the admission of the psychiatrist's testimony, the inculpatory statements made after requesting counsel, or the sufficiency of evidence for sanity.
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884 F.2d 912·
6th Cir.·
1989-09-07
The Sixth Circuit held that the district court erred in granting habeas corpus relief based on insufficient evidence, as the Jackson v. Virginia standard requires only that a rational trier of fact could have found guilt beyond a reasonable doubt, not that all other hypotheses be
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884 F.2d 252·
6th Cir.·
1989-08-28
The admission of a nontestifying co-defendant's confession in a bench trial does not violate the Confrontation Clause if the judge is capable of compartmentalizing the evidence and not using it against the defendant.
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882 F.2d 895·
4th Cir.·
1989-08-21
The refusal of appellate counsel to raise a nonfrivolous claim on direct appeal does not constitute cause for a procedural default; such refusal is evaluated under the standard for ineffective assistance of counsel.
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881 F.2d 1451·
8th Cir.·
1989-08-16
The Eighth Amendment prohibits the state from submitting evidence of a victim's personal qualities to the jury during sentencing.
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547 So. 2d 344·
Fla. 1st DCA·
1989-08-15
Two inmates challenged their disciplinary confinement and forfeiture of gain time imposed by the Florida Department of Corrections, arguing the disciplinary rule was unconstitutional, the finding lacked evidentiary support, the hearing procedure was deficient, and a team member w
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881 F.2d 582·
8th Cir.·
1989-08-09
The court held that the admission of the victim's statements under the excited utterance exception did not violate the Confrontation Clause, and the defendant's counsel's failure to object was not ineffective assistance.
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The court held that the right to expunge state records is not a federal constitutional right and habeas corpus is the exclusive federal remedy for attacking state court convictions.
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879 F.2d 1203·
3d Cir.·
1989-07-19
The court held that the warrantless entry into Singer's home was not justified by exigent circumstances, rendering the aggravated assault conviction unconstitutional. It also held that Singer was denied effective assistance of counsel for the simple assault charges.
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878 F.2d 1117·
8th Cir.·
1989-07-14
The court held that the evidence was sufficient to support the conviction and that the district court did not err in denying the petition or in not appointing counsel.
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878 F.2d 344·
10th Cir.·
1989-07-03
The introduction of evidence from a prior trial where the defendant was acquitted violates the Fifth Amendment's guarantee against double jeopardy, as embodied by the doctrine of collateral estoppel.
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878 F.2d 1088·
8th Cir.·
1989-06-29
The court held that the district court properly denied the appellant's petition for a writ of habeas corpus.
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The court held that the appellant did not demonstrate special circumstances justifying bail pending appeal of an extradition certification denial.
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878 F.2d 275·
9th Cir.·
1989-06-23
A petitioner is not entitled to habeas corpus relief for delay in dispositional review of a parole detainer or for delay in a parole revocation hearing unless prejudice is shown.
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878 F.2d 1062·
8th Cir.·
1989-06-21
A petitioner must demonstrate prejudice from defective notice to obtain habeas relief for parole revocation.
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545 So. 2d 468·
Fla. 4th DCA·
1989-06-21
The court held that the petitioner failed to demonstrate ineffective assistance of appellate counsel under the Strickland standard.
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878 F.2d 159·
5th Cir.·
1989-06-15
The court held that serving a sentence on a prior conviction used for enhancement does not violate double jeopardy and does not entitle the defendant to credit for that time on the enhanced sentence.
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877 F.2d 802·
9th Cir.·
1989-06-13
The court held that the Indeterminate Sentence Review Board's use of prior convictions, which were not proven beyond a reasonable doubt in a prior habitual criminal proceeding, does not violate double jeopardy because the burdens of proof in the two proceedings were different.
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543 So. 2d 884·
Fla. 1st DCA·
1989-06-02
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875 F.2d 1520·
11th Cir.·
1989-05-31
The court held that while the prosecution should have produced all interviews of a witness under Brady v. Maryland, the suppression did not warrant a new trial because there was no reasonable probability that the outcome would have been different. The court also found that previo
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875 F.2d 785·
9th Cir.·
1989-05-30
The court held that compelling an indigent defendant to stand trial in prison garb due to financial inability to obtain other attire violates the due process clause.
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875 F.2d 1386·
9th Cir.·
1989-05-23
A defendant cannot claim double jeopardy when a conviction is reversed due to a mandatory appeal, even if the defendant objected to the appeal, because the state has a compelling interest in ensuring the death penalty is not imposed arbitrarily.
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874 F.2d 382·
6th Cir.·
1989-05-15
A criminal defendant's due process rights are not violated by a state court's refusal to allow withdrawal of a guilty plea after rejection of a prosecutor's sentencing recommendation, provided the defendant was not misled about the possibility of rejection and understood the pote
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873 F.2d 1300·
9th Cir.·
1989-05-04
The court held that restarting a prisoner's mandatory minimum time toward parole eligibility after an escape does not violate the Double Jeopardy Clause or the Equal Protection Clause.
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873 F.2d 761·
5th Cir.·
1989-04-27
The court held that a prisoner's civil rights claims challenging parole supervision fees as an ex post facto violation should not be dismissed prematurely and may require a stay or dismissal without prejudice pending habeas corpus exhaustion.
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873 F.2d 200·
8th Cir.·
1989-04-26
The court held that the district court did not abuse its discretion in denying a motion for reconsideration of a habeas corpus petition denial, as the new rule cited was inapposite and the prior decision was the law of the case.
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872 F.2d 725·
6th Cir.·
1989-04-11
The Sixth Amendment right to counsel does not attach prior to a decision to submit to a blood-alcohol test, and refusal to take such a test is not protected by the Fifth Amendment privilege against self-incrimination.
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873 F.2d 534·
2d Cir.·
1989-04-10
The court held that while the district court did not err in dismissing the petition on the merits, the case should be remanded in the interests of justice to allow appointed counsel to brief the merits of the habeas petition.
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872 F.2d 66·
4th Cir.·
1989-04-07
The district court had jurisdiction, but the Tribe failed to state a claim upon which relief could be granted under the Indian Child Welfare Act.
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A prisoner does not have a constitutional right to have another inmate represent or argue a motion for him in a court hearing.
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870 F.2d 908·
2d Cir.·
1989-03-23
The court held that the habeas corpus petition should be dismissed without prejudice for failure to exhaust state remedies, as the appellant had initiated a state court appeal after filing the federal petition.
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870 F.2d 854·
2d Cir.·
1989-03-17
The trial court did not abuse its discretion in denying the defendant's choice of counsel due to a serious potential conflict of interest, thus not violating the Sixth Amendment right to counsel.
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868 F.2d 989·
8th Cir.·
1989-02-27
The court held that a minor's youth is a factor, but not determinative, in waiving constitutional rights, and affirmed the district court's denial of the habeas corpus petition.
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707 F. Supp. 504·
M.D. Fla.·
1989-02-24
The court held that the trial court's failure to inquire into the petitioner's ability to pay for and need for an interpreter, and subsequent denial of the request, violated his constitutional rights to due process and confrontation.
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868 F.2d 265·
8th Cir.·
1989-02-10
The court affirmed the district court's dismissal of the habeas corpus petition, finding competency claims without merit and other claims barred by procedural default.